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