ORIGINAL HOUSE

BILL NO. 0061

ENROLLED ACT NO. 12, HOUSE OF REPRESENTATIVES

FIFTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING

2001 GENERAL SESSION

AN ACT relating to motor vehicle franchises; providing
definitions; clarifying the application of terms; amending
sanctions; repealing a redundant definition; and providing
for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1. W.S. 31-16-101(a)(xviii) and by creating
new paragraphs (xxvii) through (xxx), 31-16-103 (c)(intro),
(g)(intro) and (ii), 31-16-104(a)(ii), 31-16-108(a)(intro)
and 31-16-112 are amended to read:

31-16-101. Definitions.

(a) As used in this act:

(xviii) "Vehicle dealer" or "dealer" means any
person engaged in the business of selling or exchanging
vehicles or who buys and sells, or exchanges retail three
(3) or more vehicles or six (6) or more new vehicles with a
gross vehicle weight rating over twenty-six thousand
(26,000) pounds in any one (1) calendar year, but does not
include any insurance company, finance company, public
utility company or person coming into possession of any
vehicle as an incident to its regular business who sells
that vehicle, or who sells that vehicle under any
contractual rights it may have with respect thereto.
Vehicle dealers are classified as follows:

(xxvii) "Agent" means a person other than a
holder of any vehicle dealer's license issued by the
department who, for salary, commission or compensation of
any kind, negotiates in any way for the sale, purchase,
order or exchange of vehicles;

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(xxviii) "Applicant" means any person,
corporation, limited liability company, limited partnership
or any other entity that files an application with the
department for a vehicle dealer's license under this act;

(xxix) "Licensed dealer" means a vehicle dealer
that is licensed by the department pursuant to this act as
a new vehicle dealer or a used vehicle dealer;

(xxx) "Salesperson" means an individual who, for
salary, commission or compensation of any kind, is employed
either directly, indirectly, regularly or occasionally by
any new vehicle dealer or any used vehicle dealer to sell,
purchase or exchange vehicles.

31-16-103. Licenses; applications; issuance,
suspension and revocation; change in ownership; rulemaking.

(c) The department may deny, suspend, revoke or
refuse to renew a license issued under this act if it finds
the person, applicant, vehicle dealer, salesperson, agent
or Wyoming based manufacturer:

(g) A Wyoming licensed dealer may establish and
operate an additional place of business or operate in an
organized motor vehicle show as a vehicle dealer if:

(ii) Before operating in an organized motor
vehicle show, a licensed dealer shall notify the department
in writing not later than fourteen (14) days prior to the
date of the show and obtain a letter of authorization from
the department to operate in an organized motor vehicle
show within the county of the principal place of business.
A vehicle dealer may operate in not more than four (4)
shows in any calendar year and each show shall not exceed
seven (7) consecutive days. The letter of authorization to

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operate in an organized motor vehicle show shall be
displayed in a location at the motor vehicle show where any
peace officer or designated member of the department can
examine it. As used in this subsection, "organized motor
vehicle show" means an exhibition and sale by one (1) or
more licensed motor vehicle dealers in a private or public
assembly, facility or area.

31-16-104. Classes of licenses; expiration.

(a) Licenses issued under this act shall be the
following classes:

(ii) Motor vehicle manufacturer's license which
permits the out-of-state manufacturer to engage in the
business of constructing or assembling motor vehicles of
the type subject to registration in this state;

31-16-108. Unlawful acts.

(a) No vehicle dealer or other person required to be
licensed under this act, or any salesperson or agent shall:

31-16-112. Penalty.

Any person, Wyoming based manufacturer, vehicle dealer,
salesperson or agent who violates this act or any rule or
regulation promulgated under this act is guilty of a
misdemeanor punishable by a fine of not more than seven
hundred fifty dollars ($750.00), imprisonment for not more
than six (6) months, or both. Upon receipt of a record of
conviction of a violation under this act, the department
may suspend or revoke any license issued under this act.

Section 2. W.S. 31-16-101(a)(xvii) is repealed.

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Section 3.  This act is effective July 1, 2001.

(END)

Speaker of the House President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

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