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ENGROSSED SENATE
BILL NO. 604 By: Gollihare of the Senate
and
Dobrinski of the House
An Act relating to motor vehicles; amending 47 O.S.
2021, Sections 562 and 564, as last amended by
Sections 2 and 4, Chapter 240, O.S.L. 2024 (47 O.S.
Supp. 2024, Sections 562 and 564), which relate to
definitions and licenses; modifying definitions;
defining terms; modifying list of entities requiring
licensure; removing certain exception; amending
Section 1, Chapter 29, O.S.L. 2023 (47 O.S. Supp.
2024, Section 564.3), which relates to dealer
management system providers; modifying definitions;
requiring certain commercially reasonable data
security standards; modifying entities not liable for
certain actions; modifying entities required to
provide certain indemni fication; prohibiting certain
actions by certain entities; defining certain term;
amending 47 O.S. 2021, Section 565, as last amended
by Section 7, Chapter 240, O.S.L. 2024 (47 O.S. Supp.
2024, Section 565), which relates to the denial,
revocation, or suspension of license; modifying
reasons for which a license may be denied, revoked,
or suspended; defining term; removing language
requiring certain dealer compliance; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 562, as last
amended by Section 2, Chapter 240, O.S.L. 2024 (47 O.S. Supp. 2024,
Section 562), is amended to read as follows:
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Section 562. The following words, terms, and phrases, when used
in Sections 561 through 567, 572, 578.1, 579, and 579.1 of this
title, shall have the meanings respectively ascribed to them in this
section, except where the context clearly indicates a diff erent
meaning:
1. “Motor vehicle” means any motor-driven vehicle required to
be registered under the Oklahoma Vehicle License and Registration
Act. The term motor vehicle does not include:
a. recreational vehicles, as defined in the Recreational
Vehicle Franchise Act, or
b. powersport vehicles;
2. “New motor vehicle dealer” means any person, firm,
association, corporation, or trust not excluded by this paragraph
who sells, offers for sale, advertises to sell, receives deposits
for vehicles, leases, or displays new motor vehicles and holds a
bona fide contract or franchise in effect with a manufacturer or
distributor authorized by the manufacturer to make predelivery
preparation of such vehicles sold to purchasers and to perform post -
sale work pursuant to the manufacturer ’s or distributor’s warranty.
As used herein, “authorized predelivery preparation ” means the
rendition by the dealer of services and safety adjustments on each
new motor vehicle in accordance with the procedure and safety
standards required by the manufacturer of the vehicle to be made
before its delivery to the purchaser. “Performance of authorized
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post-sale work pursuant to the warranty ”, as used herein, means the
rendition of services which are required by the terms of the
warranty that stands extended to the vehicle at the time of its sale
and are to be made in accordance with the safety standards
prescribed by the manufacturer. The term includes premises or
facilities at which a person engages only in the repair of motor
vehicles if repairs are performed pursuant to the terms of a
franchise and motor vehicle manufacturer ’s warranty. For the
purpose of Sections 561 through 567, 572, 578.1, 579, and 579.1 of
this title, the terms new motor vehicle dealer and “new motor
vehicle dealership” shall be synonymous. The term new motor vehicle
dealer does not include:
a. receivers, trustees, administrators, executors,
guardians, or other persons appointed by or acting
under judgment or order of any court,
b. public officers while performing or in operation of
their duties,
c. employees of persons, corp orations, or associations
enumerated in subparagraph a of this paragraph when
engaged in the specific performance of their duties as
such employees, or
d. a powersports vehicle dealer;
3. “Motor vehicle salesperson ” means any person, resident or
nonresident, who, for gain or compensation of any kind, either
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directly or indirectly, regularly or occasionally, by any form of
agreement or arrangement, sells or negotiates for the sale, lease,
or conveyance or arranges the financing of any new motor vehicle or
powersports vehicle as an employee for any new motor vehicle dealer
or powersports dealer to any one or more third parties;
4. “Commission” means the Oklahoma New Motor Vehicle
Commission;
5. “Manufacturer” means any person, firm, association,
corporation, or partnership, trust, joint venture, or common entity
thereof, resident or nonresident, that manufactures or assembles new
and unused motor vehicles or new and unused powersport vehicles or
that engages in the fabrication or assembly of motorized vehicl es of
a type required to be registered in this state;
6. “Distributor” means any person, firm, association,
corporation, or partnership, trust, joint venture, or common entity
thereof, resident or nonresident, that, being authorized by the
original manufacturer, in whole or in part sells or distributes new
and unused motor vehicles to new motor vehicle dealers or powersport
dealers, or that maintains distributor representatives;
7. “Factory branch” means any branch office maintained by a
person, firm, association, corporation, or partnership, trust, joint
venture, or common entity thereof that manufactures or assembles
motor vehicles or powersport vehicles for the sale of motor vehicles
or powersport vehicles to distributors, or for the sale of motor
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vehicles to new motor vehicle dealers, or for the sale of powersport
vehicles to new powersport vehicle dealers, or for directing or
supervising, in whole or in part, its representatives;
8. “Distributor branch” means any branch office similarly
maintained by a distributor for the same purposes a factory branch
is maintained;
9. “Factory representative ” means any officer or agent engaged
as a representative of a manufacturer of motor vehicles or
powersport vehicles or by a factory branch, for the purpose of
making or promoting the sale of its motor vehicles or powersport
vehicles, or for supervising or contacting its dealers or
prospective dealers;
10. “Distributor representative ” means any person, fir m,
association, corporation, or partnership, trust, joint venture, or
common entity thereof, and each officer and employee thereof engaged
as a representative of a distributor or distributor branch of motor
vehicles or powersport vehicles, for the purpose of making or
promoting the sale of its motor vehicles or po wersport vehicles, or
for supervising or contacting its dealers or prospective dealers;
11. “Franchise” means any contract or agreement between a new
motor vehicle dealer or a powersports vehicle dealer and a
manufacturer of a new motor vehicle or powersp orts vehicle or its
distributor or factory branch by which the new motor vehicle dealer
or new powersports vehicle dealer is authorized to engage in the
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activities of a new motor vehicle dealer or new powersports vehicle
dealer as defined by this section;
12. “New or unused motor vehicle ” means a vehicle which is in
the possession of the manufacturer or distributor or has been sold
only to the holder of a valid franchise granted by the manufacturer
or distributor for the sale of that make of new vehicle so long as
the manufacturer’s statement of origin has not been assigned to
anyone other than a licensed franchised new motor vehicle dealer of
the same line-make;
13. “Area of responsibility ” means the geographical area, as
designated by the manufacturer, f actory branch, factory
representative, distributor, distributor branch, or distributor
representative, in which the new motor vehicle dealer or powersports
dealer is held responsible for the promot ion and development of
sales and rendering of service for t he make of motor vehicle or
powersports vehicle for which the new motor vehicle dealer or new
powersports vehicle dealer holds a franchise or selling agreement;
14. “Off premises” means at a location other than the address
designated on the new motor vehi cle dealer’s or new powersports
vehicle dealer’s license;
15. “Sponsoring entity” means any person, firm, association,
corporation, or trust which has control, either permanently or
temporarily, over the real property upon which the off -premises sale
or display is conducted;
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16. “Product” means new motor vehicles and new motor vehicle
parts or new powersports vehicle and new powersports vehicle parts;
17. “Service” means motor vehicle or powersports vehicle
warranty repairs including both parts and labor ;
18. “Lead” means a consumer contact in response to a factory
program designed to generate interest in purchasing or leasing a new
motor vehicle or new powersports vehicle;
19. “Sell” or “sale” means to sell or lease;
20. “Factory” means a manufacturer , distributor, factory
branch, distributor branch ,; any common entity of a manufacturer,
distributor, factory branch, or distributor branch; or factory
representative, or distributor representative, which manufactures or
distributes vehicle products;
21. “Powersports vehicle” means any new or unused motorcycles,
scooters, mopeds, all -terrain vehicles, and utility vehicles
required to be registered under the Oklahoma Vehicle License and
Registration Act, with the exception of all -terrain vehicles,
utility vehicles, and motorcycles used exclusively for off -road use
which are sold by a retail implement dealer;
22. “Powersports vehicle dealer ” means any person, firm, or
corporation, resident or nonresident, that is in the business of
selling any new powersport s vehicles except for retail implement
dealers;
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23. “Retail implement dealer ” means a business engaged
primarily in the sale of farm tractors as defined in Section 1 -118
of this title or implement s of husbandry as defined in Section 1 -125
of this title or a combination thereof and is exempt from licensing
by the Commission for the sale of all -terrain vehicles, utility
vehicles, and motorcycles used exclusively for off -road use;
24. “Consumer data” means nonpublic personal information as
defined in 15 U.S.C., Section 6809(4) as it existed on January 1,
2023, that is:
a. collected by a new motor vehicle dealer, and
b. provided by the new motor vehicle dealer directly to a
manufacturer or third party acting on behalf of a
manufacturer.
