Print Friendly SENATE BILL NO. 1342 – Car dealer, temp supplemental lot
SENATE BILL NO. 1342
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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
|||| 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
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.
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
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.
This has no direct effect on State General Funds or other State Budgets.
Indirectly has the potential to increase tax revenues through enhanced
CONTACT: Senator Evan Frasure
STATEMENT OF PURPOSE/ FISCAL NOTE S 1342