Amends existing law regarding snowmobiles and off-highway vehicles.

LEGISLATURE OF THE STATE OF IDAHO
Sixty-eighth Legislature Second Regular Session - 2026
IN THE SENATE
SENATE BILL NO. 1378
BY STATE AFFAIRS COMMITTEE
AN ACT	1
RELATING TO PARKS AND RECREATION; AMENDING SECTION 57-1901, IDAHO CODE, TO	2
REVISE PROVISIONS REGARDING THE OFF-ROAD MOTOR VEHICLE ACCOUNT; AMEND-	3
ING SECTION 67-7106, IDAHO CODE, TO REVISE PROVISIONS REGARDING SNOWMO-	4
BILES; AMENDING SECTION 67-7107A, IDAHO CODE, TO REVISE PROVISIONS RE-	5
GARDING THE STATE SNOWMOBILE AVALANCHE FUND; AMENDING SECTION 67-7113,	6
IDAHO CODE, TO REVISE PROVISIONS REGARDING VIOLATIONS AND LIABILITY;	7
AMENDING SECTION 67-7126, IDAHO CODE, TO REVISE PROVISIONS REGARD-	8
ING OFF-HIGHWAY VEHICLES AND THE ASSOCIATED ACCOUNT; AMENDING SECTION	9
67-7127, IDAHO CODE, TO REVISE PROVISIONS REGARDING THE USE OF MONEYS	10
IN THE OFF-HIGHWAY VEHICLES ACCOUNT; AMENDING SECTION 67-7128, IDAHO	11
CODE, TO REVISE PROVISIONS REGARDING THE OFF-HIGHWAY VEHICLE ADVISORY	12
COMMITTEE; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.	13
Be It Enacted by the Legislature of the State of Idaho:	14
SECTION 1. That Section 57-1901, Idaho Code, be, and the same is hereby	15
amended to read as follows:	16
57-1901. CREATION OF OFF-ROAD MOTOR VEHICLE ACCOUNT -- PURPOSE. (1)	17
There is hereby created and established in the state treasury an account to	18
be known as the "off-road motor vehicle account" to which shall be credited	19
or deposited all moneys accruing for the purposes of the account.	20
(2) The purposes for which moneys in the account may be used shall be to:	21
(a) acquire Acquire, purchase, improve, repair, maintain, furnish, and	22
equip off-road motor vehicle facilities and sites or areas used by off-	23
road vehicles on public or private land, and to assist;	24
(b) Assist with the enforcement of laws and regulations governing the	25
use of off-road vehicles in the state of Idaho.;	26
(c) Secure special leases, use licenses, or recreation easements or	27
permits, or to purchase land under private, state, or federal ownership	28
to be used for public recreational off-road vehicle activity;	29
(d) Secure, maintain, construct, or develop trails and other public	30
recreational facilities for off-road vehicle use on private, state, and	31
federal lands;	32
(e) Finance the formulation and implementation under the park and	33
recreation board's direction of an off-the-road rider education pro-	34
gram; and	35
(f) Acquire applicable federal matching funds.	36
(3) The park and recreation board is charged with the administration of	37
the account for the purposes specified herein.	38
(4) The provisions of section 67-4228, Idaho Code, are made applicable	39
for the provisions of to this section.	40
(5) All claims against the account shall be examined, audited, and al-	41
lowed in the same manner now or hereafter provided by law for claims against	42

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the state, except that the board is hereby empowered to enter into agreements	1
with legal governmental agencies in Idaho and Idaho nonprofit entities, for	2
the disbursement of funds to them on a project by project basis.	3
(6) For the purposes of this section, "off-road vehicle" has the same	4
meaning as "off-highway vehicle," defined in section 67-7101, Idaho Code.	5
SECTION 2. That Section 67-7106, Idaho Code, be, and the same is hereby	6
amended to read as follows:	7
67-7106. SNOWMOBILES -- DISTRIBUTION OF MONEYS COLLECTED -- COUNTY	8
SNOWMOBILE FUND -- STATE SNOWMOBILE FUND -- DEPARTMENT OF LANDS ALLOCATION	9
-- STATE SNOWMOBILE SEARCH AND RESCUE FUND -- STATE SNOWMOBILE AVALANCHE	10
FUND. (1) Each vendor shall, not later than the fifteenth day of each month,	11
remit all moneys collected under the provisions of sections 67-7103 and	12
67-7104, Idaho Code, to the state treasurer for credit to the state snow-	13
mobile fund, established in the dedicated fund, to be administered by the	14
director, except that the amounts designated in this subsection from each	15
snowmobile certificate of number fee, each rental certificate of number	16
fee, and each nonresident snowmobile user certificate issued by the vendor	17
