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House File 2106

Partial Bill History

Bill Text

PAG LIN
  1  1                                           HOUSE FILE 2106
  1  2 
  1  3                             AN ACT
  1  4 PROHIBITING MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS,
  1  5    WHOLESALERS, AND IMPORTERS FROM BEING LICENSED AS,
  1  6    OWNING AN INTEREST IN, OPERATING, OR CONTROLLING A
  1  7    MOTOR VEHICLE DEALER, PROVIDING EXCEPTIONS, AND MAKING
  1  8    A PENALTY APPLICABLE.
  1  9 
  1 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 11 
  1 12    Section 1.  Section 322.3, Code Supplement 1999, is amended
  1 13 by adding the following new subsection:
  1 14    NEW SUBSECTION.  14.  A manufacturer, distributor,
  1 15 wholesaler, or importer shall not directly or indirectly be
  1 16 licensed as, own an interest in, operate, or control a motor
  1 17 vehicle dealer.  This subsection shall not prohibit any of the
  1 18 following:
  1 19    a.  A manufacturer or importer from being licensed as a
  1 20 motor vehicle dealer or owning an interest in, operating, or
  1 21 controlling a motor vehicle dealership for a period not to
  1 22 exceed one year to facilitate transfer of the motor vehicle
  1 23 dealership to a new owner if both of the following apply:
  1 24    (1)  The prior owner transferred the motor vehicle
  1 25 dealership to the manufacturer or importer.
  1 26    (2)  The motor vehicle dealership is continuously offered
  1 27 for sale by the manufacturer or importer upon reasonable terms
  1 28 and conditions.
  1 29    b.  A manufacturer or importer from temporarily owning an
  1 30 interest in a motor vehicle dealership for the purpose of
  1 31 enhancing opportunities for persons who lack the financial
  1 32 resources to purchase the motor vehicle dealership without
  1 33 such assistance.  A manufacturer or importer may temporarily
  1 34 own an interest in a motor vehicle dealership pursuant to this
  1 35 paragraph only if the manufacturer or importer enters into a
  2  1 contract with a person pursuant to whom all of the following
  2  2 apply:
  2  3    (1)  The person operates the motor vehicle dealership.
  2  4    (2)  The person has made a significant financial investment
  2  5 in the motor vehicle dealership and is subject to loss on such
  2  6 investment.
  2  7    (3)  The person has an ownership interest in the motor
  2  8 vehicle dealership.
  2  9    (4)  The person will acquire full ownership of the motor
  2 10 vehicle dealership within a reasonable time under reasonable
  2 11 conditions.
  2 12    c.  A manufacturer or importer from owning an interest in,
  2 13 operating, or controlling a person whose primary business is
  2 14 renting motor vehicles and who is licensed as a used motor
  2 15 vehicle dealer.
  2 16    d.  A manufacturer of motor homes, as defined in section
  2 17 321.1, or a manufacturer of school buses, as defined in
  2 18 section 321.1, from owning an interest in, operating, or
  2 19 controlling a motor vehicle dealer of the motor homes or
  2 20 school buses manufactured by that manufacturer or from being
  2 21 licensed as a motor vehicle dealer only of the motor homes or
  2 22 school buses manufactured by that manufacturer.
  2 23    e.  A manufacturer from owning a minority interest in an
  2 24 entity that owns and operates motor vehicle dealers, licensed
  2 25 under this chapter or the laws of the jurisdiction in which
  2 26 they are located, of the line-make manufactured by the
  2 27 manufacturer if all of the motor vehicle dealers owned and
  2 28 operated by the entity in this state are motor vehicle dealers
  2 29 of only the line-make manufactured by the manufacturer and if,
  2 30 on January 1, 2000, there was not less than one and not more
  2 31 than three motor vehicle dealers of that line-make licensed
  2 32 under this chapter.  
  2 33 
  2 34 
  2 35                                                             
  3  1                               BRENT SIEGRIST
  3  2                               Speaker of the House
  3  3 
  3  4 
  3  5                                                             
  3  6                               MARY E. KRAMER
  3  7                               President of the Senate
  3  8 
  3  9    I hereby certify that this bill originated in the House and
  3 10 is known as House File 2106, Seventy-eighth General Assembly.
  3 11 
  3 12 
  3 13                                                             
  3 14                               ELIZABETH ISAACSON
  3 15                               Chief Clerk of the House
  3 16 Approved                , 2000
  3 17 
  3 18 
  3 19                               
  3 20 THOMAS J. VILSACK
  3 21 Governor
     

Text: HF02105                           Text: HF02107
Text: HF02100 - HF02199                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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