Senate Bill No. 725
(By Senators Redd, Facemyer, Kessler, McKenzie, Oliverio, Rowe and Ross)

[Originating in the Committee on Transportation;
reported February 26, 2002.]
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A BILL to amend and reenact section five, article six, chapter seventeen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to allowing used motor vehicle dealers to purchase new motor vehicles and to sell the vehicle without first obtaining a new motor vehicle license under certain circumstances.

Be it enacted by the Legislature of West Virginia:
That section five, article six, chapter seventeen-a of the code of West Virginia, one thousand nine hundred thirty-one, 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, ETC.

§17A-6-5. License certificate exemption.
(a) Any new motor vehicle dealer, used motor vehicle dealer, house trailer dealer, trailer dealer, recreational vehicle dealer, motorcycle dealer or wrecker/dismantler/rebuilder receiving a vehicle in trade of a type other than that he is licensed to sell hereunder may sell such vehicle without obtaining a license certificate to engage in the business of selling vehicles of such type and without being considered to be a dealer in vehicles of such type.
(b) Any used motor vehicle dealer may obtain a new motor vehicle from a new motor vehicle dealer licensed in this state or any other state and sell the new motor vehicle without first obtaining a license to engage in the business of selling new motor vehicles: Provided, That the used motor vehicle dealer first titles the new motor vehicle in the name of the used motor vehicle dealer.

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(NOTE: The purpose of this bill is to allow used motor vehicle dealers to purchase a new motor vehicle from a new motor vehicle dealer and sell the vehicle without first obtaining a new motor vehicle license under certain circumstances.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.)