04RS HB305


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HB 305 (BR 1010) - R. Thomas, S. Brinkman, C. Hoffman, T. McKee

     AN ACT relating to retailers of farm equipment and declaring an emergency.
     Amend KRS 365.800 to define "Consumer products", "Superseded parts", and "Supplier"; amend KRS 365.810 to require the purchase or repurchase of repair tools, certain hardware, software, and telecommunications equipment, and inventory used for demonstration or lease purposes; amend KRS 365.815 to allow retailers to purchase equipment held under recourse contracts; amend 365.830 to establish the procedure for heirs of retailers and their suppliers to liquidate or renew contracts; amend KRS 365.835 to require a supplier to accept inventory from a retailer if the supplier does not inspect the inventory within 60 days of a notice of termination of a contract; amend KRS 365.840 to establish the effective date for the Act to affect retail contracts; create new sections of KRS 365.800 to 365.840 to describe what constitutes "good cause" to terminate a retail contract, to prohibit a supplier from coercing a retailer, to establish the procedure for suppliers to reimburse retailers for warranty work, and to specify that the provisions in the Act are not waivable in any retail agreement contract; amend KRS 365.805, 365.820, and 365.825 to conform; make technical corrections; EMERGENCY.


     HCS - Same as original, except include construction and excavating equipment in the definition of "Inventory"; require, upon termination of a retail agreement contract, a supplier to purchase signage from a retailer at its amortized value, to reimburse employee training costs incurred within one year of the termination of a contract, and to purchase, at its amortized value, trade fixtures and other improvements required by a supplier; remove language relating to majority stockholders and replace it with majority owner; and specify the conditions under which a notice of termination is required from a supplier to a retailer.

     HCA (1/Title, S. Brinkman) - Make title amendment.

     Jan 15-introduced in House
     Jan 16-to Agriculture and Small Business (H)
     Jan 20-posted in committee
     Jan 29-reported favorably, 1st reading, to Calendar with Committee Substitute, committee amendment (1-title)
     Jan 30-2nd reading, to Rules
     Feb 2-posted for passage in the Regular Orders of the Day for Tuesday, February 3, 2004
     Feb 5-3rd reading, passed 92-0 with Committee Substitute, committee amendment (1-title)
     Feb 6-received in Senate
     Feb 11-to Licensing, Occupations & Administrative Regulations (S)
     Mar 17-reported favorably, 1st reading, to Consent Calendar
     Mar 18-2nd reading, to Rules
     Mar 22-posted for passage in the Consent Orders of the Day for Thursday, March 25, 2004
     Mar 25-passed over and retained in the Consent Orders of the Day
     Mar 26-passed over and retained in the Consent Orders of the Day
     Mar 29-3rd reading, passed 38-0
     Apr 12-received in House; enrolled, signed by Speaker of the House
     Apr 13-enrolled, signed by President of the Senate; delivered to Governor
     Apr 22-signed by Governor (Acts ch. 144)

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