Tuesday, November 5, 2024
Tuesday, November 5, 2024

Bill to Permit “As Is” Car Sales Approved in Senate Judiciary

The Senate Judiciary Committee has approved two bills to be reported to the full Senate with the recommendation that they pass.

SB 548 would provide for the specific escheat of nearly $18 billion in United States savings bonds.

Local lawyer Philip Reale was available to explain the escheatment situation to the committee and answer questions from members.

SB 216 would prohibit the exclusion, modification or limitation of any warranty or remedy in the sale of used motor vehicles, specifically pertaining to the “as is” sale of motor vehicles.

Local lawyer David McMahon spoke against the bill and said “as is” sales trap low income individuals into buying unreliable and, sometimes, dangerous cars.

McMahon said he has been lobbying against such bills since 1987 to protect low income families who can’t afford to pay to fix defective “as is” cars that are specifically marketed to them.

Ruth Lemmon, president of the West Virginia Automobile and Truck Dealers Association, advocated for passage of the bill to allow dealers to sell significantly cheaper cars to those who need them.

Lemmon also cited the state’s loss of population and economic downturn as a reason for dealers to want to be able to sell more cars to more consumers, instead of having consumers seek cheaper options outside of the state.

“Our current law puts our dealers at an economic disadvantage,” Lemmon said. 

 Currently, all surrounding states permit the “as is” sale of motor vehicles, except for West Virginia.

The bill was amended and reported to the floor with the recommendation it do pass. 

The committe also laid over a bill, SB 399, that would prohibit political subdivisions from enacting local ordinances regulating benefits employers provided to their employees.

Lisa Dooley, executive director of the West Virginia Municipal League, spoke in opposition to the bill and said the bill implements unecessary restrictions on cities to solve nonexistent problems.

Dooley said the bill could further threaten businesses’ interest in coming into West Virginia cities, hindering much needed economic development.

Patty Hamilton, executive director of the West Virginia Association of Counties, also spoke against the bill’s passage, since she said it could harm effective policies for public projects that have long been in place and have been successful.

The bill was previously reported out of Senate Workforce with the recommendation that it pass.

 

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