The term shall not incl ude the same or similar data obtained by
a manufacturer from any source other than the new motor vehicle
dealer or new motor vehicle dealer ’s data management system; and
25. “Fleet vehicle” means a new motor vehicle sold and titled
or registered to a busi ness and used for business purposes only ; and
26. a. “Common entity” means any person, firm, association,
corporation, partnership, trust, or joint venture
acting as a new motor vehicle dealer which:
(1) is directly or indirectly controlled by or has
more than thirty percent (30%) of its equity
interest directly or indirectly owned,
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beneficially or of record, through any form of
ownership structure, by a factory, manufacturer,
manufacturer branch, distributor, or distributor
branch, or
(2) has more than thirty percent (30%) of its equity
interest directly or indirectly controlled or
owned, beneficially or of record, through any
form of ownership structure, by one or more
persons who also directly or indirectly control
or own, beneficially or of record, more than
thirty percent (30%) of the equity interests of
the factory, manufacturer, manufacturer branch,
distributor, or distributor branch.
b. An entity that would otherwise be considered a common
entity of a distributor as provided in division 1 or 2
of subparagraph a of this paragraph because of its
relation to a distributor is not considered a common
entity of that distributor if:
(1) the distributor to which the entity is related
was a licensed distributor on March 1, 2025,
(2) the entity is not a common e ntity of a
manufacturer or an importer, and
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(3) the distributor to which the entity is related is
not, and has never been, a common entity of a
manufacturer or an importer .
SECTION 2. AMENDATORY 47 O.S. 2021, Section 564, as last
amended by Section 4, Chapter 240, O.S.L. 2024 (47 O.S. Supp. 2024,
Section 564), is amended to read as follows:
Section 564. A. It shall be unlawful for any person, firm,
association, corporatio n, or partnership, trust, joint venture, or
common entity thereof, to engage in business as, or serve in the
capacity of, or act as a new motor vehicle dealer, powersports
dealer, or manufacturer or distributor of new motor vehicles or
powersports vehicles, or factory branch, distributor branch or
factory representative or distributor representative, as defined in
Section 562 of this title, in this state without first obtaining a
license therefor as provided for by law. Any person, firm,
association, corporation, or partnership, trust, joint venture, or
common entity thereof, engaging in more than one of such capacities
or having more than one place where such business is carried on or
conducted in this state shall be required to obtain and hold a
current license for each thereof. Provided that, a new motor
vehicle dealer’s license shall authorize one person to sell in the
event such person shall be the owner of a proprietorship, or the
person designated as principal in the dealer ’s franchise or the
managing officer or one partner if no principal person is named in
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the franchise. It is further provided that a factory or an entity
affiliated by any ownership or control by the factory shall not be
permitted to engage in the activities of a new motor vehicle dealer
as defined in Section 562 of this title or be licensed as a new
motor vehicle dealer in this state, except as provided by
subparagraph b of paragraph 12 of Section 565 of this title.
B. Applications for licenses required to be obtained under the
provisions of Section 561 et seq. of this title shall be verif ied by
the oath or affirmation of the applicant and shall be on forms
prescribed by the Oklahoma New Motor Vehicle Commission and
furnished to the applicants, and shall contain information as the
Commission deems necessary to enable it to fully determine t he
qualifications and eligibility of the several applicants to receive
the license or licenses applied for. The Commission shall require
in such application, or otherwise, information relating to the
applicant’s current financial standing, the applicant ’s business
integrity, whether the applicant has an established place of
business and is primarily engaged in the pursuit, avocation, or
business for which a license, or licenses, are applied for, and
whether the applicant is able to properly conduct the bus iness for
which a license, or licenses, are applied for, and such other
pertinent information consistent with the safeguarding of the public
interest and the public welfare. All applications for l icense or
licenses shall be accompanied by the appropriate fee or fees
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therefor in accordance with the schedule thereof hereinafter set
out. In the event any application is denied and the license applied
for is not issued, the entire license fee shall be returned to the
applicant. All licenses issued under the p rovisions of Section 561
et seq. of this title shall expire on June 30, following the date of
issue and shall be nontransferable. All applications for renewal of
a license for a new motor vehicle dealer, powersports dealer,
manufacturer, distributor, or m anufacturer’s or distributor’s
representative shall be submitted by June 1 of each year, and such
license or licenses will be issued by July 1. If applications have
not been made for renewal of licenses at the times described in this
subsection, it shall be illegal for any person to represent himself
or herself and act as a dealer, manufacturer, distributor, or
manufacturer’s or distributor’s representative. Service Oklahoma
and licensed operators will be notified not to accept such dealers ’
titles until such time as licenses have been issued by the
Commission.
C. The schedule of license fees to be charged and received by
the Commission for the licenses issued hereunder shall be as
follows:
1. For each factory branch or distributor branch, Four Hundred
Dollars ($400.00) initial fee with annual renewal fee of Three
Hundred Dollars ($300.00);
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2. For each manufacturer or distributor of new motor vehicles
or new powersport vehicles, Four Hundred Doll ars ($400.00) initial
fee with annual renewal fee of Three Hundred Dollars ($300.00);
3. For each factory representative or distributor
representative, One Hundred Dollars ($100.00) annually;
4. For each new motor vehicle dealer, except powersports
vehicle dealers, initial fee of Three Hundred Dollars ($300.00) per
franchise sold at each location licensed, with an annual renewal fee
of One Hundred Dollars ($100.00) per franchise sold at each location
licensed per year; and
5. For each powersports vehicle dealer, initial fee of Three
Hundred Dollars ($300.00) per manufacturer represented by the dealer
at each location licensed, with an annual renewal fee of One Hundred
Dollars ($100.00) per manufacturer represented by the dealer at each
location licensed per year.
D. The licenses issued to each new motor vehicle dealer, new
powersports vehicle dealer, manufacturer, distributor, factory
branch, or distributor branch shall specify the location of the
factory, office, or branch thereof. In case such location is
changed, the Commission may endorse the change of locat ion on the
license without charge unless the change of address triggers a
relocation of a new motor vehicle dealer or new powersports vehicle
dealer pursuant to the provisions of Section 578.1 of this title.
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The licenses of each new vehicle dealer shall b e posted in a
conspicuous place in the dealer ’s place or places of business.
Every motor vehicle factory representative or distributor
representative shall physically possess the license when engag ed in
business and shall display such upon request. The na me of the
employer of such factory representative or distributor
representative shall be stated on the license.
E. The new powersports dealer license shall only allow the sale
of the specific types of powersports vehicles authorized by the
manufacturer and agreed to by the powersports dealer.
