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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 definitions. 02/06 Senate intro - 1st rdg - to printing 02/07 Rpt prt - to Transp
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1378 BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO MOTOR VEHICLE DEALER AND SALESMEN LICENSING; AMENDING SECTION 3 49-1602, IDAHO CODE, TO REVISE THE POWERS AND DUTIES OF THE IDAHO TRANS- 4 PORTATION DEPARTMENT BY DELETING REQUIREMENTS RELATING TO THE POSTING OF 5 CERTAIN INFORMATION AT DEALERS' PRINCIPAL PLACES OF BUSINESS; AND AMENDING 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or one (1) 21 or more of the stockholders or officers of a corporation, was previously the 22 holder of a license which was revoked or suspended, and the license revoked 23 never reissued or the suspended license never reinstated, or that one (1) or 24 more of the partners, stockholders, or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 2 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-43tions operated and maintained by him in conjunction with his principal place44of business, have erected or posted signs or devices providing information45relating to the dealer's name, location and address of the principal place of46business, 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. 3 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 established11 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 4 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 5 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. 6 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 adealer ormanufacturer 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: 7 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 8 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 at17 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, andin which building21 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 ofand 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 orbuildingcommercial 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 floor31of that hotel, apartment house, or rooming house building or dwelling house be32devoted principally to and occupied for commercial purposes, and the office or33offices 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 9 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
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
consumers.
FISCAL IMPACT
There is no fiscal impact associated with this proposal.
Contact
Name: Amy Smith, Idaho Transportation Department
Phone: 334-8660
STATEMENT OF PURPOSE/FISCAL NOTE S 1378