Text: H08115                            Text: H08117
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House Amendment 8116

Amendment Text

PAG LIN
  1  1    Amend House File 2489 as follows:
  1  2    #1.  By striking everything after the enacting
  1  3 clause and inserting the following:
  1  4    "Section 1.  Section 322D.1, Code 2001, is amended
  1  5 by adding the following new subsection:
  1  6    NEW SUBSECTION.  01.  "All-terrain vehicle" means
  1  7 the same as defined in section 321G.1.
  1  8    Sec. 2.  Section 322D.1, subsection 1, Code 2001,
  1  9 is amended to read as follows:
  1 10    1.  "Attachment" means a machine or part of a
  1 11 machine designed to be used on and in conjunction with
  1 12 a farm implement, or a motorcycle, or all-terrain
  1 13 vehicle.
  1 14    Sec. 3.  Section 322D.1, subsection 3, paragraphs b
  1 15 and e, Code 2001, are amended to read as follows:
  1 16    b.  The franchisee is granted the right to offer
  1 17 and sell farm implements, or motorcycles, all-terrain
  1 18 vehicles, or related parts or attachments manufactured
  1 19 or distributed by the franchiser.
  1 20    e.  The operation of the franchisee's business is
  1 21 substantially reliant on the franchiser for the
  1 22 continued supply of farm implements, motorcycles, all-
  1 23 terrain vehicles, or related parts, or attachments.
  1 24    Sec. 4.  Section 322D.1, subsections 4 through 6,
  1 25 Code 2001, are amended to read as follows:
  1 26    4.  "Franchisee" means a person who receives farm
  1 27 implements, or motorcycles, all-terrain vehicles, or
  1 28 related parts for farm implements or motorcycles or
  1 29 attachments from the franchiser under a franchise and
  1 30 who offers and sells the farm implements, or
  1 31 motorcycles, all-terrain vehicles, or their related
  1 32 parts or attachments to the general public.
  1 33    5.  "Franchiser" means a person who manufactures,
  1 34 wholesales, or distributes farm implements, or
  1 35 motorcycles, all-terrain vehicles, or related parts
  1 36 for farm implements or motorcycles or attachments, and
  1 37 who enters into a franchise.
  1 38    6.  "Motorcycle" has the same meaning means a motor
  1 39 vehicle as defined in section 321.1, subsection 40,
  1 40 paragraph "a" other than an all-terrain vehicle, which
  1 41 has a saddle or seat for the use of a rider and that
  1 42 is designed to travel on not more than two wheels in
  1 43 contact with the ground, but excluding a motorized
  1 44 bicycle as defined in section 321.1.
  1 45    Sec. 5.  Section 322D.2, Code 2001, is amended to
  1 46 read as follows:
  1 47    322D.2  FRANCHISEE'S RIGHTS TO PAYMENT.
  1 48    1.  A franchisee who enters into a written
  1 49 franchise with a franchiser to maintain a stock of
  1 50 farm implements, motorcycles, all-terrain vehicles, or
  2  1 related parts, or attachments, farm implements, or
  2  2 motorcycles has the following rights to payment, at
  2  3 the option of the franchisee, if the franchise is
  2  4 terminated:
  2  5    a.  One hundred percent of the net cost of new
  2  6 unused complete farm implements, or motorcycles,
  2  7 including all-terrain vehicles, or related
  2  8 attachments, which were purchased from the franchiser,
  2  9 and in.  In addition, the franchisee shall have a
  2 10 right of payment for transportation charges on the
  2 11 farm implements, or motorcycles, or all-terrain
  2 12 vehicles which have been paid by the franchisee.
  2 13    b.  Eighty-five percent of the net prices of any
  2 14 repair parts, including superseded parts, which were
  2 15 purchased from the franchiser and held by the
  2 16 franchisee on the date of that the termination of the
  2 17 franchise terminated.
  2 18    c.  Five percent of the net prices of the parts
  2 19 resold under paragraph "b" for handling, packing, and
  2 20 loading of the parts except that.  However, this
  2 21 payment shall not be due to the franchisee if the
  2 22 franchiser elects to perform the handling, packing,
  2 23 and loading.
  2 24    2.  Upon receipt of the payments due under
  2 25 subsection 1, the franchiser is entitled to possession
  2 26 of and title to the farm implements, motorcycles, all-
  2 27 terrain vehicles, or related parts or attachments, or
  2 28 parts.
  2 29    3.  The cost of farm implements, motorcycles, all-
  2 30 terrain vehicles, or related attachments and the price
  2 31 of repair parts shall be determined by reference to
  2 32 the franchiser's price list or catalog in effect at
  2 33 the time of the franchise termination.
  2 34    Sec. 6.  Section 322D.3, subsections 7 and 9, Code