SECTION 3. AMENDATORY Section 1, Chapter 29, O.S.L. 2023
(47 O.S. Supp. 2024, Section 564.3), is amended to read as follows:
Section 564.3. A. As used in this section:
1. “Access fee” means a requirement to pay money for access to
protected dealer data that is in addition to an amount specified in
a written and executed contract for goods and services ;
2. “Authorized integrator ” means a person who a dealer has a
contractual relationship wi th or the dealer otherwise gives express
written authorization to have access to protected dealer data stored
on a dealer data system or to write protected dealer data to the
dealer data system for the purpose of performing a specific function
for the dealer;
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3. “Dealer data system” means software, hardware, or firmware
that a dealer leases or rents from a dealer management system
provider for the purpose of storing protected dealer data;
4. “Dealer management system provider ” means a person who, for
compensation, maintains and provides access to a dealer data system
in which a dealer stores protected dealer data;
5. “Protected dealer data ” means:
a. consumer data that a dealer generated or that t he
consumer provided to the dealer that is not otherwise
publicly available and the consumer has not otherwise
provided consent or acknowledgment to share the
information, and
b. any other dealer data in connection with the dealer ’s
daily business operations in which a dealer has rights
in a dealer data system; an d
6. Authorized integrator and dealer management system provider
do not include:
a. a manufacturer, distributor, importer, factory or any
entity that is a subsidiary or affiliate of, or acts
on behalf of, a manufacturer, distributor, or importer
factory, including any subsidiary or affiliate of a
factory, or
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b. a governmental body or other person that is acting in
accordance with federal, state, or local law, or a
valid court order.
B. A dealer management system provider may:
1. Condition access and abil ity of a dealer or authorized
integrator to receive, share, copy, use, write, or transmit
protected dealer data from or to a dealer data system on the
dealer’s or authorized integrator ’s compliance with commercially
reasonable data security standards;
2. Require an authorized integrator to have express written
authorization from a dealer before allowing the authorized
integrator to gain access to, receive, share, copy, use, or transmit
protected dealer data; and
3. Deny access to a dealer data system to a dealer if the
dealer fails to pay an amount due to the dealer management system
provider under a lease, contract, or other agreement concerning the
dealer’s access to or use of the dealer data sys tem.
C. Except as provided in subsection B of this section , a dealer
management system provider shall not take any action that would
limit or prohibit the ability of a dealer or an authorized
integrator to receive, protect, store, copy, share, or use protected
dealer data using means that include, but are not lim ited to:
1. Imposing an access fee on a dealer or authorized integrator;
and
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2. Restricting a dealer or an authorized integrator from
sharing protected dealer data or writing data or having acces s to a
dealer data system. Prohibited restrictions pursuan t to this
paragraph include, but are not limited to:
a. limits on the scope or nature of protected dealer data
to which a dealer or authorized integrator has access
or may share or write to a dealer data system, and
b. a requirement for a dealer or authori zed integrator to
provide sensitive or confidential business information
or information that a dealer or authorized integrator
uses for competitive purposes in return for access to
protected dealer data or an authorization to share or
write protected deale r data to a dealer data system.
D. Except as otherwise provided in this section, any term or
condition of a contract with a dealer management system provider
that conflicts with the requirements set forth in subsection C of
this section is void and unenfo rceable to the extent of the
conflict.
E. An authorized integrator shall:
1. Obtain express written authorization from a dealer before
gaining access to, receiving, sharing, copying, using, writi ng, or
transmitting protected dealer data;
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2. Comply with security standards in gaining access to,
receiving, sharing, copying, using, writing, or transmitting
protected dealer data; and
3. Allow a dealer to withdraw, revoke, or amend any express
written authorization the dealer provides under paragraph 1 of thi s
subsection:
a. at the sole discretion of the dealer, if the dealer
gives a thirty-day prior notice to an authorized
integrator, or
b. immediately, for good cause.
F. 1. This section does not pr event a dealer, a dealer
management system provider, or an authorized integrator from
discharging the obligations of a dealer, dealer management system
provider, or of an authorized integrator under federal, state, or
local law to secure and prevent unauthorized access to protected
dealer data, or from limiting th e scope of the obligations, in
accordance with federal, state, or local law.
2. A dealer management system provider is not liable for any
action that a dealer takes directly with respect to securi ng or
preventing unauthorized access to protected dealer da ta, or for
actions that an authorized integrator takes in appropriately
following the written instructions of the dealer for securing or
preventing unauthorized access to protected dealer data, to the
extent that the actions prevent the dealer management s ystem
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provider from meeting a legal obligation to secure or prevent
unauthorized access to protected dealer data.
3. A dealer is not liable for any action that an authorized
integrator takes direc tly with respect to securing or preventing
unauthorized access to protected dealer data, or for actions that
the authorized integrator takes in appropriately following the
written instructions of the dealer for securing or preventing
unauthorized access to protected dealer data, to the extent that the
actions prevent the dealer from meeting a legal obligation to secure
or prevent unauthorized access to protected dealer data.
4. An authorized integrator is not liable for any action that a
dealer takes directly with respect to securing or preventing
unauthorized access to protected dealer data, or for actions that
the dealer takes in appropriately following the written instructions
of the authorized integrator for securing or preventing unauthorized
access to protected dealer data, to the extent that the actions
prevent the authorized integrator from meeting a legal obligation to
secure or prevent unauthorized access to protected dealer data.
5. A manufacturer, distributor, importer, factory or any entity
that is a subsidiary or affiliate of, or acts on behalf of, a
manufacturer, distributor, or importer factory, including any
subsidiary or affiliate of a factory, is not liable for any action
that a dealer, dealer management system provider, authorized
integrator, or other third party, except for a third party who the
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manufacturer has provided the data to as provided for in paragraph 7
of this subsection, takes directly with respect to securing or
preventing unauthorized access to protected dealer data or for
actions that an authorized integrator, dealer management sys tem
provider, or other third party takes in appropriately following the
written instructions of the dealer for securing or preventing
unauthorized access to protected dealer data.
6. Notwithstanding any other agreement, an authorized
integrator shall inde mnify and hold the new motor vehicle dealer
harmless from any third -party claims asserted against or damages
incurred by the new motor vehicle dealer to the extent caused by
access to, use of, or d isclosure of consumer data in violation of
this section.
7. Notwithstanding any other agreement, a manufacturer,
distributor, importer, factory or any entity that is a subsidiary or
affiliate of, or acts on behalf of, a manufacturer, distributor, or
importer factory, including any subsidiary or affiliate of a
factory, shall indemnify the dealer for any third -party claims
asserted against or damages incurred by the dealer to the extent the
claims or damages are caused by the access to and unlawful
disclosure of protected dealer data resulting from a breach caused
by the manufacturer or distributor or a third party to which the
manufacturer or distributor has provided the protected dealer data
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in violation of this section, the written consent granted by the
dealer, or other applicable state or federal law.
G. A factory or any entity that acts on behalf of a factory
shall not prohibit an authorized integrator that has satisfied, or
is compliant with, commercially reasonable data security standards
and that the dealer has identified as one of its authorized
integrators from integrating into the dealer ’s dealer data system or
place an unreasonable restriction on integration by an authorized
integrator or other third party that the dealer wishes to be an
authorized integrator. For the purposes of this subsection,
“unreasonable restriction” includes:
1. Imposing an access fee on a dealer or authorized integrator;
however, a franchisor or third party may charge a franchise or
authorized integrator for actual costs associated with modifications
to a franchisor’s electronic systems to enable a secure interface
with the authorized integrator ’s system and software;
2. An unreasonable limitation or condition on the scope or
nature of the data that is shared with an authorized integrator;
3. An unreasonable limitation on the ab ility of the authorized
integrator to write data to a dealer data system;
4. An unreasonable limitation or condition on an authorized
integrator that accesses or shares protected dealer data or th at
writes data to a dealer data system; and
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5. Requiring unreasonable access to an authorized integrator ’s
sensitive, competitive, or other confidential business information
as a condition for accessing protected dealer data or sharing
protected dealer data with an authorized integrator.
Notwithstanding paragraph 1 of this subsection, a factory or entity
that acts on behalf of a factory, including any subsidiary or
affiliate of a factory, may charge a motor vehicle dealer or
authorized integrator for costs associated with modifications to a
franchisor’s electronic systems to enable a functional and secure
interface with the authorized integrator ’s system and software.
