Vehicle dealers-2.

WORKING DRAFT

ORIGINAL SENATE

FILE

NO.
0111

ENROLLED ACT NO. 29, SENATE

FIFTY-NINTH LEGISLATURE OF THE STATE OF WYOMING
2007 GENERAL SESSION

AN ACT relating to motor vehicles; providing for a temporary recreational vehicle display and sales permit as specified; providing permit application requirements; providing for denial, suspension or revocation of permits;
providing dealers a first or second right of refusal to participate in sales events as specified;
providing definitions; requiring criminal background checks for vehicle dealers, as specified; 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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127 is created to read:

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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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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 five hundred dollars ($500.00) 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 its managing 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 its principal officer. If the applicant is a limited liability company, the name and address of the managing members;

(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 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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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 applicant is a licensed recreational vehicle dealer in its state of residence;

(iii)

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;

(iv)

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;

(v)

The owner or manager of the location where the recreational vehicle display and sales event will be conducted shall notify all licensed Wyoming recreational vehicle dealers when a temporary recreational vehicle display and sales event is planned. Notice shall be timely, but not less than six (6) months prior to the event;

(vi)

Wyoming licensed dealers shall have a first right of refusal to purchase space for the purpose of displaying and selling recreational vehicles, exercisable for three (3) months following the date of the notice required by paragraph (v) of this subsection, at any event for which a permit is required under this section;

(vii)

Wyoming licensed recreational vehicle dealers holding a current exclusive franchise or dealer agreement with a recreational vehicle manufacturer shall have the first right of refusal to be the sole representative for that manufacturer, as provided in the exclusive franchise or dealer agreement;

(viii)

Recreational vehicle dealers in a state allowing sales by out of state recreational vehicle dealers on terms substantially equal to those provided for in this section shall have a second right of refusal to purchase space for the purpose of displaying and selling recreational vehicles, exercisable for one (1) month following expiration of the first right of refusal provided by paragraph (vi) of this subsection, at any event for which a permit is required under this section;

(ix)

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;

(x)

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;

(xi)

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, make 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 any violation of this act;

(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 (1) year after the last date of any sales transacted at the event if all conditions and guarantees of the bond have been met.

(xii)

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

(xiii)

Out of state dealers at a temporary recreational vehicle sales and display event, prior to consummation of a vehicle sale to a Wyoming resident, shall provide written notice to the buyer of the location of the manufacturer authorized service facility nearest to the event.

(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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106(a) by creating a new paragraph (xv), 7
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201(a) by creating a new paragraph (viii), 31
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101(a)(xx), 31
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103(c)(intro) and 31
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104(a) by creating a new paragraph (viii) and (d) are amended to read:

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106.

Access to, and dissemination of, information.

(a)

Criminal history record information shall be disseminated by criminal justice agencies in this state, whether directly or through any intermediary, only to:

(xv)

The department of transportation for purposes of dealer and wholesaler licensing and permitting under title 31, chapter 16.

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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:

(viii)

Persons applying for a dealer or Wyoming based manufacturer license under W.S. 31
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103 or a special sales permit under W.S. 31
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127.

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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
;

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103.

Licenses; applications; issuance, suspension and revocation; change in ownership; rulemaking.

(c)

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

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104.

Classes of licenses and permits; expiration.

(a)

Licenses issued under this act shall be the following classes:

(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, 2007.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

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