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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 - 2007
IN 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 the
10 state 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 of twenty thirty-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 for fifty sixty-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 of twenty thirty-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 additional
3 funds shall be made to the department by each county prior to the second Mon-
4 day of August of each year. The moneys applied for shall be used solely for a
5 bona 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 the statewide revenue generated from
10 snowmobile fund generated registrations 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 established For those registrations not des-
18 ignated to a bona fide county snowmobile program, shall remit the entire bal-
19 ance in the county snowmobile fund to the state treasurer for credit to the
20 moneys generated shall be deposited to the state snowmobile fund, and such
21 fund shall be available to counties with a bona fide snowmobile program.
22 Application for these moneys shall be made prior to the second Monday of
23 August of that registration period the 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