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S1403.......................................by COMMERCE AND HUMAN RESOURCES
MOTOR VEHICLE DEALERS - Amends existing law to require a manufacturer of
motor vehicles to provide at least sixty days notice of intent to establish
an additional dealership or to relocate an existing dealership in certain
areas; and to provide restrictions according to the radius of certain
distances.
02/11 Senate intro - 1st rdg - to printing
02/14 Rpt prt - to Com/HuRes
02/16 Rpt out - rec d/p - to 2nd rdg
02/17 2nd rdg - to 3rd rdg
02/24 3rd rdg - PASSED - 32-0-3
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
Darrington, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Keough,
King-Barrutia, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch,
Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Walton,
Wheeler, Whitworth, Williams
NAYS--None
Absent and excused--Danielson, Davis, Ipsen
Floor Sponsor - Davis
Title apvd - to House
02/25 House intro - 1st rdg - to Bus
03/16 Rpt out - rec d/p - to 2nd rdg
03/17 2nd rdg - to 3rd rdg
03/29 3rd rdg - PASSED - 66-0-4
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy,
Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Judd,
Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader,
Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce,
Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman,
Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman,
Trail, Wheeler, Wood, Zimmermann
NAYS -- None
Absent and excused -- Jaquet, Jones, Pischner, Mr Speaker
Floor Sponsor - Deal
Title apvd - to Senate
03/30 To enrol - rpt enrol - Pres signed
03/31 Sp signed
04/03 To Governor
04/04 Governor signed
Session Law Chapter 184
Effective: 07/01/00
S1403
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1403
BY COMMERCE AND HUMAN RESOURCES COMMITTEE
1 AN ACT
2 RELATING TO MOTOR VEHICLE DEALERS; AMENDING SECTION 49-1616, IDAHO CODE, TO
3 REQUIRE A MANUFACTURER OF MOTOR VEHICLES TO PROVIDE AT LEAST SIXTY DAYS
4 NOTICE OF INTENT TO ESTABLISH AN ADDITIONAL DEALERSHIP OR TO RELOCATE AN
5 EXISTING DEALERSHIP IN CERTAIN AREAS AND TO PROVIDE RESTRICTIONS ACCORDING
6 TO THE RADIUS OF CERTAIN DISTANCES.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 49-1616, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 49-1616. LIMITATIONS ON ESTABLISHING OR RELOCATING DEALERS. (1) In the
11 event that a manufacturer seeks to enter into a franchise establishing an
12 additional dealership or relocating an existing dealership within a radius of
13 ten (10) miles from where the same line is represented, the manufacturer shall
14 in writing, first notify the department and each dealer for the line within
15 the ten (10) mile radius, at least sixty (60) days prior to the addition or
16 relocation, of the intention to establish an additional dealership or to relo-
17 cate an existing dealership within the ten (10) mile radius.
18 (2) This section shall not apply to the relocation of an existing dealer
19 within that dealer's relevant market area, provided that the relocation not be
20 at a site within a radius of seven (7) miles of a licensed franchise for the
21 same line make of vehicle, or if the proposed franchise is to be established
22 at or within a radius of two (2) miles of a location at which a former fran-
23 chise for the same line make of new vehicle had ceased operating within the
24 previous two (2) years. If the seven (7) and two (2) mile exceptions are not
25 applicable, the relocation may still be possible upon notice and resolution of
26 protest under subsections (1) and (3) of this section.
27 (3) A protest may be filed in accordance with the provisions of section
28 49-1617, Idaho Code.
STATEMENT OF PURPOSE
RS 09985
Relating to automobile dealers and manufacturers, this legislation requires that a
manufacturer must provide at least 60 days advance notice of the relocation of an
existing dealership or the addition of a new dealership. The current law provides
for notice to existing dealers, but it is not clear when dealers shall be notified.
This legislation clarifies the time for notice.
FISCAL NOTE
There will be no fiscal impact on state or local government as a result of this
legislation. The manufacturers who would provide the notice required by this
legislation are already required to provide notice of the addition or relocation of
dealers. This legislation should not add to the cost to manufacturers.
CONTACT: Mike Brassey
Phone: 336-7930
Denise Brennan
Idaho Automobile Dealers Association
Phone: 853-4668
STATEMENT OF PURPOSE/FISCAL IMPACT S 1403