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S1118.....................................................by TRANSPORTATION
SNOWMOBILES - Amends existing law relating to snowmobile registrations 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 fees 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; to provide for deposit of handling fees
collected by the department; and to provide for distribution of snowmobile
registration revenues generated in counties without a bona fide snowmobile
program.
02/09 Senate intro - 1st rdg - to printing
02/12 Rpt prt - to Transp
02/23 Rpt out - rec d/p - to 2nd rdg
02/26 2nd rdg - to 3rd rdg
03/01 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde,
Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson,
Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Coiner
Floor Sponsor - Heinrich
Title apvd - to House
03/02 House intro - 1st rdg - to Transp
03/07 Rpt out - rec d/p - to 2nd rdg
03/08 2nd rdg - to 3rd rdg
03/12 3rd rdg - PASSED - 59-10-1
AYES -- Anderson, Bell, Bilbao, Black, Block, Bock, Boe, Bolz,
Brackett, Bradford, Chadderdon, Chavez, Chew, Collins, Durst,
Edmunson, Eskridge, Hagedorn, Hart, Henbest, Henderson, Jaquet,
Killen, King, Labrador, Lake, LeFavour, Luker, Marriott, Mathews,
Mortimer, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2),
Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr.
Speaker
NAYS -- Andrus, Barrett, Bayer, Bedke, Crane, Harwood, Kren,
Loertscher, McGeachin, Moyle
Absent and excused -- Clark
Floor Sponsor - Smith(24)
Title apvd - to Senate
03/13 To enrol
03/14 Rpt enrol - Pres signed - Sp signed
03/15 To Governor
03/21 Governor signed
Session Law Chapter 117
Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1118
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, TO PROVIDE FOR DEPOSIT OF HANDLING FEES COLLECTED BY THE
11 DEPARTMENT AND TO PROVIDE FOR DISTRIBUTION OF SNOWMOBILE REGISTRATION REV-
12 ENUES GENERATED IN COUNTIES WITHOUT A BONA FIDE SNOWMOBILE PROGRAM.
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 twenty (20) psi or less, maximum width
16 less than seventy-four (74) inches, maximum weight less than two thousand
17 (2,000) pounds, or having a wheelbase of ninety-four (94) inches or less.
18 Utility type vehicle does not include golf carts, vehicles specially designed
19 to carry a disabled person, implements of husbandry as defined in section
20 49-110(2), Idaho Code, or vehicles otherwise registered under title 49, Idaho
21 Code.
22 (16) "Vendor" means any entity authorized by the department to sell recre-
23 ational registrations.
24 (17) "Winter recreational parking locations" means designated parking
25 areas established and maintained with funds acquired from the cross-country
26 skiing account.
27 SECTION 2. That Section 67-7103, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 67-7103. APPLICATION FOR NUMBER -- ATTACHMENT OF NUMBER -- CERTIFICATE --
30 APPLICATION FOR TRANSFER OF CERTIFICATE -- TRANSFER OF CERTIFICATE FEE -- TEM-
31 PORARY NUMBER -- FEES. (1) On or before November 1 of each year the owner of
32 each snowmobile requiring numbering by the state of Idaho shall file an appli-
33 cation for number with the department on forms approved by it. The application
34 shall be signed by the owner and shall, except as provided in subsection (7)
35 of this section, be accompanied by a fee of twenty thirty-one dollars
36 ($231.00). Upon receipt of the application the department shall issue to the
37 applicant a certificate of number stating the number assigned to the snowmo-
38 bile and the name and address of the owner. The owner shall attach to the
39 snowmobile the identification number in a manner as may be prescribed by rules
40 of the department. The number shall be located on the right and left side of
41 the cowling of the snowmobile and shall be completely visible and shall be
42 maintained in legible condition. The certificate of number shall be pocket
43 size and shall be available at all times for inspection on the snowmobile for
44 which issued, wherever the snowmobile is in operation.
45 (2) The department may issue any certificate of number directly or may
46 authorize any persons to act as vendor for the issuance. In the event a person
47 accepts the authorization, he may be assigned a block of numbers and certifi-
48 cates which upon issue, in conformity with this chapter and with any rules of
49 the department, shall be valid as if issued directly by the department.
50 (3) All records of the department made or kept pursuant to this section
51 shall be public records.
52 (4) Each snowmobile must be registered before it leaves the premises at
53 the time of sale from any retail snowmobile dealer.
