Full Text of SB1687 100th General Assembly
SB1687sam002 100TH GENERAL ASSEMBLY | Sen. Martin A. Sandoval Filed: 4/20/2017
| | 10000SB1687sam002 | | LRB100 07840 AXK 25140 a |
|
| 1 | | AMENDMENT TO SENATE BILL 1687
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1687 on page 1, | 3 | | line 5, by deleting "and by adding Section 1.5"; and
| 4 | | on page 2, by deleting lines 16 through 22; and
| 5 | | on page 17, line 20, by deleting " or threaten to take "; and
| 6 | | on page 18, by replacing line 1 with the following: | 7 | | " either electronically or on paper, prior to the sale or | 8 | | lease, and the dealer knew or reasonably should have known | 9 | | of the "; and
| 10 | | on page 18, line 4, by changing " in " to " and titled in "; and
| 11 | | on page 18, by replacing lines 10 through 26 with the | 12 | | following: | 13 | | " (11) to coerce or require any dealer to construct |
| | | 10000SB1687sam002 | - 2 - | LRB100 07840 AXK 25140 a |
|
| 1 | | improvements to his or her facilities or to install new | 2 | | signs or other franchiser image elements that replace or | 3 | | substantially alter those improvements, signs, or | 4 | | franchiser image elements completed within the past 10 | 5 | | years that were required and approved by the manufacturer | 6 | | or one of its affiliates. The 10-year period under this | 7 | | paragraph (11) begins to run for a dealer, including that | 8 | | dealer's successors and assigns, on the date that the | 9 | | manufacturer gives final written approval of the facility | 10 | | improvements or installation of signs or other franchiser | 11 | | image elements or the date that the dealer receives a | 12 | | certificate of occupancy, whichever is later. For the | 13 | | purpose of this paragraph (11), the term "substantially | 14 | | alter" does not include routine maintenance, including, | 15 | | but not limited to, interior painting, that is reasonably | 16 | | necessary to keep a dealer facility in attractive | 17 | | condition; or "; and | 18 | | on page 19, by deleting lines 1 through 10; and
| 19 | | on page 19, line 12, by changing " improvement " to | 20 | | " improvements "; and
| 21 | | on page 19, by replacing lines 24 through 26 with the | 22 | | following:
| 23 | | " means an amount equal to or greater than the cost savings |
| | | 10000SB1687sam002 | - 3 - | LRB100 07840 AXK 25140 a |
|
| 1 | | that would result if the dealer were to utilize a vendor of | 2 | | the dealer's own selection instead of using the vendor | 3 | | identified by the manufacturer. For the purpose of this | 4 | | paragraph (12), the term "goods" does not include movable | 5 | | displays, brochures, and promotional materials containing | 6 | | material subject to the intellectual property rights of a | 7 | | manufacturer. If signs, other than signs containing the | 8 | | manufacturer's brand or logo or free-standing signs that | 9 | | are not directly attached to a building, or other | 10 | | franchiser image or design elements or trade dress are to | 11 | | be leased to the dealer by a vendor selected, identified, | 12 | | or designated by the manufacturer, the dealer has the right | 13 | | to purchase the signs or other franchiser image or design | 14 | | elements or trade dress of substantially similar quality | 15 | | and design from a vendor selected by the dealer if the | 16 | | signs, franchiser image or design elements, or trade dress | 17 | | are approved by the manufacturer. Approval by the | 18 | | manufacturer shall not be unreasonably withheld. This | 19 | | paragraph (12) shall not be construed to allow a dealer or | 20 | | vendor to impair, infringe upon, or eliminate, directly or | 21 | | indirectly, the intellectual property rights of the | 22 | | manufacturer including, but not limited to, the | 23 | | manufacturer's intellectual property rights in any | 24 | | trademarks or trade dress, or other intellectual property | 25 | | interests owned or controlled by the manufacturer. This | 26 | | paragraph (12) shall not be construed to permit a dealer to |
| | | 10000SB1687sam002 | - 4 - | LRB100 07840 AXK 25140 a |
|
| 1 | | erect or maintain signs that do not conform to the | 2 | | manufacturer's intellectual property rights or trademark | 3 | | or trade dress usage guidelines. "; and | 4 | | on page 20, by deleting lines 1 through 14; and
| 5 | | on page 35, by replacing lines 3 through 16 with the following: | 6 | | " (A) notifies the dealer in writing that it intends | 7 | | to exercise its right to acquire the franchise not | 8 | | later than 60 days after the manufacturer's or | 9 | | distributor's receipt of a notice of the proposed | 10 | | transfer from the dealer and all information and | 11 | | documents reasonably and customarily required by the | 12 | | manufacturer or distributor supporting the proposed | 13 | | transfer; "; and | 14 | | on page 36, by replacing lines 10 through 12 with the | 15 | | following: | 16 | | " investigating, and negotiating the transfer of the | 17 | | dealership prior to the manufacturer's or | 18 | | distributor's exercise of its right of "; and
| 19 | | on page 36, line 21, by changing " manufacturer " to | 20 | | " manufacturer's "; and
| 21 | | on page 36, line 25 by changing " 30 " to " 90 "; and
|
| | | 10000SB1687sam002 | - 5 - | LRB100 07840 AXK 25140 a |
|
| 1 | | on page 37, by replacing lines 3 through 9 with the following: | 2 | | " manufacturer's or distributor's right of first | 3 | | refusal. | 4 | | Except as provided in this paragraph (14), neither the | 5 | | selling dealer nor the manufacturer or distributor shall | 6 | | have any liability to any person as a result of a | 7 | | manufacturer or distributor exercising its right of first | 8 | | refusal. | 9 | | For the purpose of this paragraph, "proposed | 10 | | transferee" means the person to whom the franchise would | 11 | | have been transferred to, or was proposed to be transferred | 12 | | to, had the right of first refusal or other right to | 13 | | acquire the franchise not been exercised by the | 14 | | manufacturer or distributor. "; and
| 15 | | on page 37, by replacing lines 21 and 22 with the following:
| 16 | | " retail customer other than through a franchised dealer , except | 17 | | as otherwise provided in this subsection (f). The changes made | 18 | | to this subsection (f) by this amendatory Act of the 100th | 19 | | General Assembly are declarative of existing law. This that, | 20 | | this subsection shall not prohibit:"; and
| 21 | | on page 54, by replacing lines 14 through 24 with the | 22 | | following: | 23 | | " dealer's market area presented by the dealer impacted the |
| | | 10000SB1687sam002 | - 6 - | LRB100 07840 AXK 25140 a |
|
| 1 | | dealer's performance. ".
|
|