H. B. 3204
(By Delegates Campbell, Amores and Canterbury)
[Introduced March 24, 2005; referred to the
Committee on Roads and Transportation then Finance.]
A BILL to amend and reenact §17A-6-5 and §17A-6-5a of the Code of
West Virginia, 1931, as amended, all relating to new
recreational vehicles; creating an exemption for certain out-
of-state dealers and manufacturers from certain license
requirements; and authorizing certain out-of-state dealers and
manufacturers to participate in and sell at certain limited
forums in the state.
Be it enacted by the Legislature of West Virginia:
That
§17A-6-5 and
§17A-6-5a of the Code of West Virginia,
1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 6. LICENSING OF DEALERS AND WRECKERS, 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 or she is licensed to
sell hereunder may sell such vehicle without obtaining a license
certificate to engage in the business of selling vehicles of such
this type and without being considered to be a dealer in vehicles
of such this 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.
(c) An out-of-state new recreational vehicle dealer or
manufacturer may sell motor homes in this state pursuant to the
provisions of subsection (e), section five-a of this article,
without first obtaining a license to engage in the business of
selling new motor vehicles as required by this article.
§17A-6-5a. Reciprocity for out-of-state dealers; establishing
violations of this section as misdemeanor offense;
mandating that the Commissioner propose or amend
legislative rules.
(a) The Division may permit a vehicle dealer licensed in
another state contiguous to this state to participate in industry
wide public vehicle shows and exhibitions subject to the following:
(1) The Division determines that the state in which the
out-of-state dealer is licensed permits dealers licensed by this
state to participate in public vehicle shows and exhibitions under
conditions substantially equivalent to the conditions which are
imposed upon dealers from that state who participate in public
vehicle shows and exhibitions in this state;
(2) The Division determines that the out-of-state dealer holds
a valid and unrevoked vehicle dealer license from the dealer's home
state;
(3) The dealer has secured the permission of its manufacturer;
and
(4) The dealer first obtains an off-premises sales permit
issued under legislative rules promulgated by the Division.
(b) Nothing in this section requires an organizer of a public
vehicle show or exhibition to invite or to include an out-of-state
vehicle dealer or manufacturer as a participant.
(c) Any person who violates the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than five hundred dollars or confined in the
regional or county jail for not more than six months, or both.
(d) In addition to any penalty imposed pursuant to subsection
(c) of this section, any person violating the provisions of this
section may be subject to a civil penalty as provided for in
section twenty-five-a of this article.
(e) Notwithstanding the provisions of subsection (a) of this
section, the Division shall permit an out-of-state new recreational
vehicle dealer or manufacturer to participate in and sell new motor
homes at an industry-wide public vehicle show or exhibition if the
provisions of subdivisions (1) and either (2) or (3) of this
subsection apply.
(1) The show or exhibition is an activity or exhibit of an
annual fair that:
(A) Has been in existence for at least eighty years and lasts
for up to fifteen continuous days;
(B) Cultivates agriculture and industry in the state and is
intended for and operates with state-wide participation; and
(C) Is conducted by an organization that is exempt from
Federal Income taxation under subsection 501(a) and described in
subsection 501(c) of this Internal Revenue Code.
(2) The new recreational vehicle dealer:
(A) Is licensed in another state to participate in
industry-wide public vehicle shows and exhibitions in that state;
and
(B) Holds a valid and unrevoked vehicle dealer license from
the dealer's home state; and
(C) Has secured the permission of its manufacturer.
(3) The new vehicle manufacturer is licensed in another state
to participate in industry-wide public vehicle shows and exhibitions.
(e) (f) The Commissioner shall propose legislative rules for
promulgation, in accordance with the provisions of article three,
chapter twenty-nine-a of this code, to effectuate the purposes of
this section.
NOTE: The purpose of this bill is to create an exemption for
certain out-of-state dealers and manufacturers from certain license
requirements; and authorizing certain out-of-state dealers and
manufacturers to participate in and sell at certain limited forums
in the state.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.