North Carolina 2019-2020 Session Status: Passed House 1 R cosponsors

HB 848 — RV Dealer Regulation.

Last action — Regular Message Sent To Senate

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

214 added · 213 removed

Plain-language change summary

The latest version of Bill HB 848 has added a crucial step in the process of franchise termination, cancellation, or nonrenewal. Now, when a dealer submits a petition to the Commissioner, the manufacturer must be promptly notified, and the franchise remains active while the Commissioner reviews the case. This change is significant as it adds a layer of protection for dealers, ensuring they have a chance to contest decisions regarding their franchises before any action is finalized.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 H 2 HOUSE BILL 848 Committee Substitute Favorable 5/28/19 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 H 3 HOUSE BILL 848 Committee Substitute Favorable 5/28/19 Committee Substitute #2 Favorable 7/30/19 Short Title:
"(6) Notwithstanding the terms, provisions or conditions of any franchise or notwithstanding the terms or provisions of any waiver, to terminate, cancel or fail to renew any franchise with a licensed new motor vehicle dealer unless the manufacturer has satisfied the notice requirements of sub-subdivision c.
"(6) Notwithstanding the terms, provisions or conditions of any franchise or notwithstanding the terms or provisions of any waiver, to terminate, cancel or fail to renew any franchise with a licensed new motor vehicle dealer unless *H848-v-3* General Assembly Of North Carolina Session 2019 the manufacturer has satisfied the notice requirements of sub-subdivision c.
*H848-v-2* General Assembly Of North Carolina Session 2019 of this subdivision and the Commissioner has determined, if requested in writing by the dealer within (i) the time period specified in G.S.
of this subdivision and the Commissioner has determined, if requested in writing by the dealer within (i) the time period specified in G.S.
Any franchise under notice or threat of termination, cancellation, or nonrenewal bythe manufacturer which is duly Page 2 House Bill 848-Second Edition General Assembly Of North Carolina Session 2019 transferred in accordance with G.S.
Any franchise under notice or threat Page 2 House Bill 848-Third Edition General Assembly Of North Carolina Session 2019 of termination, cancellation, or nonrenewal bythe manufacturer which is duly transferred in accordance with G.S.
20-4.01(32b)c.,lessthan 1,500 miles following the original date of delivery to the dealer, and for which no certificate of title has been issued.
20-4.01(32b)c.,less than1,500 miles following the original date of delivery to the dealer, and for which no certificate of title has been issued.
…." SECTION 1.(d) G.S.
…." House Bill 848-Third Edition Page 3 General Assembly Of North Carolina Session 2019 SECTION 1.(d) G.S.
House Bill 848-Second Edition Page 3 General Assembly Of North Carolina Session 2019 "§ 20-305.1.
"§ 20-305.1.
Page 4 House Bill 848-Second Edition General Assembly Of North Carolina Session 2019 "§ 20-305.5.
Page 4 House Bill 848-Third Edition General Assembly Of North Carolina Session 2019 "§ 20-305.5.
Notwithstanding the terms or conditions of any contract or agreement, it is unlawful for any recreational vehicle manufacturer, factory branch, distributor, or distributor branch to fail to fully and timely compensate any of its franchised recreational vehicle dealers located in this State in accordance with this section for all parts and labor used by such franchised dealers in making warranty or recall repairs to such living facilities of recreational vehicles, includinganyequipment, plumbing, appliances, and otheroptions included by the recreational vehicle manufacturer, factory branch, distributor, or distributor branch in the purchase price paid by the dealer for the vehicle, to the extent that the individual components of such living facilities are not separately warranted by the manufacturers or distributors of such components.
Notwithstanding the terms or conditions of any contract or agreement, it is unlawful for any recreational vehicle manufacturer, factory branch, distributor, or distributor branch to fail to fully and timely compensate any of its franchised recreational vehicle dealers located in this State in accordance with this section for all parts and labor used by such franchised dealers in making warranty or recall repairs to such living facilities of recreational vehicles, includinganyequipment, plumbing,appliances, and otheroptions included by the recreational vehicle manufacturer, factory branch, distributor, or distributor branch in the purchase price paid by the dealer for the vehicle, to the extent that the individual components of such living facilities are not separately warranted by the manufacturers or distributors of such components.
Notwithstanding the terms or conditions of any warranty, contract, or agreement, it isunlawfulforanywarrantor,asdefinedinthissubdivision,tofailto fullyandtimelycompensate any franchised recreational vehicle dealer located in this State in accordance with this section for all parts and labor used by such franchised recreational vehicle dealer in making warranty or recall repairs to anycomponent parts of the living facilities of recreational vehicles manufactured or distributed by such warrantor, including any equipment, plumbing, appliances, and other options included byarecreational vehiclemanufacturer,factorybranch,distributor,ordistributor branch in the purchase price paid by the dealer for the vehicle.
Notwithstanding the terms or conditions of any warranty, contract, or agreement, it isunlawfulforanywarrantor,asdefinedinthissubdivision,tofailtofullyandtimelycompensate any franchised recreational vehicle dealer located in this State in accordance with this section for all parts and labor used by such franchised recreational vehicle dealer in making warranty or recall repairs to anycomponent parts of the living facilities of recreational vehicles manufactured or distributed by such warrantor, including any equipment, plumbing, appliances, and other options included byarecreational vehiclemanufacturer,factorybranch,distributor,ordistributor branch in the purchase price paid by the dealer for the vehicle.
