2005 Legislation
Print Friendly

HOUSE BILL NO. 102 – ATVs, cross state highways, when


View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact

Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status

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,
      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

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 102
  1                                        AN ACT
  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
  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
  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 / Fiscal Impact

                       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.

Name:  Rep. JoAn Wood 
Phone: 332-1000

STATEMENT OF PURPOSE/FISCAL NOTE                     H 102