SECTION 4. AMENDATORY 47 O.S. 2021, Section 565, as last
amended by Section 7, Chapter 240, O.S.L. 2024 (47 O.S. Supp. 2024 ,
Section 565), is amended to read as follows:
Section 565. A. The Oklahoma New Motor Vehicle Commission may
deny an application for a license, revoke or suspend a license, or
impose a fine against any person or entity, not to exceed Ten
Thousand Dollars ($10,000.00) per occurrence, that violates any
provision of Sections 561 through 567, 572, 578.1, 579, and 579.1 of
this title or for any of the following reasons:
1. On satisfactory proof of unfitness of the applicant in any
application for any license under the provisions of Section 561 et
seq. of this title;
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2. For any material misstatement made by an applicant in any
application for any license under the provisions of Section 561 et
seq. of this title;
3. For any failure to comply with any provision of Section 561
et seq. of this title or any rule promulgated by the Commission
under authority vested in it by Section 561 et seq. of this title;
4. A change of condition after license is granted resulting in
failure to maintain the qualifications for li cense;
5. Being a new motor vehicle dealer or new powersports vehicle
dealer who:
a. has required a purchaser of a new motor vehicle or new
powersports vehicle, as a condition of sale and
delivery thereof, to also purchase special features,
appliances, accessories, or equipment not desired or
requested by the purchaser and installed by the new
motor vehicle dealer or new powersports vehicle
dealer,
b. uses any false or misleading advertising in connection
with business as a new motor vehicle dealer or new
powersports vehicle dealer,
c. has committed any unlawful act which resulted in the
revocation of any similar license in another state,
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d. has failed or refused to perform any written agreement
with any retail buyer involving the sale of a motor
vehicle or powersports vehicle,
e. has been convicted of a felony crime that
substantially relates to the occupation of a new motor
vehicle dealer or new powersports vehicle dealer and
poses a reasonable threat to public safety,
f. has committed a fraudulent act in selling, purchasing,
or otherwise dealing in new motor vehicles or new
powersports vehicles or has misrepresented the terms
and conditions of a sale, purchase or contract for
sale or purchase of a new motor vehicle or new
powersports vehicle or any interes t therein including
an option to purchase such vehicle,
g. has failed to meet or maintain the conditions and
requirements necessary to qualify for the issuance of
a license, or
h. completes any sale or transaction of an extended
service contract, extended maintenance plan, or
similar product using contract forms that do not
conspicuously disclose the identity of the service
contract provider;
6. Being a new motor vehicle salesperson who is not empl oyed as
such by a licensed new motor vehicle dealer;
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7. Being a new motor vehicle dealer or new powersports vehicle
dealer who:
a. does not have an established place of business,
b. does not provide for a suitable repair shop separate
from the display room with ample space to repair or
recondition one or more veh icles at the same time, and
which is staffed with properly trained and qualified
repair technicians and is equipped with such parts,
tools, and equipment as may be requisite for the
servicing of motor vehicles in such a manner as to
make them comply with t he safety laws of this state
and to properly fulfill the dealer ’s or manufacturer’s
warranty obligation,
c. does not hold a franchise in effect with a
manufacturer or distributor of new or unused vehicles
for the sale of the same and is not authorized by t he
manufacturer or distributor to render predelivery
preparation of such vehicles sold to purchasers and to
perform any authorized post -sale work pursuant to the
manufacturer’s or distributor’s warranty,
d. employs or utilizes the services of used motor ve hicle
lots or dealers or other unlicensed persons or
unregistered persons in connection with the sale of
new vehicles,
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e. does not properly service a new motor vehicle or new
powersports vehicle before delivery of same to the
original purchaser thereof, or
f. fails to order and stock a reasonable number of new
motor vehicles necessary to meet consumer demand for
each of the new motor vehicles included in the new
motor vehicle dealer ’s franchise agreement, unless the
new motor vehicles are not readily availa ble from the
manufacturer or distributor due to limited production;
8. Being a factory that has:
a. either induced or attempted to induce by means of
coercion or intimidation, any new motor vehicle dealer
or powersports vehicle dealer:
(1) to accept delivery of any vehicle or vehicles,
parts, or accessories therefor, or any other
commodities including advertising material which
shall not have been ordered by the new motor
vehicle dealer,
(2) to order or accept delivery of any motor vehicle
or powersports vehicle with special features,
appliances, accessories, or equipment not
included in the list price of the vehicles as
publicly advertised by the manufacturer thereof,
or
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(3) to order or accept delivery of any parts,
accessories, equipment, machinery, tools ,
appliances, or any commodity whatsoever,
b. induced under threat or discrimination by the
withholding from delivery to a new motor vehicle
dealer or new powersports vehicle dealer certain
models of motor vehicles, changing or amending
unilaterally the new motor vehicle dealer ’s allotment
of motor vehicles, and/or withholding and delaying
delivery of the vehicles out of the ordinary course of
business, in order to induce by such coercion any new
motor vehicle dealer or new powersports vehicle dealer
to participate or contribute to any local or national
advertising fund controlled directly or indirectly by
the factory or for any other purposes such as contest,
“giveaways”, or other so-called sales promotional
devices, and/or change of quotas in any sales con test;
or has required new motor vehicle dealers, as a
condition to receiving their vehicle allotment, to
order a certain percentage of the vehicles with
optional equipment not specified by the dealer;
however, nothing in this section shall prohibit a
factory from supporting an advertising association
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which is open to all new motor vehicle dealers or new
powersports vehicle dealers on the same basis,
c. used a performance standard, sales objective, o r
program for measuring dealer performance that may have
a material effect on a right of the dealer to vehicle
allocation; or payment under any incentive or
reimbursement program that is unfair, unreasonable,
inequitable, and not based on accurate information,
d. used a performance standard for measuring sales or
service performance of that results in penalizing any
new motor vehicle dealer or new powersports vehicle
dealer under the terms of the franchise agreement
which:
(1) is unfair, unreasonable, arbit rary, or
inequitable, and
(2) does not consider the relevan t and material local
and state or regional criteria, including
prevailing economic conditions affecting the
sales or service performance of a vehicle dealer
or and any relevant and material data and facts
presented by the dealer in writing within thirty
(30) days of the written notice of the
manufacturer to the dealer of its intention to
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cancel, terminate, or not renew the dealer ’s
franchise agreement, and
(3) does not consider the actual vehicle al location
offered or otherwise made available to the dealer
by the manufacturer or distributor, as well as
the dealer’s inventory levels relevant to achieve
any minimum performance standards to which the
manufacturer or distributor holds the dealer
accountable,
e. failed or refused to sell, or offer for sale, new
motor vehicles to all of its authorized same line -make
franchised new motor vehicle dealers or new
powersports vehicle dealers at the same price for a
comparably equipped motor vehicle, on the same terms,
with no differential in functionally available
discount, allowance, credit, or bonus, except as
provided in subparagraph e of paragraph 9 of this
subsection,
f. failed to provide reasonable compensation to a new
motor vehicle dealer substantially equivalent to the
actual cost of providing a manufacturer req uired
loaner or rental vehicle to any consumer who is having
a vehicle serviced at the dealership. For purposes of
this paragraph, actual cost is the average cost in the
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new motor vehicle dealer ’s region for the rental of a
substantially similar make and model as the vehicle
being serviced, or
g. failed to make available to its new motor vehicle
dealers a fair and proportional share of all new
vehicles distributed to same line -make dealers in this
state, subject to the same reasonable terms, including
any vehicles distributed from a common new vehicle
inventory pool outside of the factory ’s ordinary
allocation process such as any vehicles the factory
reserves to distribute on a discretionary basis;
9. Being a factory that:
a. has attempted to coerce or has coerced any new motor
vehicle dealer or new powersports vehicle dealer to
enter into any agreement or to cancel any agreement;
has failed to act in good faith and in a fair,
equitable, and nondiscriminatory manner; has directly
or indirectly coerced, inti midated, threatened, or
restrained any new motor vehicle dealer; has acted
dishonestly; or has failed to act in accordance with
the reasonable standards of fair dealing,
b. has failed to compensate its dealers for the work and