Provided, however, that with respect to reimbursement for a recreational vehicle dealer's transportation expenses, the dealer is required to obtain the prior written authorization of the affected warrantor before incurring any transportation expenses, which authorization shall not be unreasonably denied by the warrantor, House Bill 848-Second Edition Page 5 General Assembly Of North Carolina Session 2019 and provided further that any such request for transportation reimbursement must be denied by the warrantor within 5 business days of the warrantor's receipt of the dealer's request for reimbursement or the request shall be deemed authorized and allowed.
Provided, however, that with respect to reimbursement for a recreational vehicle dealer's transportation expenses, the dealer is required to obtain the prior written authorization of the affected warrantor before incurring any transportation expenses, which authorization shall not be unreasonably denied by the warrantor, House Bill 848-Third Edition Page 5 General Assembly Of North Carolina Session 2019 and provided further that any such request for transportation reimbursement must be denied by the warrantor within 5 business days of the warrantor's receipt of the dealer's request for reimbursement or the request shall be deemed authorized and allowed.
(g) Every recreational vehicle manufacturer, factory branch, distributor, or distributor branch that manufactures or distributes recreational vehicles for sale in this State shall designate at least one of its employees knowledgeable in warranty administration who shall be the designated warranty contact person with whom its franchised dealers licensed in this State can Page 6 House Bill 848-Second Edition General Assembly Of North Carolina Session 2019 communicate to assist them in filingand getting paid on warrantyclaims related to all component parts of all recreational vehicles such recreational vehicle manufacturer, factory branch, distributor, or distributor branch sells or distributes in this State.
(g) Every recreational vehicle manufacturer, factory branch, distributor, or distributor branch that manufactures or distributes recreational vehicles for sale in this State shall designate at least one of its employees knowledgeable in warranty administration who shall be the designated warranty contact person with whom its franchised dealers licensed in this State can Page 6 House Bill 848-Third Edition General Assembly Of North Carolina Session 2019 communicate to assist them in filingand getting paid on warrantyclaims related to all component parts of all recreational vehicles such recreational vehicle manufacturer, factory branch, distributor, or distributor branch sells or distributes in this State.
(j) It shall be unlawful for any warrantor or for any recreational vehicle manufacturer, factory branch, distributor, or distributor branch to direct or encourage any owner or purchaser of a recreational vehicle to have warrantyor recall service work or other repairs on a recreational vehiclemadebyarepairfacilityotherthaneitherthefranchiseddealerthatsoldthevehicleowner the recreational vehicle or the franchised dealer closest in proximity to such recreational vehicle owner or purchaser, provided that the recreational vehicle dealer who sold the vehicle to the owner or purchaser or who is located in closest proximity to such recreational vehicle owner or purchaser has sufficiently trained personnel and the necessary tools and equipment to make the required repairs to the vehicle, has not expressly stated in writing its desire to have the repairs House Bill 848-Second Edition Page 7 General Assembly Of North Carolina Session 2019 made elsewhere, and is willing to make the repairs within a reasonable period of time after the necessary parts have been supplied to the dealer.
(j) It shall be unlawful for any warrantor or for any recreational vehicle manufacturer, factory branch, distributor, or distributor branch to direct or encourage any owner or purchaser of a recreational vehicle to have warrantyor recall service work or other repairs on a recreational vehiclemadebyarepairfacilityotherthaneitherthefranchiseddealerthatsoldthevehicleowner the recreational vehicle or the franchised dealer closest in proximity to such recreational vehicle owner or purchaser, provided that the recreational vehicle dealer who sold the vehicle to the owner or purchaser or who is located in closest proximity to such recreational vehicle owner or purchaser has sufficiently trained personnel and the necessary tools and equipment to make the required repairs to the vehicle, has not expressly stated in writing its desire to have the repairs House Bill 848-Third Edition Page 7 General Assembly Of North Carolina Session 2019 made elsewhere, and is willing to make the repairs within a reasonable period of time after the necessary parts have been supplied to the dealer.
Page 8 House Bill 848-Second Edition General Assembly Of North Carolina Session 2019 2.
Page 8 House Bill 848-Third Edition General Assembly Of North Carolina Session 2019 2.
– A portable unit that is constructed to provide temporary living quarters for recreational, camping, or travel use, consisting of a roof, floor, and sides and is designed to be loaded onto House Bill 848-Second Edition Page 9 General Assembly Of North Carolina Session 2019 and unloaded from the bed of a pickup truck.A vehicle designed to be placedinthebedofapickuptrucktoprovidetemporarylivingquarters for recreational, camping, or travel use.
