Arkansas 2023 Regular Session

Arkansas Senate Bill SB427 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 696 of the Regular Session
3	2		ANS284 04-05-2023 13:27:05 ANS284
4	3
5	4		State of Arkansas As Engrossed: H4/5/23 1
6	5		94th General Assembly A Bill 2
7	6		Regular Session, 2023 SENATE BILL 427 3
8	7		4
9	8		By: Senator Hill 5
10	9		By: Representative Beaty Jr. 6
11	10		7
12	11		For An Act To Be Entitled 8
13	12		AN ACT TO PROVIDE AN EXEMPTION FOR SPECIA L EVENTS TO 9
14	13		ALLOW CERTAIN NEW MO TOR VEHICLE DEALERS AND NEW MOTOR 10
15	14		VEHICLE MANUFACTURER S OR DISTRIBUTORS TO DISPLAY AND 11
16	15		SELL CERTAIN VEHICLE S AT SPECIAL EVENTS THAT HAVE A 12
17	16		SIGNIFICANT ECONOMIC I MPACT ON AN AREA; AN D FOR OTHER 13
18	17		PURPOSES. 14
19	18		15
20	19		16
21	20		Subtitle 17
22	21		TO PROVIDE AN EXEMPTION FOR SPECIAL 18
23	22		EVENTS TO ALLOW CERTAIN NEW MOTOR VEHICLE 19
24	23		DEALERS AND NEW MOTOR VEHICLE 20
25	24		MANUFACTURERS OR DISTRIBUTORS TO DISPLAY 21
26	25		AND SELL CERTAIN VEHICLES AT CERTAIN 22
27	26		SPECIAL EVENTS. 23
28	27		24
29	28		25
30	29		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 26
31	30		27
32	31		SECTION 1. Arkansas Code Title 23, Chapter 112, Subchapter 8, is 28
33	32		amended to read as follows: 29
34	33		30
35	34		Subchapter 8 — Special Motorcycle Events 31
36	35		32
37	36		23-112-801. Findings. 33
38	37		The General Assembly finds that: 34
39	38		(1) A special motorcycle event sponsored by a city, county, 35
40	39		nonprofit entity, or motorcycle special event owners' organization draws 36 As Engrossed: H4/5/23 SB427
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45	44		people from all over the state, other states, and even other countries; 1
46	45		(2) A special motorcycle event can provide a valuable increase 2
47	46		in tourism for the state; and 3
48	47		(3) The laws and rules related to the display and sale of 4
49	48		motorcycles special event vehicles at a special motorcycle event must should 5
50	49		be modified to lessen the restricti ons that are hampering economic growth. 6
51	50		7
52	51		23-112-802. Definitions. 8
53	52		As used in this subchapter: 9
54	53		(1) “Motorcycle owners' organization” means an entity that is 10
55	54		organized as a nonprofit entity or for -profit entity and in good standing 11
56	55		with the Secretary o f State; 12
57	56		(2) “Nonprofit entity” means an entity that has received tax -13
58	57		exempt status from the Internal Revenue Service pursuant to section 501(c)(3) 14
59	58		or section (501)(c)(4) of the Internal Revenue Code of 1986, 26 U.S.C. § 15
60	59		501(c)(3) or 26 U.S.C. § 501(c)( 4), as they existed on January 1, 2007 16
61	60		January 1, 2023; 17
62	61		(3)(2) “Public venue” means a location that: 18
63	62		(A) Is open to the general public; and 19
64	63		(B) Is not the address designated as the primary business 20
65	64		address of a new motor vehicle dealer licensed by the Arkansas Motor Vehicle 21
66	65		Commission or a used motor vehicle dealer licensed by the Department Division 22
67	66		of Arkansas State Police; 23
68	67		(4)(3) “Significant positive economic impact” means an economic 24
69	68		benefit of at least three million dollars ($3,000,000) to the state or a 25
70	69		region of the state; and 26
71	70		(5)(4) “Special motorcycle event” means an event held at a 27
72	71		public venue with or without an admission fee that: 28
73	72		(A) Is sponsored by a city, a county, a nonprofit entity, 29
74	73		or a motorcycle special event vehicle owners' organization; 30
75	74		(B) Occurs not more than one (1) time each ye ar for no 31
76	75		more than seven (7) consecutive days; and 32
77	76		(C) Includes any of the following that are invited to 33
78	77		attend: 34
79	78		(i) New motor vehicle dealers to display and sell 35
80	79		motorcycles special event vehicles ; or 36 As Engrossed: H4/5/23 SB427
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85	84		(ii) New motor vehicle manufacturers or distributors 1
86	85		to display motorcycles special event vehicles; 2
87	86		(5) "Special event vehicle" means: 3
88	87		(A) A motorcycle; 4
89	88		(B) An all-terrain vehicle; 5
90	89		(C) A utility task vehicle; 6
91	90		(D) A scooter; 7
92	91		(E) A go-kart; and 8
93	92		(F) A low-speed vehicle; and 9
94	93		(6) "Special event vehicle owners' organization" means an entity 10
95	94		that is organized as a nonprofit entity or for -profit entity and in good 11
96	95		standing with the Secretary of State . 12
97	96		13
98	97		23-112-803. Statements of estimated positive economic impact. 14
99	98		A statement of the estimated positive economic impact of a proposed 15
100	99		special motorcycle event shall be submitted to the Arkansas Motor Vehicle 16
