Download Zipped Amended WP 6.1 HB0312S1.ZIP 24,887 Bytes
[Introduced][Status][Bill Documents][Fiscal Note][Bills Directory]

First Substitute H.B. 312





Sponsor: Christine R. Fox

11    This act affects sections of Utah Code Annotated 1953 as follows:
12    AMENDS:
13         13-14-102, as enacted by Chapter 277, Laws of Utah 1996
14         13-14-103, as enacted by Chapter 277, Laws of Utah 1996
15         13-14-104, as enacted by Chapter 277, Laws of Utah 1996
16         13-14-105, as enacted by Chapter 277, Laws of Utah 1996
17         13-14-106, as enacted by Chapter 277, Laws of Utah 1996
18         13-14-107, as enacted by Chapter 277, Laws of Utah 1996
19         13-14-201, as enacted by Chapter 277, Laws of Utah 1996
20         13-14-204, as enacted by Chapter 277, Laws of Utah 1996
21         13-14-205, as enacted by Chapter 277, Laws of Utah 1996
22         13-14-307, as enacted by Chapter 277, Laws of Utah 1996
23    Be it enacted by the Legislature of the state of Utah:
24        Section 1. Section 13-14-102 is amended to read:
25         13-14-102. Definitions.
26        As used in this chapter:
27        (1) "Board" means the Utah Motor Vehicle Franchise Advisory Board created in Section

1    13-14-103.
2        (2) "Dealership" means a site or location in this state:
3        (a) at which a franchisee conducts the business of a new motor vehicle dealer; and
4        (b) that is identified as a new motor vehicle dealer's principal place of business for
5    licensing purposes under Section 41-3-204.
6        (3) "Department" means the Department of Commerce.
7        (4) "Executive director" means the executive director of the Department of Commerce.
8        (5) "Franchise" or "franchise agreement" means a written agreement, for a definite or
9    indefinite period, in which:
10        (a) a person grants to another person a license to use a trade name, trademark, service
11    mark, or related characteristic; and
12        (b) [there is] a community of interest exists in the marketing of new motor vehicles, new
13    motor vehicle parts, and services related to the sale or lease of new motor vehicles at wholesale
14    or retail.
15        (6) "Franchisee" means a person to whom a new motor vehicle dealer franchise is issued.
16        (7) "Franchisor" means a person who grants a new motor vehicle franchise to another
17    person, and includes:
18        (a) the manufacturer or distributor that has issued the franchise;
19        (b) an intermediate distributor; and
20        (c) an agent, officer, or field or area representative of the franchisor.
21        (8) "Line-make" means the motor vehicles that are offered for sale, lease, or distribution
22    under a common name, trademark, service mark, or brand name of the franchisor, or manufacturer
23    of the motor vehicle.
24        (9) "Motor vehicle" means:
25        (a) a travel trailer as defined in Section 41-1a-102;
26        (b) a motor vehicle as defined in Section 41-3-102;
27        (c) a semitrailer as defined in Section 41-1a-102; and
28        (d) a trailer as defined in Section 41-1a-102.
29        (10) "New motor vehicle" has the same meaning as defined in Section 41-3-102.
30        (11) "New motor vehicle dealer" is a person who is licensed under Subsection
31    41-3-202(1)(a).

