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H0068aa.......................................by RESOURCES AND CONSERVATION UTILITY TYPE VEHICLES - Amends existing law to provide for governance of utility type vehicles; to define "utility type vehicle"; to govern registration requirements; to provide representation on the Off-road Motor Vehicle Advisory Committee; and to govern titling requirements for utility type vehicles and bond requirements for dealers of utility type vehicles. 01/28 House intro - 1st rdg - to printing 01/31 Rpt prt - to Transp 02/25 Rpt out - to Gen Ord 03/01 Rpt out amen - to engros 03/02 Rpt engros - 1st rdg - to 2nd rdg as amen 03/03 2nd rdg - to 3rd rdg as amen 03/08 3rd rdg as amen - PASSED - 68-0-2 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Bradford, Sali Floor Sponsor - Roberts Title apvd - to Senate 03/09 Senate intro - 1st rdg - to Transp 03/18 Rpt out - rec d/p - to 2nd rdg 03/21 2nd rdg - to 3rd rdg 03/22 3rd rdg - PASSED - 33-0-1, 1 vacancy AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- Keough, (District 21 seat vacant) Floor Sponsor - Langhorst Title apvd - to House 03/23 To enrol 03/24 Rpt enrol - Sp signed 03/25 Pres signed 03/28 To Governor 03/30 Governor VETOED 03/31 Held at Desk 04/06 Filed in Office of the Chief Clerk
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 68 BY RESOURCES AND CONSERVATION COMMITTEE 1 AN ACT 2 RELATING TO GOVERNANCE OF UTILITY TYPE VEHICLES; AMENDING SECTION 67-7101, 3 IDAHO CODE, TO DEFINE "UTILITY TYPE VEHICLE"; AMENDING SECTION 67-7122, 4 IDAHO CODE, TO GOVERN REGISTRATION REQUIREMENTS; AMENDING SECTION 67-7128, 5 IDAHO CODE, TO PROVIDE REPRESENTATION ON THE OFF-ROAD MOTOR VEHICLE ADVI- 6 SORY COMMITTEE AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 7 49-105, IDAHO CODE, TO FURTHER DEFINE TERMS AND TO MAKE TECHNICAL CORREC- 8 TIONS; AMENDING SECTION 49-122, IDAHO CODE, TO DEFINE "UTILITY TYPE VEHI- 9 CLE"; AMENDING SECTION 49-501, IDAHO CODE, TO GOVERN TITLING REQUIREMENTS 10 FOR UTILITY TYPE VEHICLES; AND AMENDING SECTION 49-1608, IDAHO CODE, TO 11 PROVIDE APPLICATION TO DEALERS OF UTILITY TYPE VEHICLES AND TO MAKE TECH- 12 NICAL CORRECTIONS. 13 Be It Enacted by the Legislature of the State of Idaho: 14 SECTION 1. That Section 67-7101, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 67-7101. DEFINITIONS. In this chapter: 17 (1) "All-terrain vehicle (ATV)" means any recreation vehicle with three 18 (3) or more tires, under eight hundred fifty (850) pounds and forty-eight (48) 19 inches or less in width, having a wheelbase of sixty-one (61) inches or less, 20 traveling on low-pressure tires of ten (10) psi or less. 21 (2) "Board" means the park and recreation board created under authority 22 of section 67-4221, Idaho Code. 23 (3) "Bona fide snowmobile program" means services or facilities as 24 approved by the department that will benefit snowmobilers such as snowmobile 25 trail grooming, plowing and maintaining snowmobile parking areas and facili- 26 ties, and trail signing. 27 (4) "Dealer" means any person who engages in the retail sales of or 28 rental of snowmobiles, motorbikes, or all-terrain vehicles. 29 (5) "Department" means the Idaho department of parks and recreation. 30 (6) "Designated parking area" means an area located, constructed, main- 31 tained, and signed with the approval of the land manager or owner. 32 (7) "Director" means the director of the department of parks and recre- 33 ation. 34 (8) "Highway." (See section 40-109, Idaho Code, but excepting public 35 roadway as defined in this section). 36 (9) "Motorbike" means any self-propelled two (2) wheeled motorcycle or 37 motor-driven cycle, excluding tractor, designed for or capable of traveling 38 off developed roadways and highways and also referred to as trailbikes, enduro 39 bikes, trials bikes, motocross bikes or dual purpose motorcycles. 40 (10) "Operator" means any person who is in physical control of a 41 motorbike, all-terrain vehicle, or snowmobile. 42 (11) "Owner" means every person holding record title to a motorbike, all- 43 terrain vehicle, or snowmobile and entitled to the use or possession thereof, 2 1 other than a lienholder or other person having a security interest only. 2 (12) "Person" means an individual, partnership, association, corporation, 3 or any other body or group of persons, whether incorporated or not, and 4 regardless of the degree of formal organization. 5 (13) "Public roadway" means all portions of any highway which are con- 6 trolled by an authority other than the Idaho transportation department. 7 (14) "Snowmobile" means any self-propelled vehicle under one thousand 8 (1,000) pounds unladened gross weight, designed primarily for travel on snow 9 or ice or over natural terrain, which may be steered by tracks, skis, or run- 10 ners, and which is not otherwise registered or licensed under the laws of the 11 state of Idaho. 12 (15) "Utility type vehicle (UTV)" means any motor vehicle other than an 13 ATV, motorbike or snowmobile as defined in this section, designed for and 14 capable of travel over unimproved terrain or unpaved roads. Utility type vehi- 15 cle does not include golf carts, vehicles specially designed to carry a dis- 16 abled person, implements of husbandry as defined in section 49-110(2), Idaho 17 Code, or those vehicles used exclusively on private land for agricultural use 18 or used exclusively for snow removal purposes. 19 (16) "Vendor" means any entity authorized by the department to sell recre- 20 ational registrations. 21 (167) "Winter recreational parking locations" means designated parking 22 areas established and maintained with funds acquired from the cross-country 23 skiing account. 24 SECTION 2. That Section 67-7122, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 67-7122. REQUIREMENTS -- REGISTRATION -- PROCEDURE. (1) On or before Jan- 27 uary 1 of each year, the owner of any all-terrain vehicle,ormotorbike or 28 utility type vehicle as defined in section 67-7101, Idaho Code, used off pub- 29 lic highways or on highways designated as prescribed in section 49-426(3), 30 Idaho Code, but excluding those vehicles used exclusively on private land for 31 agricultural use or used exclusively for snow removal purposes, shall register 32 that vehicle at any vendor authorized by the department. A fee of ten dollars 33 ($10.00) shall be charged for each registration, which fee includes a one dol- 34 lar and fifty cent ($1.50) vendor fee. At the time of sale from any dealer, 35 each motorbike,orall-terrain vehicle or utility type vehicle sold to an 36 Idaho resident, but excluding those vehicles to be used exclusively on private 37 land for agricultural use or used exclusively for snow removal purposes, must 38 be registered before it leaves the premises. Application blanks and stickers 39 shall be supplied by the department and the registration sticker shall be 40 issued to the person making application for registration. The vendor issuing 41 the registration sticker shall, upon receipt of the application in approved 42 form, issue to the applicant a motorbike/, ATV or UTV sticker and shall note 43 the number of the sticker in his records and shall supply a duplicate copy of 44 the application form, noting the number of the sticker issued, to the depart- 45 ment. All stickers which are issued shall be in force through December 31 of 46 the issued year. All registration stickers shall be renewed by the owner of 47 the all-terrain vehicle,ormotorbike or utility type vehicle in the same man- 48 ner provided for in the initial securing of the same. The issued sticker shall 49 be placed upon the all-terrain vehicle,ormotorbike or utility type vehicle 50 in such a manner that it is completely visible and shall be kept in a legible 51 condition at all times. 