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MI SB0094
Bill
Status
1/28/2009
Primary Sponsor
Randy Richardville
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AI Summary
SB 94 - Watercraft Manufacturer and Dealer Act
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Expands regulation to include wholesalers and importers of watercraft; renames act the "Watercraft Manufacturer and Dealer Act" and broadens scope beyond outboard motors to all new watercraft.
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Requires written dealer agreements for all watercraft sales between manufacturers/wholesalers and dealers; establishes mandatory provisions including territory, term, performance standards, termination notice, and dispute resolution procedures.
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Prohibits manufacturer termination of dealer agreements without good cause (material breach of agreement or failure to comply with performance standards), requires 30-180 days' notice depending on reason, and mandates manufacturer payment of fair compensation for inventory, parts, and equipment upon termination without good cause.
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Restricts manufacturer practices including: prohibition on forcing unwanted inventory purchases, mandatory participation in advertising, capital structure changes, and multi-line dealership restrictions when dealer maintains adequate credit lines and compliance with dealer agreement.
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Establishes dealer protections regarding successor rights for family members, dealer relocation restrictions, warranty compensation requirements (minimum 90% of retail service rates), and allows dealers to seek damages and injunctive relief for manufacturer violations; enforces compliance through civil actions with fines up to $5,000 per day.
Legislative Description
Trade; watercraft; regulation of new watercraft manufacturers, wholesalers, and dealers; revise. Amends title & secs. 1, 2, 3, 4, 5, 6 & 7 of 1989 PA 88 (MCL 445.541 et seq.) & adds secs. 4a, 4b, 4c, 4d, 4e, 4f, 4g, 7a, 7b, 7c, 7d, 7e, 7f & 8.
Occupations, business licensing and regulation
Last Action
Referred To Committee On Economic Development And Regulatory Reform
1/28/2009