2007 Legislation
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SENATE BILL NO. 1118 – Snowmobiles, registration fees

SENATE BILL NO. 1118

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact



                       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