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S1342.....................................................by TRANSPORTATION CAR DEALERS - Amends existing law to revise the definition of "temporary supplemental lot"; 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; and to permit nonfranchised dealers to display or sell products. 02/02 Senate intro - 1st rdg - to printing 02/03 Rpt prt - to Com/HuRes 02/09 Rpt out - ref'd to Transp 02/11 Rpt out - rec d/p - to 2nd rdg 02/14 2nd rdg - to 3rd rdg 02/18 3rd rdg - PASSED - 34-0-1 AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams NAYS--None Absent and excused--Branch Floor Sponsor - Frasure Title apvd - to House 02/21 House intro - 1st rdg - to Transp 02/29 Rpt out - rec d/p - to 2nd rdg 03/01 2nd rdg - to 3rd rdg 03/02 3rd rdg - PASSED - 64-0-6 AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer(Tiegs), Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler, Wood, Zimmermann NAYS -- None Absent and excused -- Boe, Gould, Hadley, Judd, Marley, Mr Speaker Floor Sponsors - Hansen(23), Kunz Title apvd - to Senate 03/03 To enrol 03/06 Rpt enrol - Pres signed 03/07 Sp signed - To Governor 03/13 Governor signed Session Law Chapter 31 Effective: 07/01/00
S1342|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE SENATE SENATE BILL NO. 1342 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, TO PER- 6 MIT NONFRANCHISED DEALERS TO DISPLAY OR SELL PRODUCTS AND TO MAKE TECHNI- 7 CAL CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 49-121, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 49-121. DEFINITIONS -- T. 12 (1) "Temporary supplemental lot" means a location other than the princi- 13 pal place of business, or supplemental lot within the same or adjacent county 14 as the principal place of business, where a licensed dealer may secure a 15 license to conduct the business and is licensed for a period of time not to 16 exceed ten (10) days for a specific purpose such as auto shows, auctions, 17 shopping center promotions, tent sales, etc. Temporary supplemental lots shall 18 meet all local zoning and building codes for the type of business being con- 19 ducted. The requirements for a principal place of business shall not be appli- 20 cable to temporary supplemental lot locations. The adjacent county restric- 21 tion shall not apply if the dealer holds the franchise for the products to be 22 displayed or sold and has approval from a manufacturer for the location where 23 the proposed temporary supplemental lot license will be issued by the depart- 24 ment. Nonfranchised dealers shall be permitted to temporarily display or sell 25 their products within a one hundred seventy-five (175) mile radius of their 26 principal place of business, upon approval by the department. 27 (2) "Tires" means: 28 (a) Metal. Every tire the surface of which in contact with the highway is 29 wholly or partly of metal or other hard, nonresilient material. 30 (b) Pneumatic. Every tire in which compressed air is designed to support 31 the load. 32 (c) Snow tire. Every rubber tire with tread design or material embedded 33 in the tire to improve winter traction except studded tires. 34 (d) Solid rubber. Every tire of rubber or other resilient material which 35 does not depend upon compressed air for the support of the load. 36 (e) Studded tire. Every tire with built-in lugs of tungsten carbide or 37 other suitable material designed to contact the road surface for improved 38 winter traction. 39 (3) "Traffic" means pedestrians, ridden or herded animals, vehicles, 40 streetcars and other conveyances either singly or together while using any 41 highway for purposes of travel. 42 (4) "Traffic lane" or "lane of travel" means that portion of the roadway 43 for movement of a single line of vehicles. 2 1 (5) "Traffic-control device" means any device, whether manually, electri- 2 cally or mechanically operated, placed or erected by authority of a public 3 body or official having jurisdiction, for the purpose of regulating, warning 4 or guiding traffic. 5 (6) "Trailer" means: 6 (a) General. Every vehicle without motive power designed for carrying 7 persons or property and for being drawn by a motor vehicle. 8 (b) Fifth-wheel trailer. A vehicular unit equipped in the same manner as 9 a travel trailer but constructed with a raised forward section that allows 10 a bi-level floor plan. This style is designed to be towed by a vehicle 11 equipped with a device known as a fifth-wheel hitch, which is typically 12 installed in the bed of a pickup truck. 