State Legislation We Are Watching
South Dakota H.B. 1227
Category: Dealer Issues
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.
Status:
01/25/2012 First read in House and referred to House State Affairs
02/08/2012 State Affairs Committee: Do Pass Amended, Passed, Yeas 12, Nays 0
02/10/2012 House of Representatives: Do Pass Amended, Passed, Yeas 66, Nays 1
02/13/2012 First read in Senate and referred to Senate Commerce and Energy
02/16/2012 Commerce and Energy Do Pass Amended, Passed, Yeas 5, Nays 0
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.
Nebraska L.B. 841
Category: Dealer/Manufacturer
Last Action: 02/13/2012 Placed on Select File
Synopsis: An Act to change provisions relating to permits for exceeding size and weight limitations; to repeal the original section; and to declare an emergency.
Status:
01/06/2012 Date of introduction
01/10/2012 Referred to Transportation and Telecommunications Committee
01/26/2012 Placed on General File
02/09/2012 Advanced to Enrollment