- 2 -

1        (12) "Recreational vehicle" has the same meaning as defined in Section 41-20-1 excluding
2    the term "truck camper."
3        (13) (a) "Relevant market area," except for recreational vehicles, means:
4        (i) the county in which a dealership is to be established or relocated; and
5        (ii) the area within a ten aeronautical miles radius from the site of the new or relocated
6    dealership.
7        (b) "Relevant market area," [as concerns] for the sale of recreational vehicles, means:
8        (i) the county in which the dealership is to be established or relocated; and
9        (ii) the area within a 35 aeronautical miles radius of the new or relocated dealership.
10        (14) "Sale, transfer, or assignment" means any disposition of a franchise or an interest in
11    a franchise, with or without consideration, including a bequest, inheritance, gift, exchange, lease,
12    or license.
13        Section 2. Section 13-14-103 is amended to read:
14         13-14-103. Utah Motor Vehicle Franchise Advisory Board -- Creation --
15     Appointment of members -- Chair -- Quorum -- Conflict of interest.
16        (1) There is created [with] within the department the Utah Motor Vehicle Franchise
17    Advisory Board that consists of:
18        (a) the executive director or the executive director's designee;
19        (b) six members appointed by the executive director, with the concurrence of the governor
20    as follows:
21        [(i) two members of the general public;]
22        [(ii)] (i) one motorcycle or recreational motor vehicle franchisee; [and]
23        [(iii)] (ii) [one] two new motor vehicle [franchisee] franchisees from [each of] among the
24    three congressional districts of the state as the districts were constituted on January 1, 1996, no
25    more than one of which shall be located in the same congressional district; and
26        [(c) one member designated by the American Automobile Manufacturer's Association.]
27        (iii) three members representing motor vehicle franchisors registered by the department
28    pursuant to Section 13-14-105, or three members of the general public, none of whom shall be
29    related to any franchisee, or any combination of these representatives under this subsection.

30        (2) (a) In accordance with Subsection (1), the executive director shall appoint three of the
31    initial members of the advisory board to one-year terms and three of the initial members of the

- 3 -

1    advisory board to two-year terms. No more than two of the members appointed to two-year terms
2    shall be franchisees.
3        (b) At the expiration of the initial terms under Subsection (2)(a), the executive director
4    shall appoint a member to a term of two years.
5        (c) In the event of a vacancy on the advisory board, the executive director with the
6    concurrence of the governor, shall appoint an individual to complete the unexpired term of the
7    member whose office is vacant.
8        (d) A member may not be appointed to more than two consecutive terms.
9        (3) (a) The executive director or the executive director's designee shall be the chair of the
10    advisory board.
11        (b) The department shall keep a record of all hearings, proceedings, transactions,
12    communications, and [official acts] recommendations of the advisory board.
13        (4) [Five] Four or more members of the advisory board constitute a quorum for the
14    transaction of business. The action of a majority of the members of the advisory board is
15    considered the action of the advisory board.
16        (5) (a) A member of the advisory board may not participate as a board member [of the
17    board] in a proceeding or hearing:
18        (i) involving the member's licensed business or employer; or
19        (ii) when a member, [the] a member's business or family, or employer has a pecuniary
20    interest in the outcome or other conflict of interest concerning an issue before the advisory board.
21        (b) If a member of the advisory board is disqualified under Subsection (5)(a), the [chair]
22    executive director shall select a replacement to act on the issue before the advisory board.
23        (6) Except for the executive director or the executive director's designee, an individual
24    may not be appointed or serve on the advisory board while holding any other elective or appointive
25    state or federal office.
26        (7) The members of the advisory board shall serve without compensation.
27        (8) The department shall provide necessary staff support to the advisory board.
28        Section 3. Section 13-14-104 is amended to read:
29         13-14-104. Powers and duties of the advisory board.
30        The advisory board has the [regulatory] jurisdiction to [administer and enforce] make
31    recommendations on the administration and enforcement of this chapter and shall:

