AN ACT TO MODIFY THE REQUIREMENTS FOR MOTOR VEHICLE DEALER RECORDS RETENTION, AVAILABILITY FOR INSPECTION BY THE DIVISION OF MOTOR VEHICLES, AND FORMAT. Enacted June 30, 2016. Effective June 30, 2016.
Bill Summaries: all (2015-2016 Session)
Tracking:
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Bill H 594 (2015-2016)Summary date: Jul 7 2016 - View summary
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Bill H 594 (2015-2016)Summary date: Jun 24 2016 - View summary
Senate committee substitute makes the following changes to the 1st edition.
Changes the long title to AN ACT TO MODIFY THE REQUIREMENTS FOR MOTOR VEHICLE DEALER RECORDS RETENTION, AVAILABILITY FOR INSPECTION BY THE DIVISION OF MOTOR VEHICLES, AND FORMAT.
Changes the short title.
Deletes all provisions of the previous edition and replaces them with the following.
Amends GS 20-297, concerning retention and inspection of certain records by motor vehicle dealers, to provide that a dealer may satisfy the recordkeeping requirements, as specified, by either (1) keeping and maintaining written or paper records (previously, did not specify records be written on paper) at the dealership facility where the vehicles were sold or at another site (previously, at another established office located) within the State provided that the location and name of a designated contact agent are provided to the Division of Motor Vehicles (Division) or (2) maintaining electronic copies of the required records, provided that the Division has access to these electronic records from a location within the State (previously, did not allow for maintaining electronic copies of records to satisfy the recordkeeping requirements). Provides that, for purposes of the statute, the location where dealership written or electronic records are kept and maintained may be owned and operated by a party other than a dealer. Makes technical changes.
Adds new subsection (c) to provide for records format under the statute and allow for records kept and maintained in electronic form without retention of the original or any copies in paper or nonelectronic form.
Directs the Division to adopt rules consistent with the act. Provides that rules adopted pursuant to the statute, as amended, are not subject to GS 150B-19.1(e) (APA requirement for agency to quantify costs and benefits of proposed rule), GS 150B-19.1(f) (APA requirement for agency to determine substantial economic impact of proposed rule), and GS 150B-21.4 (APA requirement of fiscal and regulatory impact analysis on proposed rules).
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Bill H 594 (2015-2016)Summary date: Apr 7 2015 - View summary
Amends the requirements for obtaining a temporary supplemental license for the off-premises sale of antique motor vehicles and specialty motor vehicles found in GS 20-292.1, now requiring license applicants to have a surety bond in the amount of $50,000 from a surety company licensed in North Carolina, in addition to being licensed as a motor vehicle dealer. Provides that the notice required to be given to the Division of Motor Vehicles, which details the specific dates and location for which the temporary license is requested, must be given at least 60 days in advance of such dates. Further requires (1) the minimum of three salespersons licensed under GS Chapter 20, Article 12, to be on site at the time of the off-premises sale, (2) that the event be advertised as an "antique" or "collectors" vehicle sale, and (3) that the required sign that clearly identifies the dealer be posted in a conspicuous location. Also amends the definition for specialty motor vehicle, providing additional language that states that it also means any model or series of motor vehicle for private use manufactured at least 10 years prior to the current model year of which no more than 15,000 vehicles were sold within the United States during the model year the vehicle was manufactured.