2008 Legislation
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SENATE BILL NO. 1378<br /> – MV dealer, principal place business


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S1378.....................................................by TRANSPORTATION
MOTOR VEHICLE DEALERS - Amends existing law relating to motor vehicle
dealer and salesmen licensing to revise powers of the Idaho Transportation
Department by deleting requirements relating to the posting of certain
information at dealers' principal places of business; and to revise

02/06    Senate intro - 1st rdg - to printing
02/07    Rpt prt - to Transp

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008


                                       IN THE SENATE

                                    SENATE BILL NO. 1378

                                BY TRANSPORTATION COMMITTEE

  1                                        AN ACT
  6        SECTIONS 49-105, 49-106 AND 49-117, IDAHO CODE, TO REVISE DEFINITIONS.

  7    Be It Enacted by the Legislature of the State of Idaho:

  8        SECTION  1.  That  Section 49-1602, Idaho Code, be, and the same is hereby
  9    amended to read as follows:

 10        49-1602.  ADMINISTRATION -- POWERS AND DUTIES. The department shall:
 11        (1)  Issue, and for reasonable cause shown, refuse to issue  an  applicant
 12    any  license  authorized  under the provisions of this chapter. The department
 13    may refuse to issue a license to any applicant, other than  a  partnership  or
 14    corporation, if the applicant fails to comply with the terms and provisions of
 15    this chapter or the rules of the board, or if the applicant has been convicted
 16    of  a  violation  of any of the provisions of this chapter or chapter 5, title
 17    49, or section 49-1418 or chapter 6, title 48, Idaho Code, or of  any  federal
 18    odometer  law or regulation. Should the applicant be a partnership or a corpo-
 19    ration, the department may refuse to issue a license to the applicant where it
 20    determines that one (1) or more of the partners of a partnership, or  one  (1)
 21    or  more  of the stockholders or officers of a corporation, was previously the
 22    holder of a license which was revoked or suspended, and  the  license  revoked
 23    never  reissued  or the suspended license never reinstated, or that one (1) or
 24    more of the partners, stockholders, or officers,  though  not  previously  the
 25    holder  of a license, has violated any of the provisions of this chapter or of
 26    an applicable rule or regulation, or of federal  motor  vehicle  safety  stan-
 27    dards.
 28        (2)  For  just  cause  shown, revoke or suspend, on terms, conditions, and
 29    for a period of time as the department  shall  consider  fair  and  just,  any
 30    license  or  licenses  issued  pursuant  to the provisions of this chapter. No
 31    license shall be revoked or suspended unless it shall be shown that the licen-
 32    see has violated a provision of this chapter or of an applicable rule or regu-
 33    lation, or of federal motor vehicle safety standards.
 34        (3)  On its own motion, upon the sworn complaint of any  person,  investi-
 35    gate any suspected or alleged violation by a licensee of any of the provisions
 36    of this chapter or of an applicable rule or regulation.
 37        (4)  Prescribe  forms for applications for licenses and qualifications for
 38    an applicant for licensure. Every application for a license shall contain,  in
 39    addition to other information required by the department, the following:
 40        (a)  The  name  and residence address of the applicant and the trade name,
 41        if any, under which he intends to conduct his business. If  the  applicant
 42        is a copartnership, the name and residence address of each member, whether
 43        a  limited  or  general  partner, and the name under which the partnership


