Bill Summary – FastDemocracy

WEST VIRGINIA LEGISLATURE
REGULAR SESSION
              Introduced Senate Bill 455
             By Senator Phillips [Introduced January 24, 2023; referred to the Committee on Transportation and Infrastructure]
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  A BILL to amend and reenact §17A-6-1 of the Code of West Virginia, 1931, as amended, relating
             to modifying certain used car restrictions.
     Be it enacted by the Legislature of West Virginia:
     ARTICLE 6. LICENSING OF DEALERS AND WRECKERS OR DISMANTLERS;
                SPECIAL         PLATES;         TEMPORARY           PLATES          OR       MARKERS.
     §17A-6-1. Definitions.
             (a) Unless the context in which used clearly requires a different meaning, as used in this
  article:
             (1) "New motor vehicle dealer" means every person (other than agents and employees, if
  any, while acting within the scope of their authority or employment), engaged in, or held out to the
  public to be engaged in, the business in this state of selling five or more new motor vehicles or new
  and used motor vehicles in any fiscal year of a type required to be registered under the provisions
  of this chapter, except, for the purposes of this article only, motorcycles.
             (2) "Used motor vehicle dealer" means every person (other than agents and employees, if
  any, while acting within the scope of their authority or employment), engaged in, or held out to the
 public to be engaged in, the business in this state of selling five or more used motor vehicles in any
 fiscal year of a type required to be registered under the provisions of this chapter, except, for the
 purposes of this article only, motorcycles.
            (3) "House trailer dealer" means every person (other than agents and employees, if any,
 while acting within the scope of their authority or employment), engaged in, or held out to the
 public to be engaged in, the business in this state of selling new or used house trailers, or both, or
 new or used, or both, house trailers and trailers or new or used, or both, manufactured homes and
 mobile homes.
            (4) "Trailer dealer" means every person (other than agents and employees, if any, while
 acting within the scope of their authority or employment), engaged in, or held out to the public to be
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 engaged in, the business in this state of selling new or used trailers.
           (5) "Motorcycle dealer" means every person (other than agents and employees, if any,
 while acting within the scope of their authority or employment), engaged in, or held out to the
 public to be engaged in, the business in this state of selling new or used motorcycles.
           (6) "Used parts dealer" means every person (other than agents and employees, if any,
 while acting within the scope of their authority or employment), engaged in, or held out to the
 public to be engaged in, the business in this state of selling any used appliance, accessory,
 member, portion or other part of any vehicle.
           (7) "Wrecker/dismantler/rebuilder" means every person (other than agents and
 employees, if any, while acting within the scope of their authority or employment), engaged in, or
 held out to the public to be engaged in, the business in this state of dealing in wrecked or damaged
 motor vehicles or motor vehicle parts for the purpose of selling the parts thereof or scrap therefrom
 or who is in the business of rebuilding salvage motor vehicles for the purpose of resale to the
 public.
           (8) "New motor vehicles" means all motor vehicles, except motorcycles and used motor
 vehicles, of a type required to be registered under the provisions of this chapter.
           (9) "Used motor vehicles" means all motor vehicles, except motorcycles, of a type required
 to be registered under the provisions of this chapter which have been sold and operated, or which
 have been registered or titled, in this or any other state or jurisdiction.
           (10) "House trailers" means all trailers designed and used for human occupancy on a
 continual nonrecreational basis, but may not include fold-down camping and travel trailers, mobile
 homes or manufactured homes.
           (11) "Trailers" means all types of trailers other than house trailers, and shall include, but not
 be limited to, pole trailers and semitrailers but excluding recreational vehicles.
           (12) "Sales instrument" means any document resulting from the sale of a vehicle, which
 shall include, but not be limited to, a bill of sale, invoice, conditional sales contract, chattel
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 mortgage, chattel trust deed, security agreement or similar document.
         (13) "Sell", "sale" or "selling", in addition to the ordinary definitions of the terms, includes
 offering for sale, soliciting sales of, negotiating for the sale of, displaying for sale or advertising for
 sale, any vehicle, whether at retail, wholesale or at auction. "Selling", in addition to the ordinary
 definition of that term, also includes buying and exchanging.
         (14) "Applicant" means any person making application for an original or renewal license
 certificate under the provisions of this article.
         (15) "Licensee" means any person holding any license certificate issued under the
 provisions of this article.
         (16) "Predecessor" means the former owner or owners or operator or operators of any new
 motor vehicle dealer business or used motor vehicle dealer business.
