Legislation We are Watching

With most state legislatures now in session, the list of proposed bills and regulations continues to grow. Based on our experience, we expect to be tracking several dozen bills over the next few months and will keep members informed not only of the status but also where the Association takes a position on pending legislation.

Pennsylvania S.B.1169 and H.B. 851
Category: Dealer Issues

These bills have been supported by Northeast Equipment Dealers Association during the last two sessions.

Synopsis: 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.

Status:
06/23/2011 In Senate; Referred to Agriculture & Rural Affairs
12/14/2011 In Senate; Reported as amended; First consideration

Nebraska L.B. 841
Category: Dealer/Manufacturer Legislation
Last Action: 01/06/2011 Introduced
Synopsis: Act changes provisions relating to permits for exceeding size and weight limitations of farm equipment operated on public roads; to repeal the original section; and to declare an emergency.

Kentucky Regulation
Category: Equipment and Engines
Title: Overweight Or Overdimensional Farm Equipment
Citation: 601 KAR 1:019
Comment Deadline: 01/31/2012

Summary: Proposes the rules and regulations regarding overweight or over dimensional farm equipment. Establishes the requirements for the issuance of single trip and annual permits for overweight and over dimensional farm equipment. This regulation establishes the conditions under which self propelled farm equipment can be operated. This regulation also establishes safety requirements for escort vehicles accompanying farm equipment.

Agency Contact: D Ann D’Angelo, Asst. General Counsel, Transportation Cabinet, Office of Legal Services, 200 Mero St., Frankfort, Kentucky 40622, phone (502) 564-7650

Florida H.B. 1223 & S.B. 1122

Category: Dealer Issues

Last Action: 01/12/2012 In House; Referred to Transportation and Highway Safety Subcommittee; Transportation and Economic Development Appropriations Subcommittee; Economic Affairs Committee

Synopsis: Relates to Highway Safety and Motor Vehicles; providing that a dealer of certain farm or industrial equipment is not subject to licensure as a recovery agent or agency under certain conditions.

Association Dues Used In Lobbying

As a result of the lobbying expenses incurred by the Association during this past year, we are required to notify members of the deductible portion of their membership dues paid to the Association. We also want members to be aware that we continue to employee lobbyists on their behalf on a state-by-state basis.

For the fiscal year ended August 31, 2011 the non-deductible portion of the dues paid would be 28.86%. Members who would like a copy of our CPA’s letter for their records should contact the Association office.

It should also be noted that the Association makes NO contributions to any political campaign or partisan campaign committee.