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S1092aa...................................................by TRANSPORTATION
MOTOR VEHICLE DEALERS - LOTS - Amends existing law to revise the definition
of a "temporary supplemental lot" as it applies to licensed motor vehicle
dealers to provide an exception to the restriction that business shall be
conducted in a county adjacent to the county of the principal place of
business.
02/03 Senate intro - 1st rdg - to printing
02/04 Rpt prt - to Transp
02/19 Rpt out - rec d/p - to 2nd rdg
02/22 2nd rdg - to 3rd rdg
02/23 To 14th Ord - Rpt out amen - to engros
02/24 Rpt engros - 1st rdg - to 2nd rdg as amen
02/25 2nd rdg - to 3rd rdg as amen
03/02 3rd rdg as amen - PASSED - 32-0-3
AYES--Andreason, Boatright, Branch, Burtenshaw, Cameron, Crow,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Richardson,
Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne,
Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Bunderson, Noh, Parry
Floor Sponsor - Frasure
Title apvd - to House
03/03 House intro - 1st rdg as amen - to Transp
03/17 Rpt out - rec d/p - to 2nd rdg as amen
03/18 2nd rdg - to 3rd rdg as amen
03/19 3rd rdg as amen - FAILED - 31-37-2
AYES -- Alltus, Barraclough, Barrett, Bieter, Boe, Cuddy, Field(13),
Field(20), Geddes, Hadley, Hornbeck, Jaquet, Judd, Kempton, Kendell,
Kunz, Lake, Linford, Mader, McKague, Mortensen, Pischner, Pomeroy,
Ringo, Robison, Smylie, Stone, Tippets, Trail, Wood, Zimmermann
NAYS -- Bell, Black, Bruneel, Callister, Campbell, Chase, Clark,
Crow, Deal, Denney, Ellsworth, Gagner, Gould, Hammond, Hansen(23),
Hansen(29), Henbest, Jones, Kellogg, Limbaugh, Loertscher, Marley,
Meyer(Duncan), Montgomery, Moyle, Reynolds, Ridinger, Sali, Schaefer,
Sellman, Smith, Stevenson, Stoicheff, Taylor, Watson, Wheeler,
Mr Speaker
Absent and excused -- Tilman, Williams
Floor Sponsor - Kunz
Filed with Secretary of the Senate
S1092|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1092, As Amended BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO LICENSED MOTOR VEHICLE DEALERS; AMENDING SECTION 49-121, IDAHO 3 CODE, TO REVISE THE DEFINITION OF "TEMPORARY SUPPLEMENTAL LOT" TO PROVIDE 4 AN EXCEPTION TO THE RESTRICTION THAT BUSINESS SHALL BE CONDUCTED IN A 5 COUNTY ADJACENT TO THE COUNTY OF THE PRINCIPAL PLACE OF BUSINESS AND TO 6 MAKE TECHNICAL CORRECTIONS. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 49-121, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 49-121. DEFINITIONS -- T. 11 (1) "Temporary supplemental lot" means a location other than the princi- 12 pal place of business, or supplemental lot within the same or adjacent county 13 as the principal place of business, where a licensed dealer may secure a 14 license to conduct the business and is licensed for a period of time not to 15 exceed ten (10) days for a specific purpose such as auto shows, auctions, 16 shopping center promotions, tent sales, etc. Temporary supplemental lots shall 17 meet all local zoning and building codes for the type of business being con- 18 ducted. The requirements for a principal place of business shall not be appli- 19 cable to temporary supplemental lot locations. The adjacent county 20 restriction shall not apply if the dealer holds the franchise for the products 21 to be displayed or sold and has approval from a manufacturer for the location 22 where the proposed temporary supplemental lot license will be issued by the 23 department. 24 (2) "Tires" means: 25 (a) Metal. Every tire the surface of which in contact with the highway is 26 wholly or partly of metal or other hard, nonresilient material. 27 (b) Pneumatic. Every tire in which compressed air is designed to support 28 the load. 29 (c) Snow tire. Every rubber tire with tread design or material embedded 30 in the tire to improve winter traction except studded tires. 31 (d) Solid rubber. Every tire of rubber or other resilient material which 32 does not depend upon compressed air for the support of the load. 33 (e) Studded tire. Every tire with built-in lugs of tungsten carbide or 34 other suitable material designed to contact the road surface for improved 35 winter traction. 36 (3) "Traffic" means pedestrians, ridden or herded animals, vehicles, 37 streetcars and other conveyances either singly or together while using any 38 highway for purposes of travel. 39 (4) "Traffic lane" or "lane of travel" means that portion of the roadway 40 for movement of a single line of vehicles. 41 (5) "Traffic-control device" means any device, whether manually, electri- 42 cally or mechanically operated, placed or erected by authority of a public 43 body or official having jurisdiction, for the purpose of regulating, warning 2 1 or guiding traffic. 2 (6) "Trailer" means: 3 (a) General. Every vehicle without motive power designed for carrying 4 persons or property and for being drawn by a motor vehicle. 5 (b) Fifth-wheel trailer. A vehicular unit equipped in the same manner as 6 a travel trailer but constructed with a raised forward section that allows 7 a bi-level floor plan. This style is designed to be towed by a vehicle 8 equipped with a device known as a fifth-wheel hitch, which is typically 9 installed in the bed of a pickup truck. 