services they are required to perform in connection
with the dealer’s delivery and preparation obligations
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according to the agreements on file with the
Commission which must be found by the Commission to be
reasonable, or has failed to adequately and fairly
compensate its dealers for labor, parts, and other
expenses incurred by the dealer to perform under and
comply with manufacturer ’s warranty agreements and
recall repairs which shall include diagnostic work as
applicable and assistance requested by a consumer
whose vehicle was subjec ted to an over-the-air or
remote change, repair, or update to any part, system,
accessory, or function by the manufacturer and
performed by the dealer in order to satisfy the
consumer. Time allowances for the diagnosis and
performance of repair work shall be reasonable and
adequate for the work to be performed. Adequate and
fair compensation, which under this provision shall be
no less than the rates customarily charged for retail
consumer repairs as calculated herein, for parts and
labor for warranty and recall repairs shall, at the
option of the new motor vehicle dealer, be established
by the new motor vehicle dealer submitting to the
manufacturer or distributor one hundred sequential
nonwarranty consumer -paid service repair orders which
contain warranty-like repairs, or ninety (90)
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consecutive days of nonwarranty consumer -paid service
repair orders which contain warranty -like repairs,
whichever is less, covering repairs made no more than
one hundred eighty (180) days before the submission
and declaring the average percentage labor rate and/or
markup rate. A motor vehicle dealer may not submit a
request to establish its retail rates more than once
in a twelve-month period. That request may establish
a parts markup rate, labor rate, or both. The new
motor vehicle dealer or new powersports vehicle dealer
shall calculate its retail parts rate by determining
the total charges for parts from the qualified repair
orders submitted, dividing that amount by the new
motor vehicle dealer ’s total cost of the purchas e of
those parts, subtracting one (1), and multiplying by
one hundred (100) to produce a percentage. The new
motor vehicle dealer or new powersports vehicle dealer
shall calculate its retail labor rate by dividing the
amount of the new vehicle dealer ’s total labor sales
from the qualified repair orders by the total labor
hours charged for those sales. When submitting repair
orders to establish a retail parts and labor rate, a
new motor vehicle dea ler or new powersports vehicle
dealer need not include repa irs for:
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(1) routine maintenance including but not limited to
the replacement of bulbs, fluids, filters,
batteries, and belts that are not provided in the
course of and related to a repair,
(2) factory special events, specials, or promotional
discounts for retail consumer repairs,
(3) parts sold or repairs performed at wholesale,
(4) factory-approved goodwill or policy repairs or
replacements,
(5) repairs with aftermarket parts, when calculating
the retail parts rate but not the retail labor
rate,
(6) repairs on aftermarket parts,
(7) replacement of or work on tires including front -
end alignments and wheel or tire rotations,
(8) repairs of vehicles owned by the new motor
vehicle dealer or new powersports vehicle dealer
or employee thereof at the time of the repair,
(9) vehicle reconditioning, or
(10) items that do not have individual part numbers
including, but not limited to, nuts, bolts, and
fasteners.
A manufacturer or distributor may, not later th an
forty-five (45) days after submission, rebut that
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declared retail parts and labor rate in writing by
reasonably substantiating that the rate is not
accurate or is incomplete pursuant to the provisions
of this section. If the manufacturer or distributor
determines the set of repair orders submitted by the
new motor vehicle dealer or new powersports vehicle
dealer pursuant to this section for a retail labor
rate or retail parts markup rate is substantially
higher than the new vehicle dealer ’s current warranty
rates, the manufacturer or distributor may request, in
writing, within forty -five (45) days after the
manufacturer’s or distributor’s receipt of the new
vehicle dealer’s initial submission, all repair orders
closed within the period of thirty (30) days
immediately preceding, or thirty (30) days immediately
following, the set of repair orders initially
submitted by the new motor vehicle dealer. All time
periods under this section shall be suspended until
the supplemental repair orders are provided. If the
manufacturer or distributor requests supplemental
repair orders, the manufacturer or distributor may,
within thirty (30) days after receiving the
supplemental repair orders and in accordance with the
formula described in this subsection, calculate a
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proposed adjusted retail labor rate or retail parts
markup rate, as applicable, based upon any set of the
qualified repair orders submitted by the franchisee
and following the formula set forth herein to
establish the rate. The retail labor and parts rates
shall go into effect thirty (30) days following the
approval by the manufacturer or distributor. If the
declared rate is rebutted, the manufacturer or
distributor shall provide written notice stating the
reasons for the rebuttal, an explanation of the
reasons for the rebuttal, and a copy of all
calculations used by the franchisor in determining the
manufacturer or distributor ’s position and propose an
adjustment in writing of the average percentage markup
or labor rate based on that rebuttal not later tha n
forty-five (45) days after submission. If the new
motor vehicle dealer or new powersports vehicle dealer
does not agree with the proposed average percentage
markup or labor rate, the new vehicle dealer may file
a protest with the Commission not later than thirty
(30) days after receipt of that proposal by the
manufacturer or distributor. In the event a protest
is filed, the manufacturer or distributor shall have
the burden of proof to establish the new vehicle
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dealer’s submitted parts markup rate or lab or rate was
inaccurate or not complete pursuant to the prov isions
of this section. A manufacturer or distributor may
not retaliate against any new motor vehicle dealer or
new powersports vehicle dealer seeking to exercise its
rights under this section. A manufacturer or
distributor may require a dealer to submit repair
orders in accordance with this section in order to
validate the reasonableness of a dealer ’s retail rate
for parts or labor not more often than once every
twelve (12) months. A manufacture r or distributor may
not otherwise recover its costs from n ew vehicle
dealers within this state including a surcharge
imposed on a new motor vehicle dealer solely intended
to recover the cost of reimbursing a dealer for parts
and labor pursuant to this section; provided, a
manufacturer or distributor shall not be prohibited
from increasing prices for vehicles or parts in the
normal course of business or from auditing and
charging back claims in accordance with this section.
All claims made by dealers for c ompensation for
delivery, preparation, warranty, or recall repair work
shall be paid within thirty (30) days after approval
and shall be approved or disapproved within thirty
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(30) days after receipt. When any claim is
disapproved, the dealer shall be notified in writing
of the grounds for disapproval. The dealer ’s
delivery, preparation, and warranty obligations as
filed with the Commission shall constitute the
dealer’s sole responsibility for product liability as
between the dealer and manufacturer. A fa ctory may
reasonably and periodically audit a new motor veh icle
dealer or new powersports vehicle dealer to determine
the validity of paid claims for dealer compensation or
any charge-backs for warranty parts or service
compensation. Except in cases of suspected fraud,
audits of warranty payments shall only be fo r the one-
year period immediately following the date of the
payment. A manufacturer shall reserve the right to
reasonable, periodic audits to determine the validity
of paid claims for dealer compe nsation or any charge -
backs for consumer or dealer incentiv es. Except in
cases of suspected fraud, audits of incentive payments
shall only be for a one -year period immediately
following the date of the payment. A factory shall
not deny a claim or charge a new motor vehicle dealer
back subsequent to the payment o f the claim unless the
factory can show that the claim was false or
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fraudulent or that the new motor vehicle dealer or new
powersports vehicle dealer failed to reasonably
substantiate the claim by the written reasonable
procedures of the factory. A factor y shall not deny a
claim or implement a charge -back against a new vehicle
dealer after payment of a claim in the event a
purchaser of a new vehicle that is the subject of a
claim fails to comply with titling or registration
laws of this state and is not pr evented from
compliance by any action of the dealer; provided, that
the factory may require the dealer to provide, within
thirty (30) days of notice of charge -back, withholding
of payment, or denia l of claim, the documentation to
demonstrate the vehicle sa le, delivery, and customer
qualification for an incentive as reported, including
consumer name and address and written attestation
signed by the dealer operator or general manager
stating the consumer was not on the export control
list and the dealer did n ot know or have reason to
know the vehicle was being exported or resold.
