2001 Legislation
Print Friendly

SENATE BILL NO. 1101 – MV dealer/salesman license, suspend

SENATE BILL NO. 1101

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



S1101.....................................................by TRANSPORTATION
MOTOR VEHICLE DEALER/SALESMAN - Adds to existing law to provide for an
emergency suspension of a motor vehicle dealer's or salesman's license.
                                                                        
02/09    Senate intro - 1st rdg - to printing
02/12    Rpt prt - to Transp
02/21    Rpt out - to 14th Ord
02/28    Rpt out NOT amen
    Recommitted - to Transp

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1101
                                                                        
                                BY TRANSPORTATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO LICENSING OF MOTOR VEHICLE DEALERS AND SALESMEN; AMENDING  CHAPTER
  3        16, TITLE 49, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 49-1618A, IDAHO
  4        CODE,  TO  PROVIDE  FOR  EMERGENCY  SUSPENSION OF A DEALER'S OR SALESMAN'S
  5        LICENSE; AND AMENDING CHAPTER 16, TITLE 49, IDAHO CODE, BY THE ADDITION OF
  6        A NEW SECTION 49-1637, IDAHO CODE, TO PROVIDE A PENALTY FOR  VIOLATION  OF
  7        LAW.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That  Chapter  16,  Title 49, Idaho Code, be, and the same is
 10    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 11    ignated as Section 49-1618A, Idaho Code, and to read as follows:
                                                                        
 12        49-1618A.  EMERGENCY  LICENSE  SUSPENSION.  (1)  The provisions of section
 13    49-1618(1), Idaho Code, notwithstanding, when reasonable cause exists to  pro-
 14    tect  the  public  from harm, the director, upon recommendation from the motor
 15    vehicle dealer advisory board, may issue an  emergency  order  to  immediately
 16    suspend  a  license  issued  pursuant  to this chapter, and shall send written
 17    notification by certified mail to the licensee at the address on  record  with
 18    the department.
 19        (2)  For  the  purposes of this section, "cause" means there is reasonable
 20    belief that the licensee has committed multiple violations of any of the  fol-
 21    lowing provisions of law:
 22        (a)  Chapter 6, title 48, Idaho Code, on consumer protection;
 23        (b)  Chapter 5, title 49, Idaho Code, on vehicle titles;
 24        (c)  Section  49-1418,  Idaho  Code,  on unauthorized seizures or sales of
 25        vehicles or vessels, or tampering with certain vehicle numbers;
 26        (d)  This chapter 16, title 49, Idaho Code, on licensing  of  dealers  and
 27        salesmen; or
 28        (e)  Any federal law or regulation relating to odometers.
 29        (3)  When a license is suspended as provided in this section, the licensee
 30    shall have the right to request a hearing within ten (10) business days of the
 31    service  of  the  suspension  order to determine the validity of the emergency
 32    suspension order issued by the director.
 33        (4)  Upon receipt of a written request from the licensee,  the  department
 34    shall fix a day within three (3) business days from the date of receipt of the
 35    hearing  request when it will receive evidence and argument as to the validity
 36    of the emergency license suspension order issued by the director.
 37        (5)  All hearings shall be held in Ada County, Idaho, and  shall  be  con-
 38    ducted  as provided in subsections (5) and (6) of section 49-1618, Idaho Code.
 39    A record or tape or other recording device shall be made and preserved,  pend-
 40    ing final disposition of the matter.
                                                                        
 41        SECTION  2.  That  Chapter  16,  Title 49, Idaho Code, be, and the same is
 42    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
                                                                        
                                           2
                                                                        
  1    ignated as Section 49-1637, Idaho Code, and to read as follows:
                                                                        
  2        49-1637.  VIOLATIONS. Unless otherwise specifically provided, it is a mis-
  3    demeanor  punishable  by a fine of up to one thousand dollars ($1,000) for any
  4    licensee or person to violate any provision of this chapter.

Statement of Purpose / Fiscal Impact


                         STATEMENT OF PURPOSE
 
                             RS 11019
                                 
                                 
 Relating to motor vehicle dealer licenses, this legislation creates a procedure to allow the
 department director to issue an emergency order to immediately suspend a motor vehicle dealer
 license when reasonable cause exists, and providing penalty for violation.
 
 
                           FISCAL NOTE
                                 
 There will be no fiscal impact on state or local government as a result ot this legislation.
 
 
 
 
   
 
 
 
 CONTACT:
 Sen. Cecil Ingram 
 Phone: (208)332-1332
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 STATEMENT OF PURPOSE/FISCAL NOTE                                                      S 1101