– A portable unit that is constructed to provide temporary living quarters for recreational, camping, or travel use, consisting of a roof, floor, and sides and is designed to be loaded onto House Bill 848-Third Edition Page 9 General Assembly Of North Carolina Session 2019 and unloaded from the bed of a pickup truck.A vehicle designed to be placedinthebedofapickuptrucktoprovidetemporarylivingquarters for recreational, camping, or travel use.
Notpermanentlyaffixedtorealpropertyforuseas apermanent dwelling.
Certified by the manufacturer as complying with ANSI A119.5.
Page 10 House Bill 848-Second Edition General Assembly Of North Carolina Session 2019 a.
Page 10 House Bill 848-Third Edition General Assembly Of North Carolina Session 2019 a.
(12) Manufactureranddealeragreement.
(12) Manufactureranddealer agreement.– Awrittenagreementorcontract entered into between a manufacturer and a dealer that fixes the rights and responsibilities of the parties and pursuant to which the dealer sells new recreational vehicles.
– Awrittenagreementorcontract entered into between a manufacturer and a dealer that fixes the rights and responsibilities of the parties and pursuant to which the dealer sells new recreational vehicles.
(i) the date the remedy or parts to fully repair the underlying defect that resulted in the recall of the recreational vehicle to an extent that the recreational vehicle is no longer subject to or covered by a stop-sale or do-not-drive order issued by the manufacturer of the recreational vehicle are made available to the dealer, (ii) the date the dealer sells, trades, or otherwise disposes of the qualifying used recreational vehicle, or (iii) the date the manufacturer provides notice to the House Bill 848-Second Edition Page 11 General Assembly Of North Carolina Session 2019 dealer that the stop-sale or do-not-drive order is no longer in effect.
(i) the date the remedy or parts to fully repair the underlying defect that resulted in the recall of the recreational vehicle to an extent that the recreational vehicle is no longer subject to or covered by a stop-sale or do-not-drive order issued by the manufacturer of the recreational vehicle are made available to the dealer, (ii) the date the dealer sells, trades, or otherwise disposes of the qualifying used recreational vehicle, or (iii) the date the manufacturer provides notice to the House Bill 848-Third Edition Page 11 General Assembly Of North Carolina Session 2019 dealer that the stop-sale or do-not-drive order is no longer in effect.
20-4.01(32b) and certified by the manufacturer to meet NFPA 1192 Standard for Recreation Vehicles or ANSI 119.5 Standard for Park Model RVs.
20-4.01(32b) and certified by the manufacturer to meet NFPA 1192 Standard on Recreational Vehicles.
This term also includes a park model RV.
– A recreational vehicle dealer who buys, sells, or exchanges, or offers or attempts to negotiate a sale or exchange of an interest in, or who is engaged, whollyor in part, in the business of sellingused recreational vehicles only.
– A recreational vehicle dealer who buys, sells, or exchanges, or offers or attempts to negotiate a sale or exchange of an interest in, or who is engaged, whollyor in part, in the business of selling used recreational vehicles only.
If any recreational vehicle dealer acts as a recreational vehicle sales representative, the dealershall obtain a recreational vehiclesalesrepresentative's licensein addition to a recreational vehicle dealer's license.
If any recreational vehicle dealer acts as a recreational vehicle sales representative, the dealershall obtain a recreationalvehiclesalesrepresentative's licensein addition to a recreational vehicle dealer's license.
Anyoftheselicenseholderswhooperates as a recreational vehicledealermay sell recreational vehicles at retail only at an established salesroom.
Anyoftheselicenseholders whooperates as arecreational vehicledealermay sell recreational vehicles at retail only at an established salesroom.
20-431 Page 12 House Bill 848-Second Edition General Assembly Of North Carolina Session 2019 through G.S.
20-431 Page 12 House Bill 848-Third Edition General Assembly Of North Carolina Session 2019 through G.S.
House Bill 848-Second Edition Page 13 General Assembly Of North Carolina Session 2019 An applicant for a license as a manufacturer, a factory branch, a distributor, a distributor branch, a wholesaler, or a recreational vehicle dealer must have a separate license for each established office, established salesroom, or other place of business in this State.
House Bill 848-Third Edition Page 13 General Assembly Of North Carolina Session 2019 An applicant for a license as a manufacturer, a factory branch, a distributor, a distributor branch, a wholesaler, or a recreational vehicle dealer must have a separate license for each established office, established salesroom, or other place of business in this State.
The notice must be given or mailed by certified mail to the license holder at its last known Page 14 House Bill 848-Second Edition General Assembly Of North Carolina Session 2019 address.
The notice must be given or mailed by certified mail to the license holder at its last known Page 14 House Bill 848-Third Edition General Assembly Of North Carolina Session 2019 address.
A new or used recreational vehicle dealer may display a recreational vehicle for sale at retail onlyat thedealer's established salesroom, unlessthedisplayis ofarecreational vehiclethatmeets any of the following descriptions:
A new or used recreational vehicle dealer may display a recreational vehicle for sale at retail onlyat thedealer's established salesroom, unlessthedisplayis ofa recreational vehiclethatmeets any of the following descriptions:
House Bill 848-Second Edition Page 15 General Assembly Of North Carolina Session 2019 (1) Be licensed as a recreational vehicle dealer under this Article.
House Bill 848-Third Edition Page 15 General Assembly Of North Carolina Session 2019 (1) Be licensed as a recreational vehicle dealer under this Article.
(2) Willfully and intentionally failing to comply with this Article, Article 15 of this Chapter, or G.S.
