H. B. 2770
(By Delegates Caputo, Longstreth, Manchin
[Introduced March 1, 2013; referred to the
Committee on Roads and Transportation then Finance.]
A BILL to amend and reenact §17A-6-7 of the Code of West Virginia,
1931, as amended, relating to permitting dealers who sell
fewer than eighteen new or used motor vehicles during a year
to have their dealer licenses renewed.
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
(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 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, 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 permit dealers who sell
fewer than eighteen new or used motor vehicles during a year to
have their dealer licenses renewed.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would