08 LC 28
3875S
The
House Committee on Agriculture and Consumer Affairs offers the following
substitute to HB 297:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating
to selling and other trade practices, so as to provide for certain franchise
agreement exemptions for rallies or conventions involving more than 2,500
recreational vehicles; to provide for applicability; to provide an effective
date; to provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and
other trade practices, is amended by revising Code Section 10-1-649.14, relating
to franchise agreements required to sell or distribute recreational vehicles, as
follows:
"10-1-679.14.
(a)
It shall be unlawful for any dealer to sell or distribute any new recreational
vehicle in Georgia unless the dealer has a franchise dealership agreement with a
grantor with the express right to sell or distribute recreational vehicles in
Georgia and meets the requirements and definitions provided in this article.
Any dealer who does not meet the requirements of this article may participate in
events where recreational vehicles are exhibited or demonstrated and seminars
are provided but shall be prohibited from contracting to sell or distribute
recreational vehicles to the public. Notwithstanding the foregoing, this Code
section shall not apply to the sale of recreational vehicles at events sponsored
by a Georgia based recreational vehicle grantor with manufacturing facilities
located in
the
this
state, where recreational vehicles are sold or contracted for by its franchised
out-of-state recreational vehicle dealers.
(b)
This Code section shall not apply to any convention or rally involving more than
2,500 recreational vehicles which are registered with the sponsor of said event;
provided, however, that no dealers from outside of this state shall be invited
to said event by a participating manufacturer unless all franchised Georgia
dealers for such participating manufacturer shall be invited to said event, and
there shall be no discrimination in terms of sales by a manufacturer to any
franchised Georgia dealer for recreational vehicles to be sold at the convention
or rally; nor shall any franchised Georgia dealer be required by a manufacturer
to purchase inventory in addition to that required under a current franchise
agreement between the manufacturer and such dealer in order for the dealer to
participate in such convention or rally. Out-of-state dealers shall register
with the Department of Revenue and purchase a permit 30 days prior to
participating in any rally or convention in Georgia. The cost of such permit
shall be $500.00 per dealer. Nothing in this subsection shall be applied to
impair an obligation of a contract existing on the effective date of this
subsection. Any manufacturer or dealer that violates this subsection shall not
be eligible to participate in any such
events."
SECTION
2.
This
Act shall become effective on July 1, 2008, and shall apply to any agreement
entered into on or after July 1, 2008, and to any renewal, modification, or
amendment made on or after July 1, 2008, to any such agreement.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.