(2) Willfully and intentionally failing to comply with this Article, Article 15 of this Chapter, G.S.
Page 16 House Bill 848-Second Edition General Assembly Of North Carolina Session 2019 "§ 20-439.
Page 16 House Bill 848-Third Edition General Assembly Of North Carolina Session 2019 "§ 20-439.
House Bill 848-Second Edition Page 17 General Assembly Of North Carolina Session 2019 (3) The franchised recreational vehicle dealer is substantially associated with the manufacturer or distributor's trademark, trade name, and commercial symbol;
House Bill 848-Third Edition Page 17 General Assembly Of North Carolina Session 2019 (3) The franchised recreational vehicle dealer is substantially associated with the manufacturer or distributor's trademark, trade name, and commercial symbol;
Page 18 House Bill 848-Second Edition General Assembly Of North Carolina Session 2019 It shall be unlawful for any dealer or salesperson or any employee of any dealer, to coerce or offer anything of value to anypurchaser of a recreational vehicle to provideanytype of insurance coverage on said recreational vehicle.
Page 18 House Bill 848-Third Edition General Assembly Of North Carolina Session 2019 It shall be unlawful for any dealer or salesperson or any employee of any dealer, to coerce or offer anything of value to anypurchaser of a recreational vehicle to provideanytype of insurance coverage on said recreational vehicle.
(f) In the event that a dealer, who is permitted or required to file a notice, protest, or petition before the Commissioner within a certain period of time in order to adjudicate, enforce, or protect rights afforded the dealer under this Article, voluntarily elects to appeal a policy, determination, or decision of the manufacturer through an appeals board or internal grievance House Bill 848-Second Edition Page 19 General Assembly Of North Carolina Session 2019 procedure of the manufacturer, or to participate in or refer the matter to mediation, arbitration, or other alternative dispute resolution procedure or process established or endorsed by the manufacturer, the applicable period of time for the dealer to file the notice, protest, or petition before the Commissioner under this Article shall not commence until the manufacturer's appeal board or internal grievance procedure, mediation, arbitration, or appeals process of the manufacturer has been completed and the dealer has received notice in writing of the final decision or result of the procedure or process.
(f) In the event that a dealer, who is permitted or required to file a notice, protest, or petition before the Commissioner within a certain period of time in order to adjudicate, enforce, or protect rights afforded the dealer under this Article, voluntarily elects to appeal a policy, determination, or decision of the manufacturer through an appeals board or internal grievance House Bill 848-Third Edition Page 19 General Assembly Of North Carolina Session 2019 procedure of the manufacturer, or to participate in or refer the matter to mediation, arbitration, or other alternative dispute resolution procedure or process established or endorsed by the manufacturer, the applicable period of time for the dealer to file the notice, protest, or petition before the Commissioner under this Article shall not commence until the manufacturer's appeal board or internal grievance procedure, mediation, arbitration, or appeals process of the manufacturer has been completed and the dealer has received notice in writing of the final decision or result of the procedure or process.
(b) Any franchised new recreational vehicle dealer who seeks to challenge an actual or proposed charge, debit, payment, reimbursement, or credit to the franchised new recreational Page 20 House Bill 848-Second Edition General Assembly Of North Carolina Session 2019 vehicle dealer or to the franchised new recreational vehicle dealer's account in an amount less than or equal to ten thousand dollars ($10,000) and that is in violation of this Article or contrary to the terms of the franchise may, prior to filing a formal petition before the Commissioner as provided in G.S.
(b) Any franchised new recreational vehicle dealer who seeks to challenge an actual or proposed charge, debit, payment, reimbursement, or credit to the franchised new recreational Page 20 House Bill 848-Third Edition General Assembly Of North Carolina Session 2019 vehicle dealer or to the franchised new recreational vehicle dealer's account in an amount less than or equal to ten thousand dollars ($10,000) and that is in violation of this Article or contrary to the terms of the franchise may, prior to filing a formal petition before the Commissioner as provided in G.S.
A mediator acting pursuant to this House Bill 848-Second Edition Page 21 General Assembly Of North Carolina Session 2019 subdivision shall have judicial immunity in the same manner and to the same extent as a judge of the General Court of Justice.
A mediator acting pursuant to this House Bill 848-Third Edition Page 21 General Assembly Of North Carolina Session 2019 subdivision shall have judicial immunity in the same manner and to the same extent as a judge of the General Court of Justice.
(5) In this subsection, "mediation" means a nonbinding forum in which an impartial person, the mediator, facilitates communication between parties to promote reconciliation, settlement, or understanding amongthem.
(5) In this subsection, "mediation" means a nonbinding forum in which an impartial person, the mediator, facilitates communication between parties to promote reconciliation, settlement, or understanding among them.
The Commissioner maymake such rules and regulations, not inconsistentwith the provisions of this Article, as the Commissioner shall deem necessary or proper for the effective administration and enforcement of this Article, provided that the Commissioner shall make a Page 22 House Bill 848-Second Edition General Assembly Of North Carolina Session 2019 copy of such rules and regulations available on a Web site maintained by the Division or the Department of Transportation 30 days prior to the effective date of such rules and regulations.
