WEST virginia legislature

2018 regular session

Committee Substitute

for

House Bill 4494

By Delegates Byrd, Cowles, Miley, Shott, Pushkin, Harshbarger, Rowe, McGeehan, Robinson and Ward  

[Reported down February 23, 2018]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17A-6A-10a, relating to authorizing certain motor vehicle manufacturers to operate as new car dealers; and providing conditions necessary for that authorization to be granted.

Be it enacted by the Legislature of West Virginia:

§17A-6A-10a. Authorizing manufacturer direct sales of motor vehicles.

Notwithstanding any other code provision to the contrary, a manufacturer may be licensed and operate as a new motor vehicle dealer in this state if the manufacturer:

(a) Has been manufacturing zero emissions motor vehicles since at least 2008;

(b) Manufactures or assembles zero emissions motor vehicles exclusively and has never sold its line make of motor vehicles in this state through a franchised new motor vehicle dealer; and

(c) Has not acquired a controlling interest either in a franchisor or in a subsidiary or other entity controlled by a franchisor; nor, may that manufacturer have sold or transferred a controlling interest in such manufacturer to a franchisor, or a subsidiary or other entity controlled by such franchisor.

NOTE: The purpose of this bill is to authorize certain zero emission motor vehicle manufacturers to operate as new car dealers in West Virginia.

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