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S1101.....................................................by TRANSPORTATION MOTOR VEHICLE DEALER/SALESMAN - Adds to existing law to provide for an emergency suspension of a motor vehicle dealer's or salesman's license. 02/09 Senate intro - 1st rdg - to printing 02/12 Rpt prt - to Transp 02/21 Rpt out - to 14th Ord 02/28 Rpt out NOT amen Recommitted - to Transp
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE SENATE SENATE BILL NO. 1101 BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO LICENSING OF MOTOR VEHICLE DEALERS AND SALESMEN; AMENDING CHAPTER 3 16, TITLE 49, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 49-1618A, IDAHO 4 CODE, TO PROVIDE FOR EMERGENCY SUSPENSION OF A DEALER'S OR SALESMAN'S 5 LICENSE; AND AMENDING CHAPTER 16, TITLE 49, IDAHO CODE, BY THE ADDITION OF 6 A NEW SECTION 49-1637, IDAHO CODE, TO PROVIDE A PENALTY FOR VIOLATION OF 7 LAW. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Chapter 16, Title 49, Idaho Code, be, and the same is 10 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 11 ignated as Section 49-1618A, Idaho Code, and to read as follows: 12 49-1618A. EMERGENCY LICENSE SUSPENSION. (1) The provisions of section 13 49-1618(1), Idaho Code, notwithstanding, when reasonable cause exists to pro- 14 tect the public from harm, the director, upon recommendation from the motor 15 vehicle dealer advisory board, may issue an emergency order to immediately 16 suspend a license issued pursuant to this chapter, and shall send written 17 notification by certified mail to the licensee at the address on record with 18 the department. 19 (2) For the purposes of this section, "cause" means there is reasonable 20 belief that the licensee has committed multiple violations of any of the fol- 21 lowing provisions of law: 22 (a) Chapter 6, title 48, Idaho Code, on consumer protection; 23 (b) Chapter 5, title 49, Idaho Code, on vehicle titles; 24 (c) Section 49-1418, Idaho Code, on unauthorized seizures or sales of 25 vehicles or vessels, or tampering with certain vehicle numbers; 26 (d) This chapter 16, title 49, Idaho Code, on licensing of dealers and 27 salesmen; or 28 (e) Any federal law or regulation relating to odometers. 29 (3) When a license is suspended as provided in this section, the licensee 30 shall have the right to request a hearing within ten (10) business days of the 31 service of the suspension order to determine the validity of the emergency 32 suspension order issued by the director. 33 (4) Upon receipt of a written request from the licensee, the department 34 shall fix a day within three (3) business days from the date of receipt of the 35 hearing request when it will receive evidence and argument as to the validity 36 of the emergency license suspension order issued by the director. 37 (5) All hearings shall be held in Ada County, Idaho, and shall be con- 38 ducted as provided in subsections (5) and (6) of section 49-1618, Idaho Code. 39 A record or tape or other recording device shall be made and preserved, pend- 40 ing final disposition of the matter. 41 SECTION 2. That Chapter 16, Title 49, Idaho Code, be, and the same is 42 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 2 1 ignated as Section 49-1637, Idaho Code, and to read as follows: 2 49-1637. VIOLATIONS. Unless otherwise specifically provided, it is a mis- 3 demeanor punishable by a fine of up to one thousand dollars ($1,000) for any 4 licensee or person to violate any provision of this chapter.
STATEMENT OF PURPOSE RS 11019 Relating to motor vehicle dealer licenses, this legislation creates a procedure to allow the department director to issue an emergency order to immediately suspend a motor vehicle dealer license when reasonable cause exists, and providing penalty for violation. FISCAL NOTE There will be no fiscal impact on state or local government as a result ot this legislation. CONTACT: Sen. Cecil Ingram Phone: (208)332-1332 STATEMENT OF PURPOSE/FISCAL NOTE S 1101