The Commissioner maymake such rules and regulations, not inconsistentwith the provisions of this Article, as the Commissioner shall deem necessary or proper for the effective administration and enforcement of this Article, provided that the Commissioner shall make a Page 22 House Bill 848-Third Edition General Assembly Of North Carolina Session 2019 copy of such rules and regulations available on a Web site maintained by the Division or the Department of Transportation 30 days prior to the effective date of such rules and regulations.
(b) The manufacturer shall designate the area of sales responsibility exclusively assigned to a dealer in the manufacturer and dealer agreement and may not change such area or contract House Bill 848-Second Edition Page 23 General Assembly Of North Carolina Session 2019 with another dealer for sale of the same line-make in the designated area for the duration of the agreement.
(b) The manufacturer shall designate the area of sales responsibilityexclusively assigned to a dealer in the manufacturer and dealer agreement and may not change such area or contract House Bill 848-Third Edition Page 23 General Assembly Of North Carolina Session 2019 with another dealer for sale of the same line-make in the designated area for the duration of the agreement.
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If the dealer fails to provide the notice of intent to cure the deficiencies in the prescribed time period or fails to cure the Page 24 House Bill 848-Second Edition General Assembly Of North Carolina Session 2019 deficiencies in the time period provided, the termination, cancellation, or nonrenewal takes effect 30days afterthe dealer's receipt ofthe originalnotice.
If the dealer fails to provide the notice of intent to cure the deficiencies in the prescribed time period or fails to cure the Page 24 House Bill 848-Third Edition General Assembly Of North Carolina Session 2019 deficiencies in the time period provided, the termination, cancellation, or nonrenewal takes effect 30days afterthe dealer's receipt ofthe originalnotice.
House Bill 848-Second Edition Page 25 General Assembly Of North Carolina Session 2019 (2) The business operations of the manufacturer have been abandoned or closed for 10 consecutive business days, unless the closing is due to an act of God, strike, labor difficulty, or other cause over which the manufacturer has no control.
House Bill 848-Third Edition Page 25 General Assembly Of North Carolina Session 2019 (2) The business operations of the manufacturer have been abandoned or closed for 10 consecutive business days, unless the closing is due to an act of God, strike, labor difficulty, or other cause over which the manufacturer has no control.
(3) Any properly functioning diagnostic equipment, special tools, current signage, orotherequipmentandmachinerywhichwaspurchasedbythedealer upon the manufacturer or distributor's request within five years prior to the termination, cancellation, or nonrenewal and which can no longer be used in the normal course of the dealer's ongoing business at one hundred percent (100%) of the dealer's net cost plus freight.
(3) Any properly functioning diagnostic equipment, special tools, current signage,orotherequipmentandmachinerywhichwaspurchasedbythedealer upon the manufacturer or distributor's request within five years prior to the termination, cancellation, or nonrenewal and which can no longer be used in the normal course of the dealer's ongoing business at one hundred percent (100%) of the dealer's net cost plus freight.
(a) If a dealer desires to make a change in ownership by the sale of the business assets, stock transfer, or otherwise, the dealer shall give the manufacturer or distributor written notice at least 15 business days before the closing, including all supporting documentation as may be Page 26 House Bill 848-Second Edition General Assembly Of North Carolina Session 2019 reasonablyrequired bythe manufacturer or distributor to determine if an objection to the transfer may be made.
(a) If a dealer desires to make a change in ownership by the sale of the business assets, stock transfer, or otherwise, the dealer shall give the manufacturer or distributor written notice at least 15 business days before the closing, including all supporting documentation as may be Page 26 House Bill 848-Third Edition General Assembly Of North Carolina Session 2019 reasonablyrequired bythe manufacturer or distributor to determine if an objection to the transfer may be made.
It is unlawful to prevent or refuse to honor thesuccessiontoadealershipbyafamilymemberofthedeceased,incapacitated,orretireddealer unless the manufacturer or distributor has provided to the dealer written notice of its objections within 10 days after receipt of the dealer's modification of the dealer's succession plan.
It is unlawful to prevent or refuse to honor thesuccessiontoadealershipbyafamilymemberofthedeceased, incapacitated,orretireddealer unless the manufacturer or distributor has provided to the dealer written notice of its objections within 10 days after receipt of the dealer's modification of the dealer's succession plan.
With respect to those portions of the living facilities of recreational vehicles and any equipment, plumbing, appliances, and other options that are part of such living facilities and that are included by the recreational vehicle manufacturer, factory branch, distributor, or distributor branch in the purchase price paid by the dealer for the vehicle, the term House Bill 848-Second Edition Page 27 General Assembly Of North Carolina Session 2019 "warrantor" shall mean anymanufacturer or distributor of such living facilities or anyequipment, plumbing, appliances, and other options that are part of such living facilities that offer a warranty in writing to either the recreational vehicle dealer or to the ultimate purchaser of the recreational vehicle.
