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H0102.........................................by TRANSPORTATION AND DEFENSE
ALL-TERRAIN VEHICLES - Amends existing law relating to all-terrain vehicles
and motorcycles to authorize the Idaho Transportation Board to designate
sections of state highways over which all-terrain vehicles and motorcycles
which are not registered under motor vehicle law may cross.
02/03 House intro - 1st rdg - to printing
02/04 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 - 67-1-2
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon,
Chadderdon, Clark, Collins, Deal, Denney, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
Henderson, Jones, Kemp, LeFavour, Loertscher, Martinez, Mathews,
McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
Skippen, Smith(30), Smith(24), Smylie(Telleria), Snodgrass,
Stevenson, Trail, Wills, Wood, Mr. Speaker
NAYS -- Jaquet
Absent and excused -- Crow, Lake
Floor Sponsor - Wood
Title apvd - to Senate
02/21 Senate intro - 1st rdg - to Transp
03/04 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/10 3rd rdg - PASSED - 29-3-2, 1 vacancy
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Gannon, Goedde, Kelly, Keough, Langhorst, Little, Lodge, Malepeai,
Marley, McGee, McKenzie, Richardson, Schroeder, Stegner, Sweet, Werk,
Williams
NAYS -- Geddes, Jorgenson, Stennett
Absent and excused -- Hill, Pearce, (District 21 seat vacant)
Floor Sponsor - Langhorst
Title apvd - to House
03/11 To enrol
03/14 Rpt enrol - Sp signed
03/15 Pres signed
03/16 To Governor
03/21 Governor signed
Session Law Chapter 70
Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 102
BY TRANSPORTATION AND DEFENSE COMMITTEE
1 AN ACT
2 RELATING TO ALL-TERRAIN VEHICLES AND MOTORCYCLES; AMENDING SECTION 49-402,
3 IDAHO CODE, TO PROVIDE CODE REFERENCES; AND AMENDING SECTION 49-426, IDAHO
4 CODE, TO AUTHORIZE THE IDAHO TRANSPORTATION BOARD TO DESIGNATE SECTIONS OF
5 STATE HIGHWAYS OVER WHICH ALL-TERRAIN VEHICLES AND MOTORCYCLES WHICH ARE
6 NOT REGISTERED UNDER MOTOR VEHICLE LAW MAY CROSS.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 49-402, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 49-402. ANNUAL REGISTRATION. (1) The annual fee for operating each pickup
11 truck and each other motor vehicle having a maximum gross weight not in excess
12 of eight thousand (8,000) pounds shall be:
13 Vehicles one (1) and two (2) years old ............................ $48.00
14 Vehicles three (3) and four (4) years old ......................... $36.00
15 Vehicles five (5) and six (6) years old ........................... $36.00
16 Vehicles seven (7) and eight (8) years old ........................ $24.00
17 Vehicles over eight (8) years old ................................. $24.00
18 There shall be twelve (12) registration periods, starting in January for
19 holders of validation registration stickers numbered 1, and proceeding consec-
20 utively through December for holders of validation registration stickers num-
21 bered 12, each of which shall start on the first day of a calendar month and
22 end on the last day of the twelfth month from the first day of the beginning
23 month. Registration periods shall expire midnight on the last day of the reg-
24 istration period in the year designated by the validation registration
25 sticker. The numeral digit on the validation registration stickers shall, as
26 does the registration card, fix the registration period under the staggered
27 plate system of Idaho for the purpose of reregistration and notice of expira-
28 tion.
29 A vehicle that has once been registered for any of the above designated
30 periods shall, upon reregistration, be registered for the period bearing the
31 same number, and the registration card shall show and be the exclusive proof
32 of the expiration date of registration and licensing. Vehicles may be ini-
33 tially registered for less than a twelve (12) month period, or for more than a
34 twelve (12) month period, and the fee prorated on a monthly basis if the frac-
35 tional registration tends to fulfill the purpose of the monthly series regis-
36 tration system.
37 (2) For all school buses operated either by a nonprofit, nonpublic school
38 or operated pursuant to a service contract with a school district for trans-
39 porting children to or from school or in connection with school approved
40 activities, the annual fee shall be twenty-four dollars ($24.00).
41 (3) For all motorcycles and all-terrain vehicles operated upon the public
42 highways the annual fee shall be nine dollars ($9.00). For operation of an
43 all-terrain vehicle or motorcycle off the public highways, the fee specified
2
1 in section 67-7122, Idaho Code, shall be paid. Registration exemptions pro-
2 vided in section 49-426(2), and (3) and (4), Idaho Code, apply to all-terrain
3 vehicles and motorcycles used for the purposes described in subsections (2),
4 and (3) and (4) of section 49-426, Idaho Code.
5 (4) For all motor homes the fee shall be as specified in subsection (1)
6 of this section and shall be in addition to the fees provided for in section
7 49-445, Idaho Code.
8 (5) Registration fees shall not be subject to refund.
9 (6) A financial institution or repossession service contracted to a
10 financial institution repossessing vehicles under the terms of a security
11 agreement shall move the vehicle from the place of repossession to the finan-
12 cial institution's place of business on a repossession plate. The repossession
13 plate shall also be used for demonstrating the vehicle to a prospective pur-
14 chaser for a period not to exceed ninety-six (96) hours. The registration fees
15 for repossession plates shall be as required in subsection (1) of this section
16 for a vehicle one (1) and two (2) years old. All other fees required under
17 chapter 4, title 49, Idaho Code, shall be in addition to the registration fee.