3
1 (5) The purchaser of a snowmobile shall, within fifteen (15) days immedi-
2 ately after acquisition, make application to the department for transfer to
3 him of the certificate of number issued to the snowmobile, giving his name,
4 address and the number of the snowmobile and shall at the same time pay to the
5 department a fee of three dollars ($3.00). Upon receipt of the application and
6 fee, the department shall transfer the certificate of number issued for the
7 snowmobile to the new owner or owners. Unless the application is made and fee
8 paid within fifteen (15) days, the snowmobile shall be considered to be with-
9 out a certificate of number and it shall be unlawful for any person to operate
10 that snowmobile until the certificate is issued.
11 (6) No number other than the number issued to a snowmobile pursuant to
12 this chapter shall be painted, attached, or otherwise displayed on the snowmo-
13 bile, except a temporary number may be attached to identify a snowmobile for
14 the purpose of racing or other sporting events.
15 (7) Resident and nonresident owners of snowmobiles used for rental pur-
16 poses shall purchase certificates of number for fifty sixty-one dollars
17 ($561.00) and the certificates of number shall be displayed on the machine at
18 all times.
19 SECTION 3. That Section 67-7104, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 67-7104. NONRESIDENT SNOWMOBILE USER CERTIFICATE REQUIRED. The owner of a
22 nonresident, noncommercial snowmobile shall not be required to comply with the
23 registration requirements of the state of Idaho, but shall be required to
24 obtain a nonresident snowmobile user certificate. A fee of twenty thirty-one
25 dollars ($231.00) shall be imposed for the issuance of a nonresident snowmo-
26 bile user certificate. The certificate of number shall be displayed in the
27 same manner as provided in section 67-7103, Idaho Code. Such certificates
28 shall be valid beginning November 1 through October 31 of the following year.
29 Issuance and administration of nonresident snowmobile user certificates shall
30 be conducted in the same manner as provided in section 67-7103, Idaho Code,
31 for numbering of snowmobiles.
32 (1) For purposes of this section, "nonresident" shall be as defined in
33 section 36-202, Idaho Code.
34 (2) In the absence of a bona fide program in the area or upon the request
35 of the bona fide county snowmobile advisory committee of the nearest affected
36 county in Idaho, the requirements for the nonresident certificate may be
37 waived by the parks and recreation board on specific trails where the snowmo-
38 bile trail grooming is solely supported by a state other than Idaho.
39 SECTION 4. That Section 67-7106, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 67-7106. DISTRIBUTION OF MONEYS COLLECTED -- COUNTY SNOWMOBILE FUND --
42 STATE SNOWMOBILE FUND -- STATE SNOWMOBILE SEARCH AND RESCUE FUND. (1) Each
43 vendor shall not later than the fifteenth day of each month remit all moneys
44 collected under the provisions of sections 67-7103 and 67-7104, Idaho Code, to
45 the state treasurer for credit to the state snowmobile fund, established in
46 the dedicated fund, to be administered by the director, except that one dollar
47 ($1.00) from each snowmobile certificate of number fee, one dollar ($1.00)
48 from each rental certificate of number fee, and one dollar ($1.00) from each
49 nonresident snowmobile user certificate issued by the vendor shall be credited
50 by the state treasurer to the state snowmobile search and rescue fund created
51 in section 67-2913A, Idaho Code.
4
1 (2) Each county with a bona fide snowmobile program shall be entitled to
2 receive from the department eighty-five percent (85%) of the moneys generated
3 for that county during that registration period. Application for additional
4 funds shall be made to the department by each county prior to the second Mon-
5 day of August of each year. The moneys applied for shall be used solely for a
6 bona fide snowmobile program. Counties with a bona fide snowmobile program may
7 use up to fifteen percent (15%) of their county snowmobile moneys upon recom-
8 mendation by their county snowmobile advisory committee for snowmobile law
9 enforcement purposes.
10 (3) Up to fifteen percent (15%) of the statewide revenue generated from
11 snowmobile fund generated registrations each year may be used by the depart-
12 ment to defray administrative costs. Any moneys unused at the end of the fis-
13 cal year shall be returned to the state treasurer for deposit in the state
14 snowmobile fund.
15 (4) Vendors shall be entitled to charge an additional one dollar and
16 fifty cents ($1.50) handling fee per registration for the distribution of cer-
17 tificates of number. Handling fees collected by the department shall be depos-
18 ited to the state snowmobile fund.
19 (5) Counties which have not established For those registrations not des-
20 ignated to a bona fide county snowmobile program, shall remit the entire bal-
21 ance in the county snowmobile fund to the state treasurer for credit to the
22 moneys generated shall be deposited to the state snowmobile fund, and such
23 fund shall be available to counties with a bona fide snowmobile program.
24 Application for these moneys shall be made prior to the second Monday of
25 August of that registration period the department for snowmobile-related
26 expenses.
STATEMENT OF PURPOSE
RS 16885
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 1118