GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2005
SESSION LAW 2005-99
HOUSE BILL 786
AN ACT to make technical corrections to the motor vehicle dealers licensing act.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 20-287(a) reads as rewritten:
"(a) License Required. -
It shall be unlawful for any new motor vehicle dealer, used motor vehicle
dealer, motor vehicle sales representative, manufacturer, factory branch,
factory representative, distributor, distributor branch, distributor
representative, or wholesaler to engage in business in this State without first
obtaining a license as provided in this Article. If any motor vehicle dealer
acts as a motor vehicle sales representative, the dealer shall obtain a motor vehicle
sales representative's license in addition to a motor vehicle dealer's license.
A sales representative may have only one license. The license shall show the
name of each the dealer or wholesaler employing the sales
representative. The following license holders may operate as a motor vehicle
dealer without obtaining a motor vehicle dealer's license or paying an
additional fee: a manufacturer, a factory branch, a distributor, and a
distributor branch. Any of these license holders who operates as a motor vehicle
dealer may sell motor vehicles at retail only at an established
salesroom."
SECTION 2. G.S. 20-288(c) reads as rewritten:
"(c) (Effective until January 1, 2006) All licenses that are granted shall expire unless sooner revoked or suspended, on June 30 of the year following date of issue.
(c) (Effective January
1, 2006) All licenses that are granted shall expire be for a
period of one year from the date issued unless sooner revoked
or suspended. The Division shall vary the expiration dates of all licenses
that are granted so that an equal number of licenses expire at the end of each
month, quarter, or other period consisting of one or more months to coincide
with G.S. 20-79(c)."
SECTION 3. G.S. 20-290 reads as rewritten:
"§ 20-290. Licenses to specify places of business; display of license and list of salesmen; advertising.
(a) The license of a motor vehicle dealer shall list each of the dealer's established salesrooms in this State. A license of a manufacturer, factory branch, distributor, distributor branch, or wholesaler shall list each of the license holder's places of business in this State. A license shall be conspicuously displayed at each place of business. In the event the location of a business changes, the Division shall endorse the change of location on the license, without charge.
(b) Each dealer shall
keep a current list of his licensed salesmen, showing the names,
addresses, and serial numbers of their licenses, name of each licensed
salesman, posted in a conspicuous place in each place of business.
(c) Whenever any licensee
places an advertisement in any newspaper or publication, the type and serial
number of license licensee's name shall appear therein.in
the advertisement."
SECTION 4. G.S. 20-291 reads as rewritten:
"§ 20-291. Representatives to carry license and display it on request; license to name employer.
Every person to whom a sales representative, factory
representative, or distributor representative license is issued shall carry the
license when engaged in business, and shall display it upon request. The
license shall state the name of the representative's employer. If the
representative changes employers, the representative shall immediately apply to
the Division for a license that states the name of the representative's new
employer. The fee for issuing a license stating the name of a new employer is one-half
the fee set in G.S. 20-289 for an annual license."
SECTION 5. This act becomes effective January 1, 2006.
In the General Assembly read three times and ratified this the 16th day of June, 2005.
s/ Marc Basnight
President Pro Tempore of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 9:11 p.m. this 21st day of June, 2005