shall be credited by the state treasurer to each of the following funds or	18
entities:	19
(a) Two dollars ($2.00) One dollar ($1.00) to the state snowmobile	20
search and rescue fund created in section 67-2913A, Idaho Code;	21
(b) One dollar ($1.00) to the state snowmobile avalanche fund created	22
in section 67-7107A, Idaho Code; and	23
(c) One dollar ($1.00) to the Idaho department of lands to provide snow-	24
mobile opportunities and to repair damage directly related to snowmo-	25
bile use, provided that:	26
(i) the The Idaho department of lands shall annually publish a	27
report specifically identifying the uses of moneys allocated pur-	28
suant to this subsection.; and	29
(ii) Any funds so credited that remain or are unencumbered by the	30
department of lands after three (3) fiscal years shall be returned	31
to the state treasurer for deposit in the state snowmobile fund.	32
(2) Each county with a bona fide snowmobile program shall be entitled to	33
receive from the department eighty-five percent (85%) of the moneys gener-	34
ated for that county during that certificate of number period. Counties with	35
a bona fide snowmobile program may use up to fifteen percent (15%) of their	36
county snowmobile moneys upon recommendation by their county snowmobile ad-	37
visory committee for snowmobile law enforcement purposes.	38
(3) Up to fifteen percent (15%) of the revenue generated from snowmo-	39
bile certificates of number each year may be used by the department to defray	40
administrative costs. Any moneys unused at the end of the fiscal year shall	41
be returned to the state treasurer for deposit in the state snowmobile fund.	42
(4) Vendors shall be entitled to retain a handling fee of one dollar and	43
fifty cents ($1.50) per certificate of number or nonresident user certifi-	44
cate. Handling fees collected by the department shall be deposited to the	45
state snowmobile fund.	46
(5) For those certificates of number not designated to a bona fide	47
county snowmobile program, the moneys generated shall be deposited to the	48

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state snowmobile fund, and such fund shall be available to the department for	1
snowmobile-related expenses.	2
SECTION 3. That Section 67-7107A, Idaho Code, be, and the same is hereby	3
amended to read as follows:	4
67-7107A. STATE SNOWMOBILE AVALANCHE FUND -- STATE SNOWMOBILE	5
AVALANCHE FUND COMMITTEE. (1) There is hereby established in the state	6
treasurer's office an account to be known and designated as the "state snow-	7
mobile avalanche fund." This fund shall receive one dollar ($1.00) from each	8
snowmobile certificate of number fee, one dollar ($1.00) from each rental	9
certificate of number fee, and one dollar ($1.00) from each nonresident	10
snowmobile user certificate issued by vendors, as provided for in section	11
67-7106, Idaho Code. Any amounts credited to this fund that remain or are	12
unencumbered after three (3) fiscal years shall be returned to the state	13
treasurer for deposit in the state snowmobile fund. This fund shall be man-	14
aged by the state snowmobile avalanche fund committee.	15
(2) The board shall appoint a state snowmobile avalanche fund committee	16
(SSAFC) of five (5) members. The membership of the SSAFC shall consist of the	17
director of the United States forest service national avalanche center, or	18
his designee, who shall chair the SSAFC, and one (1) active snowmobiler from	19
each of the following districts: north Idaho, central Idaho, south Idaho,	20
and east Idaho. These four (4) regional members of the SSAFC shall be ap-	21
pointed by the board from a list of no fewer than two (2) persons nominated by	22
the Idaho state snowmobile association, and said members shall serve a term	23
of four (4) years, except that the term of the initial appointees shall com-	24
mence on the date of appointment and shall be staggered such that at least	25
one (1) position is up for appointment each year. Each member of the SSAFC	26
must be a qualified elector of the state, maintaining a residence and domi-	27
cile within the district of appointment. For purposes of SSAFC membership	28
