Article 1 definitions 31‑1‑101. Definitions



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31‑13‑112.  Release of liability for removal and storage of, and for lost or damaged items in, abandoned vehicles; disposition of personal property within a vehicle; optional court action.
(a)  A person who removes or stores a vehicle under this act or otherwise at the request of a police officer, shall not incur any civil liability for the removal or storage except for failure to exercise reasonable care in the performance of the removal or storage.
(b)  If any vehicle is removed from any highway, or public or private property as provided herein, the owner of the vehicle may not institute in any state court a suit in law or equity against any police officer or his agents for the recovery of the value of any item in or on the vehicle that may be lost, stolen or damaged resulting therefrom.
(c)  A person who has custody of a vehicle removed or stored or otherwise at the request of a police officer shall release the personal property within the vehicle to the owner of the vehicle or a person acting as agent for the owner during regular office hours upon presentation of proper identification. No charge may be assessed against the owner or agent for the removal or release of the personal property.
(d)  A vehicle defined as abandoned under W.S. 31‑13‑101(a)(x)(D), including vehicles left unattended or unclaimed at an establishment for towing and recovery services, may be disposed of as are other abandoned vehicles.
(e)  A property owner or person in lawful control of the property upon which a vehicle is abandoned or any sheriff who is authorized to sell an abandoned vehicle pursuant to this act may in lieu of selling the vehicle, file or cause to be filed by the county attorney if a sheriff, an action in the county where the vehicle is impounded in the circuit court. The action shall be in rem and against the vehicle, vehicle owner, and all known and unknown parties with an interest in the vehicle. The defendants in the action shall be served as provided in the Wyoming Rules of Civil Procedure. Judgment in the civil action is limited to the value of the vehicle as determined by its sale price at the sale conducted by the sheriff after judgment is entered. All expenses incident to the removal, preservation, custody, sale and storage of the vehicle shall be paid. Except as otherwise provided in W.S. 31‑13‑111(f), any remaining proceeds:
(i)  Shall be distributed pursuant to W.S. 31‑13‑111 if a vehicle is impounded by a police officer pursuant to W.S. 31‑13‑104; or
(ii)  May be retained by the property owner or person in lawful control of the property upon which a vehicle is abandoned who files an action pursuant to this subsection.
(f)  After any vehicle has been sold under subsection (e) of this section, the former owner, any lienholder or person entitled to possession of the vehicle has no further right, title, claim or interest in or to the vehicle or its contents, and all liens, encumbrances and security interests are extinguished.
(g)  Repealed by Laws 2016, ch. 109, § 3.
31‑13‑113.  Repealed by Laws 1993, ch. 27, § 2.
31‑13‑114.  Licensing of storage and disposal facilities; records by licensees.
(a)  No person shall, unless licensed to do so by the department:
(i)  Sell as a business used parts of or used accessories for vehicles;
(ii)  Wreck or dismantle vehicles as a business for resale of the parts thereof;
(iii)  Rebuild wrecked or dismantled vehicles as a business; or
(iv)  Engage as a business in the storage or disposal of vehicles, the parts of which are suitable for reuse or recycling.
(b)  Application for a license shall be made on a form prescribed by the department containing the name of the applicant, the address or addresses where the business or activity is to be conducted, the nature of the business or activity, enumerated in subsection (a) of this section, the residence address of the applicant if an individual, the names and residence addresses of the partners of the applicant if a partnership, the names and residence of the principal officers of the applicant, and the state of its incorporation if a corporation. The application shall be verified by the oath or affirmation of the applicant if a sole proprietorship, by a partner if a partnership, or by an officer if a corporation. The application shall be accompanied by a fee of twenty‑five dollars ($25.00) to be paid into the highway fund.
(c)  The department shall issue to an applicant a license to carry on and conduct a business or activity as specified in the application for a period of one (1) year following the date on which the license is issued. The department shall reissue the license to the applicant when it is satisfied the applicant has complied with this act and the laws of this state relating to registration and certificates of titles of vehicles.
