HB354 (2012) Detail

Relative to licensure requirements for retail vehicle dealers.


HB 354 – AS INTRODUCED

2011 SESSION

11-0229

05/09

HOUSE BILL 354

AN ACT relative to licensure requirements for retail vehicle dealers.

SPONSORS: Rep. Pepino, Hills 11; Rep. Hikel, Hills 7; Rep. Welch, Rock 8; Rep. Kolodziej, Rock 4

COMMITTEE: Transportation

ANALYSIS

This bill provides that certain established place of business requirements shall not apply to retail vehicle dealers who do not have a general distinguishing number.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11-0229

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to licensure requirements for retail vehicle dealers.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Retail Vehicle Dealers; Definition of Established Place of Business. Amend RSA 259:29-a, III to read as follows:

III. (a) As it applies to a retail vehicle dealer with a general distinguishing number:

[(a)] (1) A business location where the retail vehicle dealer conducts sales during normal business hours; and

[(b)] (2) Such business location is a permanent physical structure that has at least 750 square feet or is primarily dedicated to the business of selling vehicles; and

[(c)] (3) The business location clearly and conspicuously displays the business name of the dealer in letters no less than 10 inches in height, unless prohibited by local zoning; such business signage shall be clearly visible from a traveling vehicle on the adjacent public way, unless an obstruction exists which cannot be remedied.

(b) The requirements of subparagraph (a) shall not apply to a retail vehicle dealer who does not have a general distinguishing number.

2 Dealer License Required. Amend RSA 261:103-a, VII to read as follows:

VII. A retail vehicle dealer who meets the established place of business requirements under RSA 259:29-a, III(a) may include with its application for a dealer license or renewal a request, upon blanks furnished by the department for that purpose, for a general distinguishing number for vehicles owned by such dealer. A retail vehicle dealer who does not meet the established place of business requirements under RSA 259:29-a, III(a) may be licensed under this section but shall not be eligible for a general distinguishing number.

3 Unlicensed Sales Prohibited. Amend RSA 261:103-b to read as follows:

261:103-b Unlicensed Sales Prohibited. No person may sell 5 or more vehicles at retail to the general public in any consecutive 12-month period unless the person has [an established place of business and] a valid dealer license issued under RSA 261:103-a.

4 Repeal. 2010, 290:7, relative to unlicensed sales by certain retail vehicle dealers, is repealed.

5 Effective Date. This act shall take effect 60 days after its passage.