| Passed by the House March 5, 2009 Yeas 97 FRANK CHOPP ________________________________________ Speaker of the House of Representatives Passed by the Senate April 15, 2009 Yeas 43 BRAD OWEN ________________________________________ President of the Senate | I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE HOUSE BILL 1664 as passed by the House of Representatives and the Senate on the dates hereon set forth. BARBARA BAKER ________________________________________ Chief Clerk | |
| Approved April 25, 2009, 11:49 a.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | April 27, 2009 Secretary of State State of Washington |
| State of Washington | 61st Legislature | 2009 Regular Session |
READ FIRST TIME 02/20/09.
AN ACT Relating to termination, cancellation, or nonrenewal of motorsports manufacturer and dealer franchise agreements; and amending RCW 46.93.080.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 46.93.080 and 2003 c 354 s 8 are each amended to read
as follows:
(1) Upon the termination, cancellation, or nonrenewal of a
franchise ((by the manufacturer under this chapter)), the manufacturer
shall pay the dealer, at a minimum:
(a) Dealer cost, less all allowances paid or credited to the dealer
by the manufacturer, of unused, undamaged, and unsold new motorsports
vehicles in the dealer's inventory that were acquired from the
manufacturer or another dealer of the same line make in the ordinary
course of business;
(b) Dealer cost for all unused, undamaged, and unsold supplies,
parts, and accessories in original packaging, except that in the case
of sheet metal, a comparable substitute for original packaging may be
used, if the supply, part, or accessory was acquired from the
manufacturer or from another dealer ceasing operations as a part of the
dealer's initial inventory, as long as the supplies, parts, and
accessories appear in the manufacturer's current parts catalog, list,
or current offering;
(c) Dealer cost for all unused, undamaged, and unsold inventory,
whether vehicles, parts, or accessories, the purchase of which was
required by the manufacturer;
(d) The fair market value of each undamaged sign owned by the
dealer that bears a common name, trade name, or trademark of the
manufacturer, if acquisition of the sign was recommended or required by
the manufacturer and the sign is in good and usable condition less
reasonable wear and tear, and has not been depreciated by the dealer
more than fifty percent of the value of the sign; and
(e) The fair market value of all special tools owned or leased by
the dealer that were acquired from the manufacturer or persons approved
by the manufacturer, and that were required by the manufacturer, and
are in good and usable condition, less reasonable wear and tear.
However, if the tools are leased by the dealer, the manufacturer shall
pay the dealer such amounts that are required by the lessor to
terminate the lease under the terms of the lease agreement.
(2) To the extent the franchise agreement provides for payment or
reimbursement to the dealer in excess of that specified in this
section, the provisions of the franchise agreement will control.
(3) The manufacturer shall pay the dealer the sums specified in
subsection (1) of this section within ninety days after the ((tender of
the property)) termination, cancellation, or nonrenewal of the
franchise, if the dealer has clear title to the property or can provide
clear title to the property upon payment by the manufacturer and is in
a position to convey that title to the manufacturer.