52 (2) For operation of an all-terrain vehicle or motorbike on the public 53 highways, the vehicle shall also be registered pursuant to the provisions of 3 1 section 49-402, Idaho Code, except for those highways defined in section 2 49-426, Idaho Code. 3 SECTION 3. That Section 67-7128, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 67-7128. OFF-ROAD MOTOR VEHICLE ADVISORY COMMITTEE -- CREATION -- SELEC- 6 TION -- TERM OF OFFICE -- DUTY. (1) The park and recreation board shall 7 appoint an off-road motor vehicle advisory committee (ORMV) of nine (9) mem- 8 bers. The membership of the advisory committee shall consist of three (3) 9 members each from northern Idaho, southwestern Idaho, and southeastern Idaho. 10 Two (2) members from each area shall represent the following groups: 11 motorbikes,orATV or UTV riders and snowmobilers. One (1) member interested 12 in ORMV projects shall be appointed from each area without regard to the rec- 13 reational activity in which that member participates and shall represent 14 interests other than motorbike,orATV or UTV riders and snowmobilers. Each 15 member of the advisory committee shall be chosen by the park and recreation 16 board to serve a term of four (4) years, except that the term of the initial 17 appointees shall commence on the date of appointment and shall be of staggered 18 lengths. Each member of the advisory committee shall be a qualified elector 19 of the state. Duties shall include: 20 (a) Representing the best interests of the ORMV users and activities 21 which they represent in the district from which they are appointed; 22 (b) Advising the department as to whether proposed ORMV projects meet the 23 needs of ORMV users in that area; 24 (c) Advising the department as to how funds can be used to rehabilitate 25 areas on public or private lands and how the department can assist in the 26 enforcement of laws and regulations governing the use of off-road vehicles 27 in the state of Idaho; 28 (d) The three (3) motorbike,orall-terrain vehicle or utility type vehi- 29 cle representatives from the ORMV advisory committee shall advise the 30 department on matters relating to the use of moneys in the motorbike rec- 31 reation account as provided for in section 67-7127, Idaho Code. 32 (2) The department may reimburse members of the ORMV advisory committee 33 for reasonable expenses incurred in the conduct of their official duties pre- 34 scribed in section 59-509(b), Idaho Code, and authorized by the department. 35 SECTION 4. That Section 49-105, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 49-105. DEFINITIONS -- D. 38 (1) "Dealer" means every person in the business of buying, selling or 39 exchanging five (5) or more new or used vehicles, new or used motorcycles, 40 snow machines or motor scooters, travel trailers, all-terrain vehicles, util- 41 ity type vehicles or motor homes in any calendar year, either outright or on 42 conditional sale, bailment, lease, chattel mortgage, or otherwise, or who has 43 an established place of business for the sale, lease, trade, or display of 44 these vehicles. No insurance company, bank, finance company, public utilities 45 company, or other person coming into possession of any vehicle, as an incident 46 to its regular business, who shall sell that vehicle under any contractual 47 rights it may have, shall be considered a dealer. See also "salvage pool"," 48 section 49-120, Idaho Code. 49 (2) "Dealer's selling agreement." (See "Franchise"," section 49-107, 50 Idaho Code) 51 (3) "Department" means the Idaho transportation department acting 4 1 directly or through its duly authorized officers and agents, except in chap- 2 ters 6 and 9, title 49, Idaho Code, where the term means the Idaho state 3 police, except as otherwise specifically provided. 4 (4) "Designated family member" means the spouse, child, grandchild, par- 5 ent, brother or sister of the owner of a vehicle dealership who, in the event 6 of the owner's death, is entitled to inherit the ownership interest in the 7 dealership under the same terms of the owner's will, or who has been nominated 8 in any other written instrument, or who, in the case of an incapacitated owner 9 of a dealership, has been appointed by a court as the legal representative of 10 the dealer's property. 11 (5) "Director" means the director of the Idaho transportation department, 12 except in chapters 6, 9 and 22, title 49, Idaho Code, where the term means the 13 director of the Idaho state police. 14 (6) "Disclose" means to engage in any practice or conduct to make avail- 15 able and make known personal information contained in records of the depart- 16 ment about a person to any other person, organization or entity, by any means 17 of communication. 18 (7) "Disqualification" as defined in 49 CFR part 383, means withdrawal by 19 the department of commercial vehicle driving privileges. 20 (8) "Distributor" means any person, firm, association, corporation or 21 trust, resident or nonresident, who has a franchise from a manufacturer of 22 vehicles to distribute vehicles in this state, and who in whole or in part 23 sells or distributes new vehicles to dealers or who maintains distributor rep- 24 resentatives. 25 (9) "Distributor branch" means a branch office similarly maintained by a 26 distributor for the same purposes a factory branch is maintained. 27 (10) "Distributor representative" means any person, firm, association, 28 corporation or trust, and each officer and employee thereof engaged as a rep- 29 resentative of a distributor or distributor branch of vehicles for the purpose 30 of making or promoting the sale of vehicles, or for supervising or contacting 31 dealers or prospective dealers. 32 (11) "District" means: 33 (a) Business district. The territory contiguous to and including a high- 34 way when within any six hundred (600) feet along the highway there are 35 buildings in use for business or industrial purposes, including hotels, 36 banks or office buildings, railroad stations and public buildings which 37 occupy at least three hundred (300) feet of frontage on one side or three 38 hundred (300) feet collectively on both sides of the highway. 