2005 Legislation
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HOUSE BILL NO. 56 – Snowmobile Search & Rescue Fund

HOUSE BILL NO. 56

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Bill Status



H0056.........................................by TRANSPORTATION AND DEFENSE
SNOWMOBILE CERTIFICATE FEES - Adds to and amends existing law to increase
the snowmobile certificates of number fee by one dollar and the nonresident
snowmobile user certificate fee by one dollar; to create a Snowmobile
Search and Rescue Fund; to provide for the deposit of the increase in the
snowmobile certificate fees to the Snowmobile Search and Rescue Fund; and
to create an advisory committee to review operations and disbursements from
the fund.
                                                                        
01/27    House intro - 1st rdg - to printing
01/28    Rpt prt - to Transp
02/15    Rpt out - rec d/p - to 2nd rdg
02/16    2nd rdg - to 3rd rdg
02/18    3rd rdg - PASSED - 60-7-3
      AYES -- Anderson, Andrus, Barraclough, Bastian, Bedke, Bell, Bilbao,
      Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark,
      Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Hart, Henbest, Henderson, Jaquet,
      Jones, Kemp, LeFavour, Martinez, Mathews, McGeachin, Miller,
      Mitchell, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring,
      Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Shepherd(2),
      Shepherd(8), Shirley, Skippen, Smith(30), Smylie(Telleria),
      Snodgrass, Stevenson, Trail, Wills, Wood
      NAYS -- Barrett, Bayer, Harwood, Lake, Loertscher, Moyle, Schaefer
      Absent and excused -- McKague, Smith(24), Mr. Speaker
    Floor Sponsor - Skippen
    Title apvd - to Senate
02/21    Senate intro - 1st rdg - to Transp
03/11    Rpt out - rec d/p - to 2nd rdg
03/14    2nd rdg - to 3rd rdg
03/15    3rd rdg - PASSED - 34-0-0, 1 vacancy
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
      Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- (District 21 seat vacant)
    Floor Sponsor - Keough
    Title apvd - to House
03/16    To enrol
03/17    Rpt enrol - Sp signed
03/18    Pres signed
03/21    To Governor
03/23    Governor signed
         Session Law Chapter 141
         Effective: 07/01/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 56
                                                                        
                          BY TRANSPORTATION AND DEFENSE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SNOWMOBILE SEARCH AND RESCUE; AMENDING CHAPTER 29, TITLE 67, IDAHO
  3        CODE, BY THE ADDITION OF A NEW SECTION 67-2913A, IDAHO CODE, TO  CREATE  A
  4        SNOWMOBILE  SEARCH  AND  RESCUE  FUND AND TO CREATE AN ADVISORY COMMITTEE;
  5        AMENDING SECTION 67-7103, IDAHO CODE, TO INCREASE THE SNOWMOBILE  CERTIFI-
  6        CATES  OF  NUMBER FEE BY ONE DOLLAR; AMENDING SECTION 67-7104, IDAHO CODE,
  7        TO INCREASE THE NONRESIDENT SNOWMOBILE USER CERTIFICATE FEE BY ONE DOLLAR;
  8        AND AMENDING SECTION 67-7106, IDAHO CODE, TO PROVIDE FOR  DEPOSIT  OF  THE
  9        INCREASE  IN SNOWMOBILE CERTIFICATE FEES TO THE SNOWMOBILE SEARCH AND RES-
 10        CUE FUND AND TO MAKE A TECHNICAL CORRECTION.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 12        SECTION 1.  That Chapter 29, Title 67, Idaho Code, be,  and  the  same  is
 13    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 14    ignated as Section 67-2913A, Idaho Code, and to read as follows:
                                                                        
 15        67-2913A.  SNOWMOBILE SEARCH AND RESCUE FUND --  ADVISORY  COMMITTEE.  (1)
 16    There is hereby created in the state treasury the snowmobile search and rescue
 17    fund.  Moneys  in  the  snowmobile search and rescue fund shall be perpetually
 18    appropriated to and shall be used by the director of the  Idaho  state  police
 19    for  the  purpose of defraying costs of search and rescue operations which are
 20    conducted by a county sheriff's office to assist or recover individuals riding
 21    snowmobiles, and for no other purpose.  One  hundred  percent  (100%)  of  the
 22    moneys  distributed to the fund pursuant to section 67-7106, Idaho Code, shall
 23    be deposited to the credit of the state snowmobile search and rescue fund. The
 24    fund shall be administered in the same manner as the state search  and  rescue
 25    fund  created  in section 67-2913, Idaho Code. The director of the Idaho state
 26    police is authorized to allocate up to ten percent (10%)  of  the  moneys  for
 27    reimbursement of administrative expenses.
 28        (2)  In  the  event  the balance in the state snowmobile search and rescue
 29    fund exceeds thirty thousand dollars ($30,000) on July 1 of any  year,  moneys
 30    in  excess  of thirty thousand dollars ($30,000) shall be divided into two (2)
 31    equal parts and distributed to the:
 32        (a)  Training subaccount of the search and rescue fund created in  section
 33        67-2913, Idaho Code; and
 34        (b)  State  snowmobile  fund created in section 67-7106, Idaho Code, to be
 35        used exclusively by the director of the Idaho department of parks and rec-
 36        reation for snowmobile trail groomer replacement.
 37        (3)  The state treasurer shall invest all moneys in the  state  snowmobile
 38    search  and  rescue  fund and the interest and proceeds earned on such invest-
 39    ments shall be returned to the state snowmobile search and rescue fund.
 40        (4)  In the event that all moneys in the state snowmobile search and  res-
 41    cue  fund  are exhausted or no longer available, nothing in this chapter shall
 42    be construed to absolve any entity which would  otherwise  provide  applicable
 43    services,  from  conducting  search and rescue operations to assist or recover
                                                                        
