H. B. 2594
(By Delegates Douglas, Kuhn, Butcher,
Hatfield, Manchin, Prunty and Leggett)
[Originating in the Committee on Government Organization]
[February 28, 2001]
A BILL to amend and reenact section eighteen-a, article six,
chapter seventeen-a of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; and to further amend said
article by adding thereto a new section, designated section
eighteen-b, relating to continuing the motor vehicle dealers
advisory board.
Be it enacted by the Legislature of West Virginia:
That section eighteen-a, article six, chapter seventeen-a of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and that said article be further
amended by adding thereto a new section, designated section
eighteen-b, all to read as follows:
ARTICLE 6. LICENSING OF DEALERS AND WRECKERS OR DISMANTLERS; SPECIAL PLATES; TEMPORARY PLATES OR MARKERS, ETC.
§17A-6-18a. Motor vehicle dealers advisory board.
(a) There is created a motor vehicle dealers advisory board to
assist and to advise the commissioner on the administration of laws
regulating the motor vehicle industry; to work with the
commissioner in developing new laws, rules or policies regarding
the motor vehicle industry; and to give the commissioner such
further advice and assistance as he or she may from time to time
require.
The board shall consist of nine members and the commissioner
of motor vehicles, or his or her representative, who shall be an ex
officio member. Two members shall represent new motor vehicle
dealers, with one of these two members representing dealers that
sell less than one hundred new vehicles per year; one member shall
represent used motor vehicle dealers; one member shall represent
wrecker/dismantler/rebuilders; one member shall represent
automobile auctions; one member shall represent recreational
dealers; one member shall represent the West Virginia attorney
general's office; and two members shall represent consumers. All
of the representatives, except the attorney general representative
who shall be designated by the attorney general, shall be appointed
by the governor with the advice and consent of the Senate, with no more than five representatives being from the same political party.
The appointed members shall serve without compensation.
The terms of the board members shall be for three years
commencing the first day of July, one thousand nine hundred ninety-
six. Two members shall be appointed to serve one year, two members
shall be appointed to serve two years and five members shall be
appointed to serve three years. Successive appointments shall be
for the full three years. The attorney general representative
shall serve continuously.
The board shall meet at least four times annually and at the
call of the commissioner.
Notwithstanding the provisions of article ten, chapter four of this
code, the motor vehicle dealers advisory board shall continue until
the first day of July, two thousand one.
(b) The commissioner shall consult with the board before he or
she takes any disciplinary action against a dealer, an automobile
auction or a license service to revoke, or suspend a license, place
the licensee on probation or levy a civil penalty, unless the
commissioner determines that the consultation would endanger a
criminal investigation.
(c) The commissioner may consult with the board by mail, by
facsimile, by telephone or at a meeting of the board, but the commissioner is not bound by the recommendations of the board. The
commissioner shall give members seven days from the date of a
mailing or other notification to respond to proposed actions,
except in those instances when the commissioner determines that the
delay in acting creates a serious danger to the public's health or
safety or would unduly compromise the effectiveness of the action.
(d) No action taken by the commissioner shall be subject to
challenge or rendered invalid on account of his or her failure to
consult with the board.
§17A-6-18b. Continuation of board
After having conducted a performance audit through its joint
committee on government operations, pursuant to article ten,
chapter four of this code, the Legislature hereby finds and
declares that the motor vehicle dealers advisory board should be
continued and reestablished. Accordingly, notwithstanding the
provisions of said article, the motor vehicle dealers advisory
board shall continue to exist until the first day of July, two
thousand four, unless sooner terminated, continued or reestablished
by act of the Legislature.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates language that would be
added.
Section eighteen-b is new; therefore, strike-throughs and
underscoring have been omitted.
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