AMENDMENT FOR PRINTED BILL
1108jd

___________________ moved that HB 1108 be amended as follows:


    On page 1, line 8 of the printed bill, after "future" insert ", if done unfairly, without due regard to the equities of the dealer and without just provocation".

    On page 2, delete lines 7 to 16, inclusive, and insert:

"    Section 4. That chapter 37-5 be amended by adding thereto a NEW SECTION to read as follows:

    Any manufacturer or supplier of merchandise as defined in subdivision 37-5-12.2(3) that authorizes a dealer of such merchandise to perform warranty work is obligated to provide that dealer with reasonable compensation for diagnostic work, as well as repair service, parts, and labor to the dealer. Time allowances for diagnostic and performance of warranty work and service shall be adequate for the work to be performed. The hourly labor rate paid to the dealer for warranty service may not be less than the rate charged by the dealer for like service to nonwarranty customers for nonwarranty service. Reimbursement for parts used in the performance of warranty repair may not be less than the lesser of the current retail rate customarily charged by the dealer for the part or the cost of the part plus thirty percent.

    Section 5. That § 37-5-12.1 be amended to read as follows:

    37-5-12.1. For the purposes of 37-5-1 to 37-5-12 37-5-12.4, inclusive, the term, dealer, means any person, or the person's successor who, for commission or with intent to make a profit or gain, sells, exchanges, rents, leases with the option to purchase, or offers or attempts to negotiate a sale or exchange any merchandise as defined by this chapter, or who is engaged wholly or in part in the business of selling any such merchandise. The term does not include any person with an annual gross sales of one hundred million dollars or more of industrial and construction equipment, and any replacement parts and service related to the equipment, from any one manufacturer or supplier of such equipment.

    Section 6. That subdivision (1) of § 37-5-13 be amended to read as follows:

            (1)    "Dealer," any person who receives machinery from a manufacturer under a dealership contract and who offers and sells the machinery to the general public. The term, dealer, does not include a single-line dealer or any person with an annual gross sales of one hundred million dollars or more of industrial and construction equipment, and any replacement parts and service related to the equipment, from any one manufacturer or supplier of such equipment;
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