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HB 0117 - Motor vehicles; definition; exempt certain vehicles

Tracking Level: Monitor
Sponsor: Heard,John 104th
Last Action: 5/30/2007 - House Date Signed by Governor
House Committee: Judy
Senate Committee: FIN

Staff Analysis of the Legislation

House Bill 117

 

Chair's Name: Wendell Willard

 

Committee: Judiciary

 

House Sponsor: John Heard

 

Section 1 of HB 117 would exclude motorcycles, all-terrain vehicles, and utility vehicles from the current general consideration regarding motor vehicle franchises. 

 

Section 2 exempts conventions and rallies of more than 2,500 recreational vehicles from the requirement that allows only lawful dealers to sell or distribute as long as no out-of-state dealers participate in the conventions and rallies unless all franchised GA dealers are invited, there is no sales discrimination by a manufacturer to any franchised GA dealer, and the manufacturer not require any franchised GA dealer to purchase additional inventory.  Out-of-state dealers must register with the Dept. of Revenue and purchase a $500 permit.

 

Section 3 of HB 117 creates new standards relating to selling and other trade practices for motorcycles, all-terrain vehicles, and utility vehicles.

 

The committee substitute received a Do Pass recommendation from the Judiciary Committee and comes to the House Floor as a Rules Substitute under the Open Rule.

 

Senate Changes:

The Senate added a provision that out-of-state dealers who are not licensed in Georgia have to be from a state authorizing Georgia dealers to participate in rallies and conventions with conditions similar to those licensed by Georgia Code. The bill also creates an exception that manufacturers and dealers who violate 10-1-679.14 are guilty of a misdemeanor of a high and aggravated nature. The Senate also added an exception providing that a dealer under � 13-8-12 and subject to � 13-8-2 is not required to have at least 75% of its revenue derived from the sales of new motorcycles or utility vehicle related products and services. Representative Heard will likely move to agree.

Further Action

The Senate ultimately receded from their amendments to the bill, leaving the bill as it was passed by the House with the exception that manufacturers or dealers which violate the provisions would not be able to participate in the events.


Bill Summary from the State Site - Click for the State Summary Page / Click for Current Full Text