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Introduced Version House Bill 3204 History

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hb3204 intr
H. B. 3204


(By Delegates Campbell, Amores and Canterbury)
[Introduced March 24, 2005; referred to the
Committee on Roads and Transportation then Finance.]




A BILL to amend and reenact §17A-6-5 and §17A-6-5a of the Code of West Virginia, 1931, as amended, all relating to new recreational vehicles; creating an exemption for certain out- of-state dealers and manufacturers from certain license requirements; and authorizing certain out-of-state dealers and manufacturers to participate in and sell at certain limited forums in the state.

Be it enacted by the Legislature of West Virginia:
That §17A-6-5 and §17A-6-5a of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 6. LICENSING OF DEALERS AND WRECKERS, ETC.
§17A-6-5. License certificate exemption.
(a) Any new motor vehicle dealer, used motor vehicle dealer, house trailer dealer, trailer dealer, recreational vehicle dealer, motorcycle dealer or wrecker/dismantler/rebuilder receiving a vehicle in trade of a type other than that he or she is licensed to sell hereunder may sell such vehicle without obtaining a license certificate to engage in the business of selling vehicles of such this type and without being considered to be a dealer in vehicles of such this type.
(b) Any used motor vehicle dealer may obtain a new motor vehicle from a new motor vehicle dealer licensed in this state or any other state and sell the new motor vehicle without first obtaining a license to engage in the business of selling new motor vehicles: Provided, That the used motor vehicle dealer first titles the new motor vehicle in the name of the used motor vehicle dealer.
(c) An out-of-state new recreational vehicle dealer or manufacturer may sell motor homes in this state pursuant to the provisions of subsection (e), section five-a of this article, without first obtaining a license to engage in the business of selling new motor vehicles as required by this article.
§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 or manufacturer as a participant.
(c) Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than five hundred dollars or confined in the regional or county jail for not more than six months, or both.
(d) In addition to any penalty imposed pursuant to subsection (c) of this section, any person violating the provisions of this section may be subject to a civil penalty as provided for in section twenty-five-a of this article.
(e) Notwithstanding the provisions of subsection (a) of this section, the Division shall permit an out-of-state new recreational vehicle dealer or manufacturer to participate in and sell new motor homes at an industry-wide public vehicle show or exhibition if the provisions of subdivisions (1) and either (2) or (3) of this subsection apply.
(1) The show or exhibition is an activity or exhibit of an annual fair that:
(A) Has been in existence for at least eighty years and lasts for up to fifteen continuous days;
(B) Cultivates agriculture and industry in the state and is intended for and operates with state-wide participation; and
(C) Is conducted by an organization that is exempt from Federal Income taxation under subsection 501(a) and described in subsection 501(c) of this Internal Revenue Code.
(2) The new recreational vehicle dealer:
(A) Is licensed in another state to participate in industry-wide public vehicle shows and exhibitions in that state; and
(B) Holds a valid and unrevoked vehicle dealer license from the dealer's home state; and
(C) Has secured the permission of its manufacturer.
(3) The new vehicle manufacturer is licensed in another state to participate in industry-wide public vehicle shows and exhibitions.
(e) (f) The Commissioner shall propose 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.



NOTE: The purpose of this bill is to create an exemption for certain out-of-state dealers and manufacturers from certain license requirements; and authorizing certain out-of-state dealers and manufacturers to participate in and sell at certain limited forums in the state.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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