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Engrossed Version Senate Bill 695 History

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Key: Green = existing Code. Red = new code to be enacted


ENGROSSED

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 695

(By Senators Wooton and Unger)

____________

[Originating in the Committee on the Judiciary;

reported February 26, 2002.]

____________


A BILL to amend article six, chapter seventeen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section five-a, relating to authorizing out-of-state dealers duly licensed in a contiguous state to participate in vehicle shows and exhibitions to the extent that the dealer's home state allows dealers licensed under the laws of this state to participate in vehicle shows in the other state; establishing violation of this section as a misdemeanor offense; and mandating the commissioner of motor vehicles propose or amend legislative rules in order to effectuate the purposes of this section.

Be it enacted by the Legislature of West Virginia:
That article six, chapter seventeen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section five-a, to read as follows:
ARTICLE 6. LICENSING OF DEALERS AND WRECKERS OR DISMANTLERS;
SPECIAL PLATES; TEMPORARY PLATES OR MARKERS, ETC.

§17A-6-5a. Reciprocity for out-of-state dealers; establishing violations of this section as misdemeanor offense; mandating that the commissioner propose or amend legislative rules.

(a) The division may permit a vehicle dealer licensed in another state contiguous to this state to participate in industry wide public vehicle shows and exhibitions subject to the following:
(1) The division determines that the state in which the out- of-state dealer is licensed permits dealers licensed by this state to participate in public vehicle shows and exhibitions under conditions substantially equivalent to the conditions which are imposed upon dealers from that state who participate in public vehicle shows and exhibitions in this state;
(2) The division determines that the out-of-state dealer holds a valid and unrevoked vehicle dealer license from the dealer's home state;
(3) The dealer has secured the permission of its manufacturer; and
(4) The dealer first obtains an off-premises sales permit issued under legislative rules promulgated by the division.
(b) Nothing in this section requires an organizer of a public vehicle show or exhibition to invite or to include an out-of-state vehicle dealer as a participant.
(c) Any person who violates any provision of this section or of the legislative rules promulgated in order to effectuate the purposes of this section or any final order of the commissioner or board is guilty of a misdemeanor offense and is subject to the provisions of sections twenty-five and twenty-five-a of this article.
(d) The commissioner shall propose or amend legislative rules for promulgation, in accordance with the provisions of article three, chapter twenty-nine-a of this code, to effectuate the purposes of this section.
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