Mississippi 2023 Regular Session

Mississippi House Bill HB401

Introduced
1/11/23  
Refer
1/11/23  
Engrossed
1/12/23  
Refer
1/19/23  
Enrolled
3/7/23  

Caption

Mississippi Motor Vehicle Commission Law; revise certain provisions relating to a manufacturer's ownership of motor vehicle dealership.

Impact

The implications of HB 401 on state laws are significant as it redefines the boundaries of dealer-manufacturer relationships within Mississippi. By granting manufacturers the authority to control or own dealerships, the law potentially levels the playing field for innovative automotive models, including electric vehicles. It is expected to enhance competition and respond to changing market dynamics where traditional dealership frameworks may not adequately support new business models, particularly in the rapidly evolving automotive industry. However, it also raises questions about the impact on existing independent dealerships and their market competitiveness.

Summary

House Bill 401 aims to amend the Mississippi Motor Vehicle Commission Law, specifically Sections 63-17-75 and 63-17-109. The bill introduces exceptions that allow motor vehicle manufacturers the ability to own, operate, or control a dealership under certain conditions. This marks a shift in policy that could facilitate manufacturers entering the dealership market, addressing a gap that currently limits their involvement in retail sales of vehicles. The provisions clarify the criteria under which manufacturers can apply for dealership licenses, ensuring they meet specific operational and financial standards before obtaining such licenses.

Sentiment

The sentiment surrounding HB 401 is mixed, reflecting divergent perspectives within the automotive and legislative community. Supporters argue that the bill empowers manufacturers who may offer distinctive vehicle options and can improve customer experience through direct sales. On the other hand, critics express concerns about how this expansion could disrupt the livelihood of independent dealerships, potentially shifting market control towards larger manufacturers and eroding local business presence in the automotive sector. The debates depict a broader conflict between innovation and traditional business practices within the industry.

Contention

One notable point of contention within the discussions of HB 401 arises from the provision related to the right of first refusal. This aspect requires manufacturers to notify existing dealers of their intentions, creating a protective barrier for current operations while allowing for new ownership transitions within the framework. Critics argue that this could lead to complications in ownership transfers and may put pressure on current dealers. The balance between enabling manufacturer sales power and protecting local dealership interests remains a critical focal point of the legislation.

Companion Bills

No companion bills found.

Previously Filed As

MS SB2836

Motor vehicle dealership license requirements; revise certain provisions of.

MS HB833

Mississippi Motor Vehicle Commission Law; prohibit direct sales by manufacturers except as provided.

MS SB2455

Motor vehicle sales and distribution; provide for independence of dealership tier.

MS HB4379

Relating to the ownership or operation of a motor vehicle dealership by a manufacturer or distributor of motor vehicles.

MS SB303

Revises provisions relating to motor vehicles. (BDR 43-673)

MS HB1653

Relating to the ownership or operation of a motor vehicle dealership by certain manufacturers or distributors.

MS SB639

Relating to the ownership or operation of a motor vehicle dealership by certain manufacturers or distributors.

MS HB799

Relating to Motor Vehicles

MS SB2900

Motor vehicle titles; revise certain provisions regarding.

MS HB3271

Motor vehicles; modifying name of the Oklahoma Used Motor Vehicle and Parts Commission; modifying maximum number of certain employees for Commission; effective date.

Similar Bills

MS HB833

Mississippi Motor Vehicle Commission Law; prohibit direct sales by manufacturers except as provided.

MS SB2836

Motor vehicle dealership license requirements; revise certain provisions of.

MS SB2455

Motor vehicle sales and distribution; provide for independence of dealership tier.

VA HB2468

Dealership operation by manufacturer; determination of no independent dealer to operate franchise.

WV SB173

Modifying certain guidelines for motor vehicle dealers, distributors, wholesalers, and manufacturers

WV SB462

Modifying certain guidelines for motor vehicle dealers, distributors, wholesalers, and manufacturers

WV HB4560

Relating generally to motor vehicle dealers, distributors, wholesalers and manufacturers

KY HB150

AN ACT relating to motor vehicle dealers.