HB0061 - Motor vehicle franchises-amendments.
2001 |
State of Wyoming |
01LSO-0251.E1 ENGROSSED |
HOUSE BILL NO. HB0061
Motor vehicle franchises-amendments.
Sponsored by: Joint Transportation and Highways Interim
Committee
A BILL
for
1 AN ACT relating to motor
vehicle franchises; providing
2
definitions; clarifying the application of terms; amending
3
sanctions; repealing a redundant definition; and providing
4
for an effective date.
5
6 Be It Enacted by the Legislature of the State of Wyoming:
7
8 Section
1. W.S. 31-16-101(a)(xviii) and by creating
9
new paragraphs (xxvii) through (xxx), 31-16-103 (c)(intro),
10 (g)(intro) and (ii), 31-16-104(a)(ii),
31-16-108(a)(intro)
11 and 31-16-112 are amended to read:
12
13 31-16-101. Definitions.
14
15 (a) As used in this act:
16
Page 1
1 (xviii) "Vehicle
dealer" or "dealer" means
any
2
person engaged in the business of selling or exchanging
3
vehicles or who buys and sells, or exchanges retail three
4
(3) or more vehicles or six (6) or more new vehicles with a
5
gross vehicle weight rating over twenty-six thousand
6
(26,000) pounds in any one (1) calendar year, but does not
7
include any insurance company, finance company, public
8
utility company or person coming into possession of any
9
vehicle as an incident to its regular business who sells
10 that vehicle, or who sells that
vehicle under any
11 contractual rights it may have with
respect thereto.
12 Vehicle dealers are classified as
follows:
13
14 (xxvii) "Agent" means a person other than a
15 holder
of any vehicle dealer's license issued by the
16 department who, for salary, commission or compensation of
17 any kind, negotiates in any way for the sale, purchase,
18 order or exchange of vehicles;
19
20 (xxviii) "Applicant" means any person,
21 corporation,
limited liability company, limited partnership
22 or any other entity that files an application with the
23 department for a vehicle dealer's license under this act;
24
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1 (xxix) "Licensed dealer"
means a vehicle dealer
2 that is licensed by the department
pursuant to this act as
3 a new vehicle dealer or a used vehicle
dealer;
4
5 (xxx) "Salesperson"
means an individual who, for
6 salary, commission or compensation of
any kind, is employed
7 either directly, indirectly, regularly
or occasionally by
8 any new vehicle dealer or any used
vehicle dealer to sell,
9 purchase or exchange vehicles.
10
11 31-16-103. Licenses; applications;
issuance,
12 suspension and revocation; change in
ownership; rulemaking.
13
14 (c) The
department may deny, suspend, revoke or
15 refuse to renew a license issued
under this act if it finds
16 the person,
applicant, vehicle dealer, salesperson, agent
17 or Wyoming based manufacturer:
18
19 (g) A Wyoming licensed dealer may establish and
20 operate an additional place of
business or operate in an
21 organized motor vehicle show as a vehicle
dealer if:
22
23 (ii) Before
operating in an organized motor
24 vehicle show, a licensed dealer
shall notify the department
Page 3
1 in
writing not later than fourteen (14) days prior to the
2
date of the show and obtain a letter of authorization from
3
the department to operate in an organized motor
vehicle
4
show within the county of the principal place of business.
5
A vehicle dealer may operate in
not more than four (4)
6
shows in any calendar year and each show shall not exceed
7
seven (7) consecutive days. The letter of authorization to
8
operate in an organized motor
vehicle show shall be
9
displayed in a location at the motor
vehicle show where any
10 peace officer or designated member
of the department can
11 examine it. As used in this subsection, "organized motor
12 vehicle show" means an
exhibition and sale by one (1) or
13 more licensed motor vehicle dealers in a private or public
14 assembly, facility or area.
15
16 31-16-104. Classes of licenses; expiration.
17
18 (a) Licenses
issued under this act shall be the
19 following classes:
20
21 (ii) Motor vehicle manufacturer's license which
22 permits the out-of-state
manufacturer to engage in the
23 business of constructing or
assembling motor vehicles of
24 the type subject to registration in
this state;
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1
2 31-16-108. Unlawful acts.
3
4 (a) No vehicle dealer or other person required to be
5
licensed under this act, or any salesperson
or agent shall:
6
7 31-16-112. Penalty.
8
9 Any
person, Wyoming based manufacturer, vehicle dealer,
10 salesperson or agent who violates this act or any
rule or
11 regulation promulgated under this
act is guilty of a
12 misdemeanor punishable by a fine of
not more than seven
13 hundred fifty dollars ($750.00),
imprisonment for not more
14 than six (6) months, or both. Upon receipt of a record of 15
conviction of a violation under this act, the department 16
may suspend or revoke any license issued under this act.
17
18 Section 2. W.S. 31-16-101(a)(xvii) is repealed.
19
20 Section 3. This act is effective July 1, 2001.
21
22 (END)
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