  1        business is to be conducted. If the applicant is a corporation,  the  name
  2        of the corporation and the name and address of each of its principal offi-
  3        cers and directors.
  4        (b)  A complete description, including the city with the street number, of
  5        the  principal  place  of  business and any other and additional places of
  6        business operated and maintained by the applicant in conjunction with  the
  7        principal place of business.
  8        (c)  Copies  of  any letters of franchise for new vehicles that the appli-
  9        cant has been enfranchised to sell or exchange, and the name or names  and
 10        addresses  of  the  manufacturer  or  distributor who has enfranchised the
 11        applicant.
 12        (d)  Names and addresses of the persons who shall act  as  salesmen  under
 13        the authority of the license, if issued.
 14        (e)  A  copy  of  the  certificate  of assumed business name, if required,
 15        shall be filed with the secretary of state.
 16        (f)  For a manufacturer's license, the name or names and addresses of each
 17        and every distributor, factory branch, and factory representative.
 18        (g)  For a salesman's license, certification by the  dealer  by  whom  the
 19        salesman  will  be  employed,  that  he has examined the background of the
 20        applicant, and to the best of the dealer's knowledge, is qualified  to  be
 21        licensed under the sponsorship of the licensed dealer.
 22        (h)  Before  a  dealer  who  is not exempted from the continuing education
 23        requirements as provided in section 49-1637(2), Idaho Code, may apply  for
 24        a  renewal  of a vehicle dealer's license, he shall provide to the depart-
 25        ment a certification from an accredited educational system, private  voca-
 26        tional  school, correspondence school or trade association approved by the
 27        department stating that the vehicle dealer has satisfied the four (4) hour
 28        continuing education requirements  as  specified  in  section  49-1637(1),
 29        Idaho Code.
 30        (i)  Before any vehicle dealer's license is issued by the department to an
 31        applicant  who  is not licensed with the department as a dealer within the
 32        previous twelve (12) calendar months and who is not exempted from the con-
 33        tinuing education requirements as provided in  section  49-1637(2),  Idaho
 34        Code,  the  applicant shall provide to the department a certification from
 35        an accredited educational institution, private vocational  school,  corre-
 36        spondence  school  or trade association approved by the department stating
 37        that the applicant has satisfactorily completed the open book  examination
 38        requirement specified in section 49-1637(1), Idaho Code.
 39        (5)  Refuse  to issue any license under the provisions of this chapter if,
 40    upon investigation, the department finds that any information contained in the
 41    application is incomplete, incorrect or fictitious.
 42        (6)  Require that a dealer's principal place of business, and other  loca-
 43    tions  operated  and maintained by him in conjunction with his principal place
 44    of business, have erected or posted signs  or  devices  providing  information
 45    relating  to the dealer's name, location and address of the principal place of
 46    business, and the number of the license held by the dealer.
 47        (7)  Provide for regular meetings of the dealer advisory board, to be held
 48    not less frequently than semiannually. Notices of  meetings  of  the  advisory
 49    board  shall be mailed to all members not less than five (5) days prior to the
 50    date on which the meeting is to be held.
 51        (87)  Inspect, prior to licensing, the principal  place  of  business  and
 52    other sites or locations as may be operated and maintained by the applicant.
 53        (98)  Seek  and consider the advisory board's recommendations and comments
 54    regarding proposed rules promulgated for the administration of the  provisions
 55    of this chapter.


  1        (109) Require  the  attendance of not less than one (1) or more than three
  2    (3) advisory board members at all hearings held relating to this chapter.

  3        SECTION 2.  That Section 49-105, Idaho Code, be, and the  same  is  hereby
  4    amended to read as follows:

  5        49-105.  DEFINITIONS -- D. (1) "Dealer" means every person in the business
  6    of buying, selling or exchanging five (5) or more new or used vehicles, new or
  7    used neighborhood electric vehicles, new or used motorcycles, snow machines or
  8    motor  scooters,  travel trailers, all-terrain vehicles, utility type vehicles
  9    or motor homes in any calendar year, either outright or on  conditional  sale,
 10    bailment,  lease,  chattel  mortgage,  or otherwise, or who has an established
 11    principal place of business for the sale, lease, trade, or  display  of  these
 12    vehicles.  No  insurance company, bank, finance company, public utilities com-
 13    pany, or other person coming into possession of any vehicle, as an incident to
 14    its regular business, who shall sell that vehicle under any contractual rights
 15    it may have, shall be considered a dealer. See also  "salvage  pool,"  section
 16    49-120, Idaho Code.
 17        (2)  "Dealer's selling agreement." (See "Franchise," section 49-107, Idaho
 18    Code)
 19        (3)  "Department"   means   the  Idaho  transportation  department  acting
 20    directly or through its duly authorized officers and agents, except  in  chap-
 21    ters  6  and  9,  title  49,  Idaho Code, where the term means the Idaho state
 22    police, except as otherwise specifically provided.
 23        (4)  "Designated family member" means the spouse, child, grandchild,  par-
 24    ent,  brother or sister of the owner of a vehicle dealership who, in the event
 25    of the owner's death, is entitled to inherit the  ownership  interest  in  the
 26    dealership under the same terms of the owner's will, or who has been nominated
 27    in any other written instrument, or who, in the case of an incapacitated owner
 28    of  a dealership, has been appointed by a court as the legal representative of
 29    the dealer's property.
 30        (5)  "Director" means the director of the Idaho transportation department,
 31    except in chapters 6, 9 and 22, title 49, Idaho Code, where the term means the
 32    director of the Idaho state police.
 33        (6)  "Disclose" means to engage in any practice or conduct to make  avail-
 34    able  and  make known personal information contained in records of the depart-
 35    ment about a person to any other person, organization or entity, by any  means
 36    of communication.
 37        (7)  "Disqualification" as defined in 49 CFR part 383, means withdrawal by
 38    the department of commercial vehicle driving privileges.
 39        (8)  "Distributor"  means  any  person,  firm, association, corporation or
 40    trust, resident or nonresident, who has a franchise  from  a  manufacturer  of
 41    vehicles  to  distribute  vehicles  in this state, and who in whole or in part
 42    sells or distributes new vehicles to dealers or who maintains distributor rep-
 43    resentatives.
 44        (9)  "Distributor branch" means a branch office similarly maintained by  a
 45    distributor for the same purposes a factory branch is maintained.
 46        (10) "Distributor  representative"  means  any  person, firm, association,
 47    corporation or trust, and each officer and employee thereof engaged as a  rep-
 48    resentative of a distributor or distributor branch of vehicles for the purpose
 49    of  making or promoting the sale of vehicles, or for supervising or contacting
 50    dealers or prospective dealers.
 51        (11) "District" means:
 52        (a)  Business district. The territory contiguous to and including a  high-
 53        way  when  within  any  six hundred (600) feet along the highway there are


