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S1100.....................................................by TRANSPORTATION
MOTOR VEHICLES - RESALE - Adds to existing law to provide that a vehicle
dealer who takes possession of a vehicle for purposes of resale shall
satisfy all liens perfected at the time of taking possession within a time
certain, unless the owner agrees in writing to directly satisfy all liens;
to provide that no vehicle may be resold until all liens have been
satisfied in full; and to provide a penalty.
02/09 Senate intro - 1st rdg - to printing
02/12 Rpt prt - to Transp
02/21 Rpt out - rec d/p - to 2nd rdg
02/22 2nd rdg - to 3rd rdg
02/26 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Danielson, Darrington, Deide, Dunklin, Frasure,
Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, Lee, Lodge, Noh,
Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth, Williams,
NAYS -- None
Absent and excused -- Davis, King-Barrutia
Floor Sponsor -- Ingram
Title apvd - to House
02/27 House intro - 1st rdg - to Transp
03/15 Rpt out - rec d/p - to 2nd rdg
03/16 2nd rdg - to 3rd rdg
03/19 3rd rdg - PASSED - 70-0-0
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford,
Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen,
Moss, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts,
Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson,
Stone, Swan, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker
NAYS -- None
Absent and excused -- None
Floor Sponsor -- Kunz
Title apvd - to Senate
03/20 To enrol
03/21 Rpt enrol - Pres signed
Sp signed
03/22 To Governor
03/26 Governor signed
Session Law Chapter 190
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1100
BY TRANSPORTATION COMMITTEE
1 AN ACT
2 RELATING TO MOTOR VEHICLE DEALERS; AMENDING CHAPTER 16, TITLE 49, IDAHO CODE,
3 BY THE ADDITION OF A NEW SECTION 49-1609A, IDAHO CODE, TO PROVIDE THAT A
4 LICENSED DEALER TAKING POSSESSION OF A VEHICLE FOR PURPOSES OF RESALE
5 SHALL SATISFY ALL LIENS PERFECTED ON THE VEHICLE AT TIME OF TAKING POSSES-
6 SION WITHIN A TIME CERTAIN, UNLESS THE OWNER AGREES IN WRITING TO DIRECTLY
7 SATISFY ALL LIENS, TO PROVIDE THAT NO SUCH VEHICLE SHALL BE RESOLD OR
8 TRANSFERRED TO ANY RETAIL PURCHASER UNTIL ALL PERFECTED LIENS HAVE BEEN
9 SATISFIED IN FULL AND TO PROVIDE A PENALTY.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Chapter 16, Title 49, Idaho Code, be, and the same is
12 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
13 ignated as Section 49-1609A, Idaho Code, and to read as follows:
14 49-1609A. SATISFACTION OF LIENS PRIOR TO RESALE OF VEHICLE. (1) When a
15 motor vehicle dealer licensed pursuant to this chapter takes possession of a
16 vehicle for purposes of resale, the dealer shall have ten (10) business days
17 from the date of possession to satisfy in full any and all lienholders who are
18 perfected at the time of taking possession, unless the owner relinquishing
19 possession of the vehicle agrees in writing to directly pay the perfected
20 lienholder.
21 (2) No such vehicle shall be resold or transferred to any retail pur-
22 chaser until all perfected liens have been satisfied in full.
23 (3) It shall be a misdemeanor punishable as provided in section 49-236,
24 Idaho Code, for any person or licensee to violate the provisions of this sec-
25 tion.
STATEMENT OF PURPOSE
RS11026
Relating to the time limit allowed licensed vehicle dealers to satisfy existing liens before resale
of a motor vehicle, and providing penalty for violation.
FISCAL NOTE
There will be no fiscal impact on state or local government as a result of this legislation.
CONTACT:
Sen. Cecil Ingram
Phone: (208)332-1332
STATEMENT OF PURPOSE/FISCAL NOTE S 1100