State Legislation We Are Watching
South Dakota H.B. 1227
Category: Dealer Issues
Last Action: 01/25/2012 First read in House and referred to House State Affairs
Synopsis: An Act to revise certain provisions with regard to the rights of industrial and construction equipment dealers.
In short this bill is written to protect CAT and CAT Dealers (or others that fall within their definition) from laws that pertain to other dealers and manufacturers.
This type of legislation is often referred to as a “carve out”. In this case a dealer with gross sales of one million dollars or more of industrial and construction equipment, replacement parts and service related to the equipment, from any one manufacturer or supplier of such equipment, is NOT viewed as a dealer under this section of the law.
The next section reads the same way and exempts the manufacturer or supplier from being defined as a such and by doing so, exempts them from this section of the law.
New Jersey A2133
Category: Lemon Laws/Warranties
Last Action: 01/17/2012 FILED.
Synopsis: Extends protections of the new vehicle lemon Law to tractors purchased or leased in New Jersey.
Status: This bill was filed in 2010-11 and passed the Assembly on a vote of 76-0. The bill was not taken up by the Senate.
Association Position: Neutral at this point. While we do not expect “other farm equipment” to be added, we will continue to monitor this legislation.
Pennsylvania S.B. 1169
Category: Dealer Issues
Last Action: 01/25/2012 In Senate; Re-referred to APPROPRIATIONS
Synopsis: These bills have been supported by Northeast Equipment Dealers Association during the last two sessions. Act amends (P.L.412, No.86), known as the Pennsylvania Fair Dealership Law, further providing for definitions, for termination of dealer agreement, for death or incapacitation of dealer and for repurchase of unused specialized repair tools; repealing provisions relating to coercion; and providing for violations of act, for warranty, for remedies and enforcement and for waiver. These bills contain the standard carve out language supported by Caterpillar which provides special status to Caterpillar and their dealers.
California Regulation
Category: Dealer Issues
Title: Temporary Tax Increase In Assembly Bill 3
Agency: Board of Equalization
Summary: Amends regulatory provisions that pertain to partial exemptions from sales and use tax provided by Revenue and Taxation Code (RTC). Removes the one percent statewide sales and use tax and returns the regulations to the rate that was in existence prior to April 1, 2009.
Florida H.B. 1021
Category: Equipment Restrictions
Last Action: 01/27/2012 In House; Now in Agriculture and Natural Resources Appropriations Subcommittee
Synopsis: Adds citrus harvesting equipment, citrus fruit loaders to the list of farm equipment, not exceed 50 feet in length, which are allow limited operation.
Florida H.B. 1223 & S.B.1122
Category: Dealer Issues
Last Action: 01/27/2012 In House; Pending review of committee substitute under Rule 7.19(c)
Synopsis: Allows farm and industrial equipment dealers to conduct repossessions without being licensed as a Recovery Agent.