Text: SF02083 Text: SF02085 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 2084 1 2 1 3 AN ACT 1 4 RELATING TO BUSINESS RELATIONSHIPS BETWEEN PERSONS INVOLVED IN 1 5 THE SALE OF CERTAIN VEHICLES, INCLUDING SUPPLIERS AND DEALERS 1 6 OF ALL-TERRAIN VEHICLES. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. Section 322D.1, Code 2001, is amended by adding 1 11 the following new subsection: 1 12 NEW SUBSECTION. 01. "All-terrain vehicle" means the same 1 13 as defined in section 321G.1. 1 14 Sec. 2. Section 322D.1, subsection 1, Code 2001, is 1 15 amended to read as follows: 1 16 1. "Attachment" means a machine or part of a machine 1 17 designed to be used on and in conjunction with a farm 1 18 implement,or amotorcycle, or all-terrain vehicle. 1 19 Sec. 3. Section 322D.1, subsection 3, paragraphs b and e, 1 20 Code 2001, are amended to read as follows: 1 21 b. The franchisee is granted the right to offer and sell 1 22 farm implements,ormotorcycles, all-terrain vehicles, or 1 23 related parts or attachments manufactured or distributed by 1 24 the franchiser. 1 25 e. The operation of the franchisee's business is 1 26 substantially reliant on the franchiser for the continued 1 27 supply of farm implements, motorcycles, all-terrain vehicles, 1 28 or related parts,or attachments. 1 29 Sec. 4. Section 322D.1, subsections 4 through 6, Code 1 30 2001, are amended to read as follows: 1 31 4. "Franchisee" means a person who receives farm 1 32 implements,ormotorcycles, all-terrain vehicles, or related 1 33 partsfor farm implements or motorcyclesor attachments from 1 34 the franchiser under a franchise and who offers and sells the 1 35 farm implements,ormotorcycles, all-terrain vehicles, or 2 1theirrelated parts or attachments to the general public. 2 2 5. "Franchiser" means a person who manufactures, 2 3 wholesales, or distributes farm implements,ormotorcycles, 2 4 all-terrain vehicles, or related partsfor farm implements or2 5motorcyclesor attachments, and who enters into a franchise. 2 6 6. "Motorcycle"has the same meaningmeans a motor vehicle 2 7 as defined in section 321.1, subsection 40, paragraph "a"2 8 other than an all-terrain vehicle, which has a saddle or seat 2 9 for the use of a rider and that is designed to travel on not 2 10 more than two wheels in contact with the ground, but excluding 2 11 a motorized bicycle as defined in section 321.1. 2 12 Sec. 5. Section 322D.2, Code 2001, is amended to read as 2 13 follows: 2 14 322D.2 FRANCHISEE'S RIGHTS TO PAYMENT. 2 15 1. A franchisee who enters into a written franchise with a 2 16 franchiser to maintain a stock of farm implements, 2 17 motorcycles, all-terrain vehicles, or related parts,or 2 18 attachments, farm implements, or motorcycleshas the following 2 19 rights to payment, at the option of the franchisee, if the 2 20 franchise is terminated: 2 21 a. One hundred percent of the net cost of new unused 2 22 complete farm implements,ormotorcycles,includingall- 2 23 terrain vehicles, or related attachments, which were purchased 2 24 from the franchiser, and in. In addition, the franchisee 2 25 shall have a right of payment for transportation charges on 2 26 the farm implements,ormotorcycles, or all-terrain vehicles 2 27 which have been paid by the franchisee. 2 28 b. Eighty-five percent of the net prices of any repair 2 29 parts, including superseded parts, which were purchased from 2 30 the franchiser and held by the franchisee on the dateofthat 2 31 thetermination of thefranchise terminated. 2 32 c. Five percent of the net prices oftheparts resold 2 33 under paragraph "b" for handling, packing, and loading of the 2 34 partsexcept that. However, this payment shall not be due to 2 35 the franchisee if the franchiser elects to perform the 3 1 handling, packing, and loading. 3 2 2. Upon receipt of the payments due under subsection 1, 3 3 the franchiser is entitled to possession of and title to the 3 4 farm implements, motorcycles, all-terrain vehicles, or related 3 5 parts or attachments, or parts. 3 6 3. The cost of farm implements, motorcycles, all-terrain 3 7 vehicles, or related attachments and the price of repair parts 3 8 shall be determined by reference to the franchiser's price 3 9 list or catalog in effect at the time of the franchise 3 10 termination. 