The factory shall provide written notice to a dealer
of a proposed charge -back that is the result of an
audit along with the specific audit results and
proposed charge-back amount. A dealer that receives
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notice of a proposed charge -back pursuant to a
factory’s audit has the right to file a protest with
the Commission within thirty (30) days after receipt
of the notice of the charge -back or audit results,
whichever is later. The facto ry is prohibited from
implementing the charge -back or debiting the dealer ’s
account until either the time frame for filing a
protest has passed or a final adjudication is rendered
by the Commission, whichever is later, unless the
dealer has agreed to the c harge-back or charge-backs,
c. fails to compensate the new motor vehicle dealer for a
used motor vehicle:
(1) that is of the same make and model manufactured,
imported, or distributed by the factory and is a
line-make that the new motor vehicle dealer is
franchised to sell or on which the new motor
vehicle dealer is authorized to perform recall
repairs,
(2) that is subject to a stop -sale or do-not-drive
order issued by the factory or an authorized
governmental agency,
(3) that is held by the new motor vehic le dealer in
the dealer’s inventory at the time the stop -sale
or do-not-drive order is issued or that is taken
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by the new motor vehicle dealer into the dealer ’s
inventory after the recall notice as a result of
a retail consumer trade -in or a lease return t o
the dealer inventory in accordance with an
applicable lease contract,
(4) that cannot be repaired due to the
unavailability, within thirty (30) days after
issuance of the stop -sale or do-not-drive order,
of a remedy or parts necessary for the new motor
vehicle dealer to make the recall repair, and
(5) that is not at least in the prorated amount of
one percent (1.00%) of the value of the vehicle
per month beginning on the date that is thirty
(30) days after the date on which the stop -sale
order was provided to the new motor vehicle
dealer until the earlier of either of the
following:
(a) the date the recall remedy or parts are made
available, or
(b) the date the new motor vehicle dealer sells,
trades, or otherwise disposes of the
affected used motor vehicle .
For the purposes of division (5) of this subparagraph,
the value of a used vehicle shall be the average Black
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Book value for the year, make, and model of the
recalled vehicle. A factory may direct the manner and
method in which a new motor vehicle deale r must
demonstrate the inventory status of an affected used
motor vehicle to determine eligibility under this
subparagraph; provided, that the manner and method may
not be unduly burdensome and may not require
information that is unduly burdensome to provi de. All
reimbursement claims made by new motor vehicle dealers
pursuant to this section for recall remedies or
repairs, or for compensation where no part or repair
is reasonably available and the vehicle is subject to
a stop-sale or do-not-drive order, shall be subject to
the same limitations and requirements as a warranty
reimbursement claim made under subparagraph b of this
paragraph. In the alternative, a manufacturer may
compensate its franchi sed new motor vehicle dealers
under a national recall compe nsation program;
provided, the compensation under the program is equal
to or greater than that provided under division (5) of
this subparagraph, or as the manufacturer and new
motor vehicle dealer otherwise agree. Nothing in this
section shall require a f actory to provide total
compensation to a new motor vehicle dealer which would
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exceed the total average Black Book value of the
affected used motor vehicle as originally determined
under division (5) of this subparagraph. Any remedy
provided to a new moto r vehicle dealer under this
subparagraph is exclusive and may not be combined with
any other state or federal compensation remedy,
d. unreasonably fails or refuses to offer to its same
line-make franchised dealers a reasonable supply and
mix of all models manufactured for that line -make, or
unreasonably requires a dealer to pay any extra fee,
purchase unreasonable advertising displays or other
materials, or enter into a separate agreement which
adversely alters the rights or obligations contained
within the dealer’s existing franchise agreement or
which waives any right of the new motor vehicle dealer
or new powersports vehicle dealer as protected by
Section 561 et seq. of this title, or remodel,
renovate, or recondition the dealer ’s existing
facilities as a prerequisite to receiving a model or
series of vehicles, except as may be necessary to sell
or service the model or series of vehicles as provided
by subparagraph e of this paragraph. It shall be a
violation of this section for new vehicle allocation
to be withheld subject to any requirement to purchase
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or sell any number of used or off -lease vehicles. The
failure to deliver any such new motor vehicle shall
not be considered a violation of the section if the
failure is not arbitrary or is due to lack of
manufacturing capacity or to a strike or labor
difficulty, a shortage of materials, a freight
embargo, or other cause over which the manufacturer
has no control. However, this subparagraph shall n ot
apply to limited production model vehicles, a vehicle
not advertised by the factory for sale in this state,
vehicles that are subject to allocation affected by
federal environmental laws or environmental laws of
this state, or vehicles allocated in response to an
unforeseen event or circumstance,
e. except as necessary to comply with a health or safety
law, or to comply with a technology requirement which
is necessary to sell or service a vehicle that the
franchised new motor vehicle dealer or new powers ports
vehicle dealer is authorized or licensed by the
franchisor to sell or service, requires a dealer to
construct a new facility or substantially renovate the
dealer’s existing facility unless the facility
construction or renovation is justified by the
economic conditions existing at the time, as well as
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the reasonably foreseeable projections, in the new
motor vehicle dealer ’s market and in the automotive
industry. However, this subparagraph shall not apply
if the new motor vehicle dealer or new powerspo rts
vehicle dealer voluntarily agrees to facility
construction or renovation in exchange for money,
credit, allowance, reimbursement, or additional
vehicle allocation to a dealer from the factory to
compensate the dealer for the cost of, or a portion of
the cost of, the facility construction or renovation.
Except as necessary to comply with a health or safety
law, or to comply with a technology or safety
requirement which is necessary to sell or service a
motor vehicle or powersports vehicle that the
franchised dealer is authorized or licensed by the
franchisor to sell or service, a new vehicle dealer
which completes a facility construction or renovation
pursuant to factory requirements shall not be required
to construct a new facility or renovate the existing
facility if the same area of the facility or premises
has been constructed or substantially altered within
the last ten (10) years and the construction or
alteration was approved by the manufacturer as a part
of a facility upgrade program, standard, or policy.
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For purposes of this subparagraph, “substantially
altered” means to perform an alteration that
substantially impacts the architectural features,
characteristics, or integrity of a structure or lot.
The term shall not include routine maintenance
reasonably necessary to maintain a dealership in
attractive condition. If a facility upgrade program,
standard, or policy under which the dealer completed a
facility construction or substantial alteration does
not contain a specific time period during whi ch the
manufacturer or distributor shall provide payments o r
benefits to a participating dealer, or the time frame
specified under the program is reduced or canceled
prematurely in the unilateral discretion of the
manufacturer or distributor, the manufacturer or
distributor shall not deny the participating dealer
any payment or benefit under the terms of the program,
standard, or policy as it existed when the dealer
began to perform under the program, standard, or
policy for the balance of the ten -year period,
regardless of whether the manufacturer ’s or
distributor’s program, standard, or policy has been
changed or canceled, unless the manufacturer and
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dealer agree, in writing, to the change in payment or
benefit,
f. requires a new motor vehicle dealer or new powersports
vehicle dealer to establish an exclusive faci lity,
unless supported by reasonable business, market, and
economic considerations; provided, that this section
shall not restrict the terms of any agreement for such
exclusive facility voluntarily entered into and
supported by valuable consideration separ ate from the
new motor vehicle dealer ’s right to sell and service
motor vehicles for the franchisor,
g. requires a new motor vehicle dealer or new powersports
vehicle dealer to enter into a site -control agreement
covering any or all of the new motor vehicl e dealer’s
facilities or premises; provided, that this section
shall not restrict the terms of any site -control
agreement voluntarily entered into and supported by
valuable consideration separate f rom the new motor
vehicle dealer’s right to sell and servic e motor
vehicles for the franchisor. Notwithstanding the
foregoing or the terms of any site -control agreement,
a site-control agreement automatically extinguishes if
all of the factory’s franchises that operated from the
location that are the subject of t he site-control
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agreement are terminated by the factory as part of the
discontinuance of a product line,
h. refuses to pay, or claims reimbursement from, a new
motor vehicle dealer or new powerspor ts vehicle dealer
for sales, incentives, or other payments related to a
vehicle sold by the dealer because the purchaser of
the new vehicle exported or resold the vehicle in
violation of the policy of the factory unless the
factory can show that, at the time of the sale, the
new vehicle dealer knew or reasonably s hould have
known of the purchaser ’s intention to export or resell
the vehicle. There is a rebuttable presumption that
the new vehicle dealer did not know or could not have
known that the vehicle w ould be exported if the
vehicle is titled and registered in any state of the
United States, or
i. (1) notwithstanding the terms of a franchise
agreement or other agreement except as provided
in this subsection, requires a new motor vehicle
dealer or new powersports vehicle dealer to
purchase or utilize goods or services, or
contract with any vendor, identified, selected,
or designated by the factory for the:
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(a) operation of the dealership, including
electronic services such as websites, data
management or storage systems, digital
retail platforms, software, or oth er digital
services or platforms, or
(b) construction, renovation, or improvement of
the new dealer’s facility from a vendor
chosen by the factory if .
