SB453 SFA Trump 3-4 #2

Lovell 7908

            Senator Trump moved to amend the bill on page seventeen, section ten, line nine, after the word “affiliates.” by inserting the following: If a manufacturer, factory branch, distributor, or distributor branch offers incentives or other payments to a consumer or dealer paid on individual vehicle sales under a program offered after the effective date of this subdivision and available to more than one dealer in the state that are premised, wholly or in part, on dealer facility improvements or installation of franchiser image elements required by and approved by the manufacturer, factory branch, distributor or distributor branch and completed within ten years preceding the program shall be deemed to be in compliance with the program requirements pertaining to construction of facilities or installation of signs or other franchisor image elements that would replace or substantially alter those previously constructed or installed with that ten year period. This subsection shall not apply to a program that is in effect with more than one dealer in the state on the effective date of this subsection, nor to any renewal of such program, nor to a modification that is not a substantial modification of a material term or condition of such program.

            And,

            On page thirty, section twelve-a, lines thirteen through seventeen, by striking out all of subsection (3) and inserting in lieu thereof a new subsection, designated subsection (3) three to read as follows:

            (3) If a manufacturer and new motor vehicle dealer are in parties to a property use agreement, the dealer agreement between the manufacturer and new motor vehicle dealer is terminated by a manufacturer or by a successor manufacturer or by operation of law and the reason for the termination is not a reason described in paragraphs one through five, inclusive, subdivision (c),

 section seven of this article, the property use agreement terminates and ceases to be effective at the time the dealer agreement is terminated.

Adopted

Rejected