- 4 -

1        (1) [make rules] conduct rulemaking proceedings in accordance with Title 63, Chapter
2    46a, Utah Administrative Rulemaking Act, concerning administrative proceedings before the
3    advisory board; and
4        (2) conduct adjudicative proceedings required by this chapter in accordance with Title 63,
5    Chapter 46b, Administrative Procedures Act, for the purpose of making recommendations to the
6    executive director.
7        Section 4. Section 13-14-105 is amended to read:
8         13-14-105. Registration -- Fees.
9        (1) A franchisee or franchisor doing business in this state shall:
10        (a) annually register or renew its registration with the department in a manner established
11    by the department in collaboration with the advisory board; and
12        (b) pay an annual registration fee in an amount determined by the department in
13    accordance with Sections 13-1-2 and 63-38-3.2.
14        (2) The department, in collaboration with the advisory board, shall register or renew the
15    registration of a franchisee or franchisor if the franchisee or franchisor complies with this chapter
16    and rules made by the department under this chapter.
17        (3) A franchisee or franchisor registered under this section shall comply with this chapter
18    and any rules made by the department under this chapter including any amendments to this chapter
19    or the rules made after a franchisee or franchisor enter into a franchise agreement.
20        (4) The fee imposed under Subsection (1)(b) shall be collected by the department and
21    deposited into the Commerce Service Fund.
22        (5) Notwithstanding Subsection (1), an agent, officer, or field or area representative of a
23    franchisor does not need to be registered under this section if the franchisor is registered under this
24    section.
25        Section 5. Section 13-14-106 is amended to read:
26         13-14-106. Administrative enforcement.
27        (1) [If after] After a hearing and after receipt of the advisory board's recommendation, if
28    the [board determines] executive director finds that a person has violated this chapter or any rule
29    made under this chapter, [it] the executive director may[, in accordance with Title 63, Chapter 46b,
30    Administrative Procedures Act]:
31        (a) issue a cease and desist order; and

- 5 -

1        (b) [recommend] assess an administrative fine.
2        (2) The executive director shall comply with Title 63, Chapter 46b, Administrative
3    Procedures Act, and shall consult with the advisory board prior to any order or assessment of fine.
4        [(2)] (3) (a) In determining the amount and appropriateness of an administrative fine, the
5    [board] executive director shall consider:
6        (i) the gravity of the violation;
7        (ii) any history of previous violations; and
8        (iii) any attempt made by the person to retaliate against another person for seeking relief
9    under this chapter or other federal or state law relating to the motor vehicle industry.
10        (b) In addition to any other action permitted under Subsection (1), the department may file
11    an action with a court seeking to enforce the executive director's order [of the board] and pursue
12    the [board's recommendation] executive director's assessment of a fine in an amount not to exceed
13    $5,000[: (i)] for each day a person violates an order of the [board; or] executive director.
14        [(ii) if a person repeats the same violation within 48 months of a previous violation.]
15        (4) Any person aggrieved by an adverse determination by the executive director may either
16    seek reconsideration of the order pursuant to Section 63-46b-13 of the Administrative Procedures
17    Act or seek judicial review of the order.
18        Section 6. Section 13-14-107 is amended to read:
19         13-14-107. Administrative hearings.
20        (1) (a) A person may [request action by] commence an adjudicative proceeding before the
21    [board] executive director and the advisory board, in accordance with this chapter and with Title
22    63, Chapter 46b, Administrative Procedures Act to:
23        (i) remedy a violation of this chapter; or
24        (ii) obtain approval of an act regulated by this chapter.
25        (b) A person shall [request action by] commence an adjudicative proceeding before the
26    executive director and the advisory board by filing [an application for hearing in a form approved
27    by the board] a request for agency action.
28        (2) (a) The advisory board shall conduct all adjudicative proceedings in accordance with
29    Title 63, Chapter 46b, Administrative Procedures Act, with a quorum of the advisory board
30    members in attendance.
31        (b) An order or decision issued by the [board] executive director shall comply with Section