If goods or services available from other sources
a vendor that the new motor vehicle dealer
chooses are of substantially similar quality ,
function, and design and comply with all
applicable laws; provided, however, that such
goods are not subject to the factory ’s
intellectual property or trademark ri ghts and the
new vehicle dealer has received the factory ’s
approval, which approval may not be unreasonably
withheld. Nothing in this subparagraph may be
construed to allow a new motor vehicle dealer or
new powersports vehicle dealer to impair or
eliminate a factory’s intellectual property,
trademark rights, or t rade dress usage
guidelines. Nothing in this section subparagraph
prohibits the enforcement of a voluntary
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agreement between the factory and the new vehicle
dealer where separate and valuable cons ideration
has been offered and accepted .
It is a violation of this subparagraph for a
factory, or any entity that operates on behalf of
a factory, to coerce a new motor vehicle dealer
to purchase or utilize certain goods or services
by withholding vehicle allocation that the new
motor vehicle dealer is otherwise e ligible to
receive, and
(2) for the purposes of this subparagraph, “goods and
services” do not include:
(a) moveable displays, brochures, promotional
materials, or electronic or digital media
containing material subject to the
intellectual property rights of a factory or
parts to be used in repairs under warranty
obligations of a factory, or
(b) special tools or training required by the
factory to perform warranty or recall
related repairs;
10. Being a factory that:
a. establishes a system of motor vehicle allocation or
distribution which is unfair, inequitable, or
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unreasonably discriminatory. Upon the request of any
new motor vehicle dealer or new powersports vehicle
dealer franchised by it, a fac tory shall disclose in
writing to the dealer the basis upon which new
vehicles are allocated, scheduled, and delivered among
the new motor vehicle dealers of the same line -make
for that factory, or
b. changes an established plan or system of new motor
vehicle or new powersports vehicle distribution. A
new motor vehicle dealer or new powersports vehicle
dealer franchise agreement shall continue in full
force and operation notwithstanding a change, in whole
or in part, of an established plan or system of
distribution of the motor vehicles or new powersports
vehicles offered or previously offered for sale under
the franchise agreement. The appointment of a new
importer or distributor for motor vehicles or new
powersports vehicle offered for sale under the
franchise agreement shall be deemed to be a change of
an established plan or system of distribution. The
discontinuation of a line -make shall not be deemed to
be a change of an established plan or system of motor
vehicle or new powersports vehicle distributi on. The
creation of a line-make shall not be deemed to be a
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change of an established plan or system of motor
vehicle distribution as long as the new line -make is
not selling the same, or substantially the same
vehicle or vehicles previously sold through another
line-make by new motor vehicle dealers or new
powersports vehicle dealers with an active franchise
agreement for the other line -make in the state if such
dealers are no longer authorized to sell the
comparable vehicle previously sold through their l ine-
make. Changing a vehicle ’s powertrain is not
sufficient to show it is substantially different.
Upon the occurrence of such change, the manufacturer
or distributor shall be prohibited from obtaining a
license to distribute vehicles under the new plan or
system of distribution unless the manufacturer or
distributor offers to each vehicle dealer who is a
party to the franchise agreement a new franchise
agreement containing substantially the same provisions
which were contained in the previous franchise
agreement;
11. Being a factory that sells directly or indir ectly new motor
vehicles or new powersports vehicles to any retail consumer in the
state except through a new motor vehicle dealer or new powersports
vehicle dealer holding a franchise for the line -make that includes
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the new motor vehicle or new powersport s vehicle. This paragraph
does not apply to factory sales of new vehicles to its employees,
family members of employees, retirees and family members of
retirees, not-for-profit organizations, or t he federal, state, or
local governments. The provisions of this paragraph shall not
preclude a factory from providing information to a consumer for the
purpose of marketing or facilitating a sale of a new vehicle or from
establishing a program to sell or offer to sell new motor vehicles
or new powersports vehicle through participating dealers subject to
the limitations provided in paragraph 2 of Section 562 of this
title;
12. a. Being a factory which directly or indirectly:
(1) owns any ownership interest or has any financial
interest in a new motor vehicle dealer or new
powersports vehicle dealer or any person who
sells products or services pursuant to the terms
of the franchise agreement,
(2) operates or controls a new motor vehicle dealer
or new powersports vehicle dealer, or
(3) acts in the capacity of a new mo tor vehicle
dealer or new powersports vehicle dealer.
b. (1) This paragraph does not prohibit a factory from
owning or controlling a new motor vehicle dealer
or new powersports vehicle dealer while in a bona
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fide relationship with a dealer development
candidate who has made a substantial initial
investment in the franchise and whose initial
investment is subject to potential loss. The
dealer development candidate can reasonably
expect to acquire full ownership of a new vehicle
dealer within a reasonable pe riod of time not to
exceed ten (10) years and on reasonable terms and
conditions. The ten -year acquisition period may
be expanded for good cause shown.
(2) This paragraph does not prohibit a facto ry from
owning, operating, controlling, or acting in the
capacity of a new motor vehicle dealer or new
powersports vehicle dealer for a period not to
exceed twelve (12) months during the transition
from one independent dealer to another
independent dealer if the dealership is for sale
at a reasonable price and on reasonable terms and
conditions to an independent qualified buyer. On
showing by a factory of good cause, the Oklahoma
New Motor Vehicle Commission may extend the time
limit set forth above; exten sions may be granted
for periods not to exceed twelve (12) months.
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(3) This paragraph does not prohibit a factory from
owning, operating, or controlling or acting in
the capacity of a new motor vehicle dealer or new
powersports vehicle dealer which was in operation
prior to January 1, 2000.
