H. B. 4445
(By Delegates Rodighiero and Louisos)
[Introduced February 11, 2010
; referred to the
Committee on Roads and Transportation then the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §17A-6-18c, relating
to prohibiting the granting of a license for a new motor
vehicle dealership, or the relocation of an existing new motor
vehicle dealership, within a ten mile radius of a former
dealership whose franchise was revoked by the manufacturer for
grounds other than those provided; and allowing the granting
of a license for a dealership within that ten-mile radius if
the manufacturer can show proof that the franchise was offered
to the original franchisee and the original franchisee refused
the offer.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §17A-6-18c to read as
follows:
ARTICLE 6. LICENSING OF DEALERS AND WRECKERS OR DISMANTLERS; SPECIAL PLATES; TEMPORARY PLATES OR MARKERS.
§17A-6-18c. Establishing new motor vehicle dealership or
relocating existing dealership after franchise revoked by
manufacturer on or after January 1, 2009.
(a) Except as provided in subsection (b) of this section, if
a dealer licensed under this article has its franchise revoked by
the manufacturer on or after January 1, 2009, for grounds other
than those provided in section eighteen of this article, the
commissioner may not grant a new motor vehicle dealer license
establishing a new motor vehicle dealership, or relocating an
existing new motor vehicle dealership, within a ten-mile radius of
a location at which a former licensed new motor vehicle dealer for
the same line make of new motor vehicles had its franchise revoked.
(b) If the manufacturer can show proof that the franchise was
offered to the original franchisee at substantially similar terms
as offered to other potential buyers, and the original franchisee
refused the offer, then the prohibition in subsection (a) of this
section does not apply and the commissioner may grant a new motor
vehicle dealer license within the ten-mile radius described in
subsection (a) of this section.
NOTE: The purpose of this bill is to prohibit the granting of
a license for a new motor vehicle dealership, or the relocation of an existing new motor vehicle dealership, within a ten-mile radius
of a former dealership whose franchise was revoked by the
manufacturer for grounds other than those provided. The bill allows
the granting of a license for a dealership within that ten-mile
radius if the manufacturer can show proof that the franchise was
offered to the original franchisee and the original franchisee
refused the offer.
§17A-6-18c is new; therefore, it has been completely
underscored.
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