101	100		Commission from an independent source such as, including without limitation a 17
102	101		university, chamber of commerce, or other entity that regularly engages in 18
103	102		the estimation of the economic benefit of an occurrence for businesses and 19
104	103		industries. 20
105	104		21
106	105		23-112-804. Significant positive economic impact determinations. 22
107	106		(a) If the statement of estimated positive economic impact that is 23
108	107		submitted to the Arkansas Motor Vehicle Commission establishes that a special 24
109	108		motorcycle event has a significant positive economic impact, the special 25
110	109		motorcycle event is exempt from regulation by the commissio n as provided 26
111	110		under § 23-112-805. 27
112	111		(b) If the statement of estimated positive economic impact that is 28
113	112		presented to the commission establishes that a special motorcycle event will 29
114	113		not have a significant positive economic impact, then the commission shall 30
115	114		determine whether the special motorcycle event is exempt from the provisions 31
116	115		of this chapter and any rules promulgated by the commission. 32
117	116		33
118	117		23-112-805. Authority to waive relevant market area and rules. 34
119	118		(a) The Arkansas Motor Vehicle Commission shall wai ve the following 35
120	119		for a special motorcycle event that has a significant positive economic 36 As Engrossed: H4/5/23 SB427
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125	124		impact or is determined by the commission to otherwise qualify for an 1
126	125		exemption under § 23 -112-804(b) if no franchised motor vehicle dealer of a 2
127	126		licensed manufacturer is represented participating in the host county of the 3
128	127		special motorcycle event or the counties contiguous to the host county: 4
129	128		(1) The provisions of this This chapter regarding relevant 5
130	129		market area; and 6
131	130		(2) The rules regarding motor vehicle dealers i n contiguous 7
132	131		counties. 8
133	132		(b)(1) The commission may promulgate rules for the issuance of a 9
134	133		temporary permit to in-state and out-of-state new motor vehicle dealers and 10
135	134		new motor vehicle manufacturers or distributors to participate in a special 11
136	135		motorcycle event under this subchapter. 12
137	136		(2) No rule shall be promulgated The commission shall not 13
138	137		promulgate a rule that puts a greater burden on out -of-state new motor 14
139	138		vehicle dealers and new motor vehicle manufacturers or distributors to obtain 15
140	139		a temporary permit than the requirements necessary for a new motor vehicle 16
141	140		dealer or new motor vehicle manufacturer or distributor to obtain a license 17
142	141		from the commission. 18
143	142		(3) If the commission establishes fees for a temporary permit 19
144	143		under this subsection, the fees shall not exceed: 20
145	144		(A) For an out-of-state new motor vehicle dealer, one 21
146	145		hundred dollars ($100); 22
147	146		(B) For a new motor vehicle manufacturer or distributor, 23
148	147		two hundred fifty dollars ($250); 24
149	148		(C) For an out-of-state salesperson, fifteen dollars 25
150	149		($15.00); and 26
151	150		(D) For a factory representative or distributor 27
152	151		representative, fifty dollars ($50.00). 28
153	152		29
154	153		23-112-806. Established and ongoing special motorcycle events. 30
155	154		(a) A special motorcycle event that has been ongoing for five ( 5) 31
156	155		years or more before July 31, 2007, and has had a significant positive 32
157	156		economic impact in the past shall be: 33
158	157		(1) Considered an established and ongoing special motorcycle 34
159	158		event; and 35
160	159		(2) Eligible to a presumption of a significant positive economic 36 As Engrossed: H4/5/23 SB427
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165	164		impact by the Arkansas Motor Vehicle Commission. 1
166	165		(b) Notwithstanding any provision of law to the contrary, an 2
167	166		established and ongoing special motorcycle event under this section may 3
168	167		continue to invite motor vehicle dealers and manufacturers that have 4
169	168		participated in the special motorcycle event for the previous three (3) years 5
170	169		new motor vehicle dealers and new motor vehicle manufacturers or distributors 6
171	170		that have participated in an established and ongoing special event under this 7
172	171		section for the previous t hree (3) years may continue to be invited to the 8
173	172		special event. 9
174	173		10
175	174		/s/Hill 11
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178		-	~~APPROVED: 4/11/23~~ 14
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