39 (b) Residential district. The territory contiguous to and including a 40 highway not comprising a business district when the property on the high- 41 way for a distance of three hundred (300) feet or more is in the main 42 improved with residences, or residences and buildings in use for business. 43 (c) Urban district. The territory contiguous to and including any highway 44 which is built up with structures devoted to business, industry or dwell- 45 ing houses. For purposes of establishing speed limits in accordance with 46 the provisions of section 49-654, Idaho Code, no state highway or any por- 47 tion thereof lying within the boundaries of an urban district is subject 48 to the limitations which otherwise apply to nonstate highways within an 49 urban district. Provided, this subsection shall not limit the authority of 50 the duly elected officials of an incorporated city acting as a local 51 authority to decrease speed limits on state highways passing through any 52 district within the incorporated city. 53 (12) "Documented vessel" means a vessel having a valid marine document as 54 a vessel of the United States. 55 (13) "Drag race" means the operation of two (2) or more vehicles from a 5 1 point side by side at accelerating speeds in a competitive attempt to outdis- 2 tance each other, or the operation of one (1) or more vehicles over a common 3 selected course, from the same point to the same point, for the purpose of 4 comparing the relative speeds or power of acceleration of the vehicles within 5 a certain distance or time limit. 6 (14) "Driver" means every person who drives or is in actual physical con- 7 trol of a vehicle. 8 (15) "Driver's license" means a license or permit issued by the department 9 or by any other jurisdiction to an individual which authorizes the individual 10 to operate a motor vehicle or commercial motor vehicle on the highways in 11 accordance with the requirements of title 49, Idaho Code. 12 (16) "Driver's license --cClasses of" are issued for the operation of a 13 vehicle based on the size of the vehicle or the type of load and mean: 14 (a) Class A. This license shall be issued and valid for the operation of 15 any combination of motor vehicles with a manufacturer's gross combination 16 weight rating (GCWR) in excess of twenty-six thousand (26,000) pounds, 17 provided the manufacturer's gross vehicle weight rating (GVWR) of the 18 vehicle(s) being towed is in excess of ten thousand (10,000) pounds. Per- 19 sons holding a valid class A license may also operate vehicles requiring a 20 class B, C,or D license. 21 (b) Class B. This license shall be issued and valid for the operation of 22 any single vehicle with a manufacturer's gross vehicle weight rating 23 (GVWR) in excess of twenty-six thousand (26,000) pounds, or any such vehi- 24 cle towing a vehicle not in excess of ten thousand (10,000) pounds 25 manufacturer's gross vehicle weight rating (GVWR). Persons holding a valid 26 class B license may also operate vehicles requiring a class C license or a 27 class D license. 28 (c) Class C. This license shall be issued and valid for the operation of 29 any single vehicle or combination of vehicles that does not meet the defi- 30 nition of class A or class B, as defined in this section, but that either 31 is designed to transport sixteen (16) or more people including the driver, 32 or is of any size which does not meet the definition of class A or class B 33 and is used in the transportation of materials found to be hazardous 34 according to the hazardous material transportation act and which requires 35 the motor vehicle to be placarded under the federal hazardous materials 36 regulations 49 CFR part 172, subpart F. Persons holding a valid class C 37 license may also operate vehicles requiring a class D license. 38 (d) Class D. This license shall be issued and valid for the operation of 39 a motor vehicle that is not a commercial vehicle as defined in section 40 49-123, Idaho Code. 41 (e) "Seasonal driver's license" means a special restricted class B or C 42 driver's license to operate certain commercial vehicles in farm-related 43 industries under restrictions imposed by the department. As used in this 44 definition, "farm-related industry" shall mean custom harvesters, farm 45 retail outlets and suppliers, agri-chemical businesses and livestock 46 feeders. Seasonal driver's licenses are not valid for driving vehicles 47 carrying any quantities of hazardous material requiring placarding, except 48 for diesel fuel in quantities of one thousand (1,000) gallons or less, 49 liquid fertilizers, i.e., plant nutrients, in vehicles or implements of 50 husbandry with total capacities of three thousand (3,000) gallons or less, 51 and solid fertilizers, i.e., solid plant nutrients, that are not mixed 52 with any organic substance. 53 (17) "Driver record" means any record that pertains to an individual's 54 driver's license, driving permit, driving privileges, driving history, identi- 55 fication documents or other similar credentials issued by the department. 6 1 (18) "Driver's license endorsements" means special authorizations that are 2 required to be displayed on a driver's license which permit the driver to 3 operate certain types of commercial vehicles or commercial vehicles hauling 4 certain types of cargo, or to operate a motorcycle. 5 (a) "Endorsement T -- Double/tTriple trailer" means this endorsement is 6 required on a class A, B or C license to permit the licensee to operate a 7 vehicle authorized to tow more than one (1) trailer. 8 (b) "Endorsement H -- Hazardous material" means this endorsement is 9 required on a class A, B or C license if the driver is operating a vehicle 10 used in the transportation of materials found to be hazardous according to 11 the hazardous material transportation act and which requires the motor 12 vehicle to be placarded under the federal hazardous materials regulations 13 49 CFR part 172, subpart F. 14 (c) "Endorsement P -- Passenger" means this endorsement is required on a 15 class A, B or C license to permit the licensee to operate a vehicle 16 designed to transport sixteen (16) or more people including the driver. 17 (d) "Endorsement N -- Tank vehicle" means this endorsement is required on 18 a class A, B or C license to permit the licensee to operate a vehicle 19 which is designed to transport any liquid or gaseous materials within a 20 tank that is either permanently or temporarily attached to the vehicle. 21 Such vehicles include, but are not limited to, cargo tanks and portable 22 tanks, as defined in federal regulations 49 CFR part 171. This definition 23 does not include portable tanks having a rated capacity under one thousand 24 (1,000) gallons. 25 (e) "Endorsement M -- Motorcycle" means this endorsement is required on a 26 driver's license to permit the driver to operate a motorcycle. 