(d)  The department shall suspend or revoke a license, upon fifteen (15) days prior written notice by certified mail and after giving the licensee an opportunity for a hearing, if it finds:
(i)  The license was fraudulently procured or erroneously issued; or
(ii)  The applicant, or any partner or principal officer of the applicant, if a partnership or a corporation, has failed to comply with this section and the laws of the state relating to registration of and certificates of title of vehicles.
(e)  Every licensee shall maintain for three (3) years, in the form the department prescribes, a record of:
(i)  Every vehicle or vehicle body, chassis or engine of or for a vehicle received or acquired by him, its description and identifying number, the date of its receipt or acquisition, and the name and address of the person from whom received or acquired;
(ii)  Every vehicle or vehicle body, chassis or engine disposed of by him, its description and identifying number, the date of its disposition, and the name and address of the person to whom disposed; and
(iii)  Every vehicle wrecked or dismantled by him and the date of its wrecking or dismantling. Every such record shall be open to inspection by any representative of the department or police officer during reasonable business hours.
(f)  The department shall not issue a license under this law to any person who is located in any area with a residential zoning.
31‑13‑115.  Providing disposal facilities by state.
If otherwise not economically available to resident owners of vehicles, the department or appropriate state agency shall provide, by contract to private persons or political subdivisions, facilities for the collection and proper disposal of the vehicles at the request of the owner.
31‑13‑116.  Penalty for violation.
Every person convicted of violating this act may be fined not to exceed five hundred dollars ($500.00), imprisoned for not more than six (6) months, or both.
CHAPTER 14

MOTOR CLUB SERVICES


31‑14‑101.  Short title; administration.
This act may be cited as the "Motor Club Services Act" and shall be administered by the insurance commissioner.
31‑14‑102.  Definitions.
(a)  As used in this act:
(i)  "Bail bond service" means the furnishing or procuring by a motor club of a cash deposit or undertaking required by law in order that a person accused of violation of any law may enjoy personal freedom pending trial;
(ii)  "Buying and selling service" means an arrangement by a motor club whereby the holder of a service contract with the club is aided in any way in the purchase or sale of an automobile;
(iii)  "Claim adjustment service" means an act by a motor club for the purpose of adjusting claims on behalf of the holder of a service contract with the club, when the claim results from injury or damage to person or property arising out of an accident, in connection with the ownership, maintenance, operation and use of a motor vehicle;
(iv)  "Club agent" means a person other than the motor club itself who acts or aids in any manner in the solicitation, delivery or negotiation of any service contract, or of the renewal or continuance thereof;
(v)  "Commissioner" means the insurance commissioner of this state;
(vi)  "Discount service" means an arrangement by a motor club resulting in giving special discounts, rebates or reductions of price on gasoline, oil, repairs, parts, accessories or service for motor vehicles to holders of service contracts with the club;
(vii)  "Emergency road service" means the adjustment, repair or replacement by a motor club of the equipment, tires or mechanical parts of a motor vehicle so as to permit it to be operated under its own power;
(viii)  "Financial service" means an arrangement by a motor club whereby loans or other advances of money are made to holders of service contracts with the club;
(ix)  "Insurance service" means the selling or giving, with a service contract or as a result of membership in or affiliation with a motor club, of a policy of insurance written by an authorized insurance carrier covering liability or loss by the holder resulting from injury or damage to person or property arising out of an accident the liability or loss being the consequence of the ownership, maintenance, operation or use of a motor vehicle;
(x)  "License service" means the rendering of assistance by a motor club to any person obtaining:
(A)  Registration of a motor vehicle with the state;
(B)  A driver's license;
(C)  A transfer of legal ownership or registration in the records of the department of transportation.