  1        buildings in use for business or industrial  purposes,  including  hotels,
  2        banks  or  office buildings, railroad  stations and public buildings which
  3        occupy at least three hundred (300) feet of frontage on one side or  three
  4        hundred (300) feet collectively on both sides of the highway.
  5        (b)  Residential  district.  The  territory  contiguous to and including a
  6        highway not comprising a business district when the property on the  high-
  7        way  for  a  distance  of  three hundred (300) feet or more is in the main
  8        improved with residences, or residences and buildings in use for business.
  9        (c)  Urban district. The territory contiguous to and including any highway
 10        which is built up with structures devoted to business, industry or  dwell-
 11        ing  houses.  For purposes of establishing speed limits in accordance with
 12        the provisions of section 49-654, Idaho Code, no state highway or any por-
 13        tion thereof lying within the boundaries of an urban district  is  subject
 14        to  the  limitations  which otherwise apply to nonstate highways within an
 15        urban district. Provided, this subsection shall not limit the authority of
 16        the duly elected officials of an  incorporated  city  acting  as  a  local
 17        authority  to  decrease speed limits on state highways passing through any
 18        district within the incorporated city.
 19        (12) "Documented vessel" means a vessel having a valid marine document  as
 20    a vessel of the United States.
 21        (13) "Drag  race"  means  the operation of two (2) or more vehicles from a
 22    point side by side at accelerating speeds in a competitive attempt to  outdis-
 23    tance  each  other, or the operation of one (1) or more vehicles over a common
 24    selected course, from the same point to the same point,  for  the  purpose  of
 25    comparing  the relative speeds or power of acceleration of the vehicles within
 26    a certain distance or time limit.
 27        (14) "Driver" means every person who drives or is in actual physical  con-
 28    trol of a vehicle.
 29        (15) "Driver's license" means a license or permit issued by the department
 30    or  by any other jurisdiction to an individual which authorizes the individual
 31    to operate a motor vehicle or commercial motor  vehicle  on  the  highways  in
 32    accordance with the requirements of title 49, Idaho Code.
 33        (16) "Driver's  license  --  Classes of" are issued for the operation of a
 34    vehicle based on the size of the vehicle or the type of load and mean:
 35        (a)  Class A. This license shall be issued and valid for the operation  of
 36        any  combination of motor vehicles with a manufacturer's gross combination
 37        weight rating (GCWR) in excess of  twenty-six  thousand  (26,000)  pounds,
 38        provided  the  manufacturer's  gross  vehicle  weight rating (GVWR) of the
 39        vehicle(s) being towed is in excess of ten thousand (10,000) pounds.  Per-
 40        sons holding a valid class A license may also operate vehicles requiring a
 41        class B, C or D license.
 42        (b)  Class  B. This license shall be issued and valid for the operation of
 43        any single vehicle with  a  manufacturer's  gross  vehicle  weight  rating
 44        (GVWR) in excess of twenty-six thousand (26,000) pounds, or any such vehi-
 45        cle  towing  a  vehicle  not  in  excess  of  ten thousand (10,000) pounds
 46        manufacturer's gross vehicle weight rating (GVWR). Persons holding a valid
 47        class B license may also operate vehicles requiring a class C license or a
 48        class D license.
 49        (c)  Class C. This license shall be issued and valid for the operation  of
 50        any single vehicle or combination of vehicles that does not meet the defi-
 51        nition  of class A or class B, as defined in this section, but that either
 52        is designed to transport sixteen (16) or more people including the driver,
 53        or is of any size which does not meet the definition of class A or class B
 54        and is used in the transportation  of  materials  found  to  be  hazardous
 55        according  to the hazardous material transportation act and which requires