27 (19) "Driveway" means a private road giving access from a public way to a 28 building on abutting grounds. 29 (20) "Dromedary tractor" means every motor vehicle designed and used pri- 30 marily for drawing a semitrailer and so constructed as to carry manifested 31 cargo in addition to a part of the weight of the semitrailer. 32 SECTION 5. That Section 49-122, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 49-122. DEFINITIONS -- U. 35 (1) "Unauthorized vehicle" means any vehicle parked or otherwise left on 36 private property without the consent of the person owning or controlling that 37 property. 38 (2) "United States" means the fifty (50) states and the District of 39 Columbia. 40 (3) "Unladen weight." (See "Light weight," section 49-113, Idaho Code) 41 (4) "Unregistered vehicle" means a vehicle without current registration 42 on file with the department or with the appropriate agency of another state, 43 unless exempt from registration. 44 (5) "Unusual noise." (See "Excessive," section 49-106, Idaho Code) 45 (6) "Urban district." (See "District," section 49-105, Idaho Code) 46 (7) "Utility trailer" means a trailer or semitrailer designed primarily 47 to be drawn behind a passenger car or pickup truck for domestic and utility 48 purposes. Utility or domestic use shall include a farm trailer while being 49 used to haul agricultural products or livestock from farm to storage, market 50 or processing plant, or returning therefrom. 51 (8) "Utility type vehicle (UTV)" means any motor vehicle other than an 52 ATV, motorbike or snowmobile as defined in section 67-7101, Idaho Code, 53 designed for and capable of travel over unimproved terrain or unpaved roads. 7 1 Utility type vehicle does not include golf carts, vehicles specially designed 2 to carry a disabled person, implements of husbandry as defined in section 3 49-110(2), Idaho Code, or those vehicles used exclusively on private land for 4 agricultural use or used exclusively for snow removal purposes. 5 SECTION 6. That Section 49-501, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 49-501. TITLING REQUIREMENTS -- EXEMPTIONS. (1) The provisions of this 8 chapter shall apply to every vehicle required to be registered with the 9 department in chapter 4, title 49, Idaho Code. 10 (2) In addition, the titling requirements of this chapter shall apply to 11 the following vehicles which are not required to be registered under the pro- 12 visions of chapter 4, title 49, Idaho Code: 13 (a) All-terrain vehicles, motorbikes,andsnowmobiles and utility type 14 vehicles as defined in section 67-7101, Idaho Code; and 15 (b) Manufactured homes as defined in section 39-4105, Idaho Code. 16 (3) Certain vehicles which are required to be registered under the provi- 17 sions of chapter 4, title 49, Idaho Code, shall be exempt from the titling 18 requirements of this chapter as follows: 19 (a) Utility trailers whose unladen weight is less than two thousand 20 (2,000) pounds; and 21 (b) The board may, by rule, exempt vehicles and motor vehicles registered 22 under provisions of sections 49-434 and 49-435, Idaho Code, from the 23 titling requirements of this chapter. 24 (4) Vehicles exempt from registration under the provisions of section 25 49-426, Idaho Code, are exempt from the titling requirements of this chapter, 26 unless otherwise specifically required by the provisions of subsection (2) of 27 this section. 28 SECTION 7. That Section 49-1608, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 49-1608. LICENSE BOND. (1) Before any dealer's license shall be issued by 31 the department to any applicant, the applicant shall procure and file with the 32 department good and sufficient bond in the amount shown, conditioned that the 33 applicant shall not practice any fraud, make any fraudulent representation or 34 violate any of the provisions of this chapter, rulesand regulationsof the 35 department, or provisions of chapter 5, title 49, section 49-1418, or chapter 36 6, title 48, Idaho Code, or federal motor vehicle safety standards, or odome- 37 ter fraud in the conduct of the business for which he is licensed. 38 (a) All dealers, including wholesale, but excluding a dealer exclusively 39 in the business of motorcycles and motor scooters, all-terrain vehicles, 40 utility type vehicles and snow machine sales, twenty thousand dollars 41 ($20,000). 42 (b) A dealer exclusively in the business of motorcycle and motor scooter 43 sales, all-terrain vehicles, utility type vehicles and snow machine sales, 44 ten thousand dollars ($10,000). 45 (2) The bond required in this section may be continuous in form and the 46 total aggregate liability on the bond shall be limited to the payment of the 47 amounts set forth in this section. The bond shall be in the following form: 48 (a) A corporate surety bond, by a surety licensed to do business in this 49 state; or 50 (b) A certificate of deposit, in a form prescribed by the director; or 51 (c) A cash deposit with the director. 8 1 (3) If a bond iscancelledcanceled or otherwise becomes invalid, upon 2 receiving notice of the cancellation or invalidity, the department shall imme- 3 diately suspend the dealer's license and take possession of the license 4 itself, all vehicle plates used in the business and all unused title applica- 5 tions of the licensee. The licensee is entitled to a hearing which shall be 6 held within twenty (20) days of the suspension. Upon receiving notice that a 7 valid bond is in force, the department shall immediately reinstate the 8 license. 9 (4) The bond requirements of this section shall be satisfied if the 10 applicant is a duly licensed manufactured home dealer in accordance with chap- 11 ter 21, title 44, Idaho Code, and the bond required by section 44-2103, Idaho 12 Code, otherwise meets the requirements of this section. The amount of the bond 13 shall be in the amount as required in this section or that required in section 14 44-2103, Idaho Code, whichever is greater. The applicant shall furnish a cer- 15 tified copy of the bond as required in section 44-2103, Idaho Code, to the 16 department.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005Moved by Mitchell Seconded by Roberts IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 68 1 AMENDMENTS TO SECTION 1 2 On page 2 of the printed bill, in line 12, following "any" insert: "rec- 3 reational"; in line 14, delete "unimproved terrain or" and insert: 4 "designated"; and also in line 14, following "roads" insert: ", traveling on 5 four (4) or more low-pressure tires of ten (10) psi or less, maximum width 6 less than sixty (60) inches, maximum weight less than one thousand eight hun- 7 dred fifty (1,850) pounds, or having a wheelbase of ninety (90) inches or 8 less"; in line 16, following "person," insert: "or"; and in line 17, following 9 "Code" delete the remainder of the line and delete all of line 18, and insert: 10 ".". 