SB286 Alabama 2019 Session

Under existing law, a person engaging in the business of acting as a new motor vehicle dealer, used motor vehicle dealer, motor vehicle rebuilder, or motor vehicle wholesaler is required to obtain a regulatory license from the Department of Revenue

This bill would provide for the issuance of a master regulatory dealer license in lieu of the issuance of separate licenses for the sale, wholesale, or rebuilding of motor vehicles and provide for an adjustment to the license fee

Under existing law, a person who willfully acquires motor vehicle dealer license plates in violation of the law is subject to a civil penalty

This bill would increase that penalty

This bill would provide for the issuance of a wholesale motor vehicle auction license and would prohibit any person from engaging in the business of a motor vehicle wholesale auction without the license

This bill would provide a criminal penalty for a violation of the provisions relating to the wholesale motor vehicle auction license

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to motor vehicle dealer licensing; to amend Sections 40-12-264, 40-12-390, 40-12-391, 40-12-392, 40-12-393, 40-12-395, and 40-12-398, to create a master regulatory dealer license and provide for an adjustment to the license fee; to increase the civil penalty authorized for a violation; to add Article 10, commencing with Section 40-12-445, to Chapter 12 of Title 40, Code of Alabama 1975, to create a wholesale motor vehicle auction license; to provide a criminal penalty for a violation; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.