With respect to those portions of the living facilities of recreational vehicles and any equipment, plumbing, appliances, and other options that are part of such living facilities and that are included by the recreational vehicle manufacturer, factory branch, distributor, or distributor branch in the purchase price paid by the dealer for the vehicle, the term House Bill 848-Third Edition Page 27 General Assembly Of North Carolina Session 2019 "warrantor" shall mean anymanufacturer or distributor of such living facilities or anyequipment, plumbing, appliances, and other options that are part of such living facilities that offer a warranty in writing to either the recreational vehicle dealer or to the ultimate purchaser of the recreational vehicle.
Page 28 House Bill 848-Second Edition General Assembly Of North Carolina Session 2019 (d) For any part, equipment, plumbing system or device, or appliance or option, a warrantor shall reimburse the dealer the cost of the part, equipment, plumbing system or device, appliance or option, plus a minimum of a thirty percent (30%) handling charge and pay the cost, if any, of freight to return the part, equipment, appliance, or option to the warrantor.
Page 28 House Bill 848-Third Edition General Assembly Of North Carolina Session 2019 (d) For any part, equipment, plumbing system or device, or appliance or option, a warrantor shall reimburse the dealer the cost of the part, equipment, plumbing system or device, appliance or option, plus a minimum of a thirty percent (30%) handling charge and pay the cost, if any, of freight to return the part, equipment, appliance, or option to the warrantor.
(h) It shall be unlawful for any warrantor or for any recreational vehicle manufacturer, factorybranch,distributor,ordistributorbranchto recoverorattemptto recoveralloranyportion House Bill 848-Second Edition Page 29 General Assembly Of North Carolina Session 2019 of its costs for compensating recreational vehicle dealers licensed in this State for warranty or recall parts and service either by reduction in the amount due to the dealer or by separate charge, surcharge, or other imposition.
(h) It shall be unlawful for any warrantor or for any recreational vehicle manufacturer, factorybranch,distributor,ordistributorbranchto recoverorattemptto recoveralloranyportion House Bill 848-Third Edition Page 29 General Assembly Of North Carolina Session 2019 of its costs for compensating recreational vehicle dealers licensed in this State for warranty or recall parts and service either by reduction in the amount due to the dealer or by separate charge, surcharge, or other imposition.
Upon the filing of a petition before the Commissioner under this subsection, any chargeback to or anypayment required of a recreational vehicle dealer by a warrantor or by a recreational vehicle manufacturer, factory branch, distributor, or distributor branch relating to warranty or recall parts or service compensation, or to sales Page 30 House Bill 848-Second Edition General Assembly Of North Carolina Session 2019 incentives, service incentives, rebates, other forms of incentive compensation, or the withholding or chargeback of other compensation or support that a dealer would otherwise be eligible to receive, shall be stayed during the pendency of the determination by the Commissioner.
Upon the filing of a petition before the Commissioner under this subsection, any chargeback to or anypayment required of a recreational vehicle dealer by a warrantor or by a recreational vehicle manufacturer, factory branch, distributor, or distributor branch relating to warranty or recall parts or service compensation, or to sales Page 30 House Bill 848-Third Edition General Assembly Of North Carolina Session 2019 incentives, service incentives, rebates, other forms of incentive compensation, or the withholding or chargeback of other compensation or support that a dealer would otherwise be eligible to receive, shall be stayed during the pendency of the determination by the Commissioner.
provided a warrantor shall provide to a new recreational vehicle dealer a copy of any pending law suit or similar proceeding in which allegations are made that come within the provisions of this subsection within10daysafterreceivingsuchsuit.Notwithstandinganythingtothecontrary,this subsection shall continue to apply even after the new recreational vehicle is titled.
provided a warrantor shall provide to a new recreational vehicle dealer a copy of any pending law suit or similar proceeding in which allegations are made that come within the provisions of this subsection within10daysafterreceivingsuchsuit.Notwithstanding anythingtothecontrary,this subsection shall continue to apply even after the new recreational vehicle is titled.
(e) Anyrecreational vehiclethat has, at thetimeof deliveryto thedealer,anunreasonable amount of miles on its odometer, as determined by the dealer, may be subject to rejection by the dealer and reversion of the vehicle to the manufacturer or distributor.
(e) Anyrecreational vehiclethat has, at thetimeofdeliveryto thedealer,anunreasonable amount of miles on its odometer, as determined by the dealer, may be subject to rejection by the dealer and reversion of the vehicle to the manufacturer or distributor.
In no instance shall a dealer House Bill 848-Second Edition Page 31 General Assembly Of North Carolina Session 2019 deem an amount less than the distance between the dealer and the manufacturer's factory or a distributor's point of distribution, plus 100 miles, as unreasonable.
In no instance shall a dealer House Bill 848-Third Edition Page 31 General Assembly Of North Carolina Session 2019 deem an amount less than the distance between the dealer and the manufacturer's factory or a distributor's point of distribution, plus 100 miles, as unreasonable.
Page 32 House Bill 848-Second Edition General Assembly Of North Carolina Session 2019 The provisions of this Article shall be applicable to all franchises and contracts existing between recreational vehicle dealers and manufacturers, factory branches, and distributors at the time of its ratification, and to all such future franchises and contracts.
