HB0061 - Motor vehicle franchises-amendments.
2001 |
State of Wyoming |
01LSO-0251 |
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 (xxxi), 31-16-103
10 (c)(intro), (g)(intro) and (ii), 31-16-104(a)(ii),
11 31-16-108(a)(intro) 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
Page 2
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) "Person"
means an individual, estate,
6 trust, limited liability company,
partnership, association,
7 corporation or other legal entity;
8
9 (xxxi) "Salesperson"
means an individual who,
10 for
salary, commission or compensation of any kind, is
11 employed
either directly, indirectly, regularly or
12 occasionally
by any new vehicle dealer or any used vehicle
13 dealer
to sell, purchase or exchange vehicles.
14
15 31-16-103. Licenses; applications;
issuance,
16 suspension and revocation; change in ownership; rulemaking.
17
18 (c) The
department may deny, suspend, revoke or
19 refuse to renew a license issued under this
act if it finds
20 the person,
applicant, vehicle dealer, salesperson, agent
21 or Wyoming based manufacturer:
22
Page 3
1 (g) A Wyoming licensed dealer may establish and
2
operate an additional place of business or operate in an
3
organized motor vehicle show as a vehicle dealer if:
4
5 (ii) Before
operating in an organized motor
6
vehicle show, a licensed dealer shall notify the department
7 in
writing not later than fourteen (14) days prior to the
8 date
of the show and obtain a letter of authorization from
9 the
department to operate in an organized motor
vehicle
10 show within the county of the principal
place of business.
11 A vehicle
dealer may operate in not more than four (4)
12 shows in any calendar year and each show
shall not exceed
13 seven (7) consecutive days. The letter of
authorization to
14 operate in an organized motor vehicle show shall be
15 displayed in a location at the motor vehicle show where any
16 peace officer or designated member of the
department can
17 examine it.
As used in this subsection, "organized motor
18 vehicle show" means an exhibition and
sale by one (1) or
19 more licensed motor
vehicle dealers in a private or public
20 assembly, facility or area.
21
22 31-16-104. Classes of licenses; expiration.
23
Page 4
1 (a) Licenses
issued under this act shall be the
2
following classes:
3
4 (ii) Motor vehicle manufacturer's license which
5
permits the out-of-state manufacturer to engage in the
6
business of constructing or assembling motor
vehicles of
7 the
type subject to registration in this state;
8
9 31-16-108. Unlawful acts.
10
11 (a) No vehicle dealer or other person required to be
12 licensed under this act, or any salesperson or agent shall:
13
14 31-16-112. Penalty.
15
16 Any person,
Wyoming based manufacturer, vehicle dealer,
17 salesperson
or agent who violates this act or any rule or
18 regulation promulgated under this act is
guilty of a
19 misdemeanor punishable by a fine of not more
than seven
20 hundred fifty dollars ($750.00),
imprisonment for not more
21 than six (6) months, or both. Upon receipt of a record of 22
conviction of a
violation under this act, the department 23
may suspend or
revoke any license issued under this act.
24
Page 5
1 Section 2. W.S. 31-16-101(a)(xvii) is repealed.
2
3 Section 3. This act is effective July 1, 2001.
4
5 (END)
Page 6