  1        the motor vehicle to be placarded under the  federal  hazardous  materials
  2        regulations  49  CFR  part 172, subpart F. Persons holding a valid class C
  3        license may also operate vehicles requiring a class D license.
  4        (d)  Class D. This license shall be issued and valid for the operation  of
  5        a  motor  vehicle  that  is not a commercial vehicle as defined in section
  6        49-123, Idaho Code.
  7        (e)  "Seasonal driver's license" means a special restricted class B  or  C
  8        driver's  license  to  operate certain commercial vehicles in farm-related
  9        industries under restrictions imposed by the department. As used  in  this
 10        definition,  "farm-related  industry"  shall  mean custom harvesters, farm
 11        retail outlets  and  suppliers,  agri-chemical  businesses  and  livestock
 12        feeders.  Seasonal  driver's  licenses  are not valid for driving vehicles
 13        carrying any quantities of hazardous material requiring placarding, except
 14        for diesel fuel in quantities of one thousand  (1,000)  gallons  or  less,
 15        liquid  fertilizers,  i.e.,  plant nutrients, in vehicles or implements of
 16        husbandry with total capacities of three thousand (3,000) gallons or less,
 17        and solid fertilizers, i.e., solid plant nutrients,  that  are  not  mixed
 18        with any organic substance.
 19        (17) "Driver  record"  means  any  record that pertains to an individual's
 20    driver's license, driving permit, driving privileges, driving history, identi-
 21    fication documents or other similar credentials issued by the department.
 22        (18) "Driver's license endorsements" means special authorizations that are
 23    required to be displayed on a driver's license  which  permit  the  driver  to
 24    operate  certain  types  of commercial vehicles or commercial vehicles hauling
 25    certain types of cargo, or to operate a motorcycle or a school bus.
 26        (a)  "Endorsement T -- Double/Triple trailer" means  this  endorsement  is
 27        required  on a class A, B or C license to permit the licensee to operate a
 28        vehicle authorized to tow more than one (1) trailer.
 29        (b)  "Endorsement H --  Hazardous  material"  means  this  endorsement  is
 30        required on a class A, B or C license if the driver is operating a vehicle
 31        used in the transportation of materials found to be hazardous according to
 32        the  hazardous  material  transportation  act and which requires the motor
 33        vehicle to be placarded under the federal hazardous materials  regulations
 34        49 CFR part 172, subpart F.
 35        (c)  "Endorsement  P -- Passenger" means this endorsement is required on a
 36        class A, B or C license to  permit  the  licensee  to  operate  a  vehicle
 37        designed to transport sixteen (16) or more people including the driver.
 38        (d)  "Endorsement N -- Tank vehicle" means this endorsement is required on
 39        a  class  A,  B  or  C license to permit the licensee to operate a vehicle
 40        which is designed to transport any liquid or gaseous  materials  within  a
 41        tank  that  is  either permanently or temporarily attached to the vehicle.
 42        Such vehicles include, but are not limited to, cargo  tanks  and  portable
 43        tanks,  as defined in federal regulations 49 CFR part 171. This definition
 44        does not include portable tanks having a rated capacity under one thousand
 45        (1,000) gallons.
 46        (e)  "Endorsement M -- Motorcycle" means this endorsement is required on a
 47        driver's license to permit the driver to operate a motorcycle.
 48        (f)  "Endorsement S -- School bus" means this endorsement is required on a
 49        class A, B or C license to permit the licensee to operate a school bus  in
 50        accordance  with 49 CFR part 383, to transport preprimary, primary or sec-
 51        ondary school students from home  to school, from school to  home,  or  to
 52        and  from  school-sponsored events. School bus does not include a bus used
 53        as a common carrier.
 54        (19) "Driveway" means a private road giving access from a public way to  a
 55    building on abutting grounds.


