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A1192
ASSEMBLY, No. 1192
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman JOHN DIMAIO
District 23 (Hunterdon, Somerset and Warren)
SYNOPSIS
���� Concerns business hours of licensed used motor
vehicle dealer.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning the business hours of licensed used
motor vehicle dealers and amending R.S.39:10-19.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� R.S.39:10-19 is amended
to read as follows:
���� 39:10-19.� No person shall
engage in the business of buying, selling or dealing in motor vehicles in this
State, nor shall a person engage in activity that would qualify the person as a
leasing dealer, as defined in section 2 of P.L.1994, c.190 (C.56:12-61),
unless: a. the person is a licensed real estate broker acting as an agent or
broker in the sale of mobile homes without their own motor power other than
recreation vehicles as defined in section 3 of P.L.1990, c.103 (C.39:3-10.11),
or manufactured homes as defined in section 3 of P.L.1983, c.400 (C.54:4-1.4);
or b. the person is authorized to do so under the provisions of this chapter
and P.L.1985, c.361 (C.56:10-26 et seq.).
���� The chief administrator may,
upon application in such form as the chief administrator prescribes, license
any proper person as a new motor vehicle dealer, used motor vehicle dealer or,
a leasing dealer.� A licensed real estate broker shall be entitled to act as an
agent or broker in the sale of a mobile or manufactured home as defined in
subsection a. of this section without obtaining a license from the chief
administrator.� For the purposes of this chapter, a "licensed real estate
broker" means a real estate broker licensed by the New Jersey Real Estate
Commission pursuant to the provisions of chapter 15 of Title 45 of the Revised
Statutes.� Any sale or transfer of a mobile or manufactured home, in which a
licensed real estate broker acts as a broker or agent pursuant to this section,
which sale or transfer is subject to any other requirements of R.S.39:10-1 et
seq., shall comply with all of those requirements.
���� No person who has been
convicted of a crime, arising out of fraud or misrepresentation in the sale,
leasing or financing of a motor vehicle, shall be eligible to receive a
license.� For the purposes of this section, each applicant for a license shall
submit to the chief administrator the applicant's name, address, fingerprints,
and written consent for a criminal history record background check to be
performed.� The chief administrator is hereby authorized to exchange
fingerprint data with and receive criminal history record information from the
State Bureau of Identification in the Division of State Police and the Federal
Bureau of Investigation consistent with applicable State and federal laws,
rules, and regulations, for purposes of facilitating determinations concerning
licensure eligibility.� The applicant shall bear the cost for the criminal
history record background check, including all costs of administering and
processing the check.� The Division of State Police shall promptly notify the
chief administrator in the event a current holder of a license or prospective
applicant, who was the subject of a criminal history record background check
pursuant to this section, is arrested for a crime or offense in this State
after the date the background check was performed.
���� Each applicant for a new motor
vehicle dealer license shall at the time such license is issued have
established and maintained, or by that application shall agree to establish and
maintain, within 90 days after the issuance thereof, a place of business consisting
of a permanent building not less than 1,000 square feet in floor space located
in the State of New Jersey to be used principally for the servicing and display
of motor vehicles with such equipment installed therein as shall be requisite
for the servicing of motor vehicles in such manner as to make them comply with
the laws of this State and with any rules and regulations made by the board
governing the equipment, use, and operation of motor vehicles within the
State.� However, a leasing dealer, who is not engaged in the business of
buying, selling, or dealing in motor vehicles in the State, shall not be
required to maintain a place of business with floor space available for the
servicing or display of motor vehicles or to have an exterior sign at the
lessor's place of business.
���� Any person who possesses a
used motor vehicle dealer license at the time of enactment of P.L.2021, c.484
shall maintain an established place of business consisting of a minimum office
space of 72 square feet within a permanent, enclosed building located in the
State of New Jersey, in addition to complying with all other applicable
regulations prescribed by the chief administrator.