- 6 -

1    63-46b-10.
2        (c) Any hearing under this chapter shall be conducted as an informal proceeding unless
3    otherwise designated as a formal proceeding pursuant to the provisions of Title 63, Chapter 46b,
4    Administrative Procedures Act.
5        (3) The advisory board shall apportion in a fair and equitable manner between the parties
6    any costs of the adjudicative proceeding, including reasonable attorney's fees subject to final
7    approval by a court.
8        Section 7. Section 13-14-201 is amended to read:
9         13-14-201. Prohibited Acts by Franchisors -- Disclosures.
10        (1) A franchisor may not in this state:
11        (a) require a franchisee to order or accept delivery of any new motor vehicle, part,
12    accessory, equipment, or other item not otherwise required by law that is not voluntarily ordered
13    by the franchisee;
14        (b) require a franchisee to participate monetarily in any advertising campaign or contest,
15    or purchase any promotional materials, display devises, or display decorations or materials;
16        (c) require a franchisee to change the capital structure of the franchisee's dealership or the
17    means by or through which the franchisee finances the operation of the franchisee's dealership,
18    if the dealership at all times meets reasonable capital standards determined by and applied in a
19    nondiscriminatory manner by the franchisor;
20        (d) require a franchisee to refrain from participating in the management of, investment in,
21    or acquisition of any other line of new motor vehicles or related products, if:
22        (i) the franchisee maintains a reasonable line of credit for each make or line of vehicles;
23    and
24        (ii) complies with reasonable capital and facilities requirements of the franchisor;
25        (e) require a franchisee to prospectively agree to a release, assignment, novation, waiver,
26    or estoppel that would:
27        (i) relieve a franchisor from any liability imposed by this chapter; or
28        (ii) require any controversy between the franchisee and a franchisor to be referred to a third
29    party if the decision by the third party would be binding;
30        (f) require a franchisee to change the location of the principal place of business of the
31    franchisee's dealership or make any substantial alterations to the dealership premises, if the change

- 7 -

1    or alterations would be unreasonable;
2        (g) coerce or attempt to coerce a franchisee to join, contribute to, or affiliate with an
3    advertising association;
4        (h) require, coerce, or attempt to coerce a franchisee to enter into an agreement with the
5    franchisor or do any other act that is unfair or prejudicial to the franchisee, by threatening to cancel
6    a franchise agreement or other contractual agreement or understanding existing between the
7    franchisor and franchisee;
8        (i) adopt, change, establish, modify, or implement a plan or system for the allocation,
9    scheduling, or delivery of new motor vehicles, parts, or accessories to its franchisees so that the
10    plan or system is not fair, reasonable, and equitable;
11        (j) increase the price of any new motor vehicle that the franchisee has ordered from the
12    franchisor and for which there exists at the time of the order a bona fide sale to a retail purchaser
13    if the order was made prior to the franchisee's receipt of an official written price increase
14    notification;
15        (k) fail to indemnify and hold harmless its franchisee against any judgment for damages
16    or settlement approved in writing by the franchisor:
17        (i) including court costs and attorneys' fees arising out of actions, claims, or proceedings
18    including those based on:
19        (A) strict liability;
20        (B) negligence;
21        (C) misrepresentation;
22        (D) express or implied warranty;
23        (E) revocation as described in Section 70A-2-608; or
24        (F) rejection as described in Section 70A-2-602; and
25        (ii) to the extent the judgment or settlement relates to alleged defective or negligent actions
26    by the franchisor;
27        (l) threaten or coerce a franchisee to waive or forbear its right to protest the establishment
28    or relocation of a same line-make franchisee in the relevant market area of the affected franchisee;
29        (m) fail to ship monthly to a franchisee, if ordered by the franchisee, the number of new
30    motor vehicles of each make, series, and model needed by the franchisee to achieve a percentage
31    of total new vehicle sales of each make, series, and model equitably related to the total new vehicle

