| SP0483 LD 1337 |
First Regular Session - 124th Maine Legislature C "A", Filing Number S-262
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LR 1399 Item 2 |
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| Bill Tracking | Chamber Status | ||
Amend the bill in the emergency preamble by striking out all of the 5th paragraph (page 1, lines 11 and 12 in L.D.)
Amend the bill in the emergency preamble in the 6th paragraph in the 2nd line (page 1, line 14 in L.D.) by striking out the following: "both current economic conditions and the decision making of manufacturers" and inserting the following: 'current economic conditions'
Amend the bill in section 1 in subsection 9-B in the last 3 lines (page 1, lines 27 to 29 in L.D.) by striking out the following: " or that are substantially similar in their design and specifications or are manufactured in the same facility or facilities"
Amend the bill by inserting after section 1 the following:
‘Sec. 2. 10 MRSA §1174, sub-§3, ¶N, as enacted by PL 1981, c. 331, §6, is amended to read:
Amend the bill in section 2 in paragraph P in subparagraph (1) in division (a) in the last 2 lines (page 2, lines 16 and 17 in L.D.) by striking out the following: "6 months" and inserting the following: ' 6 months 180 days'
Amend the bill in section 2 in paragraph P in subparagraph (1) in division (b) in the 2nd line (page 2, line 19 in L.D.) by inserting after the following: "cancellation" the following: ' , noncontinuance'
Amend the bill in section 2 in paragraph P by striking out all of subparagraph (3) (page 2, lines 24 to 27 in L.D.) and inserting the following:
(3) The dealer and the manufacturer or distributor agree not to renew the franchise , although the dealer is entitled to the protections set forth in paragraph S in any termination, cancellation, nonrenewal or noncontinuance, whether by the manufacturer or the dealer; however, a termination, cancellation, nonrenewal or noncontinuance resulting from a sale of the assets or stock of the dealer or when a franchisee of motor homes, as defined in Title 29-A, section 101, subsection 40, voluntarily terminates a motor home franchise is exempt from the requirements of paragraph S; or
Amend the bill in section 3 by striking out all of paragraph S (page 2, lines 32 to 40 and page 3, lines 1 to 26 in L.D.) and inserting the following:
(1) All unsold new model motor vehicle inventory of the current and previous model year purchased from the manufacturer;
(2) Supplies and parts purchased from the manufacturer or its approved sources that are listed in the current parts catalog or identical to a part in the current parts catalog except for the number assigned to the part, and that can be used for repairs under the terms of a manufacturer’s new motor vehicle warranty;
(3) Equipment and furnishings purchased from the manufacturer or its approved sources less a reasonable allowance for normal wear and tear; and
(4) Special tools and automotive service equipment owned by the dealer that were designated as special tools or equipment and required by and purchased from the manufacturer or its approved sources , if the tools and equipment are in useable and good condition, normal wear and tear excepted.
If Except for a termination related to a conviction and imprisonment for a felony involving moral turpitude that is substantially related to the involuntary termination, cancellation or nonrenewal is due to a failure of performance of the new motor vehicle dealer in sales or service and qualifications, functions or duties of a franchisee, if the new motor vehicle dealer is leasing the dealership facilities from a lessor other than the manufacturer, the manufacturer shall pay the new motor vehicle dealer a sum equivalent to the rent for the unexpired term of the lease or one year's rent , whichever is less, or, if the new motor vehicle dealer owns the facilities, the manufacturer shall pay the new motor vehicle dealer a sum equivalent to the reasonable rental value of the facilities for one year, prorated for each line make at the facility based on total sales volume of each line make at the facility for the calendar year prior to the involuntary termination, cancellation , noncontinuance or nonrenewal. The manufacturer shall pay the new motor vehicle dealer the sum equivalent to the rent or the reasonable rental value of the facilities when possible within 90 days of the effective date of the termination, cancellation, noncontinuance or nonrenewal if the new motor vehicle dealer has notified the manufacturer of the amount of rent or reasonable rental value to which the dealer is entitled.
The fair and reasonable compensation for the items listed in subparagraphs (1) to (4) may in no instance be less than the acquisition price and must be paid by the manufacturer when possible within 90 days of the effective date of the termination, cancellation , noncontinuance or nonrenewal, provided that the new motor vehicle dealer has clear title to the inventory and other items and is in a position to convey that title to the manufacturer. These items must be paid for by the manufacturer when possible within 90 days of the effective date of the termination, cancellation, noncontinuance or nonrenewal.
