HB 133 (BR 125) - J. Gooch Jr.
AN ACT relating to recreational vehicles.
Create KRS Chapter 190A, regarding recreational vehicle dealer relationships with manufacturers; define "area of sales responsibility," "dealer agreement," "established place of business," "family member," "new recreational vehicle dealer,"" factory campaign,"" line-make," "manufacturer," "proprietary part," "recreational vehicle," "recreational vehicle salesperson," "supplier," " transient customer" and "warrantor"; establish guidelines for new recreational vehicle dealers, manufacturers and distributors; set forth requirements for recreational vehicle dealer agreements; establish a warrantor's obligations to a recreational vehicle dealer; prescribe procedures for the termination or nonrenewal of an recreational vehicle dealer agreement; prohibits specified actions by a warrantor or dealer; establish procedures a dealer and manufacturer must follow if dealer receives a damaged recreational vehicle; prohibit coercive actions by a manufacturer; amend KRS 190.010 to define "recreational vehicle" and "new recreational vehicle dealer"; amend KRS 190.030 to establish fee schedule and establish a new recreational dealer license and recreational vehicle salesperson license; amend KRS 190.033 to require an applicant or holder of a new recreational vehicle dealer's license to have on file with the Motor Vehicle Commission an approved indemnifying bond or insurance policy; amend KRS 190.035 to require new recreational vehicle dealers to have an established place of business to obtain a license; amend KRS 190.040 to establish when a recreational vehicle license may be denied, suspended, or revoked; amend KRS 190.062 to require the parties to a dispute involving recreational vehicle franchise issues to attempt mediation before bringing a civil action; amend KRS 190.090 to include recreational vehicles in the installment sales contract provisions; amend KRS 190.260, 190.270 and 190.300 to include motor homes in the odometer provisions; provide that the Act may be cited as the "Recreational Vehicle Dealer Franchise Act of 2014."
HB 133 - AMENDMENTS
HCS - Retain original provisions except delete provision allowing a recreational vehicle manufacturer to revise the area of sales responsibility designated in the recreational vehicle dealer agreement if the dealer enters into an agreement to sell competing recreational vehicles; delete the requirement that a recreational vehicle dealer provide notice to the recreational vehicle manufacturer if it takes on an additional line-make of recreational vehicle; delete the provision allowing a recreational vehicle manufacturer to terminate a dealer agreement without good cause; set the maximum handling charge that a warrantor is obligated to reimburse to recreational vehicle dealers at $150.00; clarify language regarding a manufacturer's intent to cure alleged deficiencies; clarify language regarding a recreational vehicle dealer's failure to notify a warrantor of a second repair attempt on a defect; eliminate references to "new recreational trailer"; set forth differences between new motor vehicle dealers and recreational vehicle dealers when conducting temporary sales or displays; clarify language regarding notice provisions; delete the provision that a court can modify, extend, or revoke a suspension order issued by the commission; provide that the bill shall apply to agreements entered into on or after the effective date of this bill; provide that the bill takes effect January 1, 2015; make other technical corrections.
SFA (1, R. Jones II) - Retain original provisions, except amend KRS 132.200 to exempt new recreational vehicles held in a retailer's inventory for sale under a floor plan financing arrangement from local property taxation; EFFECTIVE January 1, 2015; make technical corrections.
Jan 7-introduced in House
Jan 8-to Transportation (H)
Jan 30-posted in committee
Feb 11-reported favorably, 1st reading, to Calendar with Committee Substitute
Feb 12-2nd reading, to Rules
Feb 13-posted for passage in the Regular Orders of the Day for Friday, February 14, 2014
Feb 19-3rd reading, passed 97-1 with Committee Substitute
Feb 20-received in Senate
Feb 26-to Transportation (S)
Mar 19-reported favorably, 1st reading, to Calendar
Mar 20-2nd reading, to Rules; floor amendment (1) filed
Mar 24-posted for passage in the Regular Orders of the Day for Tuesday, March 25, 2014
Mar 25-3rd reading; floor amendment (1) defeated ; passed 34-2
Mar 26-received in House; enrolled, signed by Speaker of the House; enrolled, signed by President of the Senate; delivered to Governor
Apr 7-signed by Governor (Acts, ch. 27)