IN HB1236 | 2023 | Regular Session

Status

Completed Legislative Action
Spectrum: Slight Partisan Bill (Republican 6-2)
Status: Passed on May 1 2023 - 100% progression
Action: 2023-05-01 - Public Law 134
Text: Latest bill text (Enrolled) [PDF]

Summary

Protections for motor vehicle dealers. Specifies the amount of compensation by a manufacturer or distributor to a dealer for a part. Provides the requirements for a remedy procedure or parts required to be provided to a dealer by a manufacturer or distributor to repair a used motor vehicle that is subject to a stop sale directive. Provides that a manufacturer or distributor shall compensate a dealer for assistance requested by a customer whose vehicle is subject to an over-the-air or a remote repair, or an update to a part, system, accessory, or function by a manufacturer or distributor that is performed at a dealership. Provides that a manufacturer or distributor may not require a dealer to purchase a product or service from a vendor designated by the manufacturer or distributor if the dealer selects a vendor that provides products or services that are substantially similar to that of the vendor designated by the manufacturer or distributor, meets reasonable program standards or requirements of the manufacturer or distributor, and is subject to the approval of the manufacturer or distributor. Provides that a franchisor is not considered to be competing unfairly if operating a business for less than one year. (Current law says for less than two years.) Provides for conditions a manufacturer or distributor may not place on a dealer, as a condition of granting or continuing a franchise, approving the transfer of ownership or assets of a new motor vehicle dealer, or approving a successor to a new motor vehicle dealer. For provisions concerning unfair practices for a manufacturer, distributor, officer, or agent, makes the effective date effective upon passage. Provides that a manufacturer or distributor may not coerce or require a dealer to make improvements to the dealer's facilities or install signs or other franchisor image elements that would result in replacing or substantially altering improvements or image elements that the dealer made or installed during the immediately preceding 10 years. (Current law provides that a manufacturer or distributor may not require a dealer to make changes in the immediately preceding seven years.) Provides that it is an unfair practice for a manufacturer or distributor to: (1) require a dealer to; or (2) coerce a dealer into; selling or offering for sale certain products not approved, endorsed, sponsored, or offered by the manufacturer, distributor, affiliate, or captive finance source. Provides that it is an unfair practice to consider sale or offer of sale of certain products not approved, endorsed, sponsored, or offered by the manufacturer, distributor, affiliate, or captive finance source when determining eligibility to purchase products from, volume of purchases from, and pricing from the manufacturer or distributor. Provides that it is not an unfair practice for a manufacturer, distributor, affiliate, or captive finance source to: (1) offer discounts, rebates, or other incentives to a dealer who voluntarily sells or offers to sell certain products approved, endorsed, sponsored, or offered by the manufacturer, distributor, affiliate, or captive finance source; or (2) require a dealer to disclose the sale of certain products not approved, endorsed, sponsored, or offered by the manufacturer, distributor, affiliate, or captive finance source.

Tracking Information

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Title

Protections for motor vehicle dealers.

Sponsors


Roll Calls

2023-04-20 - House - House - House concurred in Senate amendments (Y: 87 N: 3 NV: 1 Abs: 9) [PASS]
2023-04-17 - Senate - Senate - Third reading (Y: 49 N: 0 NV: 0 Abs: 1) [PASS]
2023-02-27 - House - House - Third reading (Y: 90 N: 5 NV: 1 Abs: 4) [PASS]

History

DateChamberAction
2023-05-01HousePublic Law 134
2023-05-01HouseSigned by the Governor
2023-04-26SenateSigned by the President of the Senate
2023-04-25SenateSigned by the President Pro Tempore
2023-04-24HouseSigned by the Speaker
2023-04-20HouseHouse concurred in Senate amendments; Roll Call 472: yeas 87, nays 3
2023-04-19HouseMotion to concur filed
2023-04-18SenateReturned to the House with amendments
2023-04-17SenateThird reading: passed; Roll Call 423: yeas 49, nays 0
2023-04-13SenateSecond reading: ordered engrossed
2023-04-11SenateCommittee report: amend do pass, adopted
2023-03-09SenateSenator Messmer added as cosponsor
2023-03-06SenateFirst reading: referred to Committee on Homeland Security and Transportation
2023-02-28HouseReferred to the Senate
2023-02-27HouseSenate sponsors: Senators Freeman, Garten, Niezgodski
2023-02-27HouseThird reading: passed; Roll Call 240: yeas 90, nays 5
2023-02-23HouseSecond reading: ordered engrossed
2023-02-22HouseRepresentative Harris added as coauthor
2023-02-21HouseRepresentative Lauer added as coauthor
2023-02-21HouseCommittee report: amend do pass, adopted
2023-01-10HouseFirst reading: referred to Committee on Roads and Transportation
2023-01-10HouseAuthored by Representative Pressel
2023-01-10HouseCoauthored by Representative McNamara

Subjects


Indiana State Sources


Bill Comments

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