Recreational vehicle special sales permit.

WORKING DRAFT
2006
STATE OF
WYOMING
06LSO-0223

SENATE FILE
NO.
SF0075

Recreational vehicle special sales permit.

Sponsored by:
Senator(s) Hines and Representative(s) Edwards

A BILL

for

AN ACT relating to motor vehicles; providing for a temporary recreational vehicle display and sales permit as specified; providing permit application requirements; providing definitions; granting rulemaking authority; and providing for an effective date.

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

Section 1.

W.S. 31
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16
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127 is created to read:

31
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16
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127.

Temporary recreational vehicle display and sales permit.

(a)

No out of state recreational vehicle dealer shall display, demonstrate, exchange or sell a recreational vehicle, as defined in W.S. 31
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16
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101(a)(xxiii), in this state without a permit as provided in subsection (b) of this section.

(b)

The department shall issue a temporary recreational vehicle display and sales permit to an out of state recreational vehicle dealer not currently licensed in
Wyoming
, subject to the following conditions:

(i)

The applicant shall submit an application accompanied by an application fee of three hundred dollars ($300.00) to the department at least ninety (90) days prior to the recreational vehicle display and sales event. The application shall be on a form approved by the department and shall include:

(A)

The legal name and residence address of the applicant and the trade name, if any, under which the applicant intends to conduct his business. If the applicant is a partnership, the name and residence address of each partner, whether a limited or general partner, and the name under which the partnership business is to be conducted. If the applicant is a corporation, the name of the corporation and the name and address of each of its principal officers and directors. If the applicant is a limited liability company, the name and address of the members and managers;

(B)

Any other information the department may reasonably require, including financial statements of new applicants, past or present judicial, civil or administrative dispositions of criminal, civil or administrative actions relating to the conduct of the business if currently licensed or a new applicant, telephone numbers, sales and use tax numbers for the business and declared business hours. Any new applicant for a
permit
issued under this
section
, including all officers of a corporation or members of a limited liability company or limited partnership, shall
submit to fingerprinting and
provide information necessary for a state and national criminal history record background check and release of information as provided in W.S. 7
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19
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106(k)(ii) and consent to the release of any criminal history information to the department;

(C)

An additional fee of fifty dollars ($50.00) for two
(2)
temporary recreational vehicle demo plates;

(D)

An additional fee of five dollars ($5.00) for ten
(10)
temporary permits for issuance to purchasers of recreational vehicles at the event
;

(E)

Any additional fees required by state and federal agencies for processing of criminal history record information and fingerprint searches.

(ii)

The recreational vehicle display and sales event is in conjunction with a state, regional or national recreational vehicle rally at which at least one hundred fifty (150) owned units are preregistered to attend;

(iii)

The application shall be accompanied by a written statement from the owner or manager of the location where the recreational vehicle display and sales event will be conducted, describing the associated recreational vehicle rally and the display and sales event;

(iv)

A permit pursuant to this section shall be valid for a period up to seven (7) consecutive days, beginning on the first day of the scheduled event;

(v)

Not more than three (3) permits as provided in this section shall be issued to any one (1) out of state recreational vehicle dealer in one (1) calendar year;

(vi)

The application shall be accompanied by a cash or surety bond in the amount of fifty thousand dollars ($50,000.00) with a corporate surety duly licensed to do business within this state. The bond shall:

(A)

Be approved as to form by the attorney general;

(B)

Be conditioned that the applicant shall not practice any fraud, fraudulent misrepresentations, or violate any federal or state law, rules or regulations relating to the conduct of the business;

(C)

Guarantee the return of the temporary recreational vehicle display and sales permit, recreational vehicle demo plates, unused temporary permits and stubs of temporary permits issued to purchasers;

(D)

Be forfeited to the department upon substantial proof of violation;

(E)

Be returned by the department to the bond holder within thirty (30) days after the last day of the event if no sales were consummated in
Wyoming
or one hundred eighty (180) days after the last date of any sales transacted at the event if all conditions and guarantees of the bond have been met.

(vii)

The permit shall be prominently displayed at the sales event in the location where the permit holder conducts business.

(c)

For purposes of this section:

(i)

"Out of state recreational vehicle dealer" means a dealer as defined in W.S. 31
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101(a)(xviii) who is engaged in the business of selling or exchanging recreational vehicles and who is not licensed as a new vehicle dealer or used vehicle dealer as provided in this act;

(ii)

"Recreational vehicle display and sales event" means any temporary private or public assembly of recreational vehicles at which recreational vehicles are displayed to the public for the purpose of sale or exchange.

(d)

The department shall adopt rules and regulations to implement the provisions of this section.

Section 2.

W.S.
7
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19
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201(a) by creating a new paragraph (vi),
31
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16
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101(a)(xx) and 31
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104(a)(vii), by creating a new paragraph (viii) and (d) are amended to read:

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19
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201.

State or national criminal history record information.

(a)

The following persons shall be required to submit to fingerprinting in order to obtain state and national criminal history record information:

(vi)

Persons applying for a recreational vehicle special sales permit under W.S. 31
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127.

31
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101.

Definitions.

(a)

As used in this act:

(xx)

"This act" means W.S. 31
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101 through
31
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126
31
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127
;

31
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104.

Classes of licenses and permits; expiration.

(a)

Licenses issued under this act shall be the following classes:

(vii)

Temporary ninety (90) day vehicle dealer permit allows an applicant to operate a business under this act for a period of ninety (90) days while the department is completing an investigation for any purpose relative to the business. The temporary permit terminates when the applicant's license has been issued or refused but in no case shall the temporary permit exceed ninety (90) days
;
.

(viii)

Temporary recreational vehicle display and sales permit pursuant to W.S. 31
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127.

(d)

Except for temporary vehicle dealer permits and special recreational vehicle display and sales permits, l
icenses issued under this act shall be valid for one (1) year and shall expire at midnight preceding the anniversary date.

Section 3.

This act is effective July 1, 2006.

(END)

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SF0075