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S1052.....................................................by TRANSPORTATION SNOWMOBILES - Amends existing law to revise the definition of "snowmobile"; to increase the registration fees for privately owned snowmobiles and snowmobiles used for rental purposes; to increase the registration fee for snowmobiles owned by nonresidents not used for commercial purposes; to delete an application process for additional snowmobile program funds; to clarify the source of funds used to defray administrative costs; and to provide for distribution of snowmobile registration revenues generated in counties without a bona fide snowmobile program. 01/26 Senate intro - 1st rdg - to printing 01/29 Rpt prt - to Transp
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN THE SENATE SENATE BILL NO. 1052 BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO SNOWMOBILE REGISTRATIONS; AMENDING SECTION 67-7101, IDAHO CODE, TO 3 REVISE THE DEFINITION OF "SNOWMOBILE"; AMENDING SECTION 67-7103, IDAHO 4 CODE, TO INCREASE THE REGISTRATION FEES FOR PRIVATELY OWNED SNOWMOBILES 5 AND SNOWMOBILES USED FOR RENTAL PURPOSES; AMENDING SECTION 67-7104, IDAHO 6 CODE, TO INCREASE THE REGISTRATION FEE FOR SNOWMOBILES OWNED BY NONRESI- 7 DENTS NOT USED FOR COMMERCIAL PURPOSES; AND AMENDING SECTION 67-7106, 8 IDAHO CODE, TO DELETE AN APPLICATION PROCESS FOR ADDITIONAL SNOWMOBILE 9 PROGRAM FUNDS, TO CLARIFY THE SOURCE OF FUNDS USED TO DEFRAY ADMINISTRA- 10 TIVE COSTS AND TO PROVIDE FOR DISTRIBUTION OF SNOWMOBILE REGISTRATION REV- 11 ENUES GENERATED IN COUNTIES WITHOUT A BONA FIDE SNOWMOBILE PROGRAM. 12 Be It Enacted by the Legislature of the State of Idaho: 13 SECTION 1. That Section 67-7101, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 67-7101. DEFINITIONS. In this chapter: 16 (1) "All-terrain vehicle (ATV)" means any recreation vehicle with three 17 (3) or more tires, under eight hundred fifty (850) pounds and forty-eight (48) 18 inches or less in width, having a wheelbase of sixty-one (61) inches or less, 19 traveling on low-pressure tires of ten (10) psi or less. 20 (2) "Board" means the park and recreation board created under authority 21 of section 67-4221, Idaho Code. 22 (3) "Bona fide snowmobile program" means services or facilities as 23 approved by the department that will benefit snowmobilers such as snowmobile 24 trail grooming, plowing and maintaining snowmobile parking areas and facili- 25 ties, and trail signing. 26 (4) "Dealer" means any person who engages in the retail sales of or 27 rental of snowmobiles, motorbikes, or all-terrain vehicles. 28 (5) "Department" means the Idaho department of parks and recreation. 29 (6) "Designated parking area" means an area located, constructed, main- 30 tained, and signed with the approval of the land manager or owner. 31 (7) "Director" means the director of the department of parks and recre- 32 ation. 33 (8) "Highway." (See section 40-109, Idaho Code, but excepting public 34 roadway as defined in this section). 35 (9) "Motorbike" means any self-propelled two (2) wheeled motorcycle or 36 motor-driven cycle, excluding tractor, designed for or capable of traveling 37 off developed roadways and highways and also referred to as trailbikes, enduro 38 bikes, trials bikes, motocross bikes or dual purpose motorcycles. 39 (10) "Operator" means any person who is in physical control of a 40 motorbike, all-terrain vehicle, or snowmobile. 41 (11) "Owner" means every person holding record title to a motorbike, all- 42 terrain vehicle, or snowmobile and entitled to the use or possession thereof, 43 other than a lienholder or other person having a security interest only. 2 1 (12) "Person" means an individual, partnership, association, corporation, 2 or any other body or group of persons, whether incorporated or not, and 3 regardless of the degree of formal organization. 4 (13) "Public roadway" means all portions of any highway which are con- 5 trolled by an authority other than the Idaho transportation department. 6 (14) "Snowmobile" means any self-propelled vehicle under one thousand 7 (1,000) pounds unladened gross weight, designed primarily for travel on snow 8 or ice or over natural terrain, which may be steered by tracks, skis, or run- 9 ners, and which is not otherwise registered or licensed under the laws of the10state of Idaho. 