  1        (20) "Dromedary  tractor" means every motor vehicle designed and used pri-
  2    marily for drawing a semitrailer and so constructed  as  to  carry  manifested
  3    cargo in addition to a part of the weight of the semitrailer.

  4        SECTION  3.  That  Section  49-106, Idaho Code, be, and the same is hereby
  5    amended to read as follows:

  6        49-106.  DEFINITIONS --  E.  (1)  "Electric  personal  assistive  mobility
  7    device"  means  a  self-balancing two (2) nontandem wheeled device designed to
  8    transport only one (1) person, with an electric propulsion system that  limits
  9    the maximum speed of the device to fifteen (15) miles per hour or less.
 10        (2)  "Emergency vehicle." (See "Vehicle," section 49-123, Idaho Code)
 11        (3)  "Encumbrance." (See "Lien," section 49-113, Idaho Code)
 12        (4)  "EPA" means the environmental protection agency of the United States.
 13        (5)  "Essential parts" means all integral and body parts of a vehicle of a
 14    type  required  to  be  registered, the removal, alteration or substitution of
 15    which would tend to conceal the identity of the vehicle or substantially alter
 16    its appearance, model, type or mode of operation.
 17        (6)  "Established place of business" means a place occupied either contin-
 18    uously or at regular periods by a dealer or manufacturer where his  books  and
 19    records are kept and a large share of his business is transacted.
 20        (7)  "Excessive"  or  "unusual  noise" means any sound made by a passenger
 21    motor vehicle or a motorcycle at any time under any condition of grade, speed,
 22    acceleration or deceleration, which exceeds ninety-two (92) decibels,  or  any
 23    lower  decibel  level  that  is  fixed by law or rules adopted by the board of
 24    health and welfare, on the "A" scale of a general  radio  company  No.  1551-B
 25    sound  level  meter,  or  equivalent, stationed at a distance of not less than
 26    twenty (20) feet to the side of a vehicle or  motorcycle  as  the  vehicle  or
 27    motorcycle  passes  the  soundmeter  or is stationed not less than twenty (20)
 28    feet from a stationary motor or engine.
 29        (8)  "Excessive speed" means any speed of fifteen (15) miles per  hour  or
 30    more  above  the  posted  speed limit, and is only for purposes of determining
 31    disqualification of commercial driving privileges.
 32        (9)  "Executive head," as used in chapter 20, title 49, Idaho Code,  means
 33    the governor of the state of Idaho.
 34        (10) "Explosives"  means  any chemical compound or mechanical mixture that
 35    is commonly used or intended for the purpose of  producing  an  explosion  and
 36    which contains any oxidizing and combustive units or other ingredients in pro-
 37    portions, quantities or packing that an ignition by fire, by friction, by con-
 38    cussion,  by percussion or by detonator of any part of the compound or mixture
 39    may cause a sudden generation of highly heated gases with which the  resultant
 40    gaseous  pressures  are capable of producing destructive effects on contiguous
 41    objects or of destroying life or limb.
 42        (11) "Extraordinary circumstances" means any situation where an  emergency
 43    exists or public safety is endangered, or any situation in which a vehicle:
 44        (a)  Is blocking or impeding traffic; or
 45        (b)  Is causing a hazard; or
 46        (c)  Has the potential of impeding any emergency vehicle; or
 47        (d)  Is impeding any snow removal or other road maintenance operation; or
 48        (e)  Has been stolen but not yet reported as recovered; or
 49        (f)  Is not registered, or displays a license plate registration tag which
 50        has been expired.

