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Developed and maintained by the Division of Legislative Automated Systems.
2002 SESSION
HB 1292 Equipment Dealers Protection Act created.
Introduced by: Harvey B. Morgan | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Equipment dealers protection act. Expands protections afforded to retail dealers of farm and other types of equipment with respect to their agreements with wholesalers, manufacturers, or distributors by whom they sell or distribute goods or services or otherwise use a trade name or other commercial symbol. The existing provisions regarding farm machinery dealerships are repealed. Dealer protections include (i) prohibiting suppliers from terminating, failing to renew or substantially changing the competitive circumstances of a dealer agreement without good cause; (ii) requiring a dealer who terminates an agreement with a supplier to give the supplier at least 90 days notice of the termination; (iii) requiring suppliers to give dealers at least ninety days' written notice of termination of the agreement and a sixty-day right to cure any deficiency, or 12 months to cure if the cancellation is based upon the dealer's failure to capture the share of the market required in the agreement; (iv) requiring the supplier to repurchase the dealer's inventory within 90 days following cancellation of the agreement unless the dealer chooses to keep the inventory; and (v) giving the heir of a deceased dealer the option to require the supplier to repurchase the inventory from the heir of the dealer. Suppliers are required to pay warranty claims made by the dealer thirty days after its approval, and to approve or disapprove a warranty claim within 30 days after receipt. Suppliers are also prohibited from coercing a dealer to accept delivery of equipment, parts, or accessories that the dealer has not ordered voluntarily, conditioning the sale of additional equipment to a dealer upon a requirement that the dealer also purchase other goods or services, coercing a dealer into refusing to purchase equipment manufactured by another supplier, and terminating, canceling, or failing to renew or substantially changing the competitive circumstances of the retail agreement based on circumstances beyond the dealer's control.
FULL TEXT
- 01/18/02 House: Presented & ordered printed 025459856 pdf
- 03/13/02 House: Bill text as passed House and Senate (HB1292ER) pdf
- 05/17/02 Governor: Acts of Assembly Chapter text (CHAP0898) pdf
AMENDMENTS
HISTORY
- 01/18/02 House: Presented & ordered printed 025459856
- 01/18/02 House: Referred to Committee on Commerce and Labor
- 02/07/02 House: Reported from Commerce and Labor (22-Y 0-N)
- 02/09/02 House: Read first time
- 02/11/02 House: Read second time and engrossed
- 02/12/02 House: Read third time and passed House BLOCK VOTE (99-Y 0-N)
- 02/12/02 House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
- 02/12/02 House: Reconsideration of passage agreed to by House
- 02/12/02 House: Passed House BLOCK VOTE (100-Y 0-N)
- 02/12/02 House: VOTE: BLOCK VOTE PASSAGE #2 (100-Y 0-N)
- 02/12/02 House: Communicated to Senate
- 02/13/02 Senate: Constitutional reading dispensed
- 02/13/02 Senate: Referred to Committee on Commerce and Labor
- 02/25/02 Senate: Reported from Commerce and Labor (11-Y 0-N)
- 02/27/02 Senate: Const. reading disp., passed by for the day (39-Y 0-N)
- 02/27/02 Senate: VOTE: CONST. RDG. DISPENSED R (39-Y 0-N)
- 02/28/02 Senate: Passed by for the day
- 03/01/02 Senate: Read third time
- 03/01/02 Senate: Passed Senate (40-Y 0-N)
- 03/01/02 Senate: VOTE: PASSAGE R (40-Y 0-N)
- 03/13/02 House: Bill text as passed House and Senate (HB1292ER)
- 03/18/02 House: Enrolled
- 03/18/02 House: Signed by Speaker
- 03/19/02 Senate: Signed by President
- 04/08/02 House: Governor's recommendation received by House
- 04/17/02 House: Placed on Calendar
- 04/17/02 House: House rejected Gov's recommendation (18-Y 80-N)
- 04/17/02 House: VOTE: REJECTED (18-Y 80-N)
- 04/17/02 House: Communicated to Governor
- 05/17/02 Governor: Approved by Governor-Chapter 898 (effective 7/1/02)
- 05/17/02 Governor: Acts of Assembly Chapter text (CHAP0898)