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.
________
(NOTE: The purpose of this bill is to allow the division to
authorize out-of-state dealers to participate in public vehicle
shows or exhibitions under conditions of reciprocity if the home
state of the out-of-state dealers allows West Virginia dealers to
likewise participate in public vehicle shows or exhibitions on a
reciprocal basis. The bill also establishes a violation of this
section as a misdemeanor offense and mandates the promulgation of
legislative rules by the commissioner of the division of motor
vehicles to effectuate the purposes of this section.
This section is new; therefore, strike-throughs and
underscoring have been omitted.)