HB 2648 Text

H. B. 2648

(By Delegates Wallace, Rowe, Givens, Compton,

Osborne and Ball)
[Introduced February 22, 1995; referred to the
Committee on Roads and Transportation then
Finance.]

A BILL 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; certificate required; engaging in more than one business; penalties.

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; existing licenses.
(a) No person ~~shall~~ may 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 ~~shall~~ first ~~obtain~~ 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 license certificate and special plates issued by the commissioner under the former provisions of article six or article seven or section six, article ten of this chapter, and which have not been canceled, suspended or revoked prior to the effective date of this article shall be governed by the provisions of this article and shall remain valid until their expiration, unless such license certificate is sooner suspended or revoked in accordance with the provisions of this article.
(d) Any person who violates this section shall in addition to any other penalty prescribed by law be subject to a civil penalty in an amount not to exceed one thousand dollars for the first violation, and two thousand dollars for the second violation and five thousand dollars for every violation thereafter. The commissioner or any investigators designated by him or her and any law-enforcement officers of the state acting at the commissioner's request may investigate and report to the commissioner violations of this section. The civil penalty provided for herein shall be levied by the commissioner upon receipt of information sufficient to convince the commissioner that the person has violated this section. The penalty shall become final within thirty days after the date a notice of violation and penalty is sent by certified mail to the person who is found to have violated this section unless before the thirty-day period expires the person notifies the commissioner that he or she appeals the order and requests a hearing thereon. Upon receipt of a request for hearing the commissioner shall grant a stay of the enforcement of the penalty pending the results of the hearing. If the commissioner makes and enters an order after the hearing affirming the penalty the persons affected shall be entitled to judicial review as set forth in chapter twenty-nine-a of this code, and, pending the appeal, the court may grant a stay or supersede as of the order. Any penalty imposed hereunder which has become final shall have the same force and effect as a final judgment issued by a circuit court of this state and may be enforced in the same manner as the judgment.

NOTE: The purpose of this bill is to penalize motor vehicle dealers who engage in the business without the required license certificate.

ROADS AND TRANSPORTATION COMMITTEE AMENDMENT

On page three, section three, line five, by striking out everything following the word "thereafter" and inserting in lieu thereof the following:
"(e) The commissioner shall promulgate legislative 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."

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