ENROLLED
H. B. 2648
(By Delegates Wallace, Rowe, Givens, Compton,
Osborne and Ball
)
[Passed March 11, 1995; in effect ninety days from passage.]
AN ACT to amend and reenact section three, article six, chapter
seventeen-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to motor vehicle
dealer licenses; separate certificates required for each
business when engaging in more than one business; civil
penalties; and promulgation of rules.
Be it enacted by the Legislature of West Virginia:
That section three, 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, ETC.
PART II. LICENSE CERTIFICATE PROVISIONS.
§17A-6-3. License certificate required; engaging in more than
one
business; established place of business required;
civil penalties.
(a) No person shall engage or represent or advertise that he
or she is engaged or intends to engage in the business of new motor vehicle dealer, used motor vehicle dealer, house trailer dealer,
trailer dealer, recreational vehicle dealer, motorcycle dealer,
used parts dealer, or wrecker or dismantler, in this state, unless
and until he or she first obtains a license certificate therefor as
provided in this article, which license certificate remains
unexpired, unsuspended and unrevoked. Any person desiring to
engage in more than one such business must, subject to the
provisions of section five of this article, apply for and obtain a
separate license certificate for each such business.
(b) Except for the qualification contained in subdivision
(17), subsection (a), section one of this article with respect to
a new motor vehicle dealer, each place of business of a new motor
vehicle dealer, used motor vehicle dealer, house trailer dealer,
trailer dealer, recreational vehicle dealer, motorcycle dealer,
used parts dealer and wrecker or dismantler, must be an established
place of business as defined for such business in said section one.
(c) Any person who violates this section shall, in addition to
any other penalty prescribed by law, be subject to a civil penalty
levied by the commissioner in an amount not to exceed one thousand
dollars for the first violation, two thousand dollars for the
second violation, and five thousand dollars for every subsequent
violation.
(d) The commissioner shall promulgate rules, in accordance
with the provisions of chapter twenty-nine-a of this code,
establishing procedures whereby persons against whom such civil
penalties are to be assessed shall be afforded all due process
required pursuant to the provisions of the West Virginia constitution.