11 AMENDMENTS TO SECTION 5 12 On page 6, in line 51, following "any" insert: "recreational"; in line 53, 13 delete "unimproved terrain or" and insert: "designated"; and also in line 53 14 following "roads" insert: ", traveling on four (4) or more low-pressure tires 15 of ten (10) psi or less, maximum width less than sixty (60) inches, maximum 16 weight less than one thousand eight hundred fifty (1,850) pounds, or having a 17 wheelbase of ninety (90) inches or less"; on page 7, in line 2, following 18 "person," insert: "or"; and in line 3, following "Code" delete the remainder 19 of the line and delete all of line 4, and insert: ".".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 68, As Amended BY RESOURCES AND CONSERVATION COMMITTEE 1 AN ACT 2 RELATING TO GOVERNANCE OF UTILITY TYPE VEHICLES; AMENDING SECTION 67-7101, 3 IDAHO CODE, TO DEFINE "UTILITY TYPE VEHICLE"; AMENDING SECTION 67-7122, 4 IDAHO CODE, TO GOVERN REGISTRATION REQUIREMENTS; AMENDING SECTION 67-7128, 5 IDAHO CODE, TO PROVIDE REPRESENTATION ON THE OFF-ROAD MOTOR VEHICLE ADVI- 6 SORY COMMITTEE AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 7 49-105, IDAHO CODE, TO FURTHER DEFINE TERMS AND TO MAKE TECHNICAL CORREC- 8 TIONS; AMENDING SECTION 49-122, IDAHO CODE, TO DEFINE "UTILITY TYPE VEHI- 9 CLE"; AMENDING SECTION 49-501, IDAHO CODE, TO GOVERN TITLING REQUIREMENTS 10 FOR UTILITY TYPE VEHICLES; AND AMENDING SECTION 49-1608, IDAHO CODE, TO 11 PROVIDE APPLICATION TO DEALERS OF UTILITY TYPE VEHICLES AND TO MAKE TECH- 12 NICAL CORRECTIONS. 13 Be It Enacted by the Legislature of the State of Idaho: 14 SECTION 1. That Section 67-7101, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 67-7101. DEFINITIONS. In this chapter: 17 (1) "All-terrain vehicle (ATV)" means any recreation vehicle with three 18 (3) or more tires, under eight hundred fifty (850) pounds and forty-eight (48) 19 inches or less in width, having a wheelbase of sixty-one (61) inches or less, 20 traveling on low-pressure tires of ten (10) psi or less. 21 (2) "Board" means the park and recreation board created under authority 22 of section 67-4221, Idaho Code. 23 (3) "Bona fide snowmobile program" means services or facilities as 24 approved by the department that will benefit snowmobilers such as snowmobile 25 trail grooming, plowing and maintaining snowmobile parking areas and facili- 26 ties, and trail signing. 27 (4) "Dealer" means any person who engages in the retail sales of or 28 rental of snowmobiles, motorbikes, or all-terrain vehicles. 29 (5) "Department" means the Idaho department of parks and recreation. 30 (6) "Designated parking area" means an area located, constructed, main- 31 tained, and signed with the approval of the land manager or owner. 32 (7) "Director" means the director of the department of parks and recre- 33 ation. 34 (8) "Highway." (See section 40-109, Idaho Code, but excepting public 35 roadway as defined in this section). 36 (9) "Motorbike" means any self-propelled two (2) wheeled motorcycle or 37 motor-driven cycle, excluding tractor, designed for or capable of traveling 38 off developed roadways and highways and also referred to as trailbikes, enduro 39 bikes, trials bikes, motocross bikes or dual purpose motorcycles. 40 (10) "Operator" means any person who is in physical control of a 41 motorbike, all-terrain vehicle, or snowmobile. 42 (11) "Owner" means every person holding record title to a motorbike, all- 43 terrain vehicle, or snowmobile and entitled to the use or possession thereof, 2 1 other than a lienholder or other person having a security interest only. 2 (12) "Person" means an individual, partnership, association, corporation, 3 or any other body or group of persons, whether incorporated or not, and 4 regardless of the degree of formal organization. 5 (13) "Public roadway" means all portions of any highway which are con- 6 trolled by an authority other than the Idaho transportation department. 7 (14) "Snowmobile" means any self-propelled vehicle under one thousand 8 (1,000) pounds unladened gross weight, designed primarily for travel on snow 9 or ice or over natural terrain, which may be steered by tracks, skis, or run- 10 ners, and which is not otherwise registered or licensed under the laws of the 11 state of Idaho. 12 (15) "Utility type vehicle (UTV)" means any recreational motor vehicle 13 other than an ATV, motorbike or snowmobile as defined in this section, 14 designed for and capable of travel over designated unpaved roads, traveling on 15 four (4) or more low-pressure tires of ten (10) psi or less, maximum width 16 less than sixty (60) inches, maximum weight less than one thousand eight hun- 17 dred fifty (1,850) pounds, or having a wheelbase of ninety (90) inches or 18 less. Utility type vehicle does not include golf carts, vehicles specially 19 designed to carry a disabled person, or implements of husbandry as defined in 20 section 49-110(2), Idaho Code. 21 (16) "Vendor" means any entity authorized by the department to sell recre- 22 ational registrations. 23 (167) "Winter recreational parking locations" means designated parking 24 areas established and maintained with funds acquired from the cross-country 25 skiing account. 26 SECTION 2. That Section 67-7122, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 67-7122. REQUIREMENTS -- REGISTRATION -- PROCEDURE. (1) On or before Jan- 29 uary 1 of each year, the owner of any all-terrain vehicle,ormotorbike or 30 utility type vehicle as defined in section 67-7101, Idaho Code, used off pub- 31 lic highways or on highways designated as prescribed in section 49-426(3), 32 Idaho Code, but excluding those vehicles used exclusively on private land for 33 agricultural use or used exclusively for snow removal purposes, shall register 34 that vehicle at any vendor authorized by the department. A fee of ten dollars 35 ($10.00) shall be charged for each registration, which fee includes a one dol- 36 lar and fifty cent ($1.50) vendor fee. At the time of sale from any dealer, 37 each motorbike,orall-terrain vehicle or utility type vehicle sold to an 38 Idaho resident, but excluding those vehicles to be used exclusively on private 39 land for agricultural use or used exclusively for snow removal purposes, must 40 be registered before it leaves the premises. Application blanks and stickers 41 shall be supplied by the department and the registration sticker shall be 42 issued to the person making application for registration. The vendor issuing 43 the registration sticker shall, upon receipt of the application in approved 44 form, issue to the applicant a motorbike/, ATV or UTV sticker and shall note 45 the number of the sticker in his records and shall supply a duplicate copy of 46 the application form, noting the number of the sticker issued, to the depart- 47 ment. All stickers which are issued shall be in force through December 31 of 48 the issued year. All registration stickers shall be renewed by the owner of 49 the all-terrain vehicle,ormotorbike or utility type vehicle in the same man- 50 ner provided for in the initial securing of the same. The issued sticker shall 51 be placed upon the all-terrain vehicle,ormotorbike or utility type vehicle 52 in such a manner that it is completely visible and shall be kept in a legible 53 condition at all times. 