00RS HB250


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HB 250 (BR 1105) - J. Lee, J. Adams, J. Arnold Jr., L. Belcher, J. Bowling, I. Branham, J. Bruce, De. Butler, J. Callahan, M. Cherry, H. Collins, B. Colter, T. Feeley, C. Geveden, J. Haydon, J. Hoover, S. Johns, T. Kerr, C. Miller, H. Moberly, F. Nesler, S. Nunn, R. Palumbo, M. Rader, J. Reinhardt, W. Scott, J. Stewart, G. Stumbo, G. Tapp, J. Turner, M. Weaver

     AN ACT relating to motor vehicle dealers and declaring an emergency.
     Amend KRS 190.010, relating to definitions governing motor vehicle sales, to include the term "lease" in the definition of the word "sale"; amend KRS 190.040, relating to grounds for denial, suspension, or revocation of a license, to broaden the entities subject to license suspension or revocation to include manufacturers, factory branch, field representative, officer, agent, or any representative of a motor vehicle manufacturer or factory branch if any of these persons attempt to sell a motor vehicle to anyone other than a licensed motor vehicle dealer; amend KRS 190.045, relating to the cancellation or termination of a franchise, to provide that if a manufacturer notifies a dealer that the dealer's franchise is being terminated, the dealer may continue to attempt to sell the franchise until all of the dealer's appeal rights have been exhausted; amend KRS 190.046, relating to dealer compensation for warranty work, to require a manufacturer or distributor to assume all financial responsibility or warranty work associated with recall repairs or modifications, or factory authorized or directed repairs; limit audits conducted by a manufacturer to a period of one year prior to the date of the audit; amend KRS 190.0491, relating to a dealer's duties concerning vehicles damaged in transit from a manufacturer, to require the dealer to disclose any damages that occurred during transit if the repair or repair estimates exceed $1,000 rather than the current level of $300; amend KRS 190.070, relating to prohibited practices by a manufacturer, distributor, factory branch, or factory representative, to prohibit these groups from requiring a dealer to establish or maintain exclusive facilities, personnel, display space, or signage; prohibit requiring a dealer to expand facilities without making available a sufficient supply of new cars to support the expansion; prohibit a manufacturer, distributor, factory branch, or factory representative from establishing or maintaining a relationship where their voting rights exceed a simple majority; prohibit them from owning, operating, or controlling a motor vehicle dealership with limited exceptions; prohibit a manufacturer, distributor, factory branch, or factory representative from engaging in specific practices deemed to be discrimination that favor one dealer over another dealer; provide that a dealer who has been the victim of such discrimination to recover three times the amount equal to the value of what the dealer would have received if the manufacturer had not discriminated against the dealer; amend KRS 186A.540, relating to written disclosure of damages to a motor vehicle, to conform.


     HFA (1, G. Stumbo) - Add a new section 8 to the bill to declare an emergency and make it effective upon its passage and approval by the Governor or upon its otherwise becoming a law.
     HFA (2/Title, G. Stumbo) - Make title amendment to declare an emergency.

     Jan 4-introduced in House
     Jan 5-to Transportation (H)
     Jan 6-posted in committee
     Jan 12-reported favorably, 1st reading, to Calendar
     Jan 13-2nd reading, to Rules; floor amendments (1) and (2-title) filed
     Jan 18-posted for passage in the Regular Orders of the Day for Wednesday, January 19, 2000
     Jan 19-3rd reading, passed 99-0 with floor amendments (1) and (2-title)
     Jan 20-received in Senate
     Jan 24-to Transportation (S)
     Feb 3-reported favorably, 1st reading, to Calendar
     Feb 4-2nd reading, to Rules
     Feb 8-posted for passage in the Regular Orders of the Day for Wednesday, February 9, 2000
     Feb 9-3rd reading, passed 37-0-1
     Feb 10-received in House; enrolled, signed by Speaker of the House
     Feb 14-enrolled, signed by President of the Senate; delivered to Governor
     Feb 22-signed by Governor (Acts ch. 23)

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