Text: HF00445                           Text: HF00447
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House File 446

Partial Bill History

Bill Text

PAG LIN
  1  1                                            HOUSE FILE 446
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO DEALERSHIP AGREEMENTS, AND PROVIDING FOR THE 
  1  5    ACT'S APPLICABILITY.  
  1  6 
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8 
  1  9    Section 1.  Section 322F.1, Code 2003, is amended by adding
  1 10 the following new subsections:
  1 11    NEW SUBSECTION.  0A.  "Agricultural equipment" means a
  1 12 device, part of a device, or an attachment of a device
  1 13 designed to be principally used for an agricultural purpose.
  1 14 "Agricultural equipment" includes but is not limited to
  1 15 equipment associated with livestock or crop production,
  1 16 horticulture, or floriculture.  "Agricultural equipment"
  1 17 includes but is not limited to tractors; trailers; combines;
  1 18 tillage, planting, and cultivating implements; bailers,
  1 19 irrigation implements; and all-terrain vehicles.
  1 20    NEW SUBSECTION.  1A.  "Construction equipment", "industrial
  1 21 equipment", or "utility equipment" means a device, part of a
  1 22 device, or an attachment to a device designed to be
  1 23 principally used for a construction or industrial purpose.
  1 24 "Construction equipment", "industrial equipment", or "utility
  1 25 equipment" includes equipment associated with earthmoving,
  1 26 industrial material handling, mining, forestry, highway
  1 27 construction or maintenance, and landscaping.  "Construction
  1 28 equipment", "industrial equipment", or "utility equipment"
  1 29 includes but is not limited to tractors, graders, excavators,
  1 30 loaders, and backhoes.
  1 31    NEW SUBSECTION.  7A.  "Outdoor power equipment" means
  1 32 equipment using small motors or engines, if the equipment is
  1 33 used principally for outside service, including but not
  1 34 limited to aerators, augers, blowers, brush clearers, brush
  1 35 cutters, chain saws, dethatchers, edgers, hedge trimmers, lawn
  2  1 mowers, pole saws, power rakes, snowblowers, and tillers.
  2  2    Sec. 2.  Section 322F.1, subsection 2, Code 2003, is
  2  3 amended to read as follows:
  2  4    2.  "Dealer" or "dealership" means a person engaged in the
  2  5 retail sale of equipment, if the person sells equipment
  2  6 designed to be principally used for agricultural operations,
  2  7 including but not limited to livestock or crop production or
  2  8 horticulture.
  2  9    Sec. 3.  Section 322F.1, subsection 4, Code 2003, is
  2 10 amended by striking the subsection, and inserting in lieu
  2 11 thereof following:
  2 12    4.  "Equipment" means agricultural equipment, construction
  2 13 equipment, industrial equipment, utility equipment, or outdoor
  2 14 power equipment.  However, "equipment" does not include self-
  2 15 propelled machines designed primarily for the transportation
  2 16 of persons or property on a street or highway.
  2 17    Sec. 4.  Section 322F.2, subsection 1, Code 2003, is
  2 18 amended to read as follows:
  2 19    1.  a.  A supplier shall terminate a dealership agreement
  2 20 for equipment other than outdoor power equipment by
  2 21 cancellation, nonrenewal, or a substantial change in
  2 22 competitive circumstances only upon good cause and upon at
  2 23 least ninety days' prior written notice delivered to the
  2 24 dealer by certified or registered mail or restricted certified
  2 25 mail.  A supplier shall terminate a dealership agreement for
  2 26 outdoor power equipment by cancellation or nonrenewal only
  2 27 upon good cause and upon at least ninety days' prior written
  2 28 notice delivered to the dealer by restricted certified mail or
  2 29 hand delivered by a representative of the supplier to the
  2 30 dealer or a designated representative of the dealer.
  2 31    b.  The A written termination notice must specify each
  2 32 deficiency constituting good cause for the action.  The notice
  2 33 must also state that the dealer has sixty days to cure a
  2 34 specified deficiency.  If the deficiency is cured within sixty
  2 35 days from the date that the notice is delivered, the notice is
  3  1 void.  However, if the deficiency is based on a dealer's
  3  2 inadequate representation of a manufacturer's product relating
  3  3 to sales, as provided in section 322F.1, the notice must state
  3  4 that the dealer has eighteen months to cure the deficiency.
  3  5 If the deficiency based on inadequate representation of a
  3  6 manufacturer's product relating to sales is cured within
  3  7 eighteen months from the date that notice is delivered, the
  3  8 notice is void.
  3  9    Sec. 5.  Section 322F.3, subsection 1, Code 2003, is
  3 10 amended by adding the following new paragraph:
  3 11    NEW PARAGRAPH.  f.  The supplier must pay to the dealer or
  3 12 credit the dealer's account with one hundred percent of the
  3 13 net cost of all equipment used in demonstrations, including
  3 14 equipment leased primarily for demonstration or lease, at the
  3 15 equipment's agreed-upon depreciated value, provided that such
  3 16 equipment is in new condition and has not been abused.
  3 17    Sec. 6.  Section 322F.5, Code 2003, is amended to read as
  3 18 follows:
  3 19    322F.5  DEATH OR INCAPACITY OF DEALER.
  3 20    If a dealer or a person holding a majority shareholder of a
  3 21 corporation interest in a business entity operating a
  3 22 dealership dies or is incapacitated, the rights under this
  3 23 chapter may be exercised as an option by the heirs at law if
  3 24 the dealer or shareholder majority interest holder died
  3 25 intestate, or by the executor under the terms of the dealer's
  3 26 or shareholder's majority interest holder's will.  If the
  3 27 heirs or the executor do not exercise this option within
  3 28 twelve months from the date of death of the dealer or
  3 29 shareholder majority interest holder, the supplier must
  3 30 repurchase the equipment as if the supplier had terminated the
  3 31 dealership agreement pursuant to section 322F.3.  However,