3 11 Sec. 6. Section 322D.3, subsections 7 and 9, Code 2001, 3 12 are amended to read as follows: 3 13 7. A farm implement,ormotorcycle, or all-terrain vehicle 3 14 which is not in new, unused, undamaged, or complete condition. 3 15 9. A farm implement,ormotorcycle, or all-terrain vehicle 3 16 which was purchased twenty-four months or more prior to the 3 17 termination of the franchise. 3 18 Sec. 7. NEW SECTION. 322D.9 APPLICATION – ALL-TERRAIN 3 19 VEHICLES. 3 20 1. This chapter applies to a franchise for all-terrain 3 21 vehicles only if chapter 322F does not apply to a dealership 3 22 engaged in the retail sale of equipment designed to be 3 23 principally used for agricultural operations under chapter 3 24 322F. 3 25 2. The rights under section 322D.2, subsection 1, shall 3 26 apply to a franchise for all-terrain vehicles as follows: 3 27 a. All franchises in effect on the effective date of this 3 28 Act that have no expiration date and are continuing 3 29 franchises. 3 30 b. Franchises that have been executed or renewed on or 3 31 after the effective date of this Act, but only for all-terrain 3 32 vehicles and related parts or attachments purchased on or 3 33 after the effective date of this Act. 3 34 Sec. 8. Section 322F.1, Code 2001, is amended by adding 3 35 the following new subsection: 4 1 NEW SUBSECTION. 01. "All-terrain vehicle" means the same 4 2 as defined in section 321G.1. 4 3 Sec. 9. Section 322F.1, subsections 1 and 3, Code 2001, 4 4 are amended to read as follows: 4 5 1. "Dealer" or "dealership" means a person engaged in the 4 6 retail sale of equipment, if the person sells equipment 4 7 designed to be principally used for agriculturalor4 8horticulturaloperations,or raising livestockincluding but 4 9 not limited to livestock or crop production or horticulture. 4 10 3. a. "Equipment" meansaany of the following: 4 11 (1) A device or part of a device designed to be used for 4 12 any purpose related to agriculture, including but not limited 4 13 to livestock or crop production or horticulture, or livestock4 14raising.Equipment"Equipment" includes but is not limited to 4 15 tractors, trailers, combines, tillage, planting, and 4 16 cultivating implements, balers, and irrigation implements. 4 17 (2) All-terrain vehicles, as defined in section 321G.1. 4 18 b.Equipment also includes attachments toFor purposes of 4 19 this chapter, attachments to equipment shall be deemed 4 20 equipment. 4 21 c. Equipment does not include self-propelled machines 4 22 designed primarily for the transportation of persons or 4 23 property on a street or highway. 4 24 Sec. 10. Section 322F.9, Code 2001, is amended to read as 4 25 follows: 4 26 322F.9 APPLICABILITY. 4 27 1. A term of a dealership agreementwhichthat is 4 28 inconsistent with the terms of this chapter is void and 4 29 unenforceable and does not waive any rightswhichthat are 4 30 provided to a personprovidedby this chapter. 4 31 2. a.ThisFor all dealership agreements other than those 4 32 for all-terrain vehicles, this chapter applies toallthose 4 33 dealership agreements in effectwhichthat have no expiration 4 34 date and all other agreements entered into or renewed on or 4 35 after July 1, 1990. Any such dealership agreement in effect 5 1 on June 30, 1990, which by its own terms will terminate on a 5 2 subsequent date, shall be governed by the law as it existed 5 3 prior to July 1, 1990. 5 4 b. For all dealership agreements for all-terrain vehicles, 5 5 this chapter applies to those dealership agreements in effect 5 6 that have no expiration date and all other such dealership 5 7 agreements entered into or renewed on or after the effective 5 8 date of this Act. Any such dealership agreement in effect on 5 9 the effective date of this Act, which by its own terms will 5 10 terminate on a subsequent date, shall be governed by the law 5 11 as it existed prior to the effective date of this Act. 5 12 5 13 5 14 5 15 MARY E. KRAMER 5 16 President of the Senate 5 17 5 18 5 19 5 20 BRENT SIEGRIST 5 21 Speaker of the House 5 22 5 23 I hereby certify that this bill originated in the Senate and 5 24 is known as Senate File 2084, Seventy-ninth General Assembly. 5 25 5 26 5 27 5 28 MICHAEL E. MARSHALL 5 29 Secretary of the Senate 5 30 Approved , 2002 5 31 5 32 5 33 5 34 THOMAS J. VILSACK 5 35 Governor
Text: SF02083 Text: SF02085 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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