 51        SECTION  4.  That  Section  49-117, Idaho Code, be, and the same is hereby
 52    amended to read as follows:


  1        49-117.  DEFINITIONS -- P. (1) "Park" or "parking" means the standing of a
  2    vehicle, whether occupied or not, other than temporarily for  the  purpose  of
  3    and while actually engaged in loading or unloading property or passengers.
  4        (2)  "Park trailer." (See "Trailer," section 49-121, Idaho Code)
  5        (3)  "Part-time  salesman" means any person employed as a vehicle salesman
  6    on behalf of a dealer less than thirty (30) hours per week.
  7        (4)  "Peace officer." (See section 19-5101(d), Idaho Code)
  8        (5)  "Pedestrian" means any person afoot and any person operating a wheel-
  9    chair or a motorized wheelchair or an  electric  personal  assistive  mobility
 10    device.
 11        (6)  "Pedestrian  path" means any path, sidewalk or way set-aside and used
 12    exclusively by pedestrians.
 13        (7)  (a) "Person" means every natural person, firm, fiduciary,  copartner-
 14        ship, association, corporation, trustee, receiver or assignee for the ben-
 15        efit  of  creditors,  political subdivision, state or federal governmental
 16        department, agency, or instrumentality, and for the purposes of chapter 22
 17        of this title shall include a private, common or contract carrier  operat-
 18        ing a vehicle on any highway of this state.
 19        (b)  "Person with a disability" means:
 20             (i)   A  person  who is unable to walk two hundred (200) feet or more
 21             unassisted by another person;
 22             (ii)  A person who is unable to walk two hundred (200) feet  or  more
 23             without  the  aid  of  a  walker,  cane, crutches, braces, prosthetic
 24             device or a wheelchair; or
 25             (iii) A person who is unable to walk two hundred (200) feet  or  more
 26             without  great  difficulty or discomfort due to the following impair-
 27             ments: neurological, orthopedic, respiratory, cardiac, arthritic dis-
 28             order, blindness, or the loss of function or absence of a limb.
 29             (iv)  For the purposes of chapters 3 and 4 of this  title,  a  person
 30             with a permanent disability is one whose physician certifies that the
 31             person  qualifies as a person with a disability pursuant to this sub-
 32             section (7)(b), and further certifies that there  is  no  expectation
 33             for  a  fundamental or marked change in the person's condition at any
 34             time in the future.
 35        (8)  "Personal information" means information that identifies an  individ-
 36    ual,  including an individual's photograph or computerized image, social secu-
 37    rity number, driver identification number, name,  address,  telephone  number,
 38    and  medical  or  disability  information, but does not include information on
 39    vehicular accidents, driving or  equipment-related violations, the  five-digit
 40    zip  code  of the person's address, or status of the driver's license or motor
 41    vehicle registration.
 42        (9)  "Pneumatic tire." (See "Tires," section 49-121, Idaho Code)
 43        (10) "Pole trailer." (See "Trailer," section 49-121, Idaho Code)
 44        (11) "Possessory lien" means a lien dependent upon possession for  compen-
 45    sation  to which a person is legally entitled for making repairs or performing
 46    labor upon, and furnishing supplies or materials  for,  and  for  the  towing,
 47    storage, repair, or safekeeping of, any vehicle of a type subject to registra-
 48    tion.
 49        (12) "Possessory  lienholder"  means any person claiming a lien, that lien
 50    claimed to have accrued on a basis of services rendered to the  vehicle  which
 51    is the subject of the lien.
 52        (13) "Preceding  year"  means,  for  the purposes of section 49-435, Idaho
 53    Code, a period of twelve (12) consecutive  months  fixed  by  the  department,
 54    prior to July 1 of the year immediately preceding the commencement of the reg-
 55    istration  or  license year for which proportional registration is sought. The