(xi)  "Map service" means the furnishing of a motor club of road maps without cost to holders of service contracts with the club;
(xii)  "Motor club" means a person directly or indirectly engaged, either as principal or agent, in selling or offering for sale, furnishing or procuring motor club service;
(xiii)  "Motor club service" means the rendering or procuring of any of the services defined in this act to any person in connection with the ownership, operation, use or maintenance of a motor vehicle by the person upon any of the following considerations:
(A)  The person is or will become a member of the club rendering or furnishing the service;
(B)  The person is or will become in any manner affiliated with the club;
(C)  The person is or will become entitled to receive membership or other motor club service from the club by virtue of any agreement or understanding with the club.
(xiv)  "Service contract" means a written agreement whereby any person promises for a consideration to render, furnish or procure motor club service for any other person;
(xv)  "Theft service" means an act by a motor club for the purpose of locating, identifying or recovering a stolen or missing motor vehicle owned or controlled by the holder of a service contract with the club or for the purpose of detecting or apprehending the person guilty of the theft;
(xvi)  "Touring service" means the furnishing by a motor club of touring information without cost to holders of service contracts with the club;
(xvii)  "Towing service" means the drafting or moving by a motor club of a motor vehicle from one place to another under other power than its own;
(xviii)  "This act" means W.S. 31‑14‑101 through 31‑14‑131.
31‑14‑103.  Required security.
(a)  A person shall not render or agree to render motor club service without first depositing and thereafter continuously maintaining security in one (1) of the following forms with the commissioner:
(i)  One hundred thousand dollars ($100,000.00) in cash;
(ii)  Securities approved by the commissioner having a market value of one hundred thousand dollars ($100,000.00) and approved by the commissioner and legal for investment by admitted insurers issuing nonassessable policies on a reserve basis;
(iii)  A surety bond in the principal sum of one hundred thousand dollars ($100,000.00) with an admitted surety insurer as surety.
(b)  In lieu of the deposit required by subsection (a) of this section, a foreign or alien motor club may deposit evidence satisfactory to the commissioner that it has on deposit with an officer of a state of the United States of America, authorized by the law of such state to accept the deposit:
(i)  Securities which meet the requirements of subsection (a) of this section of at least a like amount for the benefit and security of all members and creditors of the motor club; or
(ii)  A surety bond in the principal sum of one hundred thousand dollars ($100,000.00) which meets the requirements of W.S. 31‑14‑104 issued by a bonding company authorized to do business in the state of Wyoming and in the state where the bond is posted.
31‑14‑104.  Purpose of security; conditions.
(a)  The security shall be:
(i)  For the protection, use and benefit of all persons whose applications for membership in a motor club have been accepted by the club or its representative;
(ii)  Subject to the following conditions and, if a bond, shall be so expressly conditioned:
(A)  The club will faithfully furnish and render to members any and all of the motor club services sold or offered for sale by it;
(B)  The club will pay any fines, fees or penalties imposed upon it under or pursuant to this act.
31‑14‑105.  Suit on bond; aggregate liability of surety.
If a bond, or evidence of a bond filed in another state, is filed, any person defrauded or injured by any wrongful act, misrepresentation or failure on the part of a motor club with respect to the selling or rendering of any of its services may bring suit on the bond in his own name but the aggregate liability of the surety for all suits shall not exceed the sum of the bond.
31‑14‑106.  Conditions applicable to deposit of cash or securities.
A deposit of cash or securities, in lieu of bond, shall be subject to the conditions applying to the bond and is also subject to execution on judgments against the club.
31‑14‑107.  Approval of name by commissioner.
The name of a motor club shall be submitted to the commissioner for approval before the commencement of business. The commissioner may reject any name so submitted when the proposed name would interfere with the transactions of a motor club already doing business in this state or is so similar to one already appropriated as to confuse or mislead the public.
31‑14‑108.  Required certificate of authority.
A person shall not render or agree to render motor club service in this state without first procuring from the commissioner a certificate of authority to act.
31‑14‑109.  Prerequisites to issuance of certificate of authority.