Page 32 House Bill 848-Third Edition General Assembly Of North Carolina Session 2019 The provisions of this Article shall be applicable to all franchises and contracts existing between recreational vehicle dealers and manufacturers, factory branches, and distributors at the time of its ratification, and to all such future franchises and contracts.
House Bill 848-Second Edition Page 33 General Assembly Of North Carolina Session 2019 (a) Anyperson who engages directlyor indirectlyin purposeful contacts within this State in connection with the offering or advertising for sale, or has business dealings, with respect to a new recreational vehicle sale within this State, shall be subject to the provisions of this Article and shall be subject to the jurisdiction of the courts of this State.
House Bill 848-Third Edition Page 33 General Assembly Of North Carolina Session 2019 (a) Anyperson who engages directlyor indirectlyin purposeful contacts within this State in connection with the offering or advertising for sale, or has business dealings, with respect to a new recreational vehicle sale within this State, shall be subject to the provisions of this Article and shall be subject to the jurisdiction of the courts of this State.
"(b) In order to assign or transfer title or interest in any motor vehicle registered under the provisions of this Article, the owner shall execute in the presence of a person authorized to administer oaths an assignment and warranty of title on the reverse of the certificate of title in Page 34 House Bill 848-Second Edition General Assembly Of North Carolina Session 2019 form approved by the Division, including in such assignment the name and address of the transferee;
"(b) In order to assign or transfer title or interest in any motor vehicle registered under the provisions of this Article, the owner shall execute in the presence of a person authorized to administer oaths an assignment and warranty of title on the reverse of the certificate of title in Page 34 House Bill 848-Third Edition General Assembly Of North Carolina Session 2019 form approved by the Division, including in such assignment the name and address of the transferee;
Noperson shall have a causeof actionagainst the Division orDivision contractors arising from the transfer of a vehicle by a sworn certification pursuant to this section.
Noperson shall have a causeof action against the Division orDivision contractors arising from the transfer of a vehicle by a sworn certification pursuant to this section.
The dealer may offer the vehicle for sale provided that the House Bill 848-Second Edition Page 35 General Assembly Of North Carolina Session 2019 purchaser is given written notice prior to sale that the dealer is not in possession of the manufacturer's statement of origin or certificate of title and that the purchaser may be entitled to liquidated damages pursuant to subsection (b) of this section if the dealer fails to deliver the manufacturer's statement of origin or certificate of title to the Division in accordance with this subsection.
The dealer may offer the vehicle for sale provided that the House Bill 848-Third Edition Page 35 General Assembly Of North Carolina Session 2019 purchaser is given written notice prior to sale that the dealer is not in possession of the manufacturer's statement of origin or certificate of title and that the purchaser may be entitled to liquidated damages pursuant to subsection (b) of this section if the dealer fails to deliver the manufacturer's statement of origin or certificate of title to the Division in accordance with this subsection.
Delivery need not be made Page 36 House Bill 848-Second Edition General Assembly Of North Carolina Session 2019 if the contract for sale has been rescinded in writing by all parties to the contract.
Delivery need not be made Page 36 House Bill 848-Third Edition General Assembly Of North Carolina Session 2019 if the contract for sale has been rescinded in writing by all parties to the contract.
20-63, except for the requirement that the plate displaythe registration number of a motor vehicle and the requirement House Bill 848-Second Edition Page 37 General Assembly Of North Carolina Session 2019 that the plate be a "First in Flight" plate, a "First in Freedom" plate, or a "National/State Mottos" plate.
20-63, except for the requirement that the plate displaythe registration number of a motor vehicle and the requirement House Bill 848-Third Edition Page 37 General Assembly Of North Carolina Session 2019 that the plate be a "First in Flight" plate, a "First in Freedom" plate, or a "National/State Mottos" plate.
(2) TheDivision suspends orrevokes thelicenseissued to thedealerunderArticle 12 or Article 19 of this Chapter.
(2) TheDivision suspendsorrevokes thelicenseissued to thedealerunderArticle 12 or Article 19 of this Chapter.
"(1) A person who applies, either directly or through a dealer licensed under Article 12 or Article 19 of this Chapter, for a title to a motor vehicle and a registration plate for the vehicle and who submits payment for the applicable title and registration fees but does not submit payment for any municipal Page 38 House Bill 848-Second Edition General Assembly Of North Carolina Session 2019 corporation property taxes on the vehicle.
"(1) A person who applies, either directly or through a dealer licensed under Article 12 or Article 19 of this Chapter, for a title to a motor vehicle and a registration plate for the vehicle and who submits payment for the applicable title and registration fees but does not submit payment for any municipal Page 38 House Bill 848-Third Edition General Assembly Of North Carolina Session 2019 corporation property taxes on the vehicle.
House Bill 848-Second Edition Page 39
House Bill 848-Third Edition Page 39
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Action History

