WEST virginia legislature
2020 regular session
House Bill 4479
By Delegate Butler
[By Request of the Division of Motor Vehicles]
[Introduced January 22, 2020; Referred to the Committee on Technology and Infrastructure then the Judiciary]
A BILL to amend and reenact §17A-6-18a of the Code of West Virginia, 1931, as amended, relating to removing the authority of the Commissioner of the Division of Motor Vehicles to set documentary charges or similar charges motor vehicle dealers may charge consumers for documentary services in relation to securing a title.
Be it enacted by the Legislature of West Virginia:
ARTICLE 6. LICENSING OF DEALERS AND WRECKERS OR DISMANTLERS; SPECIAL PLATES; TEMPORARY PLATES OR MARKERS.
§17A-6-18a. Motor Vehicle Dealers Advisory Board.
(a) There is continued 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;
to advise the commissioner on setting documentary
charges or similar charges motor vehicle dealers may charge consumers for
documentary services in relation to securing a title, which such charges the
commissioner is hereby granted authority to set and to give the
commissioner any further advice and assistance as he or she may, from time to
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 100 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 terms of the board members shall be for 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.
(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 is subject to challenge or rendered invalid on account of his or her failure to consult with the board.
(e) The appointed members shall serve without compensation, however, members are entitled to reimbursement of travel and other necessary expenses actually incurred while engaged in legitimate board activities in accordance with the guidelines of the Travel Management Office of the Department of Administration or its successor agency.
NOTE: The purpose of this bill is to remove the Commissioner of the Division of Motor Vehicles’ authority to set documentary fees motor vehicle dealers may charge consumers for documentary services, and the authority of Motor Vehicle Dealers Advisory Board to advise on those fees.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.