H. B. 2340
(By Delegates Caputo and Longstreth)
[Introduced January 12, 2011; referred to the
Committee on Roads and Transportation then the Judiciary.]
A BILL to amend and reenact §17A-6-7 of the Code of West Virginia, 1931, as amended, relating to issuance of renewal license certificate to motor vehicle dealers; and when renewal may be issued to dealers who sell less than eighteen vehicles in a year.
Be it enacted by the Legislature of West Virginia:
That §17A-6-7 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 6. LICENSING OF DEALERS AND WRECKERS OR DISMANTLERS; SPECIAL PLATES; TEMPORARY PLATES OR MARKERS.
§17A-6-7. When application to be made; expiration of license certificate; renewal.
(a) Every license certificate issued in accordance with the provisions of this article shall, unless sooner suspended or revoked, expire on June 30 next following the issuance thereof.
(b) A license certificate may be renewed each year in the same manner, for the same fee as prescribed in section ten of this article and upon the same basis as an original license certificate is issued under section six of this article: Provided, That the commissioner may not renew the license of any new or used motor vehicle dealer who has sold less than eighteen vehicles during the preceding year unless the dealer has had a dealer’s license for the seven prior years subject to the following:
(1) This proviso does not apply to a dealer in the business of selling commercial motor vehicles of a gross vehicle weight of twenty-six thousand one pounds or more;
(2) The commissioner may approve the renewal of a dealer selling less than eighteen vehicles based on a finding of extenuating circumstances including, but not limited to, the illness of the dealer or immediate family, adverse business conditions or sales credited to other types of dealer licenses held by the dealer; and
(3) Any dealer may appeal the commissioner’s refusal to the Motor Vehicle Dealers Advisory Board which may consider extenuating circumstances and approve the renewal.
All applications for the renewal of any license certificate shall be filed with the commissioner at least thirty days before the expiration thereof. Any application for renewal of any license certificate not filed at least thirty days before the expiration may not be renewed except upon payment of the same fee as an original license certificate as prescribed in subsection (a), section ten of this article. The commissioner may allow the delinquent applicant to complete an abbreviated application for renewal in lieu of an original application.
NOTE: The purpose of this bill is to provide situations when renewal license certificate to motor vehicle dealers may be issued to dealers who sell less than eighteen vehicles in a year.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.