- 8 -

1    production or importation being achieved nationally at the time of the order by each make, series,
2    and model covered under the franchise agreement;
3        (n) require or otherwise coerce a franchisee to under-utilize the franchisee's existing
4    facilities;
5        (o) fail to include in any franchise agreement the following language or language to the
6    effect that: "If any provision in this agreement contravenes the laws or regulations of any state or
7    other jurisdiction where this agreement is to be performed, or provided for by such laws or
8    regulations, the provision is considered to be modified to conform to such laws or regulations, and
9    all other terms and provisions shall remain in full force.";
10        (p) engage in the distribution, sale, offer for sale, or lease of a new motor vehicle to
11    purchasers who acquire the vehicle in this state except through a franchisee with whom the
12    franchisor has established a written franchise agreement, if the franchisor's trade name, trademark,
13    service mark, or related characteristic is an integral element in the distribution, sale, offer for sale,
14    or lease; [or]
15        (q) engage in the distribution or sale of a recreational vehicle which is manufactured,
16    rented, sold, or offered for sale in this state without being constructed in accordance with the
17    standards set by the American National Standards Institute for recreational vehicles and evidenced
18    by a seal or plate attached to the vehicle; or
19        [(q)] (r) authorize or permit a person to perform warranty service repairs on motor
20    vehicles, except warranty service repairs:
21        (i) by a franchisee with whom the franchisor has entered into a franchise agreement for
22    the sale and service of the franchisor's motor vehicles; or
23        (ii) on owned motor vehicles by a person or government entity who has purchased new
24    motor vehicles pursuant to a franchisor's or manufacturer's fleet discount program.
25        (2) Notwithstanding Subsection (1)[(q)] (r), a franchisor may authorize or permit a person
26    to perform warranty service repairs on motor vehicles if the warranty services is for a franchisor
27    of recreational vehicles.
28        (3) Subsection (1)(a) does not prevent the franchisor from requiring that a franchisee carry
29    a reasonable inventory of:
30        (a) new motor vehicle models offered for sale by the franchisor; and
31        (b) parts to service the repair of the new motor vehicles.

- 9 -

1        (4) Subsection (1)(d) does not prevent a franchisor from:
2        (a) requiring that a franchisee maintain separate sales personnel or display space; or
3        (b) refusing to permit a combination of new motor vehicle lines, if justified by reasonable
4    business considerations.
5        (5) Upon the written request of any franchisee, a franchisor shall disclose in writing to the
6    franchisee the basis on which new motor vehicles, parts, and accessories are allocated, scheduled,
7    and delivered among the franchisor's dealers of the same line-make.
8        Section 8. Section 13-14-204 is amended to read:
9         13-14-204. Franchisor's obligations related to service -- Franchisor audits -- Time
10     limits.
11        (1) Each franchisor shall specify in writing to each of its franchisees licensed as a new
12    motor vehicle dealer in this state:
13        (a) the franchisee's obligations for new motor vehicle preparation, delivery, and warranty
14    service on its products;
15        (b) the schedule of compensation to be paid to the franchisee for parts, work, and service;
16    and
17        (c) the time allowance for the performance of work and service.
18        (2) (a) The schedule of compensation described in Subsection (1) shall include reasonable
19    compensation for diagnostic work, as well as repair service, parts, and labor.
20        (b) Time allowances described in Subsection (1) for the diagnosis and performance of
21    warranty work and service shall be reasonable and adequate for the work to be performed.
22        (3) (a) In the determination of what constitutes reasonable compensation under this
23    section, the principal factor to be considered is the prevailing wage rates being paid by franchisees
24    in the relevant market area in which the franchisee is doing business.
25        (b) Compensation of the franchisee for warranty service work may not be less than the
26    amount charged by the franchisee for like parts and service to retail or fleet customers, if the
27    amounts are reasonable. In the case of a recreational vehicle franchisee, reimbursement for parts
28    used in the performance of warranty repairs, including those parts separately warranted directly
29    to the consumer by a recreational vehicle parts supplier, may not be less than the franchisee's cost
30    plus twenty percent h [ , of the part were purchased by the franchisee from the franchisor or supplier h
lilac-February 27, 1997