11 (15) "Utility type vehicle (UTV)" means any recreational motor vehicle 12 other than an ATV, motorbike or snowmobile as defined in this section, 13 designed for and capable of travel over designated unpaved roads, traveling on 14 four (4) or more low-pressure tires of twenty (20) psi or less, maximum width 15 less than seventy-four (74) inches, maximum weight less than two thousand 16 (2,000) pounds, or having a wheelbase of ninety-four (94) inches or less. 17 Utility type vehicle does not include golf carts, vehicles specially designed 18 to carry a disabled person, implements of husbandry as defined in section 19 49-110(2), Idaho Code, or vehicles otherwise registered under title 49, Idaho 20 Code. 21 (16) "Vendor" means any entity authorized by the department to sell recre- 22 ational registrations. 23 (17) "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 67-7103, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 67-7103. APPLICATION FOR NUMBER -- ATTACHMENT OF NUMBER -- CERTIFICATE -- 29 APPLICATION FOR TRANSFER OF CERTIFICATE -- TRANSFER OF CERTIFICATE FEE -- TEM- 30 PORARY NUMBER -- FEES. (1) On or before November 1 of each year the owner of 31 each snowmobile requiring numbering by the state of Idaho shall file an appli- 32 cation for number with the department on forms approved by it. The application 33 shall be signed by the owner and shall, except as provided in subsection (7) 34 of this section, be accompanied by a fee oftwentythirty-one dollars 35 ($231.00). Upon receipt of the application the department shall issue to the 36 applicant a certificate of number stating the number assigned to the snowmo- 37 bile and the name and address of the owner. The owner shall attach to the 38 snowmobile the identification number in a manner as may be prescribed by rules 39 of the department. The number shall be located on the right and left side of 40 the cowling of the snowmobile and shall be completely visible and shall be 41 maintained in legible condition. The certificate of number shall be pocket 42 size and shall be available at all times for inspection on the snowmobile for 43 which issued, wherever the snowmobile is in operation. 44 (2) The department may issue any certificate of number directly or may 45 authorize any persons to act as vendor for the issuance. In the event a person 46 accepts the authorization, he may be assigned a block of numbers and certifi- 47 cates which upon issue, in conformity with this chapter and with any rules of 48 the department, shall be valid as if issued directly by the department. 49 (3) All records of the department made or kept pursuant to this section 50 shall be public records. 51 (4) Each snowmobile must be registered before it leaves the premises at 52 the time of sale from any retail snowmobile dealer. 53 (5) The purchaser of a snowmobile shall, within fifteen (15) days immedi- 3 1 ately after acquisition, make application to the department for transfer to 2 him of the certificate of number issued to the snowmobile, giving his name, 3 address and the number of the snowmobile and shall at the same time pay to 4 the department a fee of three dollars ($3.00). Upon receipt of the application 5 and fee, the department shall transfer the certificate of number issued for 6 the snowmobile to the new owner or owners. Unless the application is made and 7 fee paid within fifteen (15) days, the snowmobile shall be considered to be 8 without a certificate of number and it shall be unlawful for any person to 9 operate that snowmobile until the certificate is issued. 10 (6) No number other than the number issued to a snowmobile pursuant to 11 this chapter shall be painted, attached, or otherwise displayed on the snowmo- 12 bile, except a temporary number may be attached to identify a snowmobile for 13 the purpose of racing or other sporting events. 14 (7) Resident and nonresident owners of snowmobiles used for rental pur- 15 poses shall purchase certificates of number forfiftysixty-one dollars 16 ($561.00) and the certificates of number shall be displayed on the machine at 17 all times. 