Oklahoma 2024 Regular Session

Oklahoma House Bill HB3970

Introduced
2/5/24  
Refer
2/6/24  
Refer
2/15/24  
Report Pass
2/22/24  
Engrossed
3/11/24  
Refer
3/19/24  
Report Pass
4/1/24  
Enrolled
4/17/24  

Caption

Contracts; Fair Practices of Equipment Manufacturers, Distributors, Wholesalers and Dealers Act; equipment definition; excluding fixtures and related repair parts; effective date.

Impact

The implications of HB 3970 are significant as it aims to reform aspects of equipment distribution and dealer operations in Oklahoma. By defining specific terms and conditions under which dealer agreements operate, the bill could alter the landscape of equipment sales and potentially increase competition. Moreover, by clarifying the definitions, it seeks to prevent potential misunderstandings that could lead to disputes between manufacturers and dealers. If enacted, the changes could also encourage more equitable practices among equipment distributors, ensuring that smaller dealers are not disadvantageously treated in comparison to larger operations.

Summary

House Bill 3970 aims to amend the Fair Practices of Equipment Manufacturers, Distributors, Wholesalers and Dealers Act by modifying the definition of 'equipment' to exclude fixtures and associated repair parts. This bill emphasizes the operational framework of dealer agreements within the agricultural and construction equipment sectors. By clarifying the definition of equipment, it seeks to ensure that all stakeholders—manufacturers, dealers, and wholesalers—have a better understanding of their rights and responsibilities. It appears to be a legislative response to ongoing disputes regarding dealer contracts and the interpretation of equipment definitions in commercial practices.

Sentiment

The sentiment surrounding HB 3970 appears predominantly positive among supporters within the agricultural and equipment industries, as they see it as a means to bring clarity and fairness to dealer agreements. Advocates argue that the legislation is essential for fostering better commercial relationships and ensuring compliance with fair practices in the marketplace. However, there may also be some concerns among stakeholders who fear that the changes might inadvertently benefit larger dealers at the expense of smaller, independent ones. Overall, the debate around the bill indicates a shared goal of improving industry standards, albeit with lingering concerns about equity.

Contention

Key points of contention may arise regarding how the definitions of equipment and the clarifications in dealer agreements affect existing relationships within the industry. Smaller dealers might argue that certain amendments could give undue advantage to larger suppliers that have more negotiating power. Moreover, as the bill defines 'equipment' with exclusions, questions may emerge about what constitutes fair treatment in contractual obligations between various players in the industry, especially if they find themselves at odds with the definitions set forth in the bill.

Companion Bills

No companion bills found.

Previously Filed As

OK HB2244

Motor vehicles; dealer management providers; protected dealer data; data management system; effective date.

OK SB593

Motor vehicles; prohibiting manufacturer from denying a claim or implementing chargeback against auto dealer for failure of purchaser of new car to comply with title and registration law. Effective date.

OK HB1955

Revenue and taxation; sales tax; groceries; definitions; zero rate; local sales tax; effective date; emergency.

OK HB2316

Revenue and taxation; sales tax; definitions; occasional sales; effective date; emergency.

OK SB1068

Sales tax; providing exemption for certain custom order manufacturers. Effective date.

OK HB2291

Motor vehicles; requiring permit for the movement of certain farm equipment on certain roads and highways; effective date.

OK HB2853

Health care; creating the Oklahoma Rebate Pass-Through and PBM Meaningful Transparency Act of 2023; definitions; requirements; effective date.

OK HB2861

Oklahoma Housing Authority Act; definitions; effective date.

OK HB1328

Crimes and punishments; providing for the seizure and forfeiture of equipment or instrumentalities used in the commission of certain criminal offenses; effective date.

OK HB1386

Children; definitions; term; effective date.

Similar Bills

TX HB4810

Relating to transactions involving dealer agreements under the Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act

MS HB1600

Beer Industry Fair Dealing Act; bring forward.

OK SB377

Equipment contracts; modifying definitions; modifying certain prohibited actions; modifying certain consent requirements. Effective date.

OH HB288

Require construction project owners to timely pay contractors

OH HB203

Require private construction project owner timely pay contractors

KS HB2334

Extending the deadline for project agreements under the attracting powerful economic expansion act, enhancing incentives for qualified suppliers and adding a new employee relocation reimbursement incentive for qualified suppliers, limiting the corporate income tax rate reduction provision to two rate reductions and permitting qualified firms and qualified suppliers to participate in other economic development programs for new projects.

IN SB0466

Communications infrastructure in utility easement.

IN HB1429

Communications infrastructure in utility easement.