(HB 1179)
Motor vehicle manufacturers, franchisors and dealers, provisions revised.
Section
1.
That
§
32-6B-58
be amended to read as follows:
32-6B-58.
Every franchisor
or manufacturer
shall properly fulfill any warranty agreement and
compensate, as set forth in § 32-6B-61, each of its vehicle dealers for labor and parts. The
franchisor
or manufacturer
shall pay all claims made by a vehicle dealer for
such
the
labor and
parts within thirty days following their approval. The franchisor
or manufacturer
shall either
approve or disapprove the claim within thirty days after its receipt. If a claim is disapproved, the
vehicle dealer who submitted
it
the claim
shall be notified in writing of its disapproval within the
thirty-day period. Any claim rejected for technical reasons may be put into proper form by the
vehicle
dealer
and
. Any claim
resubmitted by the
vehicle
dealer within thirty days after the receipt
of the claim shall be considered to be approved and payment shall be made within thirty days. The
franchisor
or manufacturer
has the right to audit
the
vehicle dealer
claims for one year after
payment and to charge back to the new vehicle dealer the amount of any unsubstantiated claim.
If there is evidence of fraud by the
vehicle
dealer, the audit period
shall be
is
two years from the
actual or constructive notice of facts constituting the
alleged
fraud.
Section
2.
That
§
32-6B-69
be amended to read as follows:
32-6B-69.
A
No
franchisor may
not
modify a franchise during the terms of the franchise or
upon its renewal if the modification would substantially and adversely affect the
vehicle
dealer's
rights, obligations, investment, or return on investment without giving at least
thirty
sixty
days
notice of the proposed modification to the
vehicle
dealer unless the change is required by law.
Within the
thirty-day
sixty-day
period, the
vehicle
dealer may file an objection requesting a
determination of whether good cause exists for permitting the proposed modification with the
Department of Revenue and Regulation and serve notice on the franchisor. The department shall
promptly schedule a hearing to be held under the provisions of chapter 1-26 and decide the matter
within
sixty
ninety
days from the date the protest is filed. Multiple protests pertaining to the same
proposed modification shall be consolidated for hearing.
The
No
proposed modification may
not
take effect with respect to the protesting
vehicle
dealer's franchise pending the determination of
the matter. The written notice shall contain on the first page thereof a conspicuous statement which
reads substantially as follows: "NOTICE TO DEALER: YOU MAY BE ENTITLED TO FILE A
PROTEST WITH THE SOUTH DAKOTA DEPARTMENT OF REVENUE AND
REGULATION IN PIERRE, SOUTH DAKOTA, AND HAVE A HEARING IN WHICH YOU
MAY PROTEST THE PROPOSED MODIFICATION OR REPLACEMENT OF YOUR
FRANCHISE WITH A SUCCEEDING FRANCHISE UNDER THE TERMS OF SOUTH
DAKOTA LAW IF YOU OPPOSE THIS ACTION."
Section
3.
That
§
32-6B-84
be amended to read as follows:
32-6B-84.
Notwithstanding the terms of any franchise
agreements
, the manufacturer or
franchisor may exercise a right of first refusal to acquire the
motor
vehicle dealer's assets or
ownership if all of the following conditions are met: