Bill Summary – FastDemocracy

                                                         24LSO-0241
                             STATE OF WYOMING
                             HOUSE BILL NO. HB0154
     Consumer Rental Purchase Agreement Act-amendments.
     Sponsored by: Representative(s) Burkhart, Brown, Henderson,
                    Larsen, L, Larson, JT, Niemiec and Northrup and Senator(s) Case
                                      A BILL
                                       for
 AN ACT relating to trade and commerce; amending the Wyoming
 Consumer Rental-Purchase Agreement Act as     specified;
 amending licensing requirements;     providing for digital
 agreements;    providing definitions;     providing limitations;
 allowing for the inspection of     records;          requiring
 rulemaking; and providing for effective dates.
 7
 Be It Enacted by the Legislature of the State of Wyoming:
 9
        Section 1.   W.S. 40-19-102(a)(xi)(intro), by creating
 new paragraphs (xii) through (xiv) and by renumbering (xii)
 as (xv), 40-19-103, 40-19-106 by creating a new subsection
 (g),       40-19-107(a)(xi)       and       (xiii),       40-19-109(a),
 40-19-111(a)(intro) and (ii)(intro), 40-19-113 by creating
 a new subsection     (f),   40-19-114(a),    (e)     through       (g),
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 (h)(intro) and (j), 40-19-115 by creating a new subsection
 (h),    40-19-117(a)          through         (c)    and by     creating new
 subsections (d) through (f) and 40-19-118 by creating new
 subsections (g) through (j) are amended to read:
 5
        40-19-102.      Definitions.
 7
        (a)   As used in this act:
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              (xi)     "Rental-purchase agreement"         means an
 agreement, which may be in digital form, between a consumer
 and merchant for the use of   property by   the consumer
 primarily for personal, family or household purposes:
14
              (xii)    "Independent third-party retailer
 location"     means       a physical retail location open to
 consumers in Wyoming or an online presence, in each case
 operated by a person who is not a merchant but where a
 merchant regularly offers or       displays property for use
 under rental-purchase agreements;
21
              (xiii)       "Place of       business"     means    a merchant's
 physical retail location open to consumers in Wyoming or a
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 merchant's online presence, in each case where the merchant
 regularly offers or displays the merchant's property for
 use under rental-purchase agreements.         Place of    business
 does not include an    independent third-party retailer
 location;
 6
                (xiv)    "Rental-purchase property" means property
 displayed or offered primarily for rental-purchase pursuant
 to a rental-purchase agreement;
10
                (xii)(xv)     "This act"    means      W.S.        40-19-101
 through 40-19-120.
13
        40-19-103.       Notices.
15
 Notices required by this act shall be given personally or
 sent by     first class or   registered mail to    the known
 residential address of the consumer.                     Notice, if last sent
 by mail,    is given when deposited in    a mailbox properly
 addressed and postage prepaid. Notice may also be given
 upon delivery of the communication to the consumer by email
 or other electronic means if the consumer provides written
 consent to   receive notice by   email or   other electronic
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 means in response to a clear and conspicuous request for
 consent.
 3
         40-19-106.   General requirements of    rental-purchase
 agreements.
 6
         (g)   A merchant may offer or display property for use
 under rental-purchase agreements via      a website,   mobile
 application,     electronic application or       other digital or
 physical means made available by an independent third-party
 retailer or by the merchant.
12
        40-19-107.    Disclosures.
14
        (a)    For each rental-purchase agreement, the merchant
 shall disclose in   the agreement the following items as
 applicable:
18
               (xi)   A statement that the consumer may terminate
 the agreement without penalty by voluntarily surrendering
 or returning the property in good repair, reasonable wear
 and tear excepted, in accordance with the terms of the
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 rental-purchase agreement, along with any past due rental
 payments upon expiration of any rental period;
 3
              (xiii)      The following notice printed or typed in
 a size equal to or greater than ten (10) point bold type
 or, when disclosed in a digital format, outlined with a
 noticeable box in a type and size equal to or larger than
 any surrounding language or otherwise disclosed in a clear
 and conspicuous manner:
10
                            NOTICE TO CONSUMER
12
   Do not sign this agreement before you read it or if it
  contains blank spaces. You are entitled to a copy of the
                            agreement you sign.
16
        40-19-109.     Default; notice of default and right to
 cure.
19
        (a)   In any rental-purchase agreement,     after    a
 consumer is in default for three (3) business days or more
 and does not voluntarily surrender possession of the rented
 property,    a merchant may give the consumer the notice
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 provided in   this section.         Notice may be   given to    the
 consumer under this section by    the merchant personally
 delivering the notice to the consumer or by mailing the
 notice to the consumer's last known residential address.
 Notice may also be given by delivering the communication to
 the consumer by       email or   other electronic means if    the
 consumer provides written consent to     receive notice by
 email or other electronic means in response to a clear and
 conspicuous request for consent.
10
        40-19-111.    Liability damage waivers; fees.
12
        (a)   A    consumer and merchant may contract for     a
 liability damage waiver in physical or digital format.                           The
 selling or offering for sale of a liability damage waiver
 pursuant to this act shall be    subject to the following
 prohibitions and requirements:
18
              (ii)    The liability damage waiver contract shall
 include a statement of the fee for the liability damage
 waiver and shall display the following notice printed or
 typed in a size equal to or greater than ten (10) point
 bold type or, when disclosed in a digital format, outlined
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 with a noticeable box in a type size equal to or larger
 than any surrounding language or otherwise disclosed in a
 clear and conspicuous manner:
 4
        NOTICE: THE PURCHASE OF THIS LIABILITY DAMAGE WAIVER
 IS   NOT     MANDATORY          AND   MAY       BE    DECLINED.           THIS    CONTRACT
 OFFERS, FOR AN ADDITIONAL CHARGE, A LIABILITY DAMAGE WAIVER
 TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE PROPERTY.
 BEFORE DECIDING WHETHER TO PURCHASE THE LIABILITY DAMAGE
 WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR HOMEOWNER'S
 OR CASUALTY INSURANCE, IF ANY, AFFORDS YOU COVERAGE FOR
 DAMAGE       TO    THE    RENTAL      PROPERTY            AND    THE    AMOUNT     OF    THE
 DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE.
14
        40-19-113.         Advertising.
16
        (f)        For rental-purchase property displayed or offered
 to     a consumer by    means of       an online rental-purchase
 agreement or    via electronic commerce or    other digital
 transaction means,    whether at       a merchant's place of
 business or an independent third-party retailer location, a
 merchant may disclose the information required by     this
 section, including the information under subsection (d) of
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 this section, in a digital format. A merchant's disclosure
 in a digital format shall constitute the tag or card under
 subsection (d) of this section, provided the disclosure is
 made before disclosing the information required under W.S.
 40-19-107, includes all information required by subsection
 (d)    of this section and is   clear and conspicuous.      A
 disclosure in    digital format under this section shall
 include an outline of the disclosure with a noticeable box
 in a type size equal to or larger than any surrounding
 language or     otherwise be       presented in     a clear and
 conspicuous manner.
12
        40-19-114.      License required; application for license;
 fee; qualifications.
15
        (a)    Any person acting as a merchant, as defined by
 W.S. 40-19-102(a)(viii), in this state shall be licensed
 with a single statewide license to conduct such business
 under this section.
20
        (e)    The applicant shall be    notified when the
 application is approved.                Within twenty (20) days after
 notification, the applicant shall pay an initial license
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 fee not to exceed five hundred dollars ($500.00), as set by
 rule of     the administrator that shall include only the
 following:
 4
               (i)     An amount not to exceed five hundred dollars
 ($500.00) for each place of business which is a physical
 location, as set by rule of the administrator;
 8
               (ii)     An amount not to        exceed one thousand
 dollars      ($1,000.00)       if the applicant displays or   offers
 rental purchase property through an independent third-party
 retailer location regardless of the number of independent
 third-party retailer locations,           as set by   rule of   the
 administrator; and
15
               (iii)     An amount not to       exceed five hundred
 dollars ($500.00) if the applicant has a place of business
 that is     an online presence,           and the applicant is   not
 subject to the amounts in paragraphs (i) or (ii) of this
 subsection.
21
        (f)    Each office or    place of    business,         including
 online presence,       and independent third-party retailer
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 location as of the time of application shall be licensed
 separately disclosed in      the application to     the
 administrator,        provided that the independent third-party
 retailer locations may be     deemed confidential business
 information and not subject to public disclosure.
 6
        (g)   Each license shall state the primary address of
 the office from which the business is to be conducted and
 the name of the licensee.          The license shall be prominently
 displayed at     the each place of    business named in    the
 license of the licensee that is a physical location open to
 consumers. If the licensee has no place of business that is
 a physical location open to consumers, the license number
 shall be clearly displayed at the online presence of the
 licensee.     The license shall not be     transferable or
 assignable.
17
        (h)   If   a licensee wishes to    move his office the
 primary address listed on the license to another location,
 the licensee shall:
21
        (j)   Each license issued under this section shall
 expire on July 1 December 31.             The license shall be renewed
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 annually not less than thirty           (30)    days before the
 expiration date.          The by submitting a request for renewal
 on a form designated by the administrator. The licensee
 shall pay a renewal fee for each license that shall not
 exceed five hundred dollars ($500.00), as set by rule of
 the administrator only include the following:
 7
              (i)     An amount not to exceed five hundred dollars
 ($500.00) for each place of business which is a physical
 location, as set by rule of the administrator;
11
              (ii)    An amount not to     exceed one thousand
 dollars     ($1,000.00)      if the applicant displays or   offers
 rental purchase property through an independent third-party
 retailer location regardless of the number of independent
 third-party retailer locations,           as set by    rule of   the
 administrator; and
18
              (iii)    An amount not to    exceed five hundred
 dollars ($500.00) if the applicant has a place of business
 that is    an online presence,           and the applicant is   not
 subject to the amounts in paragraphs (i) or (ii) of this
 subsection.
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 1
        40-19-115.       Revocation or suspension of license.
 3
        (h)    In lieu of   a revocation or    suspension of    a
 license as provided in this section, the administrator may
 order a licensee to cease acting as a merchant at any place
 of business or          independent third-party retailer location
 within Wyoming.         Any order under this subsection is subject
 to the same laws and regulations applicable to revocation
 or suspension of a license.
11
        40-19-117.       Examination and investigation.
13
        (a)    Upon complaint The administrator may examine and
 copy the records of a conduct examinations of licensees
 under this act at intervals he deems necessary, but no more
 frequently than one (1) time per year per licensee,.                         The
 investigation may be made for the purposes of discovering
 to determine whether violations of this act or securing
 information lawfully required.              For these purposes he shall
 have free and reasonable access during normal office hours
 to the offices,     places of    business and records of   the
 licensee.      Each licensee shall pay to the administrator an
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 amount assessed by the administrator to cover the direct
 and indirect cost of an investigation under this subsection
 are occurring and the frequency and seriousness of   any
 violations.
 5
        (b)   For the purposes In addition to the examinations
 provided for in         subsection (a) of this section,   if the
 administrator has probable cause to believe that a licensee
 has engaged in a violation of this act, he may make an
 investigation to   determine if   the alleged violation has
 been committed,      and,       to the extent necessary for this
 purpose, may administer oaths or affirmations., and Upon
 his own motion or    upon request of   any party,    he may
 subpoena witnesses,            compel their attendance,      adduce
 evidence and require the production of any matter which is
 relevant to   the investigation,          including the existence,
 description, nature, custody, condition and location of any
 books, documents or other tangible things and the identity
 and location of person having knowledge of relevant facts
 or any other matter reasonably calculated to lead to the
 discovery of admissible evidence.
22
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        (c)   Upon failure without lawful excuse to    obey    a
 subpoena or to give testimony and upon If a person being
 investigated under this section maintains records outside
 this state, the person at his option shall either make them
 available at a location within this state convenient to the
 administrator, which may include an electronic portal or
 other online method for making records available, or pay
 the reasonable notice to all persons affected thereby, and
 necessary expenses for the administrator or   his
 representative to examine t