In order to be entitled to rental assistance from the manufacturer, the dealer is obligated to mitigate rental assistance by listing the dealership facilities for lease or sublease with a licensed real estate agent within 30 days after the effective date of the termination of the franchise and thereafter by reasonably cooperating with the real estate agent in the performance of the agent’s duties and responsibilities. In the event that the dealer is able to lease or sublease the dealership facilities on terms that are consistent with local zoning requirements to preserve the right to sell motor vehicles from the dealership facilities and the terms of the dealer’s lease, the dealer is required to pay the manufacturer the net revenue received from such mitigation, but only following receipt of rental assistance payments pursuant to this paragraph and only up to the total amount of rental assistance payments that the dealer has received. If the facility is used for the operations of more than one franchise, the dealer does not have a duty to list the dealership facilities, and the reasonable rental assistance must be paid based upon the portion of the facility used by the franchise being terminated, cancelled, noncontinued or nonrenewed for one year unless the space is filled with another product line, in which case no rental payments are required.
In lieu of any injunctive relief or any other damages, if the manufacturer fails to prove there was good cause for the termination, cancellation , noncontinuance or nonrenewal, or if the manufacturer fails to prove that it acted in good faith, then the manufacturer may pay the new motor vehicle dealer fair and reasonable compensation for the value of the dealership as an ongoing business; or’
Amend the bill in section 5 by striking out all of paragraph U (page 3, lines 31 to 43 and page 4, lines 1 to 33 in L.D.) and inserting the following:
In addition to any other payments or requirements in this chapter, if a termination, cancellation, noncontinuance or nonrenewal was premised in whole or in part upon any of the occurrences set forth in this paragraph, the manufacturer is liable to the licensed new motor vehicle dealer in an amount at least equivalent to the fair market value of the franchise arising from the termination, cancellation, noncontinuance or nonrenewal of the franchise.
(1) If liability is based on the fair market value of the franchise, which must include diminution in value of the facilities leased or owned by the dealer as a result of the loss of the franchise to operate in the facilities, the fair market value must be computed on the date in divisions (a) to (c) that yields the highest fair market value:
(a) The date the manufacturer announces the action that results in termination, cancellation, noncontinuance or nonrenewal;
(b) The date the action that results in termination, cancellation, noncontinuance or nonrenewal first becomes general knowledge; or
(c) The date 12 months prior to the date on which the notice of termination, cancellation, noncontinuance or nonrenewal is issued.
If the termination, cancellation, noncontinuance or nonrenewal is due to the manufacturer's change in distributors, the manufacturer may avoid paying fair market value to the licensed new motor vehicle dealer if the new distributor or the manufacturer offers the dealer a franchise agreement with terms acceptable to the dealer.
If an entity other than the original manufacturer of a line make becomes the manufacturer for the line make and intends to distribute motor vehicles of that line make in this State, that entity shall honor the franchise agreements of the original manufacturer and its licensed new motor vehicle dealers or offer those dealers of that line make, or of motor vehicles historically of that line make that are substantially similar in their design and specifications and are manufactured in the same facility or facilities, a new franchise agreement with substantially similar terms and conditions; and’
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
summary
This amendment makes the following changes to the bill.
1. It removes provisions in the emergency preamble that reference manufacturers’ conduct.
2. It removes the reference to motor vehicles that are substantially similar in design and specifications and manufactured in the same facility from the definition of "line make" and instead amends the provision of law that prohibits interference in a dealer’s business to require that, if an entity other than the original manufacturer of a line make becomes the manufacturer for the line make and intends to distribute motor vehicles of that line make in this State, that entity must honor the franchise agreements of the original manufacturer and its licensed new motor vehicle dealers or offer those dealers of that same line make, or of motor vehicles historically of that line make that are substantially similar in their design and specifications and are manufactured in the same facility or facilities, a new franchise agreement with substantially similar terms and conditions.
3. It provides that modifications to dealership facilities as a condition of renewal are precluded when unreasonable.
4. It provides that termination benefits are precluded if the new motor vehicle dealership stock or assets are otherwise sold.
5. It provides that supplies and parts payments in the event of a termination, cancellation, noncontinuance or nonrenewal are limited to parts in the current parts catalog or parts used in relation to new motor vehicle warranty repairs; equipment and furnishings and special tools payments, which are subject to a reasonable allowance for wear and tear; and special tools and automotive service equipment owned by the dealer that were designated as special tools or equipment and required by and purchased from the manufacturer or its approved sources, if the tools and equipment are in useable and good condition, normal wear and tear excepted.
6. It provides for rental assistance for a term of one year for dealership facilities in all termination, cancellation, noncontinuance and nonrenewal cases, except for those cases when the dealer is convicted and imprisoned for a felony involving moral turpitude that is substantially related to the qualifications, functions or duties of the franchisee.
7. It makes technical changes to include the term "noncontinuance."
8. It provides that rental assistance is subject to a requirement by the dealer to list the dealership facilities with a real estate agent except in those instances when the facilities are used for more than one franchise.
9. It removes all provisions proposing to allow pecuniary loss as a measure of the value of a franchise and provisions relating to factory finance terms.