         (17) "Established place of business" means, in the case of a new motor vehicle dealer, a
 permanent location, not a temporary stand or other temporary quarters, owned or leased by the
 licensee or applicant and actually occupied or to be occupied by him or her, as the case may be,
 which is or is to be used exclusively for the purpose of selling new motor vehicles or new and used
 motor vehicles, which shall have space under roof for the display of at least one new motor vehicle
 and facilities and space therewith for the servicing and repair of at least one motor vehicle, which
 servicing and repair facilities and space is adequate and suitable to carry out servicing and to
 make repairs necessary to keep and carry out all representations, warranties and agreements
 made or to be made by the dealer with respect to motor vehicles sold by him or her, which is easily
 accessible to the public, which conforms to all applicable laws of this state and the ordinances of
 the municipality in which it is located, if any, which displays thereon at least one permanent sign,
 clearly visible from the principal public street or highway nearest the location and clearly stating
 the business which is or shall be conducted thereat, and which has adequate facilities to keep,
 maintain and preserve records, papers and documents necessary to carry on the business and to
 make the business available to inspection by the commissioner at all reasonable times: Provided,
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 That each established place of business shall have a display area which may be outside or inside
 or a combination thereof of at least one thousand two hundred square feet which is to be used
 exclusively for the display of vehicles which are offered for sale by the dealer, office space of at
 least one hundred forty-four square feet and a telephone listed in the name of the dealership. Each
 established place of business shall be open to the public a minimum of twenty hours per week at
 least forty weeks per calendar year with at least ten of those hours being between the hours of
 9:30 a.m. and 8:30 p.m., Monday through Saturday: Provided, however, That the requirement of
 exclusive use is met even though: (A) Some new and any used motor vehicles sold or to be sold by
 the dealer or sold or are to be sold at a different location or locations not meeting the definition of
 an established place of business of a new motor vehicle dealer, if each location is or is to be served
 by other facilities and space of the dealer for the servicing and repair of at least one motor vehicle,
 adequate and suitable as aforesaid, and each location used for the sale of some new and any
 used motor vehicles otherwise meets the definition of an established place of business of a used
 motor vehicle dealer; (B) house trailers, trailers or motorcycles are sold or are to be sold thereat, if,
 subject to the provisions of section five of this article, a separate license certificate is obtained for
 each type of vehicle business, which license certificate remains unexpired, unsuspended and
 unrevoked; (C) farm machinery is sold thereat; (D) accessory, gasoline and oil, or storage
 departments are maintained thereat, if the departments are operated for the purpose of furthering
 and assisting in the licensed business or businesses; and (E) the established place of business
 has an attached single residential rental unit with an outside separate entrance and occupied by a
 person or persons with no financial or operational interest in the dealership where the established
 place of business has space under roof for the display of at least three new motor vehicles and
 facilities and space therewith for the concurrent servicing and repair of at least two motor vehicles
 and otherwise meets the requirements set forth in this subdivision.
         (18) "Farm machinery" means all machines and tools used in the production, harvesting or
 care of farm products.
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         (19) "Established place of business", in the case of a used motor vehicle dealer, means a
  permanent location, not a temporary stand or other temporary quarters, owned or leased by the
 licensee or applicant and actually occupied or to be occupied by him or her, as the case may be,
 which is or is to be used exclusively for the purpose of selling used motor vehicles, which shall
 have facilities and space therewith for the servicing and repair of at least one motor vehicle, which
 servicing and repair facilities and space shall be adequate and suitable to carry out servicing and
 to make repairs necessary to keep and carry out all representations, warranties and agreements
 made or to be made by the dealer with respect to used motor vehicles sold by him or her, which is
 easily accessible to the public, conforms to all applicable laws of this state, and the ordinances of
 the municipality in which it is located, if any, which displays thereon at least one permanent sign,
 clearly visible from the principal public street or highway nearest the location and clearly stating
 the business which is or shall be conducted thereat, and which has adequate facilities to keep,
 maintain and preserve records, papers and documents necessary to carry on the business and to
 make the business available to inspection by the commissioner at all reasonable times: Provided,
 That each established place of business shall have a display area which may be outside or inside
 or a combination thereof of at least one thousand two hundred square feet which is to be used
 exclusively for the display of vehicles which are offered for sale by the dealer, office space of at
 least one hundred forty-four square feet and a telephone listed in the name of the dealership. Each
 established place of business shall be open to the public a minimum of twenty hours per week at