                                 - 10-

31     h for a non-warranty repair ] h . h FOR PURPOSES OF THIS SUBSECTION (3)(b), THE TERM "COST"

lilac-February 27, 1997

- 10a -

1        (4) A franchisor may not fail to:
2        (a) perform any warranty obligation;
3        (b) include in written notices of franchisor's recalls to new motor vehicle owners and
4    franchisees the expected date by which necessary parts and equipment will be available to
5    franchisees for the correction of the defects; or
6        (c) compensate any of the franchisees for repairs effected by the recall.
7        (5) If a franchisor disallows a franchisee's claim for a defective part, alleging that the part
8    is not defective, the franchisor at its option shall:
9        (a) return the part to the franchisee at the franchisor's expense; or
10        (b) pay the franchisee the cost of the part.
11        (6) (a) A claim made by a franchisee pursuant to this section for labor and parts shall be
12    paid within 30 days after its approval.
13        (b) A claim shall be either approved or disapproved by the franchisor within 30 days after
14    receipt of the claim on a form generally used by the franchisor and containing the generally
15    required information. Any claim not specifically disapproved of in writing within 30 days after
16    the receipt of the form is considered to be approved and payment shall be made within 30 days.
17        (7) Warranty service audits of franchisee records may be conducted by the franchisor on
18    a reasonable basis.
19        (8) A franchisee's claim for warranty compensation may not be denied except for good
20    cause such as performance of nonwarranty repairs, lack of material documentation, fraud, or
21    misrepresentation.
22        (9) (a) Any charge backs for warranty parts or service compensation and service incentives
23    shall only be enforceable for the 12-month period immediately following the date the payment for
24    warranty reimbursement was made by the franchisor.
25        (b) Except as provided in Subsection (9)(c), all charge backs levied by a franchisor for
26    sales compensation or sales incentives arising out of the sale or lease of a motor vehicle sold by
27    a franchisee shall be compensable only if written notice of the charge back is received by the
28    franchisee within 24 months immediately following the date when payment for the sales
29    compensation was made by the franchisor.
30        (c) The time limitations of this Subsection (9) do not preclude charge backs for any
31    fraudulent claim that was previously paid.

- 11 -

1        Section 9. Section 13-14-205 is amended to read:
2         13-14-205. Liability for damages to motor vehicles in transit -- Disclosure required.
3        (1) (a) A franchisee is solely liable for damage to a new motor vehicle after delivery by
4    and acceptance from the carrier.
5        (b) A delivery receipt or bill of lading, or similar document, signed by a franchisee is
6    evidence of a franchisee's acceptance of a new motor vehicle.
7        (2) A franchisor is liable for all damage to a motor vehicle before delivery to and
8    acceptance by the franchisee, including that time in which the vehicle is in the control of a carrier
9    or transporter.
10        (3) (a) A franchisor shall disclose to the franchisee any repairs made prior to delivery,
11    except a recreational vehicle franchisor h [ may be required to ] SHALL h disclose to a
11a     recreational vehicle
12    franchisee any repair made to the vehicle prior to delivery h ONLY h if:
13        (i) the cost of the repair exceeds 3% of the manufacturer's wholesale price, as measured
14    by retail repair costs; or
15        (ii) the repair is to the exterior sidewalls or roof of the vehicle, and repairs total over $500.
16        (b) Replacement of h [ components which does not adversely affect the recreational vehicle's
17    structural integrity, including
] h
a recreational vehicle's glass, tires, wheels, audio equipment, in-dash
18    components, instrument panels, h APPLIANCES, FURNITURE, h and components h OTHER THAN
18a     BUILT-IN CABINETRY h contained in the vehicle's living quarters, is not
19    considered a repair under this subsection if the component replaced has been replaced with original
20    manufacturers parts and materials.
21        (4) Notwithstanding Subsections (1), (2), and (3), the franchisee is liable for damage to
22    a new motor vehicle after delivery to the carrier or transporter if the franchisee selected:
23        (a) the method and mode of transportation; and
24        (b) the carrier or transporter.
25        Section 10. Section 13-14-307 is amended to read:
26         13-14-307. Franchisors' repurchase obligations upon termination or
27     noncontinuation of franchise.
28        (1) Upon the termination or noncontinuation of a franchise by the franchisor, the
29    franchisor shall pay the franchisee:
30        (a) the franchisee's cost of new, undamaged, and unsold motor vehicles in the franchisee's
31    inventory acquired from the franchisor or another franchisee of the same line-make representing
lilac-February 27, 1997