                                           2
                                                                        
  1    individuals riding snowmobiles. Nothing in this chapter shall be construed  to
  2    limit recovery of moneys solely to the state snowmobile search and rescue fund
  3    for  search  and  rescue operations assisting or recovering individuals riding
  4    snowmobiles.
  5        (5)  A three (3) member advisory committee shall review the operation  and
  6    disbursement of moneys from the fund at the end of each fiscal year, and shall
  7    report  to  the  fund administrator any proposed guidelines or policies deemed
  8    appropriate to improve operation of the fund. The committee shall be comprised
  9    of one (1) representative from the Idaho state snowmobile association, one (1)
 10    representative from the Idaho sheriffs' association, and one  (1)  representa-
 11    tive  appointed  by  the  director of the Idaho department of parks and recre-
 12    ation. The respective organizations shall be responsible for reimbursing their
 13    member representative for any expenses incurred for service on the committee.
                                                                        
 14        SECTION 2.  That Section 67-7103, Idaho Code, be, and the same  is  hereby
 15    amended to read as follows:
                                                                        
 16        67-7103.  APPLICATION FOR NUMBER -- ATTACHMENT OF NUMBER -- CERTIFICATE --
 17    APPLICATION FOR TRANSFER OF CERTIFICATE -- TRANSFER OF CERTIFICATE FEE -- TEM-
 18    PORARY  NUMBER  -- FEES. (1) On or before November 1 of each year the owner of
 19    each snowmobile requiring numbering by the state of Idaho shall file an appli-
 20    cation for number with the department on forms approved by it. The application
 21    shall be signed by the owner and shall, except as provided in  subsection  (7)
 22    of this section, be accompanied by a fee of twenty-one dollars ($201.00). Upon
 23    receipt  of the application the department shall issue to the applicant a cer-
 24    tificate of number stating the number assigned to the snowmobile and the  name
 25    and address of the owner. The owner shall attach to the snowmobile the identi-
 26    fication  number  in a manner as may be prescribed by rules of the department.
 27    The number shall be located on the right and left side of the cowling  of  the
 28    snowmobile  and shall be completely visible and shall be maintained in legible
 29    condition. The certificate of number shall be pocket size and shall be  avail-
 30    able  at all times for inspection on the snowmobile for which issued, wherever
 31    the snowmobile is in operation.
 32        (2)  The department may issue any certificate of number  directly  or  may
 33    authorize any persons to act as vendor for the issuance. In the event a person
 34    accepts  the authorization, he may be assigned a block of numbers and certifi-
 35    cates which upon issue, in conformity with this chapter and with any rules  of
 36    the department, shall be valid as if issued directly by the department.
 37        (3)  All  records  of the department made or kept pursuant to this section
 38    shall be public records.
 39        (4)  Each snowmobile must be registered before it leaves the  premises  at
 40    the time of sale from any retail snowmobile dealer.
 41        (5)  The purchaser of a snowmobile shall, within fifteen (15) days immedi-
 42    ately  after  acquisition,  make application to the department for transfer to
 43    him of the certificate of number issued to the snowmobile,  giving  his  name,
 44    address and the number of the snowmobile and shall at the same time pay to the
 45    department a fee of three dollars ($3.00). Upon receipt of the application and
 46    fee,  the  department  shall transfer the certificate of number issued for the
 47    snowmobile to the new owner or owners. Unless the application is made and  fee
 48    paid  within fifteen (15) days, the snowmobile shall be considered to be with-
 49    out a certificate of number and it shall be unlawful for any person to operate
 50    that snowmobile until the certificate is issued.
 51        (6)  No number other than the number issued to a  snowmobile  pursuant  to
 52    this chapter shall be painted, attached, or otherwise displayed on the snowmo-
 53    bile,  except  a temporary number may be attached to identify a snowmobile for
                                                                        
                                           3
                                                                        
  1    the purpose of racing or other sporting events.
  2        (7)  Resident and nonresident owners of snowmobiles used for  rental  pur-
  3    poses  shall  purchase  certificates of number for fifty-one dollars ($501.00)
  4    and the certificates of number shall be displayed on the machine at all times.
                                                                        