and representation, the four (4) districts shall be as follows:	29
(a) North Idaho consists of Boundary, Bonner, Kootenai, Benewah,	30
Latah, Shoshone, Clearwater, Nez Perce, Lewis, and Idaho counties.	31
(b) Central Idaho consists of Adams, Washington, Valley, Payette, Gem,	32
Boise, Canyon, Ada, Elmore, and Owyhee counties.	33
(c) South Idaho consists of Lemhi, Custer, Butte, Camas, Blaine, Good-	34
ing, Lincoln, Jerome, Minidoka, Twin Falls, and Cassia counties.	35
(d) East Idaho consists of Clark, Fremont, Jefferson, Madison, Teton,	36
Bonneville, Bingham, Power, Bannock, Caribou, Bear Lake, Franklin, and	37
Oneida counties.	38
(3) The duties of the SSAFC include:	39
(a) Determining and directing distributions from the state snowmobile	40
avalanche fund, at least annually, to avalanche centers within the	41
state of Idaho or avalanche centers providing reporting services within	42
the state of Idaho operated and administered by the national avalanche	43
center, United States forest service, or United States department of	44
agriculture. The SSAFC may require that applications or proposals be	45
submitted for review and consideration from avalanche centers seeking	46
funds from the state snowmobile avalanche fund. The SSAFC must require	47
the funds so distributed be used for existing avalanche center oper-	48
ations and maintenance within or for the benefit of areas within the	49

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state of Idaho, which include: avalanche forecaster labor; website	1
and information technology improvements and maintenance; snowmobiles	2
and related equipment; remote weather station installation and upkeep;	3
avalanche education costs; and safety equipment;	4
(b) Representing the best interests of the snowmobile users in the dis-	5
trict from which each member is appointed; and	6
(c) Advising existing avalanche centers in Idaho and registered non-	7
profit organizations that support them as to whether current projects	8
meet the needs of snowmobile users in that area.	9
(4) The SSAFC shall be compensated as provided in section 59-509(b),	10
Idaho Code.	11
SECTION 4. That Section 67-7113, Idaho Code, be, and the same is hereby	12
amended to read as follows:	13
67-7113. VIOLATIONS -- ACCOUNTABLE FOR PROPERTY DAMAGE. (1) Unless	14
otherwise provided in this chapter, any person who violates any provision	15
of this chapter, or any rule promulgated by the department pursuant to this	16
chapter, shall be guilty of an infraction and shall be punished by a fine of	17
one hundred dollars ($100).	18
(2) In addition thereto, the operator and/or owner of the snowmobile or	19
OHV shall be responsible and held accountable to the owner of any lands where	20
trees, shrubs, or other property have been damaged as the result of travel	21
over their premises.	22
(3) Whenever any owner of public or private land gives notice of and	23
imposes closures, restrictions, rules, or prohibitions in relation to the	24
use of the owner's land by snowmobile or OHV operators, any person who vio-	25
lates the same shall be guilty of trespass, punishable as provided by section	26
18-7008, Idaho Code. For the purposes of this subsection, "notice" means ac-	27
tual or constructive notice.	28
SECTION 5. That Section 67-7126, Idaho Code, be, and the same is hereby	29
amended to read as follows:	30
67-7126. OFF-HIGHWAY VEHICLES -- ESTABLISHMENT OF ACCOUNT -- DISTRI-	31
BUTION OF FEES. (1) There is hereby established in the state treasurer's of-	32
fice an account to be known and designated as the "OHV recreation account."	33
(2) The fee of twelve-dollars ($12.00) fee collected for off-highway	34
vehicle certificates of number and nonresident user certificates under the	35
provisions of pursuant to sections 67-7122 and 67-7124, Idaho Code, shall be	36
allocated as follows:	37
(1) (a) Vendors shall charge and retain one dollar and fifty cents	38
($1.50) for a handling fee;	39
(2) (b) Up to fifteen percent (15%) of the revenue generated from OHV	40
certificates may be used by the department to defray administrative	41
costs and the production of certificates of number, nonresident user	42
certificates, and validation stickers. Any moneys unused at the end	43
