HB 1156-1_ Filed 02/22/2001, 09:00
Text Box
Adopted Rejected
[
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COMMITTEE REPORT
YES:
11
NO:
0
MR. SPEAKER:
Your Committee on Public Policy, Ethics and Veterans Affairs , to which was referred
House Bill 1156 , has had the same under consideration and begs leave to report the same
back to the House with the recommendation that said bill be amended as follows:
SOURCE: Page 1, line 4; (01)CR115601.1. -->
Page 1, line 4, delete "means, with respect to a new motor" and
insert " means the following:
(1) With respect to a:
(A) proposed new motor vehicle dealer in a county having
a population of more than one hundred thousand
(100,000); or
(B) new motor vehicle dealer who plans to relocate the
dealer's place of business in a county having a population
of more than one hundred thousand (100,000);
the area within a radius of six (6) miles of the intended site of
the proposed or relocated dealer. The six (6) mile distance
shall be determined by measuring the distance between the
nearest surveyed boundary of the existing new motor vehicle
dealer's principal place of business and the nearest surveyed
boundary line of the proposed or relocated new motor vehicle
dealer's place of business.
(2) With respect to a:
(A) proposed new motor vehicle dealer in a county having
a population that is not more than one hundred thousand
(100,000); or
(B) new motor vehicle dealer who plans to relocate the
dealer's place of business in a county having a population
that is not more than one hundred thousand (100,000);
the area within a radius of ten (10) miles of the intended site
of the proposed or relocated dealer, or the county line,
whichever is closer to the intended site. The ten (10) mile
distance shall be determined by measuring the distance
between the nearest surveyed boundary line of the existing
new motor vehicle dealer's principal place of business and the
nearest surveyed boundary line of the proposed or relocated
new motor vehicle dealer's principal place of business.".
Page 1, delete lines 5 through 17, begin a new paragraph and insert:
SOURCE: IC 9-18-7-4; (01)CR115601.2. -->
"SECTION 2.
IC 9-18-7-4
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 4. (a) An Indiana
resident who owns a vehicle required to be registered under this title
may, for the purpose of delivering or having delivered the vehicle to
the residence or place of business of the resident, apply for and obtain
a temporary permit that allows the person or the person's agent or
employee to operate the vehicle upon the highways without obtaining
a certificate of title or registration for the vehicle. The permit is valid
for not more than forty-eight (48) ninety-six (96) hours.
(b) A person must do the following to obtain a permit under this
section:
(1) Pay the required fee with the application.
(2) Provide proof of financial responsibility in the amounts
specified under IC 9-25 in the form required by the bureau.".
SOURCE: Page 3, line 1; (01)CR115601.3. -->
Page 3, line 1, delete "It is an unfair practice for a manufacturer or"
and insert "
(a) This section does not apply to the relocation of a new
motor vehicle dealer to a location that is not more than two (2)
miles from its established place of business.
(b) This section does not apply to the reopening or replacement
in a relevant market area of a closed dealership that has been
closed within the preceding year, if the established place of
business of the reopened or replacement dealer is within two (2)
miles of the established place of business of the closed dealership.
(c) Before a franchisor enters into a franchise establishing or
relocating a new motor vehicle dealer within a relevant market
area where the same line make is represented, the franchisor shall
give written notice to each new motor vehicle dealer of the same
line make in the relevant market area of the franchisor's intention
to establish an additional dealer or to relocate an existing dealer
within that relevant market area.
(d) Not later than thirty (30) days after:
(1) receiving the notice provided for in subsection (c); or
(2) the end of any appeal procedure provided by the
franchisor;
a new motor vehicle dealer may bring a declaratory judgment
action in the circuit court for the county in which the new motor
vehicle dealer is located to determine whether good cause exists for
the establishing or relocating of a proposed new motor vehicle
dealer. If an action is filed, the franchisor may not establish or
relocate the proposed new motor vehicle dealer until the circuit
court has rendered a decision on the matter. An action brought
under this section shall be given precedence over all other civil
matters on the court's docket.
(e) In determining whether good cause exists for establishing or
relocating an additional new motor vehicle dealer for the same line
make, the court shall take into consideration the existing
circumstances, including the following:
(1) Permanency of the investment.
(2) Effect on the retail new motor vehicle business and the
consuming public in the relevant market area.
(3) Whether it is injurious or beneficial to the public welfare.
(4) Whether the new motor vehicle dealers of the same line
make in that relevant market area are providing adequate
competition and convenient consumer care for the motor
vehicles of that line make in the market area, including the
adequacy of motor vehicle sales and qualified service
personnel.
(5) Whether the establishment or relocation of the new motor
vehicle dealer would promote competition.
(6) Growth or decline of the population and the number of
new motor vehicle registrations in the relevant market area.
(7) The effect on the relocating dealer of a denial of its
relocation into the relevant market area.".
Page 3, delete lines 2 through 14.
Renumber all SECTIONS consecutively.
(Reference is to HB 1156 as introduced.)
and when so amended that said bill do pass.
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CR115601/DI 87 2001