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