3 1 (2) For operation of an all-terrain vehicle or motorbike on the public 2 highways, the vehicle shall also be registered pursuant to the provisions of 3 section 49-402, Idaho Code, except for those highways defined in section 4 49-426, Idaho Code. 5 SECTION 3. That Section 67-7128, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 67-7128. OFF-ROAD MOTOR VEHICLE ADVISORY COMMITTEE -- CREATION -- SELEC- 8 TION -- TERM OF OFFICE -- DUTY. (1) The park and recreation board shall 9 appoint an off-road motor vehicle advisory committee (ORMV) of nine (9) mem- 10 bers. The membership of the advisory committee shall consist of three (3) 11 members each from northern Idaho, southwestern Idaho, and southeastern Idaho. 12 Two (2) members from each area shall represent the following groups: 13 motorbikes,orATV or UTV riders and snowmobilers. One (1) member interested 14 in ORMV projects shall be appointed from each area without regard to the rec- 15 reational activity in which that member participates and shall represent 16 interests other than motorbike,orATV or UTV riders and snowmobilers. Each 17 member of the advisory committee shall be chosen by the park and recreation 18 board to serve a term of four (4) years, except that the term of the initial 19 appointees shall commence on the date of appointment and shall be of staggered 20 lengths. Each member of the advisory committee shall be a qualified elector 21 of the state. Duties shall include: 22 (a) Representing the best interests of the ORMV users and activities 23 which they represent in the district from which they are appointed; 24 (b) Advising the department as to whether proposed ORMV projects meet the 25 needs of ORMV users in that area; 26 (c) Advising the department as to how funds can be used to rehabilitate 27 areas on public or private lands and how the department can assist in the 28 enforcement of laws and regulations governing the use of off-road vehicles 29 in the state of Idaho; 30 (d) The three (3) motorbike,orall-terrain vehicle or utility type vehi- 31 cle representatives from the ORMV advisory committee shall advise the 32 department on matters relating to the use of moneys in the motorbike rec- 33 reation account as provided for in section 67-7127, Idaho Code. 34 (2) The department may reimburse members of the ORMV advisory committee 35 for reasonable expenses incurred in the conduct of their official duties pre- 36 scribed in section 59-509(b), Idaho Code, and authorized by the department. 37 SECTION 4. That Section 49-105, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 49-105. DEFINITIONS -- D. 40 (1) "Dealer" means every person in the business of buying, selling or 41 exchanging five (5) or more new or used vehicles, new or used motorcycles, 42 snow machines or motor scooters, travel trailers, all-terrain vehicles, util- 43 ity type vehicles or motor homes in any calendar year, either outright or on 44 conditional sale, bailment, lease, chattel mortgage, or otherwise, or who has 45 an established place of business for the sale, lease, trade, or display of 46 these vehicles. No insurance company, bank, finance company, public utilities 47 company, or other person coming into possession of any vehicle, as an incident 48 to its regular business, who shall sell that vehicle under any contractual 49 rights it may have, shall be considered a dealer. See also "salvage pool"," 50 section 49-120, Idaho Code. 51 (2) "Dealer's selling agreement." (See "Franchise"," section 49-107, 4 1 Idaho Code) 2 (3) "Department" means the Idaho transportation department acting 3 directly or through its duly authorized officers and agents, except in chap- 4 ters 6 and 9, title 49, Idaho Code, where the term means the Idaho state 5 police, except as otherwise specifically provided. 6 (4) "Designated family member" means the spouse, child, grandchild, par- 7 ent, brother or sister of the owner of a vehicle dealership who, in the event 8 of the owner's death, is entitled to inherit the ownership interest in the 9 dealership under the same terms of the owner's will, or who has been nominated 10 in any other written instrument, or who, in the case of an incapacitated owner 11 of a dealership, has been appointed by a court as the legal representative of 12 the dealer's property. 13 (5) "Director" means the director of the Idaho transportation department, 14 except in chapters 6, 9 and 22, title 49, Idaho Code, where the term means the 15 director of the Idaho state police. 16 (6) "Disclose" means to engage in any practice or conduct to make avail- 17 able and make known personal information contained in records of the depart- 18 ment about a person to any other person, organization or entity, by any means 19 of communication. 20 (7) "Disqualification" as defined in 49 CFR part 383, means withdrawal by 21 the department of commercial vehicle driving privileges. 22 (8) "Distributor" means any person, firm, association, corporation or 23 trust, resident or nonresident, who has a franchise from a manufacturer of 24 vehicles to distribute vehicles in this state, and who in whole or in part 25 sells or distributes new vehicles to dealers or who maintains distributor rep- 26 resentatives. 27 (9) "Distributor branch" means a branch office similarly maintained by a 28 distributor for the same purposes a factory branch is maintained. 29 (10) "Distributor representative" means any person, firm, association, 30 corporation or trust, and each officer and employee thereof engaged as a rep- 31 resentative of a distributor or distributor branch of vehicles for the purpose 32 of making or promoting the sale of vehicles, or for supervising or contacting 33 dealers or prospective dealers. 34 (11) "District" means: 35 (a) Business district. The territory contiguous to and including a high- 36 way when within any six hundred (600) feet along the highway there are 37 buildings in use for business or industrial purposes, including hotels, 38 banks or office buildings, railroad stations and public buildings which 39 occupy at least three hundred (300) feet of frontage on one side or three 40 hundred (300) feet collectively on both sides of the highway. 41 (b) Residential district. The territory contiguous to and including a 42 highway not comprising a business district when the property on the high- 43 way for a distance of three hundred (300) feet or more is in the main 44 improved with residences, or residences and buildings in use for business. 