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ID H0526

Bill

Status

Passed

3/21/2018

Primary Sponsor

Business Committee

Click for details

Origin

House of Representatives

2018 Regular Session

AI Summary

  • Clarifies that a dealer agreement allowing an event, act or omission does not determine whether that event, act or omission resulted in a substantial change in the dealer's competitive circumstances.

  • Requires suppliers to provide written notice to equipment dealers of any substantial change in the dealer's competitive circumstances, with notice requirements varying based on the type of good cause alleged (90 days in most cases, shorter periods for certain violations).

  • Defines "change in competitive circumstances" as an event, act or omission that has a material detrimental effect on a retailer's ability to compete with another retailer selling the same brand of farm implements.

  • Requires suppliers claiming a dealer failed to achieve adequate market penetration to provide one (1) year advance written notice and make fair and reasonable efforts to assist the dealer, with burden of proof on the supplier to demonstrate insufficient sales potential.

  • Effective July 1, 2018, applying only to dealer agreements executed or renewed on or after that date.

Legislative Description

Amends existing law to revise certain supplier violation provisions.

FARM EQUIPMENT AGREEMENTS

Last Action

March 22, 2018 Session Law Chapter 224 Effective: 07/01/2018 and shall apply to dealer agreements that are executed or renewed on or after 07/01/2018

3/21/2018

Committee Referrals

Commerce and Human Resources2/22/2018
Business2/12/2018

Full Bill Text

No bill text available