Text: SF00032 Text: SF00034 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 322.2, subsection 7, Code 2001, is
1 2 amended to read as follows:
1 3 7. "Engaged in the business" means doing any of the
1 4 following acts for the purpose of the sale of motor vehicles
1 5 at retail: acquiring, selling, exchanging, holding, offering,
1 6 displaying, brokering, accepting on consignment, conducting a
1 7 retail auction, or acting as an agent for the purpose of doing
1 8 any of those acts. A person selling at retail more than six
1 9 motor vehicles during a twelve-month period may be presumed to
1 10 be engaged in the business. However, a person who during a
1 11 twelve-month period sells at retail, or offers for sale at
1 12 retail from the same property, address, or telephone number,
1 13 three or more used motor vehicles, or allows three or more
1 14 used motor vehicles to be offered for sale at retail on the
1 15 person's property, unless the property is leased to a licensed
1 16 used motor vehicle dealer, may be presumed to be engaged in
1 17 the business.
1 18 EXPLANATION
1 19 This bill requires a person, who during a 12-month period
1 20 sells at retail, or offers for sale at retail from the same
1 21 property, address, or telephone number, three or more used
1 22 motor vehicles, or allows three or more used motor vehicles to
1 23 be offered for sale on the person's property, unless the
1 24 property is leased to a licensed used motor vehicle dealer, to
1 25 be licensed as a used motor vehicle dealer and regulated under
1 26 Code chapter 322. Currently, a person who sells at retail
1 27 more than six motor vehicles during a 12-month period is
1 28 required to be licensed as a motor vehicle dealer.
1 29 A person who violates the new requirement may be enjoined
1 30 from a continuing violation under Code section 322.11 and is
1 31 guilty of a simple misdemeanor punishable by a fine of not
1 32 less than $250 or more than $1,500 or by imprisonment not to
1 33 exceed 30 days under Code section 322.14.
1 34 LSB 1048SS 79
1 35 nh/gg/8
Text: SF00032 Text: SF00034 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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