Print Friendly SENATE BILL NO. 1101 – MV dealer/salesman license, suspend
SENATE BILL NO. 1101
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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
|||| 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
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-
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
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.
There will be no fiscal impact on state or local government as a result ot this legislation.
Sen. Cecil Ingram
STATEMENT OF PURPOSE/FISCAL NOTE S 1101