  5        SECTION 3.  That Section 67-7104, Idaho Code, be, and the same  is  hereby
  6    amended to read as follows:
                                                                        
  7        67-7104.  NONRESIDENT SNOWMOBILE USER CERTIFICATE REQUIRED. The owner of a
  8    nonresident, noncommercial snowmobile shall not be required to comply with the
  9    registration  requirements  of  the  state  of Idaho, but shall be required to
 10    obtain a nonresident snowmobile user certificate. A fee of twenty-one  dollars
 11    ($201.00)  shall  be imposed for the issuance of a nonresident snowmobile user
 12    certificate. The certificate of number shall be displayed in the  same  manner
 13    as  provided  in section 67-7103, Idaho Code. Such certificates shall be valid
 14    beginning November 1 through October 31 of the following  year.  Issuance  and
 15    administration  of nonresident snowmobile user certificates shall be conducted
 16    in the same manner as provided in section 67-7103, Idaho Code,  for  numbering
 17    of snowmobiles.
 18        (1)  For  purposes  of  this section, "nonresident" shall be as defined in
 19    section 36-202, Idaho Code.
 20        (2)  In the absence of a bona fide program in the area or upon the request
 21    of the bona fide county snowmobile advisory committee of the nearest  affected
 22    county  in  Idaho,  the  requirements  for  the nonresident certificate may be
 23    waived by the parks and recreation board on specific trails where the  snowmo-
 24    bile trail grooming is solely supported by a state other than Idaho.
                                                                        
 25        SECTION  4.  That  Section 67-7106, Idaho Code, be, and the same is hereby
 26    amended to read as follows:
                                                                        
 27        67-7106.  DISTRIBUTION OF MONEYS COLLECTED -- COUNTY  SNOWMOBILE  FUND  --
 28    STATE  SNOWMOBILE ACCOUNT FUND -- STATE SNOWMOBILE SEARCH AND RESCUE FUND. (1)
 29    Each vendor shall not later than the fifteenth day of  each  month  remit  all
 30    moneys  collected  under the provisions of sections 67-7103 and 67-7104, Idaho
 31    Code, to the state treasurer for credit to the state snowmobile account  fund,
 32    established  in the dedicated fund, to be administered by the director, except
 33    that one dollar ($1.00) from each snowmobile certificate of  number  fee,  one
 34    dollar  ($1.00)  from  each  rental  certificate of number fee, and one dollar
 35    ($1.00) from each nonresident snowmobile user certificate issued by the vendor
 36    shall be credited by the state treasurer to the state  snowmobile  search  and
 37    rescue fund created in section 67-2913A, Idaho Code.
 38        (2)  Each  county with a bona fide snowmobile program shall be entitled to
 39    receive from the department eighty-five percent (85%) of the moneys  generated
 40    for  that  county  during that registration period. Application for additional
 41    funds shall be made to the department by each county prior to the second  Mon-
 42    day  of August of each year. The moneys applied for shall be used solely for a
 43    bona fide snowmobile program. Counties with a bona  fide  snowmobile  program,
 44    may  use  up  to  fifteen percent (15%) of their county snowmobile moneys upon
 45    recommendation by their county snowmobile advisory  committee  for  snowmobile
 46    law enforcement purposes.
 47        (3)  Up  to fifteen percent (15%) of the statewide snowmobile account fund
 48    generated each year may be used by the  department  to  defray  administrative
 49    costs.  Any  moneys  unused at the end of the fiscal year shall be returned to
 50    the state treasurer for deposit in the state snowmobile account fund.
 51        (4)  Vendors shall be entitled to charge  an  additional  one  dollar  and
                                                                        
                                           4
                                                                        
  1    fifty cents ($1.50) handling fee per registration for the distribution of cer-
  2    tificates of number.
  3        (5)  Counties  which  have  not established a bona fide snowmobile program
  4    shall remit the entire balance in the county  snowmobile  fund  to  the  state
  5    treasurer for credit to the state snowmobile account fund, and shall be avail-
  6    able  to  counties  with a bona fide snowmobile program. Application for these
  7    moneys shall be made prior to the second Monday of August of that registration
  8    period.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 14499

This legislation will establish a sub-account of the search and
rescue fund administered by the Idaho State Police to provide a
perpetual fund to defray costs of search and rescue operations
which are conducted by a county sheriff's office to assist or
recover lost individuals riding snowmobiles.  The current twenty
dollar ($20.00) fee to number a snowmobile will be increased to
twenty-one ($21.00) to fund the account.  Once the fund account
reaches thirty thousand dollars ($30,000) the excess of the funds
collected will be set aside in equal parts for the training sub-
account of the search and rescue fund and for the Department of
Parks and Recreation for the purpose of snowmobile trail groomer
replacement.


                           FISCAL NOTE

No fiscal impact to the general fund.



Contact
Name:  Rep. Kathy Skippen 
Phone: 332-1111


STATEMENT OF PURPOSE/FISCAL NOTE                       H 56