  1. Regular Message Sent To Senate

  2. Regular Message Received From House

  3. Passed 1st Reading

  4. Ref To Com On Rules and Operations of the Senate

  5. Passed 2nd Reading

  6. Passed 3rd Reading

  7. Placed On Cal For 08/05/2019

  8. Reptd Fav Com Sub 2

  9. Cal Pursuant Rule 36(b)

  10. Reptd Fav

  11. Re-ref Com On Rules, Calendar, and Operations of the House

  12. Withdrawn From Com

  13. Re-ref to the Com on Finance, if favorable, Rules, Calendar, and Operations of the House

  14. Reptd Fav Com Substitute

  15. Re-ref Com On Rules, Calendar, and Operations of the House

  16. Passed 1st Reading

  17. Ref to the Com on Transportation, if favorable, Rules, Calendar, and Operations of the House

  18. Filed

Sponsors

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 178 not signed on

Sponsors (0)

None.

Co-sponsors (1)

Not signed on (178)

178 members have not signed on to this bill.

Show all 178 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Second Reading

Passed 115 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Democratic 24000
Republican 33002
Unaffiliated 56003
U 2000
Total 115005
% of votes cast 96%0%0%4%
How each member voted (120)
Member Party Vote
Autry — Yea
Beasley — Yea
Black — Yea
Brewer — Yea
Clemmons — Yea
Farmer-Butterfield — Yea
Fisher — Yea
Floyd — Yea
Gailliard — Yea
Garrison — Yea
Gill — Yea
Harris — Yea
Holley — Yea
Hunt — Yea
Hunter — Yea
Insko — Yea
Jackson — Yea
Lucas — Yea
Martin — Yea
Montgomery — Yea
Queen — Yea
Russell — Yea
Terry — Yea
vonHaefen — Yea
Wray — Yea
Boles — Yea
Bumgardner — Yea
Carter — Yea
Cleveland — Yea
Conrad — Yea
Davis — Yea
Dobson — Yea
Elmore — Yea
Faircloth — Yea
Fraley — Yea
Grange — Yea
Hardister — Yea
Horn — Yea
Hurley — Yea
L. Johnson — Yea
Lewis — Yea
McElraft — Yea
McGrady — Yea
McNeill — Yea
Moore — Yea
Murphy — Yea
Presnell — Yea
Rogers — Yea
Sasser — Yea
Speciale — Yea
Szoka — Yea
Yarborough — Yea
Zachary — Yea
Graham — Not Voting
Richardson — Not Voting
Saine — Not Voting
C. Smith — Yea
K. Smith — Yea
R. Smith — Yea
Allison A. Dahle Democratic Yea
Amos L. Quick, III Democratic Yea
Becky Carney Democratic Yea
Brandon Lofton Democratic Yea
Brian Turner Democratic Yea
Carolyn G. Logan Democratic Yea
Cecil Brockman Democratic Yea
Cynthia Ball Democratic Yea
Dante Pittman Democratic Yea
Deb Butler Democratic Yea
Eric Ager Democratic Yea
Gale Adcock Democratic Yea
Garland E. Pierce Democratic Yea
Graig Meyer Democratic Yea
Joe John Democratic Yea
Marcia Morey Democratic Yea
Mary Belk Democratic Yea
Pricey Harrison Democratic Yea
Robert T. Reives, II Democratic Yea
Shelly Willingham Democratic Yea
Sydney Batch Democratic Yea
Terence Everitt Democratic Yea
Tracy Clark Democratic Yea
Zack Hawkins Democratic Yea
Bobby Hanig Republican Yea
Brenden H. Jones Republican Yea
Chris Humphrey Republican Yea
Dean Arp Republican Yea
Dennis Riddell Republican Yea
Destin Hall Republican Yea
Donna McDowell White Republican Yea
Donny Lambeth Republican Yea
Edward C. Goodwin Republican Yea
Frank Iler Republican Yea
Harry Warren Republican Yea
Hugh Blackwell Republican Yea
Jake Johnson Republican Yea
Jay Adams Republican Yea
Jeffrey C. McNeely Republican Yea
Jimmy Dixon Republican Yea
John A. Torbett Republican Yea
John R. Bell, IV Republican Yea
John Sauls Republican Yea
Julia C. Howard Republican Yea
Keith Kidwell Republican Yea
Kelly E. Hastings Republican Not Voting
Kevin Corbin Republican Yea
Kyle Hall Republican Yea
Larry C. Strickland Republican Yea
Larry W. Potts Republican Yea
Lisa S. Barnes Republican Yea
Mark Brody Republican Yea
Mitchell S. Setzer Republican Yea
Phil Shepard Republican Yea
Sarah Stevens Republican Not Voting
Stephen M. Ross Republican Yea
Steve Jarvis Republican Yea
W. Ted Alexander Republican Yea
William D. Brisson Republican Yea
Carla D. Cunningham U Yea
Nasif Majeed U Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors HB 848?
HB 848 is sponsored by John A. Torbett (Republican).
What is the current status of HB 848?
This bill died with 2019-2020 Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 848?
Track HB 848 free on One Click Politics — get push/email alerts when it moves.

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