  2 35 2001, are amended to read as follows:
  2 36    7.  A farm implement, or motorcycle, or all-terrain
  2 37 vehicle which is not in new, unused, undamaged, or
  2 38 complete condition.
  2 39    9.  A farm implement, or motorcycle, or all-terrain
  2 40 vehicle which was purchased twenty-four months or more
  2 41 prior to the termination of the franchise.
  2 42    Sec. 7.  NEW SECTION.  322D.9  APPLICATION – ALL-
  2 43 TERRAIN VEHICLES.
  2 44    1.  This chapter applies to a franchise for all-
  2 45 terrain vehicles only if chapter 322F does not apply
  2 46 to a dealership engaged in the retail sale of
  2 47 equipment designed to be principally used for
  2 48 agricultural operations under chapter 322F.
  2 49    2.  The rights under section 322D.2, subsection 1,
  2 50 shall apply to a franchise for all-terrain vehicles as
  3  1 follows:
  3  2    a.  All franchises in effect on the effective date
  3  3 of this Act that have no expiration date and are
  3  4 continuing franchises.
  3  5    b.  Franchises that have been executed or renewed
  3  6 on or after the effective date of this Act, but only
  3  7 for all-terrain vehicles and related parts or
  3  8 attachments purchased on or after the effective date
  3  9 of this Act.
  3 10    Sec. 8.  Section 322F.1, Code 2001, is amended by
  3 11 adding the following new subsection:
  3 12    NEW SUBSECTION.  01.  "All-terrain vehicle" means
  3 13 the same as defined in section 321G.1.
  3 14    Sec. 9.  Section 322F.1, subsections 1 and 3, Code
  3 15 2001, are amended to read as follows:
  3 16    1.  "Dealer" or "dealership" means a person engaged
  3 17 in the retail sale of equipment, if the person sells
  3 18 equipment designed to be principally used for
  3 19 agricultural or horticultural operations, or raising
  3 20 livestock including but not limited to livestock or
  3 21 crop production or horticulture.
  3 22    3.  a.  "Equipment" means a any of the following:
  3 23    (1)  A device or part of a device designed to be
  3 24 used for any purpose related to agriculture, including
  3 25 but not limited to livestock or crop production or
  3 26 horticulture, or livestock raising.  Equipment
  3 27 "Equipment" includes but is not limited to tractors,
  3 28 trailers, combines, tillage, planting, and cultivating
  3 29 implements, balers, and irrigation implements.
  3 30    (2)  All-terrain vehicles, as defined in section
  3 31 321G.1.
  3 32    b.  Equipment also includes attachments to For
  3 33 purposes of this chapter, attachments to equipment
  3 34 shall be deemed equipment.
  3 35    c.  Equipment does not include self-propelled
  3 36 machines designed primarily for the transportation of
  3 37 persons or property on a street or highway.
  3 38    Sec. 10.  Section 322F.9, Code 2001, is amended to
  3 39 read as follows:
  3 40    322F.9  APPLICABILITY.
  3 41    1.  A term of a dealership agreement which that is
  3 42 inconsistent with the terms of this chapter is void
  3 43 and unenforceable and does not waive any rights which
  3 44 that are provided to a person provided by this
  3 45 chapter.
  3 46    2.  a.  This For all dealership agreements other
  3 47 than those for all-terrain vehicles, this chapter
  3 48 applies to all those dealership agreements in effect
  3 49 which that have no expiration date and all other
  3 50 agreements entered into or renewed on or after July 1,
  4  1 1990.  Any such dealership agreement in effect on June
  4  2 30, 1990, which by its own terms will terminate on a
  4  3 subsequent date, shall be governed by the law as it
  4  4 existed prior to July 1, 1990.
  4  5    b.  For all dealership agreements for all-terrain
  4  6 vehicles, this chapter applies to those dealership
  4  7 agreements in effect that have no expiration date and
  4  8 all other such dealership agreements entered into or
  4  9 renewed on or after the effective date of this Act.
  4 10 Any such dealership agreement in effect on the
  4 11 effective date of this Act, which by its own terms
  4 12 will terminate on a subsequent date, shall be governed
  4 13 by the law as it existed prior to the effective date
  4 14 of this Act."
  4 15    #2.  Title page, line 3, by striking the words
  4 16 "franchisers and franchisees" and inserting the
  4 17 following:  "suppliers and dealers".  
  4 18 
  4 19 
  4 20                               
  4 21 JOHNSON of Osceola
  4 22 HF 2489.301 79
  4 23 da/cf
     

Text: H08115                            Text: H08117
Text: H08100 - H08199                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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