of the fiscal year shall be returned to the Idaho state treasurer for	44
deposit in the OHV recreation account;	45
(3) (c) One dollar ($1.00) shall be deposited into the off-highway ve-	46
hicle law enforcement fund. Moneys in said fund shall be paid and used	47

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as follows: used only for off-highway-related law enforcement activi-	1
ties and allocated pursuant to this paragraph.	2
(a) (i) Sheriffs of counties with a current or an actively de-	3
veloping bona fide off-highway vehicle law enforcement program	4
that is recognized by the department shall receive moneys from the	5
fund based upon a formula as provided in rule promulgated by the	6
board; and be allocated a minimum of twenty-five hundred dollars	7
($2,500).	8
(ii) Moneys remaining in the fund shall be allocated among such	9
counties as follows:	10
1. Fifty percent (50%) based on the use area designation	11
made by purchasers of off-highway vehicle certificates;	12
2. Twenty-five percent (25%) based on the number of	13
off-highway vehicle education certificates awarded for com-	14
pleting off-highway vehicle rider safety classes;	15
3. Twelve and one-half percent (12.5%) based on the total	16
number of off-highway vehicle inspections performed; and	17
4. Twelve and one-half percent (12.5%) based on the total	18
number of off-highway vehicle citations issued;	19
(b) Moneys from the fund shall be used only for off-highway-related law	20
enforcement activities; and	21
(4) (d) One dollar ($1.00) shall be allocated to the Idaho department of	22
lands to provide off-highway vehicle opportunities and to repair damage	23
directly related to off-highway vehicle use. Any funds so credited that	24
remain or are unencumbered by the department of lands after three (3)	25
fiscal years shall be returned to the state treasurer for deposit in the	26
OHV recreation account. The department of lands shall annually publish	27
a report specifically identifying the uses of moneys allocated pursuant	28
to this subsection; and	29
(5) (e) The remaining funds shall be transmitted to the state trea-	30
surer's office for deposit to the credit of the OHV recreation account,	31
all such moneys to be transmitted to the state treasurer on or before the	32
tenth day of each month.	33
(3) An off-highway vehicle law enforcement program shall be bona fide	34
if it is sponsored by a county sheriff to promote off-highway vehicle safety,	35
education, and law enforcement and is overseen by an advisory committee	36
of three (3) or more individuals that includes at least one (1) sheriff or	37
deputy sheriff and two (2) representatives of active off-highway vehicle	38
users that reside in the applicable county and who are not law enforcement	39
officers.	40
(a) The department may withhold recognition of a bona fide off-highway	41
vehicle law enforcement program if a county failed to perform its off-	42
highway vehicle enforcement duties within the past calendar year.	43
(b) A bona fide off-highway vehicle law enforcement program shall sub-	44
mit an annual report documenting the previous year's accomplishments to	45
the department by March 1 of each year. The report shall include:	46
(i) The names of the advisory committee members;	47
(ii) The number of off-highway vehicle safety class certificates	48
awarded;	49
(iii) The number of off-highway vehicle inspections completed;	50

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(iv) The number of off-highway vehicle accidents reported; and	1
(v) The number of off-highway vehicle citations issued.	2
(c) The department may require such report be submitted using certain	3
forms.	4
(4) Off-highway vehicle certificates' use area designations shall be	5
collected and reported from January 1 through December 31 of the preceding	6
year.	7
(5) The department shall annually publish a report specifically iden-	8
tifying the use of revenues generated from OHV certificates of number and	9
nonresident user certificates. Collection of fees for off-highway vehicle	10
certificates of number and nonresident user certificates shall not impose	11
any additional liability on the state of Idaho or any of its political sub-	12