���� Each applicant for a used
motor vehicle dealer license, or any licensee who relocates its place of
business on or after the effective date of P.L.2021, c.484, shall meet the
requirements for an established place of business for a used motor vehicle
dealer, which shall be established by the chief administrator by regulation
adopted pursuant to the "Administrative Procedure Act," P.L.1968,
c.410 (C.52:14B-1 et seq.).
���� An established place of
business of a new motor vehicle dealer or a used motor vehicle dealer shall
display an exterior sign permanently affixed to the land or building, which
sign is consistent with local ordinances and has letters easily readable from the
major avenues of traffic.� The sign shall include the dealer name or trade
name, provided such trade name has been previously disclosed to the chief
administrator.
����
Any person who possesses a
used motor vehicle dealer license, and whose established place of business is located
at or within a multi-dealer location, shall maintain a schedule of business
hours, of which no fewer than four hours per week shall occur Monday through
Saturday, between the hours of 9:00 a.m. and 5:00 p.m.� During those business
hours, either the licensee or an authorized signatory shall be personally
present at the established place of business.� A multi-dealer representative shall
be physically present at the established place of business Monday through
Friday, from 9:00 a.m. to 5:00 p.m.� A multi-dealer representative need not
qualify as an authorized signatory of any one motor vehicle dealer to assume
the position of a multi-dealer representative.� For the purposes of this
section, �multi-dealer location� means a single structure with numerous office
spaces from which discrete businesses operate used motor vehicle dealerships
and which structure complies with regulations adopted by the commission
concerning a proposed place of business for a used motor vehicle dealer.
���� A license fee of $200 shall be
paid by an applicant upon the applicant's initial application for a license.�
The chief administrator may renew an applicant's license upon application for
renewal on a form prescribed by the chief administrator and accompanied by a
renewal fee of $200.� Every license shall expire 24 months from the date on
which it is issued.� The chief administrator may, at the chief administrator's
discretion and for good cause shown, extend an applicant's license for an
additional period not to exceed 12 months from the date on which it is
scheduled to expire.� The chief administrator may, at the chief administrator's
discretion and for good cause shown, issue a license which shall expire on a
date fixed by the chief administrator.� The fee for licenses with an expiration
date fixed by the chief administrator shall be fixed by the chief administrator
in an amount proportionately less or greater than the fee established herein.
���� For the purposes of this
section, a leasing dealer or an assignee of a leasing dealer whose leasing
activities are limited to buying motor vehicles for the purpose of leasing them
and selling motor vehicles at the termination of a lease to the lessee shall
not be deemed to be engaged in the business of buying, selling, or dealing in
motor vehicles in this State.� Provided however, that a leasing dealer who
wishes to engage in the business of buying, selling, or dealing in motor
vehicles in this State by selling any vehicle at the end of the lease term to a
consumer other than the lessee, shall be required to obtain a used car dealer
license pursuant to this section.
(cf:
P.L.2021, c.484, s.1
)
���� 2.��� This act shall take
effect immediately.
STATEMENT
���� This bill requires a used
motor vehicle dealer licensee whose established place of business is located at
or within a multi-dealer location to maintain at least four business hours per
week, Monday through Saturday, between the hours of 9:00 a.m. and 5:00 p.m.�
During those business hours, the licensee, or an authorized signatory, is
required to be personally present at the established place of business.
���� In addition, the bill requires
a multi-dealer representative to be present at the established place of
business, Monday through Friday, from 9:00 a.m. to 5:00 p.m.� Under the bill, a
multi-dealer representative does not need not qualify as an authorized
signatory of any one motor vehicle dealer to assume the position of a
multi-dealer representative.
���� Finally, the bill defines �multi-dealer
location� as a single structure with numerous office spaces from which discrete
businesses operate used motor vehicle dealerships and which structure complies
with regulations adopted by the New Jersey Motor Vehicle Commission concerning
a proposed place of business for a used motor vehicle dealer.