Please find below a regularly updated list of legislative proposals from every state’s legislature. This list will include industry-specific statutes that fall under the franchise, dealership and distributorship umbrella. Scroll down for more.
SB 225. Concerns recreational vehicle manufacturers, distributors, and dealers; relates to definition of recreational vehicles; provides a penalty. Generally speaking, creates a “dealer law” specific to RVs.
04/14/2023 INTRODUCED; 04/14/2023 To SENATE Committee on TRANSPORTATION AND LOCAL GOVERNMENT; 10/23/2023 In SENATE. Amendment No. 1 offered; 10/24/2023 Public Hearing held; 01/09/2024 In SENATE. Substitute Amendment No. 1 offered.
West Virginia - Right to Repair – Ag; Forestry; Lawn & Garden
SB 306. Creating the Right to Repair Act that covers farm equipment, forestry equipment, and lawn and garden equipment; establishing jurisdiction of the Commissioner of Agriculture; establishing requirements; establishing limitations; establishing prohibitions; providing for rulemaking; establishing violations; imposing civil penalties; authorizing civil actions, penalties, and injunctive relief; and providing for applicability and effective date of article.
01/12/2024 INTRODUCED; 01/12/2024 To SENATE Committee on AGRICULTURE AND NATURAL RESOURCES.
SB 173. Modifies certain guidelines for motor vehicle dealers, distributors, wholesalers, and manufacturers. Warranty reimbursement is expanded to cover “communicating” time (e.g., on call with Techs); modified labor rates and presumption of reasonableness; Changes timing for approval/denial of dealer submissions of a parts markup; Some changes limiting abilities to mandate facilities upgrades, with interrelationship to dealer sellouts; Adds a term that says a manufacturer cannot require a dealer to agree to any term in a dealer agreement that gives a manufacturer the right to unilaterally amend the dealer agreement; Expands the “full line make” obligation, to allow dealers to purchase and resell all models of a line-make, clarifying an OEM cannot create a separate or add-on “badging” for, e.g., an electric version; expands prohibition against OEM Rights of First Refusal by streamlining that prohibition and its definition; modifies rights of first refusal (ROFRs); there is a new provision that prohibits manufacturer websites that would negotiate sales terms or pricing, or bind orders, while acting like a lead generation service to dealers; new language also limits an OEM’s ability to maintain ownership of vehicles sent to dealers or to sell through consignment, or otherwise treat a dealer as merely a “delivery” agent for a vehicle sold by the OEM.
01/10/2024 INTRODUCED; 01/10/2024 SENATE committee reference dispensed; 01/10/2024 In SENATE: Read 1st time; 01/11/2024 In SENATE: Read 2nd time; 01/12/2024 In SENATE: Read 3rd time; 01/12/2024 Passed SENATE To HOUSE.
HB 2028/ SB 5945. Concerns manufacturer and new dealer franchise agreements. Expands factory-store prohibition to cover/prohibit dealerships by subsidiaries and those under common control with manufacturer. Prohibits selling subscription of aftermarket options that involve previously-installed hardware (e.g., heated seats). Expands warranty reimbursement protections for dealers and increases reimbursements owed. Prohibits facilities mandates for DC Fast Charging. Prohibits the use of online reservation systems by manufacturers that would bind its dealers to sales terms, amounts, trade-in values, etc.
HB: 12/22/2023 PREFILED;
SB: 1/2/2024 PREFILED; 01/08/2024 INTRODUCED; 01/10/2024 to LABOR & COMMERCE; 01/25/2024 Schedule for public hearing
HB 1996. Establishes the specified state Recreational Vehicle Manufacturer and Dealer Law. Creates whole cloth a typical dealer-protectionist motor vehicle dealer law specific to RVs.
12/20/2023 PREFILED; 01/08/2024 INTRODUCED.
HB 191 / SB 534 . Changes the deadline for a vehicle manufacturer, factory branch, distributor, or distributor branch to reject the sale or transfer of a dealership from 30 days prior to the effective date of the sale or transfer to 60 days from the receipt of notice from the dealer of the proposed sale or transfer and lists requirements for such notice from the dealer. The bill provides that an objection to a sale or transfer based on an applicant's years of motor dealer management experience is a reasonable objection but removes the right to object based on other applicant qualifications. The bill further provides that a franchisor's consent to a relocation of a business cannot be unreasonably withheld. Finally, the bill entitles dealers and applicants for sale or transfer to damages if a manufacturer, factory branch, distributor, or distributor branch willfully engages in prohibited conduct.
HB: 01/03/2024 PREFILED; 01/10/2024 INTRODUCED; 01/10/2024 To HOUSE Committee on TRANSPORTATION
SB: 01/10/2024 INTRODUCED; 01/10/2024 To SENATE Committee on TRANSPORTATION (https://lis.virginia.gov/cgi-bin/legp604.exe?241+ful+SB534+hil)
SB 2022. Modifies allocation requirements by OEMs including 3-year record keeping requirement evidencing allocation practices.
02/05/2024 Introduced and first reading.
AB 8291. Requires any dealer where bicycles and/or scooters with electric assist, electric-powered or lithium-ion electric batteries are sold at retail or repaired, and/or lithium-ion electric batteries are housed in a storage facility to maintain functional fire protection and suppression measures effective against lithium-ion battery and electrical fires, including but not limited to Class B extinguishers, battery cases, and automatic monitoring and detection.
11/27/2023 INTRODUCED; 11/27/2023 To ASSEMBLY Committee on CONSUMER AFFAIRS AND PROTECTION; 01/03/2024 To ASSEMBLY Committee on CONSUMER AFFAIRS AND PROTECTION.
SB 7767. Provides for the issuance of certificates of registration (e.g., factory store dealer licensing) for entities that manufacture or assemble zero-emissions vehicles and have no franchised motor vehicle dealers in the State if the sale of zero-emission vehicles in the State fail to meet certain targets.
11/27/2023 INTRODUCED; 11/27/2023 To SENATE Committee on RULES; 01/03/2024 To SENATE Committee on ENVIRONMENTAL CONSERVATION.
SB 7014. Requires manufacturers to provide access to motor vehicle data to motor vehicle owners and designees; provides certain exceptions; repeals upon enactment of similar federal legislation.
05/16/2023 INTRODUCED; 05/16/2023 To SENATE Committee on CONSUMER PROTECTION; 01/03/2024 To SENATE Committee on CONSUMER PROTECTION.
