2000 Legislation
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SENATE BILL NO. 1342 – Car dealer, temp supplemental lot


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Daily Data Tracking History

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
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
      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

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                       IN THE SENATE
                                    SENATE BILL NO. 1342
                                BY TRANSPORTATION COMMITTEE
  1                                        AN ACT
  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.
  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 this title  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
  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 / Fiscal Impact

                        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