House
Study
Bill
181
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
COMMERCE
BILL
BY
CHAIRPERSON
LUNDGREN)
A
BILL
FOR
An
Act
providing
for
the
termination
of
dealership
agreements
1
involving
agricultural
equipment.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1834YC
(3)
89
da/ns
H.F.
_____
Section
1.
Section
322F.3,
subsection
1,
unnumbered
1
paragraph
1,
Code
2021,
is
amended
to
read
as
follows:
2
If
a
dealership
agreement
is
terminated
by
cancellation
or
3
nonrenewal
by
either
the
dealer
or
supplier
,
the
supplier
must
4
repurchase
equipment
and
parts
in
the
dealer’s
inventory
and
5
must
repurchase
special
tools
and
computer
hardware
or
software
6
required
for
the
dealership.
The
repurchase
is
subject
to
the
7
following
conditions:
8
EXPLANATION
9
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
10
the
explanation’s
substance
by
the
members
of
the
general
assembly.
11
This
bill
amends
a
provision
in
Code
chapter
322F,
which
12
regulates
business
relationships
between
suppliers
and
dealers
13
of
agricultural
equipment
associated
with
livestock
or
crop
14
production,
horticulture,
or
floriculture
(Code
section
15
322F.1(1)).
The
parties’
business
relationship
is
governed
by
16
a
dealership
agreement
which
grants
the
dealer
a
right
to
sell,
17
distribute,
or
service
the
supplier’s
equipment
(Code
section
18
322F.1(5)).
The
Code
chapter
specifies
a
number
of
rights
19
and
obligations
imposed
upon
dealers
and
suppliers,
places
20
restrictions
upon
certain
supplier
practices
(Code
section
21
322F.7),
and
provides
for
supplier
liability
(Code
section
22
322F.8).
A
dealer
may
exercise
a
number
of
rights
if
the
23
agreement
is
terminated.
For
example,
the
supplier
must
pay
24
the
dealer
costs
of
unused
complete
equipment,
repair
parts,
25
and
computer
devices
(amended
Code
section
322F.3(1)).
The
26
bill
specifies
that
the
termination
procedures
apply
regardless
27
of
which
party
terminated
the
agreement.
28
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1834YC
(3)
89
da/ns
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1