45 (c) Urban district. The territory contiguous to and including any highway 46 which is built up with structures devoted to business, industry or dwell- 47 ing houses. For purposes of establishing speed limits in accordance with 48 the provisions of section 49-654, Idaho Code, no state highway or any por- 49 tion thereof lying within the boundaries of an urban district is subject 50 to the limitations which otherwise apply to nonstate highways within an 51 urban district. Provided, this subsection shall not limit the authority of 52 the duly elected officials of an incorporated city acting as a local 53 authority to decrease speed limits on state highways passing through any 54 district within the incorporated city. 55 (12) "Documented vessel" means a vessel having a valid marine document as 5 1 a vessel of the United States. 2 (13) "Drag race" means the operation of two (2) or more vehicles from a 3 point side by side at accelerating speeds in a competitive attempt to outdis- 4 tance each other, or the operation of one (1) or more vehicles over a common 5 selected course, from the same point to the same point, for the purpose of 6 comparing the relative speeds or power of acceleration of the vehicles within 7 a certain distance or time limit. 8 (14) "Driver" means every person who drives or is in actual physical con- 9 trol of a vehicle. 10 (15) "Driver's license" means a license or permit issued by the department 11 or by any other jurisdiction to an individual which authorizes the individual 12 to operate a motor vehicle or commercial motor vehicle on the highways in 13 accordance with the requirements of title 49, Idaho Code. 14 (16) "Driver's license --cClasses of" are issued for the operation of a 15 vehicle based on the size of the vehicle or the type of load and mean: 16 (a) Class A. This license shall be issued and valid for the operation of 17 any combination of motor vehicles with a manufacturer's gross combination 18 weight rating (GCWR) in excess of twenty-six thousand (26,000) pounds, 19 provided the manufacturer's gross vehicle weight rating (GVWR) of the 20 vehicle(s) being towed is in excess of ten thousand (10,000) pounds. Per- 21 sons holding a valid class A license may also operate vehicles requiring a 22 class B, C,or D license. 23 (b) Class B. This license shall be issued and valid for the operation of 24 any single vehicle with a manufacturer's gross vehicle weight rating 25 (GVWR) in excess of twenty-six thousand (26,000) pounds, or any such vehi- 26 cle towing a vehicle not in excess of ten thousand (10,000) pounds 27 manufacturer's gross vehicle weight rating (GVWR). Persons holding a valid 28 class B license may also operate vehicles requiring a class C license or a 29 class D license. 30 (c) Class C. This license shall be issued and valid for the operation of 31 any single vehicle or combination of vehicles that does not meet the defi- 32 nition of class A or class B, as defined in this section, but that either 33 is designed to transport sixteen (16) or more people including the driver, 34 or is of any size which does not meet the definition of class A or class B 35 and is used in the transportation of materials found to be hazardous 36 according to the hazardous material transportation act and which requires 37 the motor vehicle to be placarded under the federal hazardous materials 38 regulations 49 CFR part 172, subpart F. Persons holding a valid class C 39 license may also operate vehicles requiring a class D license. 40 (d) Class D. This license shall be issued and valid for the operation of 41 a motor vehicle that is not a commercial vehicle as defined in section 42 49-123, Idaho Code. 43 (e) "Seasonal driver's license" means a special restricted class B or C 44 driver's license to operate certain commercial vehicles in farm-related 45 industries under restrictions imposed by the department. As used in this 46 definition, "farm-related industry" shall mean custom harvesters, farm 47 retail outlets and suppliers, agri-chemical businesses and livestock 48 feeders. Seasonal driver's licenses are not valid for driving vehicles 49 carrying any quantities of hazardous material requiring placarding, except 50 for diesel fuel in quantities of one thousand (1,000) gallons or less, 51 liquid fertilizers, i.e., plant nutrients, in vehicles or implements of 52 husbandry with total capacities of three thousand (3,000) gallons or less, 53 and solid fertilizers, i.e., solid plant nutrients, that are not mixed 54 with any organic substance. 55 (17) "Driver record" means any record that pertains to an individual's 6 1 driver's license, driving permit, driving privileges, driving history, identi- 2 fication documents or other similar credentials issued by the department. 3 (18) "Driver's license endorsements" means special authorizations that are 4 required to be displayed on a driver's license which permit the driver to 5 operate certain types of commercial vehicles or commercial vehicles hauling 6 certain types of cargo, or to operate a motorcycle. 7 (a) "Endorsement T -- Double/tTriple trailer" means this endorsement is 8 required on a class A, B or C license to permit the licensee to operate a 9 vehicle authorized to tow more than one (1) trailer. 10 (b) "Endorsement H -- Hazardous material" means this endorsement is 11 required on a class A, B or C license if the driver is operating a vehicle 12 used in the transportation of materials found to be hazardous according to 13 the hazardous material transportation act and which requires the motor 14 vehicle to be placarded under the federal hazardous materials regulations 15 49 CFR part 172, subpart F. 16 (c) "Endorsement P -- Passenger" means this endorsement is required on a 17 class A, B or C license to permit the licensee to operate a vehicle 18 designed to transport sixteen (16) or more people including the driver. 19 (d) "Endorsement N -- Tank vehicle" means this endorsement is required on 20 a class A, B or C license to permit the licensee to operate a vehicle 21 which is designed to transport any liquid or gaseous materials within a 22 tank that is either permanently or temporarily attached to the vehicle. 23 Such vehicles include, but are not limited to, cargo tanks and portable 24 tanks, as defined in federal regulations 49 CFR part 171. This definition 25 does not include portable tanks having a rated capacity under one thousand 26 (1,000) gallons. 27 (e) "Endorsement M -- Motorcycle" means this endorsement is required on a 28 driver's license to permit the driver to operate a motorcycle. 29 (19) "Driveway" means a private road giving access from a public way to a 30 building on abutting grounds. 31 (20) "Dromedary tractor" means every motor vehicle designed and used pri- 32 marily for drawing a semitrailer and so constructed as to carry manifested 33 cargo in addition to a part of the weight of the semitrailer. 34 SECTION 5. That Section 49-122, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 49-122. DEFINITIONS -- U. 37 (1) "Unauthorized vehicle" means any vehicle parked or otherwise left on 38 private property without the consent of the person owning or controlling that 39 property. 