Bill Summary for S 385 (2019-2020)
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View NCGA Bill Details | 2019-2020 Session |
AN ACT TO CLARIFY MOTOR VEHICLE DEALER REGULATORY REQUIREMENTS.Intro. by B. Jackson.
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Bill summary
Amends GS 20-287, permitting an individual who has submitted an application to the Division of Motor Vehicles (DMV) for a sales representative license under GS 20-288(a) to engage in activities as a sales representative while the application is pending so long as the individual is actively and directly supervised by a licensed motor vehicle dealer or a licensed sales representative. Makes conforming changes to add any supervised sales representative who has submitted an application for licensure to the scope of the prohibitions set out in GS 20-306, regarding unlawful transactions, as specified.
Amends GS 20-288, adding new requirements for applications for new motor vehicle dealer licenses, including requiring the application to be accompanied by an application for a dealer license plate, and for the applicant to certify whether the applicant or any parent, subsidiary, affiliate, or any other entity related to the applicant is a manufacturer, factory branch, factory representative, distributor, distributor branch, distributor representative, or wholesaler, and if so, whether the applicant contends it qualifies for a motor vehicle dealer license under any exception to the prohibition on issuance of the license to any manufacturer and the like under GS 20-305.2(a).
Adds a similar certification requirement for applications for used motor vehicle dealer licenses, requiring the applicant to certify whether the applicant or any entity having common ownership or affiliation with the applicant is a motor vehicle manufacturer, factory branch, factory representative, distributor, distributor branch, distributor representative, or wholesaler, and if so, whether the applicant contends it qualifies for a motor vehicle dealer license under any exception to the prohibition on issuance of the license to any manufacturer and the like under GS 20-305.2(a).
Now requires the DMV to publish notice in the NC Register upon submission of any license application or renewal application by a manufacturer, factory branch, factory representative, distributor, distributor branch, distributor representative, or wholesaler. Details requirements of the notice, and prohibits the DMV from approving or issuing a license or renewal to such an entity earlier than 15 days from the date the notice of the license or renewal application was published.
Amends GS 20-58.4, making a secured party who fails or refuses to release a security interest or mail or deliver the certificate of title and release in compliance with subsections (a), (a1), or (b) of the statute (which provides for release and delivery of certificate of title upon satisfaction or other discharge of the security interest) now liable for all costs, damages, and expenses, including reasonable attorneys' fees, lawfully incurred by the titled owner or person satisfying the lien in any suit brought in NC for cancellation of the security interest. Additionally makes the secured party liable to the DMV for a $500 civil penalty.
Amends GS 20-2, establishing that any rule, change in law, or other action applicable to motor vehicles sold or leased by a motor vehicle dealer only applies to sales or leases made on or after the effective date of changes, regardless of the date of submission of a title and registration application for the motor vehicle to the DMV. Adds that no new or adjusted fee or tax levied, new or amended form prescribed by the DMV, or any other change under GS Chapter 20 applies to a motor vehicle sale or lease made prior to the effective date of the new or adjusted fee or tax, new or amended form prescribed by the DMV, or other change.