2001 Legislation
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SENATE BILL NO. 1100 – MV dealer, vehicle/resale, liens

SENATE BILL NO. 1100

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Daily Data Tracking History



S1100.....................................................by TRANSPORTATION
MOTOR VEHICLES - RESALE - Adds to existing law to provide that a vehicle
dealer who takes possession of a vehicle for purposes of resale shall
satisfy all liens perfected at the time of taking possession within a time
certain, unless the owner agrees in writing to directly satisfy all liens;
to provide that no vehicle may be resold until all liens have been
satisfied in full; and to provide a penalty.
                                                                        
02/09    Senate intro - 1st rdg - to printing
02/12    Rpt prt - to Transp
02/21    Rpt out - rec d/p - to 2nd rdg
02/22    2nd rdg - to 3rd rdg
02/26    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Danielson, Darrington, Deide, Dunklin, Frasure,
      Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, Lee, Lodge, Noh,
      Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner,
      Stennett, Thorne, Wheeler, Whitworth, Williams,
      NAYS -- None
      Absent and excused -- Davis, King-Barrutia
    Floor Sponsor -- Ingram
    Title apvd - to House
02/27    House intro - 1st rdg - to Transp
03/15    Rpt out - rec d/p - to 2nd rdg
03/16    2nd rdg - to 3rd rdg
03/19    3rd rdg - PASSED - 70-0-0
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
      Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
      Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
      Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford,
      Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen,
      Moss, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts,
      Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson,
      Stone, Swan, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor -- Kunz
    Title apvd - to Senate
03/20    To enrol
03/21    Rpt enrol - Pres signed
    Sp signed
03/22    To Governor
03/26    Governor signed
         Session Law Chapter 190
         Effective: 07/01/01

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1100
                                                                        
                                BY TRANSPORTATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO MOTOR VEHICLE DEALERS; AMENDING CHAPTER 16, TITLE 49, IDAHO  CODE,
  3        BY  THE  ADDITION OF A NEW SECTION 49-1609A, IDAHO CODE, TO PROVIDE THAT A
  4        LICENSED DEALER TAKING POSSESSION OF A  VEHICLE  FOR  PURPOSES  OF  RESALE
  5        SHALL SATISFY ALL LIENS PERFECTED ON THE VEHICLE AT TIME OF TAKING POSSES-
  6        SION WITHIN A TIME CERTAIN, UNLESS THE OWNER AGREES IN WRITING TO DIRECTLY
  7        SATISFY  ALL  LIENS,  TO  PROVIDE  THAT NO SUCH VEHICLE SHALL BE RESOLD OR
  8        TRANSFERRED TO ANY RETAIL PURCHASER UNTIL ALL PERFECTED  LIENS  HAVE  BEEN
  9        SATISFIED IN FULL AND TO PROVIDE A PENALTY.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION  1.  That  Chapter  16,  Title 49, Idaho Code, be, and the same is
 12    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 13    ignated as Section 49-1609A, Idaho Code, and to read as follows:
                                                                        
 14        49-1609A.  SATISFACTION  OF LIENS PRIOR TO RESALE OF VEHICLE.  (1)  When a
 15    motor vehicle dealer licensed pursuant to this chapter takes possession  of  a
 16    vehicle  for  purposes of resale, the dealer shall have ten (10) business days
 17    from the date of possession to satisfy in full any and all lienholders who are
 18    perfected at the time of taking possession,  unless  the  owner  relinquishing
 19    possession  of  the  vehicle  agrees  in writing to directly pay the perfected
 20    lienholder.
 21        (2)  No such vehicle shall be resold or transferred  to  any  retail  pur-
 22    chaser until all perfected liens have been satisfied in full.
 23        (3)  It  shall  be a misdemeanor punishable as provided in section 49-236,
 24    Idaho Code, for any person or licensee to violate the provisions of this  sec-
 25    tion.

Statement of Purpose / Fiscal Impact


 
 
                      STATEMENT OF PURPOSE
                                
                            RS11026
                                
                                
 Relating to the time limit allowed licensed vehicle dealers to satisfy existing liens before resale
 of a motor vehicle, and providing penalty for violation.
 
 
                          FISCAL NOTE
                                
 There will be no fiscal impact on state or local government as a result of this legislation.
 
 
 
 
 
 
 
 
   
 CONTACT:
 Sen. Cecil Ingram 
 Phone: (208)332-1332
 
 
   
 
 
 
 
 
 
 STATEMENT OF PURPOSE/FISCAL NOTE                                               S 1100