18 SECTION 3. That Section 67-7104, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 67-7104. NONRESIDENT SNOWMOBILE USER CERTIFICATE REQUIRED. The owner of a 21 nonresident, noncommercial snowmobile shall not be required to comply with the 22 registration requirements of the state of Idaho, but shall be required to 23 obtain a nonresident snowmobile user certificate. A fee oftwentythirty-one 24 dollars ($231.00) shall be imposed for the issuance of a nonresident snowmo- 25 bile user certificate. The certificate of number shall be displayed in the 26 same manner as provided in section 67-7103, Idaho Code. Such certificates 27 shall be valid beginning November 1 through October 31 of the following year. 28 Issuance and administration of nonresident snowmobile user certificates shall 29 be conducted in the same manner as provided in section 67-7103, Idaho Code, 30 for numbering of snowmobiles. 31 (1) For purposes of this section, "nonresident" shall be as defined in 32 section 36-202, Idaho Code. 33 (2) In the absence of a bona fide program in the area or upon the request 34 of the bona fide county snowmobile advisory committee of the nearest affected 35 county in Idaho, the requirements for the nonresident certificate may be 36 waived by the parks and recreation board on specific trails where the snowmo- 37 bile trail grooming is solely supported by a state other than Idaho. 38 SECTION 4. That Section 67-7106, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 67-7106. DISTRIBUTION OF MONEYS COLLECTED -- COUNTY SNOWMOBILE FUND -- 41 STATE SNOWMOBILE FUND -- STATE SNOWMOBILE SEARCH AND RESCUE FUND. (1) Each 42 vendor shall not later than the fifteenth day of each month remit all moneys 43 collected under the provisions of sections 67-7103 and 67-7104, Idaho Code, to 44 the state treasurer for credit to the state snowmobile fund, established in 45 the dedicated fund, to be administered by the director, except that one dollar 46 ($1.00) from each snowmobile certificate of number fee, one dollar ($1.00) 47 from each rental certificate of number fee, and one dollar ($1.00) from each 48 nonresident snowmobile user certificate issued by the vendor shall be credited 49 by the state treasurer to the state snowmobile search and rescue fund created 50 in section 67-2913A, Idaho Code. 51 (2) Each county with a bona fide snowmobile program shall be entitled to 4 1 receive from the department eighty-five percent (85%) of the moneys generated 2 for that county during that registration period.Application for additional3funds shall be made to the department by each county prior to the second Mon-4day of August of each year. The moneys applied for shall be used solely for a5bona fide snowmobile program.Counties with a bona fide snowmobile program may 6 use up to fifteen percent (15%) of their county snowmobile moneys upon recom- 7 mendation by their county snowmobile advisory committee for snowmobile law 8 enforcement purposes. 9 (3) Up to fifteen percent (15%) of thestatewiderevenue generated from 10 snowmobilefund generatedregistrations each year may be used by the depart- 11 ment to defray administrative costs. Any moneys unused at the end of the fis- 12 cal year shall be returned to the state treasurer for deposit in the state 13 snowmobile fund. 14 (4) Vendors shall be entitled to charge an additional one dollar and 15 fifty cents ($1.50) handling fee per registration for the distribution of cer- 16 tificates of number. 17 (5)Counties which have not establishedFor those registrations not des- 18 ignated to a bona fide county snowmobile program,shall remit the entire bal-19ance in the county snowmobile fund to the state treasurer for credit tothe 20 moneys generated shall be deposited to the state snowmobile fund, and such 21 fund shall be available tocounties with a bona fide snowmobile program.22Application for these moneys shall be made prior to the second Monday of23August of that registration periodthe department for snowmobile-related 24 expenses.
STATEMENT OF PURPOSE RS 16737 This legislation would increase the snowmobile registration fee by $10.00 and would clarify how monies are handled in the State Snowmobile Fund. FISCAL IMPACT Would increase revenue to the Idaho Department of Parks and Recreation for its administrative fee of $78,366 and provide $444,074 to the various snowmobile grooming programs throughout the state. Contact Name: Senator Leland Heinrich Phone: 208-332-1000 STATEMENT OF PURPOSE/FISCAL NOTE S 1052