10 (c) Fold - down camping trailer. A vehicular portable unit 11 mounted on wheels and constructed with collapsible partial side walls, 12 which fold for towing by another vehicle and unfold at the campsite to 13 provide temporary living quarters, for recreational, camping or travel 14 use. 15 (d) Park trailer. A trailer designed to be towed by a motorized vehicle, 16 and of such size and weight as not to require a special highway movement 17 permit. It is designed for seasonal or temporary living quarters and may 18 be connected to utilities necessary for operation of installed fixtures 19 and appliances. It is built on a single permanent chassis and constructed 20 to permitset upsetup by persons without spe- 21 cial skills. 22 (e) Pole trailer. Every vehicle without motive power designed to be drawn 23 by another vehicle and attached to the towing vehicle by means of a reach 24 or pole or by being boomed or otherwise secured to the towing vehicle, and 25 ordinarily used for transporting long or irregularly shaped loads such as 26 poles, pipes, or structural members capable, generally, of sustaining 27 themselves as beams between the supporting connections. 28 (f) Semitrailer. Every vehicle without motive power, designed for carry- 29 ing persons or property and for being drawn by a motor vehicle and so con- 30 structed that some part of its weight and that of its load rests upon or 31 is carried by the towing vehicle. 32 (g) Travel trailer. A vehicular unit, mounted on wheels designed to pro- 33 vide temporary living quarters for recreational, camping, travel or emer- 34 gency use and of such size or weight as not to require special highway 35 movement permits when towed by a motorized vehicle. 36 (h) Utility trailer. (See "Utility Trailer", " 37 section 49-122, Idaho Code) 38 (7) "Transportation", " for the purposes of 39 chapter 22 ,of thistitle 49, Idaho Code 40 , means the movement of any regulated quantity of hazardous material or 41 hazardous waste within, through, or to any destination in this state upon the 42 highways of this state. 43 (8) "Transporter" means every person engaged in the business of deliver- 44 ing vehicles of a type required to be registered from a manufacturing, assem- 45 bling or distributing plant to dealers or sales agents of a manufacturer, 46 except in chapter 22, title 49, Idaho Code, where it means any 47 person who transports a hazardous material or hazardous waste within, through, 48 or to any destination upon the highways of this state. 49 (9) "Truck" means: 50 (a) Refuse/sanitation. Any vehicle designed and used solely for the pur- 51 pose of transporting refuse. 52 (b) General. Every motor vehicle exceeding eight thousand (8,000) pounds 53 gross weight designed, used or maintained primarily for the transportation 54 of property. 55 (c) Pickup truck. Every motor vehicle eight thousand (8,000) pounds gross 3 1 weight or less which is designed, used or maintained primarily for the 2 transportation of property. 3 (d) Truck camper. A portable unit constructed to provide temporary living 4 quarters for recreational, travel or camping use, consisting of a roof, 5 floor, and sides, designed to be loaded onto and unloaded from the bed of 6 a pickup truck. 7 (e) Truck tractor. Every motor vehicle designed and used primarily for 8 drawing other vehicles but not so constructed as to carry a load other 9 than a part of the weight of the vehicle and load so drawn. 10 (10) "True mileage driven" means the mileage of the vehicle as registered 11 by the odometer within the manufacturer's designed tolerance.
AS1092|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999Moved by Frasure Seconded by Boatright IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1092 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, in line 11, delete "," and 3 insert: ",", and also in line 11, delete "within the same or adjacent4county" and insert: "within the same or adjacent county"; in line 12, 5 delete "as the principal place of business," and insert: "as the 6 principal place of business,"; and in line 18, following "locations.", insert: 7 " The adjacent county restriction shall not apply if the dealer holds the 8 franchise for the products to be displayed or sold and has approval from a 9 manufacturer for the location where the proposed temporary supplemental lot 10 license will be issued by the department. ". 11 CORRECTION TO TITLE 12 On page 1, in line 3, delete "BY REMOVING", delete lines 4 and 5 and 13 insert: "TO PROVIDE AN EXCEPTION TO THE RESTRICTION THAT BUSINESS SHALL BE 14 CONDUCTED IN A COUNTY ADJACENT TO THE COUNTY OF THE PRINCIPAL PLACE OF BUSI- 15 NESS AND TO MAKE TECHNICAL CORRECTIONS.".
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STATEMENT OF PURPOSE
RS08634
This change modifies the definition of "temporary supplement
lot" by removing restriction limiting a licensed dealer from
conducting business in only county or adjacent county to the
principle place of business.
FISCAL NOTE
No identifiable impact on the general fund. This change could
create additional revenues by increased business activity at
State Fairs, Auto shows, and Spring Fairs caused by added sales
activity. Example: The State Fair at Blackfoot is currently
limited to in Bingham County and adjacent counties. Dealers in
such places as Madison, Fremont, Teton, Jefferson, Oneida, Bear
Lake and Franklin etc. are currently excluded. With this change
they would be included.
CONTACT:
Senator Evan Frasure
Phone: 332-1316
STATEMENT OF PURPOSE/ FISCAL NOTE S1092