 least forty weeks per calendar year with at least ten of those hours being between the hours of
 9:30 a.m. and 8:30 p.m., Monday through Saturday: Provided, however, That if a used motor
 vehicle dealer has entered into a written agreement or agreements with a person or persons
 owning or operating a servicing and repair facility or facilities adequate and suitable as aforesaid,
 the effect of which agreement or agreements is to provide the servicing and repair services and
 space in like manner as if the servicing and repair facilities and space were located in or on the
 dealer's place of business, then, so long as the agreement or agreements are in effect, it is not
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 necessary for the dealer to maintain the servicing and repair facilities and space at the place of
 business in order for the place of business to be an established place of business as herein
 defined: Provided further, That the requirement of exclusive use is met even though: (A) House
 trailers, trailers or motorcycles are sold or are to be sold thereat, if, subject to the provisions of
 section five of this article, a separate license certificate is obtained for each type of vehicle
 business, which license certificate remains unexpired, unsuspended and unrevoked; (B) farm
 machinery is sold thereat; (C) accessory, gasoline and oil, or storage departments are maintained
 thereat, if the departments are operated for the purpose of furthering and assisting in the licensed
 business or businesses; and (D) the established place of business has an attached single
 residential rental unit with an outside separate entrance and occupied by a person or persons with
 no financial or operational interest in the dealership where the established place of business has
 space under roof for the display of at least three motor vehicles and facilities and space therewith
 for the concurrent servicing and repair of at least two motor vehicles and otherwise meets the
 requirements set forth herein.
          (20) "Established place of business", in the case of a house trailer dealer, trailer dealer,
 recreational vehicle dealer, motorcycle dealer, used parts dealer and wrecker or dismantler,
 means a permanent location, not a temporary stand or other temporary quarters, owned or leased
 by the licensee or applicant and actually occupied or to be occupied by the licensee, as the case
 may be, which is easily accessible to the public, which conforms to all applicable laws of this state
 and the ordinances of the municipality in which it is located, if any, which displays thereon at least
 one permanent sign, clearly visible from the principal public street or highway nearest the location
 and clearly stating the business which is or shall be conducted thereat, and which has adequate
 facilities to keep, maintain and preserve records, papers and documents necessary to carry on the
 business and to make the business available to inspection by the commissioner at all reasonable
 times.
          (21) "Manufacturer" means every person engaged in the business of reconstructing,
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 assembling or reassembling vehicles with a special type body required by the purchaser if the
 vehicle is subject to the title and registration provisions of this code.
         (22) "Transporter" means every person engaged in the business of transporting vehicles to
 or from a manufacturing, assembling or distributing plant to dealers or sales agents of a
 manufacturer, or purchasers.
         (23) "Recreational vehicle dealer" means every person (other than agents and employees,
 if any, while acting within the scope of their authority or employment), engaged in, or held out to the
 public to be engaged in, the business in this state of selling new or used recreational vehicles, or
 both.
         (24) "Motorboat" means any vessel propelled by an electrical, steam, gas, diesel or other
 fuel-propelled or -driven motor, whether or not the motor is the principal source of propulsion, but
 does not include a vessel which has a valid marine document issued by the bureau of customs of
 the United States government or any federal agency successor thereto.
         (25) "Motorboat trailer" means every vehicle designed for or ordinarily used for the
 transportation of a motorboat.
         (26) "All-terrain vehicle" (ATV) means any motor vehicle designed for off-highway use and
 designed to travel on not less than three low-pressure or nonhighway tires, is fifty inches or less in
 width and intended by the manufacturer to be used by a single operator or is specifically designed
 by the manufacturer with seating for each passenger. "All-terrain vehicle" and "ATV" does not
 include mini trucks, golf carts, riding lawnmowers or tractors.
         (27) "Travel trailer" means every vehicle, mounted on wheels, designed to provide
 temporary living quarters for recreational, camping or travel use of such size or weight as not to
 require special highway movement permits when towed by a motor vehicle and of gross trailer
 area less than four hundred square feet.
         (28) "Fold-down camping trailer" means every vehicle consisting of a portable unit
 mounted on wheels and constructed with collapsible partial sidewalls which fold for towing by
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 another vehicle and unfold at the camp site to provide temporary living quarters for recreational,
 camping or travel use.
        (29) "Motor home" means every vehicle, designed to provide temporary living quarters,
 built into an integral part of or permanently attached to a self-propelled motor vehicle, chassis or
 van including: (1) Type A motor home built on an incomplete truck chassis with the truck cab
 constructed by the second-stage manufacturer; (2) Type B motor home consisting of a van-type
 vehicle which has