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MS HB1475

Bill

Status

Failed

4/3/2012

Primary Sponsor

Mark Baker

Click for details

Origin

House of Representatives

2012 Regular Session

AI Summary

  • Creates Section 63-17-118 requiring manufacturers or distributors to pay dealers reasonable compensation upon franchise termination, including net cost of unsold vehicles with less than 750 miles, parts inventory at net cost, plus 5% handling charge and shipping costs, with payment due within 90 days.

  • Requires additional compensation for franchise discontinuation including 12 months of facility rent or fair market value, computer/equipment leases, manufacturer-required sign and equipment fair market value, and fair market value of the franchise itself if the line-make is discontinued in the state.

  • Prohibits dealers from selling extended service contracts not endorsed by manufacturers without written disclosure, and prohibits manufacturers from conditioning franchise renewal on materially changing dealer business methods, imposing site control agreements, or arbitrarily changing market areas.

  • Prohibits manufacturers from requiring exclusive extended service contract sales through coercion, measuring dealer performance on contract sales, requiring customer lists without legitimate purpose, releasing customer information to competing dealers, or requiring specific financing institutions.

  • Allows dealers 60 days to submit amended or supplemental claims for sales incentives, service incentives, and rebates, and repeals prior provisions governing franchise renewal duties; takes effect July 1, 2012.

Legislative Description

MS Motor Vehicle Commission Law; provide compensation that mfgr./dist. must pay dealer upon termination of franchise.

Last Action

Died In Committee

4/3/2012

Full Bill Text

No bill text available