- 12 -

1    both the current model year at the time of termination or noncontinuation and the immediately
2    prior model year vehicles[:], except only those recreational vehicles purchased within the 12
3    months immediately preceding the date of termination or noncontinuation shall be h [ purchased ]
3a     REPURCHASED h .
4        (i) plus any charges made by the franchisor, for distribution, delivery, or taxes;
5        (ii) plus the franchisee's cost of any accessories added on the vehicle, except only those
6    recreational vehicle accessories that are listed in the franchisor's wholesale product literature as
7    options for that vehicle shall be repurchased; and
8        (iii) less all allowances paid or credited to the franchisee by the franchisor;
9        (b) the franchisee's cost of new and undamaged motor vehicles in the franchisee's
10    inventory of demonstrator vehicles, reduced by 1% for each 1000 miles registered on the
11    demonstrator vehicle's odometer[:], except recreational vehicles whose cost shall be reduced by
12    2% for each 1,000 miles registered on the odometer of demonstrator self-propelled recreational
13    vehicles, exclusive of miles incurred in delivery of the vehicle, and the cost of demonstrator
14    nonself-propelled recreational vehicles shall be reduced by 10% of the franchisee's vehicle cost.
15        (i) plus any charges made by the franchisor for distribution, delivery, or taxes;
16        (ii) plus the franchisee's cost of any accessories added on the vehicles, except only those
17    recreational vehicle accessories that are listed in the franchisor's wholesale product literature as
18    options for that vehicle shall be repurchased; and
19        (iii) less all allowances paid or credited to the franchisee by the franchisor;
20        (c) the cost of all new, undamaged, and unsold supplies, parts, and accessories as set forth
21    in the franchisor's catalog at the time of termination or noncontinuation for the supplies, parts, and
22    accessories, less all allowances paid or credited to the franchisee by the franchisor;
23        (d) the fair market value, but not less than the franchisee's depreciated acquisition cost of
24    each undamaged sign owned by the franchisee that bears a common name, trade name, or
25    trademark of the franchisor if acquisition of the sign was recommended or required by the
26    franchisor[;]. If a recreational vehicle franchisee has a sign with multiple manufacturers listed, the
27    franchisor is only responsible for its pro-rata portion of the sign;
28        (e) the fair market value, but not less than the franchisee's depreciated acquisition cost of
29    all special tools, equipment, and furnishings acquired from the franchisor or sources approved by
30    the franchisor that were recommended or required by the franchisor and are in good and usable
31    condition; and
lilac-February 27, 1997

- 13 -

1        (f) the cost of transporting, handling, packing, and loading motor vehicles, supplies, parts,
2    accessories, signs, special tools, equipment, and furnishings.
3        (2) The franchisor shall pay the franchisee the amounts specified in Subsection (1) within
4    90 days after the tender of the property to the franchisor if the franchisee:
5        (a) has clear title to the property; and
6        (b) is in a position to convey title to the franchisor.
7        (3) If repurchased inventory, equipment, or demonstrator vehicles are subject to a security
8    interest, the franchisor may make payment jointly to the franchisee and to the holder of the security
9    interest.
10        Section 11. Severability clause.
11        If any provision of this act, or the application of any provision to any person or
12    circumstance, is held invalid, the remainder of this act is given effect without the invalid provision
13    or application.

- 14 -

[Bill Documents][Bills Directory]