  1    department in fixing the period shall make it conform to the terms, conditions
  2    and requirements of any applicable agreement or arrangement  for  the  propor-
  3    tional registration of vehicles.
  4        (14) "Pressure regulator valve" means a device or system which governs the
  5    load  distribution and controls the weight borne by a variable load suspension
  6    axle in accordance with a predetermined valve setting.
  7        (15) "Principal place of business" means an enclosed permanent  commercial
  8    structure built upon a permanent set foundation located within the state, eas-
  9    ily  accessible  and  open  to  the  public  at all reasonable times, which is
 10    equipped with:
 11        (a)  Permanently installed utilities to include power, water and  one  (1)
 12        or more operational restrooms;
 13        (b)  A hard wire landline telephone; and
 14        (c)  Aan  improved  display  area large enough to display five (5) or more
 15        vehicles of the type the dealer is licensed to sell, immediately adjoining
 16        the building., and at
 17    The principal place of business shall also be the structure in which the busi-
 18    ness of a dealer, including the display and repair of vehicles,  may  be  law-
 19    fully  carried  on  in  accordance  with  the terms of all applicable building
 20    codes, zoning and other land-use regulatory ordinances, and in which  building
 21    where the public shall be able to contact the dealer or his salesmen in person
 22    or  by telephone at all reasonable times, and at which place of and the books,
 23    records and files necessary to conduct the business shall be kept and securely
 24    maintained. the books, records and files necessary to  conduct  the  business.
 25    The  principal  place  of  business shall display an exterior sign permanently
 26    affixed to the land or building commercial  structure,  with  letters  clearly
 27    visible to the major avenue of traffic. In no event shall a room or rooms in a
 28    hotel,  rooming  house, or apartment house building or a part of any single or
 29    multiple unit dwelling house be considered a  "principal  place  of  business"
 30    within  the terms and provisions of this title. unless the entire ground floor
 31    of that hotel, apartment house, or rooming house building or dwelling house be
 32    devoted principally to and occupied for commercial purposes, and the office or
 33    offices of the dealer be located on the ground floor.
 34        (16) "Private property open to the public" means real property  not  owned
 35    by the federal government or the state of Idaho or any of its political subdi-
 36    visions, but is available for vehicular traffic or parking by the general pub-
 37    lic with the permission of the owner or agent of the real property.
 38        (17) "Private  road"   means  every  way or place in private ownership and
 39    used  for vehicular travel by the owner and those having  express  or  implied
 40    permission from the owner, but not by other persons.
 41        (18) "Proof  of  financial  responsibility"  means   proof  of  ability to
 42    respond in damages for liability, on account of accidents occurring subsequent
 43    to the effective date of the proof, arising out of the ownership,  maintenance
 44    or  use  of  a  motor  vehicle,  in the amount of twenty-five thousand dollars
 45    ($25,000) because of bodily injury to or death of one (1) person  in  any  one
 46    (1)  accident,  and, subject to the limit for one (1) person, in the amount of
 47    fifty thousand dollars ($50,000) because of bodily injury to or death  of  two
 48    (2)  or  more  persons  in  any one (1) accident, and in the amount of fifteen
 49    thousand dollars ($15,000) because of injury to or destruction of property  of
 50    others in any one (1) accident.
 51        (19) "Proper authority" means a public highway agency.
 52        (20) "Public  highway  agency"  means the state transportation department,
 53    any city, county, highway district or any other state agency which has  juris-
 54    diction over public highway systems and public rights-of-way.
 55        (21) "Public  right-of-way"  means  a  right-of-way open to the public and


  1    under the jurisdiction of a public highway agency, where  the  public  highway
  2    agency has no obligation to construct or maintain said right-of-way for vehic-
  3    ular traffic.
  4        (22) "Public road jurisdiction" means a public highway agency.
  5        (23) "Purchase."  (See  "Sell,"  "sold,"  and "buy," section 49-120, Idaho
  6    Code)

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                             RS 17346

This proposal will modify the definition of "Principal Place of
Business" outlined in Idaho Code 49-117(15), relating to
licensing vehicle and vessel dealers.  It adds requirements to
include that the commercial structure be sitting on a foundation
and must have permanently installed utilities including power,
water, restroom and a hardwired telephone.  Current definition
outlines only general requirements of an "enclosed commercial
structure," limited amenities within the structure, and the
"improved display area."

Currently, due to the lack of detailed requirements in code,
combined with a wide variation of local ordinances, dealerships
have been licenses in places such as commercial storage units,
portable storage sheds, camp trailers, garages and other
facilities which can be easily moved or dismantled without
notice, leaving consumers without a way to contact or locate
dealers when problems arise.

This legislation will also remove language which allows a
licensed Idaho dealership to be co-located in a building which is
used as a domestic or rooming house, hotel type dwelling.

This legislation has been brought forward as requested by the
Dealer Advisory Board in an effort to ensure that uniform minimum
requirements be established and that dealers to be licensed have
a vested interest in their business, further protecting

                          FISCAL IMPACT

There is no fiscal impact associated with this proposal.

Name:  Amy Smith, Idaho Transportation Department
Phone: 334-8660

STATEMENT OF PURPOSE/FISCAL NOTE                        S 1378