13 (c) Fold down camping trailer. A vehicular portable unit mounted on 14 wheels and constructed with collapsible partial side walls, which fold for 15 towing by another vehicle and unfold at the campsite to provide temporary 16 living quarters, for recreational, camping or travel use. 17 (d) Park trailer. A trailer designed to be towed by a motorized vehicle, 18 and of such size and weight as not to require a special highway movement 19 permit. It is designed for seasonal or temporary living quarters and may 20 be connected to utilities necessary for operation of installed fixtures 21 and appliances. It is built on a single permanent chassis and constructed 22 to permit set up by persons without special skills. 23 (e) Pole trailer. Every vehicle without motive power designed to be drawn 24 by another vehicle and attached to the towing vehicle by means of a reach 25 or pole or by being boomed or otherwise secured to the towing vehicle, and 26 ordinarily used for transporting long or irregularly shaped loads such as 27 poles, pipes, or structural members capable, generally, of sustaining 28 themselves as beams between the supporting connections. 29 (f) Semitrailer. Every vehicle without motive power, designed for carry- 30 ing persons or property and for being drawn by a motor vehicle and so con- 31 structed that some part of its weight and that of its load rests upon or 32 is carried by the towing vehicle. 33 (g) Travel trailer. A vehicular unit, mounted on wheels designed to pro- 34 vide temporary living quarters for recreational, camping, travel or emer- 35 gency use and of such size or weight as not to require special highway 36 movement permits when towed by a motorized vehicle. 37 (h) Utility trailer. (See "Utility Trailer,",section 49-122, Idaho Code) 38 (7) "Transportation,",for the purposes of chapter 22,of thistitle 49, 39 Idaho Code, means the movement of any regulated quantity of hazardous material 40 or hazardous waste within, through, or to any destination in this state upon 41 the highways of this state. 42 (8) "Transporter" means every person engaged in the business of deliver- 43 ing vehicles of a type required to be registered from a manufacturing, assem- 44 bling or distributing plant to dealers or sales agents of a manufacturer, 45 except in chapter 22, title 49, Idaho Code, where it means any person who 46 transports a hazardous material or hazardous waste within, through, or to any 47 destination upon the highways of this state. 48 (9) "Truck" means: 49 (a) Refuse/sanitation. Any vehicle designed and used solely for the pur- 50 pose of transporting refuse. 51 (b) General. Every motor vehicle exceeding eight thousand (8,000) pounds 52 gross weight designed, used or maintained primarily for the transportation 53 of property. 54 (c) Pickup truck. Every motor vehicle eight thousand (8,000) pounds gross 55 weight or less which is designed, used or maintained primarily for the 3 1 transportation of property. 2 (d) Truck camper. A portable unit constructed to provide temporary living 3 quarters for recreational, travel or camping use, consisting of a roof, 4 floor, and sides, designed to be loaded onto and unloaded from the bed of 5 a pickup truck. 6 (e) Truck tractor. Every motor vehicle designed and used primarily for 7 drawing other vehicles but not so constructed as to carry a load other 8 than a part of the weight of the vehicle and load so drawn. 9 (10) "True mileage driven" means the mileage of the vehicle as registered 10 by the odometer within the manufacturer's designed tolerance. 11 SECTION 2. This act shall be in full force and effect on and after July 12 1, 2000.
STATEMENT OF PURPOSE RS 09468 This legislation will expand the definitions of "temporary supplemental lot" to include language which will allow licensed Idaho Franchised Dealers to operate "temporary supplemental lots "anywhere in the state allowed by their franchise agreement. Non-franchised dealers would be limited to operate "temporary supplemental lots' within 175 miles of their principle place of business. The purpose is to solve problems in law that does not allow Idaho Businesses to display products at events such as state fairs and trade shows. FISCAL NOTE This has no direct effect on State General Funds or other State Budgets. Indirectly has the potential to increase tax revenues through enhanced business activity. CONTACT: Senator Evan Frasure Phone: 332-1315 STATEMENT OF PURPOSE/ FISCAL NOTE S 1342