40 (2) "United States" means the fifty (50) states and the District of 41 Columbia. 42 (3) "Unladen weight." (See "Light weight," section 49-113, Idaho Code) 43 (4) "Unregistered vehicle" means a vehicle without current registration 44 on file with the department or with the appropriate agency of another state, 45 unless exempt from registration. 46 (5) "Unusual noise." (See "Excessive," section 49-106, Idaho Code) 47 (6) "Urban district." (See "District," section 49-105, Idaho Code) 48 (7) "Utility trailer" means a trailer or semitrailer designed primarily 49 to be drawn behind a passenger car or pickup truck for domestic and utility 50 purposes. Utility or domestic use shall include a farm trailer while being 51 used to haul agricultural products or livestock from farm to storage, market 52 or processing plant, or returning therefrom. 53 (8) "Utility type vehicle (UTV)" means any recreational motor vehicle 7 1 other than an ATV, motorbike or snowmobile as defined in section 67-7101, 2 Idaho Code, designed for and capable of travel over designated unpaved roads, 3 traveling on four (4) or more low-pressure tires of ten (10) psi or less, max- 4 imum width less than sixty (60) inches, maximum weight less than one thousand 5 eight hundred fifty (1,850) pounds, or having a wheelbase of ninety (90) 6 inches or less. Utility type vehicle does not include golf carts, vehicles 7 specially designed to carry a disabled person, or implements of husbandry as 8 defined in section 49-110(2), Idaho Code. 9 SECTION 6. That Section 49-501, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 49-501. TITLING REQUIREMENTS -- EXEMPTIONS. (1) The provisions of this 12 chapter shall apply to every vehicle required to be registered with the 13 department in chapter 4, title 49, Idaho Code. 14 (2) In addition, the titling requirements of this chapter shall apply to 15 the following vehicles which are not required to be registered under the pro- 16 visions of chapter 4, title 49, Idaho Code: 17 (a) All-terrain vehicles, motorbikes,andsnowmobiles and utility type 18 vehicles as defined in section 67-7101, Idaho Code; and 19 (b) Manufactured homes as defined in section 39-4105, Idaho Code. 20 (3) Certain vehicles which are required to be registered under the provi- 21 sions of chapter 4, title 49, Idaho Code, shall be exempt from the titling 22 requirements of this chapter as follows: 23 (a) Utility trailers whose unladen weight is less than two thousand 24 (2,000) pounds; and 25 (b) The board may, by rule, exempt vehicles and motor vehicles registered 26 under provisions of sections 49-434 and 49-435, Idaho Code, from the 27 titling requirements of this chapter. 28 (4) Vehicles exempt from registration under the provisions of section 29 49-426, Idaho Code, are exempt from the titling requirements of this chapter, 30 unless otherwise specifically required by the provisions of subsection (2) of 31 this section. 32 SECTION 7. That Section 49-1608, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 49-1608. LICENSE BOND. (1) Before any dealer's license shall be issued by 35 the department to any applicant, the applicant shall procure and file with the 36 department good and sufficient bond in the amount shown, conditioned that the 37 applicant shall not practice any fraud, make any fraudulent representation or 38 violate any of the provisions of this chapter, rulesand regulationsof the 39 department, or provisions of chapter 5, title 49, section 49-1418, or chapter 40 6, title 48, Idaho Code, or federal motor vehicle safety standards, or odome- 41 ter fraud in the conduct of the business for which he is licensed. 42 (a) All dealers, including wholesale, but excluding a dealer exclusively 43 in the business of motorcycles and motor scooters, all-terrain vehicles, 44 utility type vehicles and snow machine sales, twenty thousand dollars 45 ($20,000). 46 (b) A dealer exclusively in the business of motorcycle and motor scooter 47 sales, all-terrain vehicles, utility type vehicles and snow machine sales, 48 ten thousand dollars ($10,000). 49 (2) The bond required in this section may be continuous in form and the 50 total aggregate liability on the bond shall be limited to the payment of the 51 amounts set forth in this section. The bond shall be in the following form: 8 1 (a) A corporate surety bond, by a surety licensed to do business in this 2 state; or 3 (b) A certificate of deposit, in a form prescribed by the director; or 4 (c) A cash deposit with the director. 5 (3) If a bond iscancelledcanceled or otherwise becomes invalid, upon 6 receiving notice of the cancellation or invalidity, the department shall imme- 7 diately suspend the dealer's license and take possession of the license 8 itself, all vehicle plates used in the business and all unused title applica- 9 tions of the licensee. The licensee is entitled to a hearing which shall be 10 held within twenty (20) days of the suspension. Upon receiving notice that a 11 valid bond is in force, the department shall immediately reinstate the 12 license. 13 (4) The bond requirements of this section shall be satisfied if the 14 applicant is a duly licensed manufactured home dealer in accordance with chap- 15 ter 21, title 44, Idaho Code, and the bond required by section 44-2103, Idaho 16 Code, otherwise meets the requirements of this section. The amount of the bond 17 shall be in the amount as required in this section or that required in section 18 44-2103, Idaho Code, whichever is greater. The applicant shall furnish a cer- 19 tified copy of the bond as required in section 44-2103, Idaho Code, to the 20 department.
REPRINT REPRINT REPRINT REPRINT STATEMENT OF PURPOSE RS 14510 Idaho Code currently defines all terrain vehicles (ATV's). Recreation vehicle manufacturers have started providing larger versions of ATV's, called UTV's. Because they do not meet the Idaho definition of an ATV they cannot be registered as on off-highway-vehicle in Idaho. Similarly, the Idaho Transportation Department will not license them for use on public roadways as they do not meet all legal requirements for highway operation. This has created an untenable situation for an ever-increasing number of users, vendors and dealers. By creating a new class of OHV, Idaho Department of Parks and Recreation can provide a registration and a legal recreation opportunity on certain unpaved state and federal roads for this type of vehicle. In conjunction with this change, it will be necessary to address several issues related to titling of the UTV's so as to provide protection for the owner and proper guidance for dealers and retailers that sell the vehicle. FISCAL NOTE This amendment will have no impact on the General Fund. The estimated costs of $7,000 associated with developing this new registration program will be borne by the dedicated OHV Recreation program. Contact Name: Dean Sangrey, Parks and Recreation Phone: 334-4187 STATEMENT OF PURPOSE/FISCAL NOTE H 68AA