Internet-based vehicle manufacturers and sellers.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0028

HOUSE BILL
NO.
HB0014

Internet-based vehicle manufacturers and sellers.

Sponsored by:
Representative(s) Illoway

A BILL

for

AN ACT relating to
the sale of vehicles by internet-based companies; specifying the principal place of business for internet-based companies selling vehicles; specifying the established place of business for specified manufacturers
;
requiring web site information for manufacturing and dealership licenses; providing for new licenses when web site addresses are changed
;
providing definitions
;
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)(xiv) by
creating
a new subparagraph (C), (xxii) and by
creating
a new paragraph (xxxi),
31
‑
16
‑
103(a)(ii)
and
(b)(iii) and 31
‑
16
‑
106 are amended to read:

31
‑
16
‑
101.

Definitions
.

(a)

As used in this act:

(xiv)

"Principal place of business" means:

(C)

For any dealers selling fewer than twelve (12) vehicles in any twelve (12) consecutive month period and which dealers sell vehicles using only
internet-based web site
s
with no physical place
s
of business where

vehicles are displayed for sale
nor any physical location
s
where
vehicle sales are solicited,
"pri
ncipal place of business" means a
n
internet-based web site which is
accessible
at all times
during every month that the dealer is offering vehicles for sale and a
t which
web site
any person may contact the dealer and receive a
response communication no later than four (4) days after
contacting the dealer.
An automatically generated communication shall not qualify as a response communication for purposes of this
subparagraph
.
A published landline
or cellular
telephone number where the dealer can be contacted at declared business hours and t
he address where the dealer keeps and maintains the books, records and files necessary to conduct the business
and as required by W.S. 31
‑
11
‑
107(a) and (b)
shall be displayed
on all

viewable
page
s
of the web site required by this subparagraph
. The web site required by this subparagraph shall clearly identify the
nature
of the dealer's
business
.

(xxii)

"Established place of business" means each place actually occupied either continuously or at regular periods by a manufacturer where the manufacturer's books and records are kept and a large share of the manufacturer's business is conducted
. If the manufacturer conducts all sales of vehicles using a
n internet-based web
site and maintains no physical location for displaying vehicles for sale
nor for soliciting the sale of vehicles
, the location of vehicle sales
and sales solicitations
shall not be considered when determining the manufacturer's established place of business
;

(xxxi)

"Internet" means as defined in W.S. 9
‑
2
‑
1035(a)(iii).

31
‑
16
‑
103.

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

(a)

An applicant for a license required under this act shall, before commencing business and annually thereafter submit an application to the department in a form prescribed by the department containing the following:

(ii)

A complete description, including the address

and web site address if applicable
, of the principal place of business and any other place of business for activities requiring a license under this act operated and maintained by the applicant in conjunction with the principal place of business in each county in this state;

(b)

Pending determination by the department that the applicant has met the requirements under this act, it may issue a temporary license to any applicant. A temporary license shall not exceed a period of ninety (90) days while the department is completing its investigation and determination of all facts relative to the qualifications of the applicant for the license. The temporary license terminates when the applicant's license has been issued or refused. When the department determines the applicant has complied with all licensing requirements, the department shall issue a license or renewal to an applicant upon submission of a complete application to the department indicating the applicant is qualified and will operate from a principal place of business if a dealer or from an established place of business if a Wyoming based manufacturer, and upon filing of a bond and payment of a license fee of twenty-five dollars ($25.00) for dealers selling fewer than twelve (12) vehicles in any twelve (12) consecutive month period and one hundred dollars ($100.00) for dealers selling twelve (12) or more vehicles in any twelve (12) consecutive month period as follows:

(iii)

Any additional place of business to be licensed under this act has sufficient facilities such that it could qualify as a principal place of business and
, unless its principal place of business is a web site pursuant to W.S. 31
‑
16
‑
101(a)(xiv)(C),
is located in the same county in which the principal place of business is located;

31
‑
16
‑
106.

Required principal place of business.

The department shall not issue a dealer's license to any applicant without a principal place of business. If the dealer changes the site or location of his principal place of business,

including changing his web site address if he maintains a principal place of business under W.S. 31
‑
16
‑
101(a)(xiv)(C),
he shall immediately notify the department. A new license shall be granted if the new location meets all the requirements of a principal place of business. If a dealer ceases to have a principal place of business he shall immediately surrender his license to the department until the dealer obtains a principal place of business. The dealer's license shall be reissued without charge if a principal place of business is established. Nothing in this act shall be construed to prevent a dealer from conducting the business for which he is licensed at one (1) or more licensed supplemental lots or locations not contiguous but operated and maintained in conjunction with the dealer's principal place of business.

Section 2.

Th
is act is effective July 1, 2011
.

(END)

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HB0014