divisions or upon the employees of the state and or of its political subdi-	13
visions, and those entities and persons shall retain the limitations of lia-	14
bility provided by section 36-1604, Idaho Code, regardless of the use of such	15
fees.	16
SECTION 6. That Section 67-7127, Idaho Code, be, and the same is hereby	17
amended to read as follows:	18
67-7127. OFF-HIGHWAY VEHICLES -- USE OF MONEYS IN ACCOUNT. The board	19
shall administer the OHV recreation account. The moneys derived from this	20
account shall be used as follows:	21
(1) For the securing of special leases, use licenses, or recreation	22
easements or permits, or for the actual purchase of land under private,	23
state, or federal ownership to be used for public recreational off-highway	24
vehicle activity;	25
(2) For the securing, maintenance, construction or development of	26
trails and other public recreational facilities for off-highway vehicle use	27
on private, state, and federal lands;	28
(3) To finance the formulation and implementation under the board's di-	29
rection of an off-the-road rider education program; and	30
(4) To acquire applicable federal matching funds.; and	31
(5) To acquire, purchase, improve, repair, maintain, furnish, and	32
equip off-highway vehicle facilities and sites or areas used by off-highway	33
vehicles on public or private land.	34
SECTION 7. That Section 67-7128, Idaho Code, be, and the same is hereby	35
amended to read as follows:	36
67-7128. OFF-ROAD MOTOR OFF-HIGHWAY VEHICLE ADVISORY COMMITTEE --	37
CREATION -- SELECTION -- TERM OF OFFICE -- DUTY. (1) The park and recre-	38
ation board shall appoint an off-road motor off-highway vehicle advisory	39
committee (ORMV) (OHVAC) of nine (9) members. The membership of the advi-	40
sory committee shall consist of three (3) members each from northern Idaho,	41
southwestern Idaho, and southeastern Idaho. Two (2) members from each area	42
shall represent the following groups: motorbikes, ATV or UTV riders and	43
snowmobilers. One (1) member interested in ORMV projects shall be appointed	44
from each area without regard to the recreational activity in which that	45
member participates and shall represent interests other than motorbike, ATV	46
or UTV riders and snowmobilers.	47

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(a) One (1) member from each area shall represent motorbike riders.	1
(b) One (1) member from each area shall represent ATV riders.	2
(c) One (1) member from each area shall represent UTV or specialty off-	3
highway vehicle riders.	4
(2) Each member of the advisory committee shall be chosen by the park	5
and recreation board to serve a term of three (3) years, except that the term	6
of the initial appointees shall commence on the date of appointment and shall	7
be of staggered lengths. Each member of the advisory committee shall be a	8
qualified elector of the state.	9
(3) Duties of the committee shall include:	10
(a) Representing the best interests of the ORMV off-highway vehicle	11
users and activities which they represent in the district from which	12
they are appointed;	13
(b) Advising the department as to whether proposed ORMV OHVAC projects	14
meet the needs of ORMV off-highway vehicle users in that area;	15
(c) Advising the department as to how funds can be used to rehabilitate	16
areas on public or private lands and how the department can assist in the	17
enforcement of laws and regulations governing the use of off-road off-	18
highway vehicles in the state of Idaho; and	19
(d) The three (3) motorbike, all-terrain vehicle or utility type ve-	20
hicle representatives from the ORMV advisory committee shall advise	21
Advising the department on matters relating to the use of moneys in the	22
motorbike OHV recreation account as provided for in section 67-7127,	23
Idaho Code.	24
(2) (4) The committee shall be compensated as provided in section	25
59-509(f), Idaho Code, and authorized by the department.	26
SECTION 8. An emergency existing therefor, which emergency is hereby	27
declared to exist, this act shall be in full force and effect on and after	28
July 1, 2026.	29

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