  3 32 this section does not entitle an heir, executor,
  3 33 administrator, legatee, or devisee of a deceased dealer or
  3 34 majority shareholder interest holder to continue to operate
  3 35 the dealership without the consent of the supplier.
  4  1    Sec. 7.  Section 322F.7, subsection 7, Code 2003, is
  4  2 amended to read as follows:
  4  3    7.  a.  Takes For a dealership agreement governing
  4  4 equipment other than outdoor power equipment, takes action
  4  5 terminating, canceling, failing to renew the dealership
  4  6 agreement, or substantially changing changes the competitive
  4  7 circumstances intended by the dealership agreement, due to the
  4  8 results of conditions beyond the dealer's control, including
  4  9 drought, flood, labor disputes, or economic recession.
  4 10    b.  For a dealership agreement governing outdoor power
  4 11 equipment, takes action terminating, canceling, or failing to
  4 12 renew the dealership agreement due to the results of
  4 13 conditions beyond the dealer's control, including drought,
  4 14 flood, labor disputes, or economic recession.
  4 15    This subsection shall not apply if the dealer is in default
  4 16 of a security agreement in effect with the supplier.
  4 17    Sec. 8.  Section 322F.8, subsection 1, Code 2003, is
  4 18 amended to read as follows:
  4 19    1.  A dealer may bring a legal action against a supplier
  4 20 for damages sustained by the dealer as a consequence of the
  4 21 supplier's violation of this chapter.  A supplier violating
  4 22 this chapter shall compensate the dealer for damages sustained
  4 23 by the dealer as a consequence of the supplier's violation,
  4 24 together with the actual costs of the action, including
  4 25 reasonable attorneys' attorney fees.
  4 26    a.  The For a dealership agreement governing equipment
  4 27 other than outdoor power equipment, a dealer may be granted
  4 28 injunctive relief against unlawful termination, cancellation,
  4 29 or the nonrenewal of the dealership agreement, or a
  4 30 substantial change of competitive circumstances as provided in
  4 31 section 322F.2.
  4 32    b.  For a dealership agreement governing outdoor power
  4 33 equipment, a dealer may be granted injunctive relief against
  4 34 unlawful termination, cancellation, or the nonrenewal of the
  4 35 dealership agreement as provided in section 322F.2.
  5  1    PARAGRAPH DIVIDED.  The remedies in this section are in
  5  2 addition to any other remedies permitted by law.
  5  3    Sec. 9.  Section 322F.8, subsection 2, paragraph b, Code
  5  4 2003, is amended to read as follows:
  5  5    b.  If upon termination of a dealership agreement by
  5  6 nonrenewal or cancellation, by a dealer or supplier, the
  5  7 supplier fails to make payment or credit the account of the
  5  8 dealer as provided in this chapter, the supplier is liable in
  5  9 a civil action brought by the dealer for one hundred percent
  5 10 of the net costs of the equipment the repurchase amount set
  5 11 forth in section 322F.3, plus interest as calculated pursuant
  5 12 to paragraph "a", and ninety percent of the net price of
  5 13 repair parts, plus interest as calculated pursuant to
  5 14 paragraph "a".
  5 15    Sec. 10.  Section 322F.9, subsection 2, Code 2003, is
  5 16 amended to read as follows:
  5 17    2.  a.  For all dealership agreements other than those
  5 18 provided for all-terrain vehicles, in this section, this
  5 19 chapter applies to those dealership agreements in effect that
  5 20 have no expiration date and all other dealership agreements
  5 21 entered into or renewed on or after July 1, 1990.  Any such
  5 22 dealership agreement in effect on June 30, 1990, which by its
  5 23 own terms will terminate on a subsequent date, shall be
  5 24 governed by the law as it existed prior to July 1, 1990.
  5 25    b.  For all dealership agreements for governing all-terrain
  5 26 vehicles, this chapter applies to those dealership agreements
  5 27 in effect that have no expiration date and all other such
  5 28 dealership agreements entered into or renewed on or after July
  5 29 1, 2002.  Any such dealership agreement in effect on July 1,
  5 30 2002, which by its own terms will terminate on a subsequent
  5 31 date, shall be governed by the law as it existed prior to July
  5 32 1, 2002.
  5 33    c.  For all dealership agreements governing agricultural
  5 34 equipment used principally for floriculture and for all
  5 35 dealership agreements governing construction equipment,
  6  1 industrial equipment, utility equipment, and outdoor power
  6  2 equipment, this chapter applies to those dealership agreements
  6  3 in effect that have no expiration date and all other such
  6  4 dealership agreements entered into or renewed on or after the
  6  5 effective date of this Act.  Any dealership agreement in
  6  6 effect on the effective date of this Act, which by its own
  6  7 terms will terminate on a subsequent date, shall be governed
  6  8 by the law as it existed prior to the effective date of this
  6  9 Act.  
  6 10 
  6 11 
  6 12                                                             
  6 13                               CHRISTOPHER C. RANTS
  6 14                               Speaker of the House
  6 15 
  6 16 
  6 17                                                             
  6 18                               MARY E. KRAMER
  6 19                               President of the Senate
  6 20 
  6 21    I hereby certify that this bill originated in the House and
  6 22 is known as House File 446, Eightieth General Assembly.
  6 23 
  6 24 
  6 25                                                             
  6 26                               MARGARET THOMSON
  6 27                               Chief Clerk of the House
  6 28 Approved                , 2003
  6 29 
  6 30 
  6 31                            
  6 32 THOMAS J. VILSACK
  6 33 Governor
     

Text: HF00445                           Text: HF00447
Text: HF00400 - HF00499                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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