(a)  The commissioner shall not issue a certificate of authority to any motor club until:
(i)  It files with him the following:
(A)  A formal application for the certificate in such form and detail as the commissioner requires, executed under oath by its president or other principal officer;
(B)  A certified copy of its charter or articles of incorporation and its bylaws.
(ii)  It pays to the commissioner an annual license fee of one hundred dollars ($100.00);
(iii)  It deposits the required cash, securities, bond or evidence of deposit in another state as provided by W.S. 31‑14‑103 with the commissioner;
(iv)  Its name is approved by the commissioner under W.S. 31‑14‑107.
31‑14‑110.  Expiration of certificate of authority.
Every certificate of authority issued to a motor club shall expire annually on July 1, of each year, unless sooner revoked or suspended.
31‑14‑111.  Revocation or suspension of certificate of authority.
(a)  The commissioner shall revoke or suspend the certificate of authority of a motor club whenever, after a hearing, he finds in accordance with the procedure provided by W.S. 26‑2‑125 through 26‑2‑129, that any of the following circumstances exist:
(i)  The club has violated any provision of this act;
(ii)  It is insolvent;
(iii)  Its assets are less than its liabilities;
(iv)  It or its officers refuse to submit to an examination;
(v)  It is transacting business fraudulently.
(b)  The commissioner shall give notice of revocation or suspension to the public in such manner as he deems proper.
31‑14‑112.  Examination of clubs; financial statement in lieu thereof.
(a)  Every motor club is subject to examination by the commissioner in the manner and under the conditions provided for examination of insurers pursuant to W.S. 26‑2‑116 through 26‑2‑118 and 26‑2‑120 through 26‑2‑122. In the examination the assets of any motor club are such assets as are deemed by the insurance commissioner to be available for the payment of the obligations of the motor club.
(b)  The expense of examination shall be paid by the motor club.
(c)  In lieu of examination under subsection (a) of this section, the commissioner may accept a copy of the most recent financial statement of the motor club which has been audited by an independent certified public accountant demonstrating that the motor club is solvent as determined by generally accepted accounting principles on a going‑concern basis.
31‑14‑113.  Appointment of commissioner as club's attorney; service of process thereon.
Every motor club desiring to transact business in this state shall file with the commissioner a duly executed instrument whereby the motor club shall appoint and constitute the commissioner and his successor or successors in office the true and lawful attorney of the motor club upon whom all lawful process in any action or legal proceeding against it on a contract issued or cause of action arising in this state may be served, and shall agree that any lawful process against it which may be served upon its attorney as provided in this section shall be of the same force and validity as if served upon the motor club and that the authority thereof shall continue in force irrevocably so long as any liability of the motor club in the state remains outstanding.
31‑14‑114.  Approval of service contract by commissioner.
A service contract shall not be executed, issued or delivered in this state until the form thereof is approved in writing by the commissioner.
31‑14‑115.  Membership card or certificate; date and signature on service contract.
Every service contract executed, issued or delivered in this state shall be accompanied by a membership card or certificate and shall be dated and signed by the motor club issuing it.
31‑14‑116.  Contents of service contract.
(a)  A service contract shall not be executed, issued or delivered in this state unless it contains the following:
(i)  The exact corporate or other name of the club;
(ii)  The exact location of its home office and of its usual place of business in this state, giving street number and city;
(iii)  A provision that the contract may be canceled at any time by either the club or the holder, and that the holder will, if he has actually paid the consideration, thereupon be entitled to the unused portion of the consideration paid for the contract, calculated on a pro rata basis over the period of the contract, without any deductions;
(iv)  A provision plainly specifying:
(A)  The services promised;
(B)  That the holder will not be required to pay any sum, in addition to the amount specified in the contract, for any services thus specified;
(C)  The territory wherein services are to be rendered;
(D)  The date when service will commence.
(v)  A statement in not less than fourteen (14) point modern type at the head of the contract stating, "This is not an automobile liability or physical damage insurance contract."
