Text: HF00338 Text: HF00340 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 339 1 2 1 3 AN ACT 1 4 RELATING TO SNOWMOBILE FRANCHISES BY REQUIRING THE REPURCHASE 1 5 OF CERTAIN INVENTORY UPON TERMINATION OF A FRANCHISE AND 1 6 PROVIDING EFFECTIVE AND RETROACTIVE APPLICABILITY DATES. 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, subsection 2, Code 2003, is 1 11 amended to read as follows: 1 12 2. "Attachment" means a machine or part of a machine 1 13 designed to be used on and in conjunction with a farm 1 14 implement, motorcycle,orall-terrain vehicle, or snowmobile. 1 15 Sec. 2. Section 322D.1, subsection 4, paragraphs b and e, 1 16 Code 2003, are amended to read as follows: 1 17 b. The franchisee is granted the right to offer and sell 1 18 farm implements, motorcycles, all-terrain vehicles, 1 19 snowmobiles, or related parts or attachments manufactured or 1 20 distributed by the franchiser. 1 21 e. The operation of the franchisee's business is 1 22 substantially reliant on the franchiser for the continued 1 23 supply of farm implements, motorcycles, all-terrain vehicles, 1 24 snowmobiles, or related parts or attachments. 1 25 Sec. 3. Section 322D.1, subsections 5 and 6, Code 2003, 1 26 are amended to read as follows: 1 27 5. "Franchisee" means a person who receives farm 1 28 implements, motorcycles, all-terrain vehicles, snowmobiles, or 1 29 related parts or attachments from the franchiser under a 1 30 franchise and who offers and sells the farm implements, 1 31 motorcycles, all-terrain vehicles, snowmobiles, or related 1 32 parts or attachments to the general public. 1 33 6. "Franchiser" means a person who manufactures, 1 34 wholesales, or distributes farm implements, motorcycles, all- 1 35 terrain vehicles, snowmobiles, or related parts or 2 1 attachments, and who enters into a franchise. 2 2 Sec. 4. Section 322D.1, Code 2003, is amended by adding 2 3 the following new subsection: 2 4 NEW SUBSECTION. 11. "Snowmobile" means the same as 2 5 defined in section 321G.1. 2 6 Sec. 5. Section 322D.2, Code 2003, is amended to read as 2 7 follows: 2 8 322D.2 FRANCHISEE'S RIGHTS TO PAYMENT. 2 9 1. A franchisee who enters into a written franchise with a 2 10 franchiser to maintain a stock of farm implements, 2 11 motorcycles, all-terrain vehicles, snowmobiles, or related 2 12 parts or attachments has the following rights to payment, at 2 13 the option of the franchisee, if the franchise is terminated: 2 14 a. One hundred percent of the net cost of new, unused, 2 15 complete farm implements, motorcycles, all-terrain vehicles, 2 16 snowmobiles, or related attachments, which were purchased from 2 17 the franchiser. In addition, the franchisee shall have a 2 18 right of payment for transportation charges on the farm 2 19 implements, motorcycles,orall-terrain vehicles, or 2 20 snowmobiles, which have been paid by the franchisee. 2 21 b. Eighty-five percent of the net prices of any repair 2 22 parts, including superseded parts, which were purchased from 2 23 the franchiser and held by the franchisee on the date that the 2 24 franchise terminated. 2 25 c. Five percent of the net prices of parts resold under 2 26 paragraph "b" for handling, packing, and loading of the parts. 2 27 However, this payment shall not be due to the franchisee if 2 28 the franchiser elects to perform the handling, packing, and 2 29 loading. 2 30 2. Upon receipt of the payments due under subsection 1, 2 31 the franchiser is entitled to possession of and title to the 2 32 farm implements, motorcycles, all-terrain vehicles, 2 33 snowmobiles, or related parts or attachments. 2 34 3. The cost of farm implements, motorcycles, all-terrain 2 35 vehicles, snowmobiles, or related attachments and the price of 3 1 repair parts shall be determined by reference to the 3 2 franchiser's price list or catalog in effect at the time of 3 3 the franchise termination. 3 4 Sec. 6. Section 322D.3, subsections 7 and 9, Code 2003, 3 5 are amended to read as follows: 3 6 7. A farm implement, motorcycle,orall-terrain vehicle, 3 7 or snowmobile which is not in new, unused, undamaged, or 3 8 complete condition. 3 9 9. A farm implement, motorcycle,orall-terrain vehicle, 3 10 or snowmobile which was purchased twenty-four months or more 3 11 prior to the termination of the franchise. 3 12 Sec. 7. NEW SECTION. 322D.10 APPLICATION – SNOWMOBILE 3 13 FRANCHISE AGREEMENTS. 3 14 The rights under section 322D.2, subsection 1, apply to 3 15 snowmobile franchises in effect on January 1, 2003, which have 3 16 no expiration date and are continuing franchises, and to 3 17 franchises executed or renewed on or after January 1, 2003, 3 18 but only to snowmobiles and related parts or attachments 3 19 purchased on or after January 1, 2003. 3 20 Sec. 8. EFFECTIVE AND RETROACTIVE DATES. This Act, being 3 21 deemed of immediate importance, takes effect upon enactment 3 22 and is retroactive to January 1, 2003. 3 23 3 24 3 25 3 26 CHRISTOPHER C. RANTS 3 27 Speaker of the House 3 28 3 29 3 30 3 31 MARY E. KRAMER 3 32 President of the Senate 3 33 3 34 I hereby certify that this bill originated in the House and 3 35 is known as House File 339, Eightieth General Assembly. 4 1 4 2 4 3 4 4 MARGARET THOMSON 4 5 Chief Clerk of the House 4 6 Approved , 2003 4 7 4 8 4 9 4 10 THOMAS J. VILSACK 4 11 Governor
Text: HF00338 Text: HF00340 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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