18 The repossession plate shall be issued on an annual basis by the department.
19 (7) In addition to the annual registration fee in this section, there
20 shall be an initial program fee of twenty-five dollars ($25.00) and an annual
21 program fee of fifteen dollars ($15.00) for all special license plate programs
22 for those license plates issued pursuant to sections 49-404A, 49-407, 49-408,
23 49-409, 49-414, 49-416, 49-418 and 49-418D, Idaho Code. For special plates
24 issued pursuant to sections 49-406 and 49-406A, Idaho Code, there shall be an
25 initial program fee of twenty-five dollars ($25.00) but there shall be no
26 annual renewal fee. For special plates issued pursuant to sections 49-416A,
27 49-417, 49-417A, 49-417B, 49-417C, 49-418A, 49-418B, 49-418C, 49-419, 49-419A,
28 49-419B, 49-419C, 49-419D, 49-420, 49-420A, 49-420B, 49-420C, 49-420D, 49-420E
29 and 49-420G, Idaho Code, there shall be an initial program fee of thirty-five
30 dollars ($35.00) and an annual program fee of twenty-five dollars ($25.00).
31 The fees contained in this subsection shall be applicable to all new special
32 plate programs. The initial program fee and the annual program fee shall be
33 deposited in the state highway account and shall be used to fund the cost of
34 administration of special license plate programs, unless otherwise specified
35 by law.
36 SECTION 2. That Section 49-426, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 49-426. EXEMPTIONS FROM OPERATING FEES. The provisions of this chapter
39 with respect to operating fees shall not apply to:
40 (1) Motor vehicles owned or leased by the United States, the state, a
41 city, a county, any department thereof, any political subdivision or municipal
42 corporation of the state, any taxing district of the state, any state regis-
43 tered nonprofit subscription fire protection unit, or any organization,
44 whether incorporated or unincorporated, organized for the operation, mainte-
45 nance, or management of an irrigation project or irrigation works or system or
46 for the purpose of furnishing water to its members or shareholders, but in
47 other respects shall be applicable.
48 (2) Farm tractors, implements of husbandry, those manufactured homes
49 which qualify for an exemption under the provisions of section 49-422, Idaho
50 Code, road rollers, wheel mounted tar buckets, portable concrete and/or mortar
51 mixers, wheel mounted compressors, tow dollies, portable toilet trailers,
52 street sweepers, and similar devices as determined by the department which are
53 temporarily operated or moved upon the highways need not be registered under
3
1 the provisions of this chapter, nor shall implements of husbandry be consid-
2 ered towed units under registration of vehicle combinations as defined in sec-
3 tion 49-108(2), Idaho Code. In addition, self-propelled wheelchairs, three-
4 wheeled bicycles, wheelchair conveyances, golf carts, lawn mowers, and
5 scooters operated by persons who by reason of physical disability are other-
6 wise unable to move about as pedestrians shall be exempt from registration
7 requirements under the provisions of this chapter. Motorcycles and all-terrain
8 vehicles need not be registered under the provisions of this chapter if they
9 are:
10 (a) Being used exclusively in connection with agricultural, horticul-
11 tural, dairy and livestock growing and feeding operations or used exclu-
12 sively for snow removal purposes. Travel upon the public highways shall be
13 limited to travel between farm or ranch locations. Motorcycles and all-
14 terrain vehicles used for this purpose shall meet the requirements of sec-
15 tion 49-619, Idaho Code; or
16 (b) Used exclusively on unpaved highways located on state public lands or
17 federal public lands which are not part of the highway system of the state
18 of Idaho, a county, highway district or city, provided the registration
19 requirements of section 49-402 or section 67-7122, Idaho Code, are met.
20 (3) Any political subdivision of the state of Idaho may, but only after
21 sufficient public notice is given and a public hearing held, adopt local ordi-
22 nances designating highways or sections of highways under its jurisdiction
23 upon which unregistered all-terrain vehicles and motorcycles may be operated.
24 No controlled access highways shall be designated under this subsection. The
25 requirements of title 18 and chapters 6, 8, 12, 13 and 14, title 49, Idaho
26 Code, shall apply to the operation of any unregistered motorcycle and all-
27 terrain vehicle upon such designated highways. Costs related to the posting of
28 signs on such designated highways or sections of highways indicating the ordi-
29 nance are eligible for reimbursement through the motorbike recreation account
30 created in section 67-7126, Idaho Code.
31 (4) The Idaho transportation board may designate sections of state high-
32 ways over which all-terrain vehicles and motorcycles not registered under this
33 chapter 4 may cross. The requirements of title 18, and chapters 6, 8, 12, 13
34 and 14, title 49, Idaho Code, shall apply to the operation of unregistered
35 all-terrain vehicles and motorcycles when using designated crossings on state
36 highways.
STATEMENT OF PURPOSE
RS 14789
This legislation relates to The Department of Parks and
Recreation seeking an agreement with the Idaho Transportation
Department on legal crossings of all-terrain vehicles and
motorcycles over state highways on designated trail routes.
FISCAL NOTE
None to general fund. Administrative cost to Idaho
Transportation Department, and marker sign costs and mapping to
Department of Parks and Recreation.
Contact
Name: Rep. JoAn Wood
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 102