H. B. 2964
(By Delegates Caputo, Manchin and Longstreth)
[Introduced March 5, 2009; 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.