Text: HSB00561 Text: HSB00563 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 322F.1, subsections 1 and 3, Code 2001, 1 2 are amended to read as follows: 1 3 1. "Dealer" or "dealership" means a person engaged in the 1 4 retail sale of equipment, if the person sells equipment1 5designed to be principally used for agricultural or1 6horticultural operations, or raising livestockpursuant to a 1 7 dealership agreement. 1 8 3. a. "Equipment" means a device,orpart of a device, or 1 9 an attachment to a device that is designed to be principally 1 10 used foragriculture,purposes related to any of the 1 11 following: 1 12 (1) Agriculture, including livestock or crop production; 1 13 horticulture, or livestock raising; or floriculture. 1 14 Equipment includes but is not limited to tractors,; trailers,; 1 15 combines,; tillage, planting, and cultivating implements,; 1 16 balers, and; irrigation implements; lawn mowers; lawn and 1 17 garden tractors and implements; and rototillers.Equipment1 18also includes attachments to equipment.1 19 (2) Construction or industry, including devices, parts, or 1 20 attachments associated with earthmoving, industrial material 1 21 handling, mining, forestry, highway construction or 1 22 maintenance, and landscaping. Equipment includes but is not 1 23 limited to tractors, graders, excavators, loaders, and 1 24 backhoes. Equipment includes devices commonly referred to as 1 25 "utility equipment", "industrial equipment", or "outdoor power 1 26 equipment". 1 27 b. Equipment does not include self-propelled machines 1 28 designed primarily for the transportation of persons or 1 29 property on a street or highway. 1 30 Sec. 2. Section 322F.9, Code 2001, is amended to read as 1 31 follows: 1 32 322F.9 APPLICABILITY. 1 33 1. A term of a dealership agreement which is inconsistent 1 34 with the terms of this chapter is void and unenforceable and 1 35 does not waive any rights which are provided to a person 2 1 provided by this chapter. 2 2 2. a.ThisFor all dealership agreements for equipment 2 3 principally used for agricultural or horticultural operations, 2 4 this chapter applies toallthose dealership agreements in 2 5 effect which have no expiration date and all other agreements 2 6 entered into or renewed on or after July 1, 1990. Any such 2 7 dealership agreement in effect on June 30, 1990, which by its 2 8 own terms will terminate on a subsequent date, shall be 2 9 governed by the law as it existed prior to July 1, 1990. 2 10 b. For all dealership agreements, other than for equipment 2 11 principally used for agricultural or horticultural operation, 2 12 this chapter applies to those dealership agreements in effect 2 13 which have no expiration date and all other agreements entered 2 14 into or renewed on or after the effective date of this Act. 2 15 Any such dealership agreement in effect on the effective date 2 16 of this Act, which by its own terms will terminate on a 2 17 subsequent date, shall be governed by the law as it existed 2 18 prior to the effective date of this Act. 2 19 EXPLANATION 2 20 This bill provides for agreements for persons merchandising 2 21 certain equipment under dealership (franchise) agreements 2 22 involving agricultural equipment under Code chapter 322F. 2 23 Generally, Code chapter 322F regulates business 2 24 relationships between dealers and suppliers for purposes 2 25 related to agriculture and horticulture, by providing for the 2 26 terms and conditions of dealership agreements. These terms 2 27 and conditions relate to causes for termination of a 2 28 dealership agreement, including requiring that good cause 2 29 exist for the termination. The requirements relate to the 2 30 repurchase and repossession of equipment following termination 2 31 of a dealership agreement. The Code chapter specifies the 2 32 rights and obligations for dealers and suppliers. It places 2 33 restrictions on supplier practices, and provides for supplier 2 34 liability, and remedies available to the dealer. 2 35 The bill provides that the same provisions that govern 3 1 dealership agreements for agricultural equipment also apply to 3 2 equipment used for a variety of nonagricultural or 3 3 horticultural purposes, including construction or industrial 3 4 purposes associated with earthmoving, industrial material 3 5 handling, mining, forestry, highway construction or 3 6 maintenance, and landscaping. It also provides that the same 3 7 provisions apply to lawn and garden equipment. 3 8 For construction and industrial equipment, the bill applies 3 9 to those dealership agreements in effect which have no 3 10 expiration date and all other agreements entered into or 3 11 renewed on or after the effective date of the bill. 3 12 LSB 5804HC 79 3 13 da/pj/5
Text: HSB00561 Text: HSB00563 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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