31‑14‑117.  Solicitation to purchase service contract.
A person shall not solicit or aid in the solicitation of another person to purchase a service contract issued by a club not having a certificate of authority procured pursuant to this act.
31‑14‑118.  Misrepresentations as to service contracts.
A club or an officer or agent thereof shall not in any manner misrepresent the terms, benefits or privileges of any service contract issued or to be issued by it.
31‑14‑119.  Validity of service contract.
Any service contract made, issued or delivered contrary to any provision of this act, shall nevertheless be valid and binding on the club.
31‑14‑120.  Required agent's license.
No person shall act as a club agent in this state without first procuring a license to act from the commissioner.
31‑14‑121.  Application for agent's license.
(a)  Application for a license as a club agent shall be made to the commissioner upon forms prescribed and furnished by him. As a part of, or in connection with, any application, the applicant shall furnish information concerning his identity, personal history, experience, business record and other pertinent facts which the commissioner may reasonably require.
(b)  If the applicant is a firm, partnership or corporation, the application, in addition to the requirements of subsection (a) of this section, shall:
(i)  Contain the names of all members and officers of the firm, partnership or corporation; and
(ii)  Designate who is to exercise the powers to be conferred by the license on the firm, partnership or corporation.
(c)  The commissioner shall require each individual of a firm, partnership or corporation to furnish information to him as though applying for an individual license.
(d)  Any person willfully misrepresenting any fact required to be disclosed in any application is subject to the penalties provided by W.S. 31‑14‑131.
31‑14‑122.  General conditions for issuance or renewal of agent's license.
(a)  For the protection of the people of this state, the commissioner shall not:
(i)  Issue or renew any club agent's license except in compliance with this act;
(ii)  Issue or renew any club agent's license to, or to be exercised by, any person found by him to be untrustworthy or incompetent, or who has not established to the satisfaction of the commissioner that he is qualified therefor in accordance with this act.
31‑14‑123.  Qualifications for agent licensee.
(a)  The commissioner shall license as a club agent only an individual who has otherwise complied with this act, and who has furnished evidence satisfactory to the commissioner that he:
(i)  Is an adult;
(ii)  Has been a bona fide resident of this state for at least three (3) months or is a resident of a state which will permit residents of this state to act as club agents in such other state;
(iii)  Is a trustworthy person with a good reputation;
(iv)  Has never been convicted of a felony;
(v)  Holds an insurance agent or an insurance broker's license if the service includes insurance.
31‑14‑124.  Form and contents of agent's license.
(a)  The commissioner shall prescribe the form of the club agent's license, but it shall contain:
(i)  The name of the licensee and his business address;
(ii)  The date of issuance and the date of expiration;
(iii)  The name of the represented motor club.
31‑14‑125.  Annual renewal of agent's license; fee.
(a)  Club agents' licenses are renewable on July 1 of each year.
(b)  The license fee is ten dollars ($10.00) a year.
31‑14‑126.  Grounds for suspension, revocation or refusal to renew agent's license generally.
(a)  The commissioner may suspend, revoke or refuse to renew any club agent's license issued under this act for any cause specified in any other provision of this act, or for any of the following causes:
(i)  If the licensee willfully violated or knowingly participates in the violation of any provision of this act;
(ii)  If the licensee has obtained or attempted to obtain any license through willful misrepresentation or fraud;
(iii)  If the licensee has misappropriated or converted to his own use or has illegally withheld monies required to be held in a fiduciary capacity;
(iv)  If the licensee has, with intent to deceive, materially misrepresented the terms or effect of any contract, or has engaged in any fraudulent transaction;
(v)  If the licensee has been convicted, by final judgment, of a felony;
(vi)  If, in the conduct of his affairs under the license, the licensee has shown himself to be incompetent, untrustworthy or a source of injury and loss to the public;
(vii)  If the licensee fails to maintain his insurance agent's license in full force and effect if the service includes insurance.

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