(4) This paragraph does not prohibit a factory from
owning, directly or indirectly, a minority
interest in an entity that owns, operates, or
controls motor vehicle dealerships or powersports
vehicle dealerships of the sa me line-make
franchised by the manufacturer, provided that
each of the following conditions are met:
(a) all of the new motor vehicle or new
powersports vehicle dealerships selling the
vehicles of that manufacturer in this state
trade exclusively in the line -make of that
manufacturer,
(b) all of the franchise agre ements of the
manufacturer confer rights on the dealer of
the line-make to develop and operate, within
a defined geographic territory or area, as
many dealership facilities as the dealer and
manufacturer shall agree are appropriate,
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(c) at the time the manufacturer first acquires
an ownership interest or assumes operation,
the distance between any dealership thus
owned or operated and the nearest
unaffiliated new motor vehicle or new
powersports vehicle dealership trading in
the same line-make is not less than seventy
(70) miles,
(d) during any period in which the manufacturer
has such an ownership interest, the
manufacturer has no more than three
franchise agreements with new motor vehicle
dealers or new powersports vehicle dealers
licensed by the Oklahoma New Motor Vehicle
Commission to do business within the state,
and
(e) prior to January 1, 2000, the factory shall
have furnished or made available to
prospective new vehicle dealers an offering
circular in accordance with the Trade
Regulation Rule on Franc hising of the
Federal Trade Commission, and any guidelines
and exemptions issued thereunder, which
disclose the possibility that the factory
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may from time to time seek to own or
acquire, directly or indirectly, ownership
interests in retail dealerships;
13. Being a factory which directly or indirectly makes
available for public disclosure any proprietary information provided
to the factory by a new motor vehicle dealer or new powersports
vehicle dealer, other than in composite form to new vehicle dealers
in the same line-make or in response to a subpoena or order of the
Commission or a court. Proprietary information includes, but is not
limited to, information:
a. derived from monthly financial sta tements provided to
the factory, and
b. regarding any aspect of the profitability of a
particular new motor vehicle dealer or new powersports
vehicle dealer;
14. Being a factory which does not provide or direct leads in a
fair, equitable, and timely manner. Nothing in this paragraph shall
be construed to require a factory to disregard the preference of a
consumer in providing or directing a lead;
15. Being a factory which used the consumer list of a new motor
vehicle dealer or new powersports vehicle dea ler for the purpose of
unfairly competing with dealers;
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16. Being a factory which prohibits a new motor vehicle dealer
or new powersports vehicle dealer from relocating after a written
request by such dealer if:
a. the facility and the proposed new location satisfies
or meets the written reasonable guidelines of the
factory. Reasonable guidelines do not include
exclusivity or site control unless agreed to as set
forth in subparagraphs f and g of paragraph 9 of this
subsection,
b. the proposed new location is within the area of
responsibility of the new motor vehi cle dealer or new
powersports vehicle dealer pursuant to Section 578.1
of this title, and
c. the factory has sixty (60) days from receipt of the
new motor vehicle dealer ’s relocation request to
approve or deny the request. The failure to approve
or deny the request within the sixty -day time frame
shall constitute approval of the request;
17. Being a factory which prohibits a new motor vehicle dealer
or new powersports vehicle dealer from adding ad ditional line-makes
to its existing facility, if, after add ing the additional line -
makes, the facility satisfies the written reasonable capitalization
standards and facility guidelines of each factory. Reasonable
facility guidelines do not include a requirement to maintain
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exclusivity or site control unless agree d to by the dealer as set
forth in subparagraphs f and g of paragraph 9 of this subsection;
18. Being a factory that increases prices of new motor vehicles
or new powersports vehicles which the de aler had ordered for retail
consumers and notified the fact ory prior to the dealer ’s receipt of
the written official price increase notification. A sales contract
signed by a retail consumer accompanied with proof of order
submission to the factory shall constitute evidence of each such
order, provided that the v ehicle is in fact delivered to the
consumer. Price differences applicable to new models or series
motor vehicles at the time of the introduction of new models or
series shall not be considered a p rice increase for purposes of this
paragraph. Price change s caused by any of the following shall not
be subject to the provisions of this paragraph:
a. the addition to a motor vehicle or powersports vehicle
of required or optional equipment pursuant to state or
federal law,
b. revaluation of the United States dol lar in the case of
foreign-made vehicles or components, or
c. an increase in transportation charges due to increased
rates imposed by common or contract carriers;
19. Being a factory that requires a new motor vehicle dealer or
new powersports vehicle deal er to participate monetarily in an
advertising campaign or contest, or purchase any promotional
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materials, showroom, or other display decoration or materials at the
expense of the new motor vehicle or powersports vehicle dealer
without consent of the deale r, which consent shall not be
unreasonably withheld;
20. Being a factory that denies any new motor vehicle dealer or
new powersports vehicle dealer the right of free association with
any other dealer for any lawful purpose, unless otherwise permitted
by this chapter; or
21. Being a factory that requires a new motor vehicle dealer or
new powersports vehicle dealer to sell, offer to sell, or sell
exclusively an extended service contract, extended maintenance plan,
or similar product, such as gap products of fered, endorsed, or
sponsored by the factory by the following means:
a. by an act or statement from the factory that will in
any manner adversely impact the new motor vehicle
dealer, or
b. by measuring dealer’s performance under the franchise
based on the sale of extended service contracts,
extended maintenance plans, or similar products
offered, endorsed, or sponsored by the manufacturer or
distributor;
22. Being a factory that requires or coerces a new motor
vehicle dealer in this state to purchase or le ase any electric
vehicle charging stations at the new motor vehicle dealer ’s expense
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unless the franchise agreement, including any related addendums,
with the new motor vehicle dealer identifies el ectric vehicle models
among the vehicles available for sale under the dealer’s franchised
line-make, or the new motor vehicle dealer has notified the
manufacturer or distributor of the new motor vehicle dealer ’s
intention to begin selling and servicing electric vehicles
manufactured or distributed by that factory. If the new motor
vehicle dealer’s franchise identifies electric vehicle models or the
dealer is actually offering for sale to the public or providing
warranty service on electric vehicles manufac tured or distributed by
that factory, the new motor vehicle dealer may not be required to
purchase or lease, at the new motor vehicle dealer ’s expense:
a. more than the number and type of electric vehicle
charging stations based upon the reasonable estimate
of the sales and service volume for the vehicles in
the dealer’s market, or
b. to make electric vehicle charging stations located at
the new motor vehicle dealership available for use by
the general public. Nothing in this paragraph shall
prohibit a factory from offering financial assistance
through a lump-sum payment to new motor vehicle
dealers that purchase or install electric charging
stations; and
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23. Being a factory that withdraws all or a material part of
its stated electric vehicle distribution plan and fails or refuses,
at the written request of the ne w motor vehicle dealer, to accept
the return or otherwise fully reimburse a new motor vehicle dealer
for the cost of parts, tools, equipment, chargers, and other
returnable items required as a part of that distribution plan,
program, policy, or other initi ative related to the sale or service
of electric motor vehicles; provided, that:
a. the dealer demonstrates that the volume of electric
motor vehicles sales or service is no longer adequate
to allow the dealer to realize a positive return on
the investment over the useful life of the parts,
tools, equipment, chargers, or other returnable items,
and
b. the dealer submits its request to the manufacturer or
distributor in writing and within twenty -four (24)
months of the dealer ’s receipt of the parts, tools,
equipment, chargers, or other returnable items .
B. Notwithstanding the terms of any franchise agreement, in the
event of a proposed sale or transfer of a dealership, the
manufacturer or distributor shall be permitted to exercise a right
of first refusal to acquire the assets or ownership interest of the
dealer of the new motor vehicle or new powersports vehicle
dealership, if such sale or transfer is conditioned upon the
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manufacturer or dealer enter ing into a dealer agreement with the
proposed new owner or transferee, only if all the following
requirements are met:
1. To exercise its right of first refusal, the factory must
notify the new motor vehicle dealer or new powersports vehicle
dealer in writing within sixty (60) days of receipt of the completed
proposal for the proposed sale transfer;
2. The exercise of the right of first refusal will result in
the new motor vehicle dealer or new powersports vehicle dealer and
the owner of the dealership re ceiving the same or greater
consideration as they have cont racted to receive in connection with
the proposed change of ownership or transfer;
3. The proposed sale or transfer of the dealership does not
involve the transfer or sale to a member or members of the family of
one or more dealer owners, or to a qualifie d manager or a
partnership or corporation controlled by such persons; and
4. The factory agrees to pay the reasonable expenses, including
attorney fees which do not exceed the usual, customary, an d
reasonable fees charged for similar work done for other c lients
incurred by the proposed new owner and transferee prior to the
exercise by the factory of its right of first refusal in negotiating
and implementing the contract for the proposed sale or transfer of
the dealership or dealership assets. Notwithstand ing the foregoing,
no payment of expenses and attorney fees shall be required if the
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proposed new dealer or transferee has not submitted or caused to be
submitted an accounting of those expenses wi thin thirty (30) days of
receipt of the written request of the factory for such an
accounting. The accounting may be requested by a factory before
exercising its right of first refusal.
C. Nothing in this section shall prohibit, limit, restrict, or
impose conditions on:
1. Business activities, including without limitation the
dealings with motor vehicle manufacturers and the representatives
and affiliates of motor vehicle manufacturers, of any person that is
primarily engaged in the business of short -term, not to exceed
twelve (12) months, rental of motor vehicl es and industrial and
construction equipment and activities incidental to that business,
provided that:
a. any motor vehicle or powersports vehicle sold by that
person is limited to used motor vehicles or
powersports vehicles that have been previously used
exclusively and regularly by that person in the
conduct of business and used motor vehicles or used
powersports vehicles traded in on motor vehicles or
powersports vehicles sold by that person,
b. warranty repairs performed by that person on motor
vehicles or powersports vehicles are limited to those
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vehicles that the person owns, previously owned, or
takes in trade, and
c. motor vehicle or powersports vehicle financing
provided by that person to retail consumers for motor
vehicles or powersports vehicles is limited to used
vehicles sold by that person in the conduct of
business; or
2. The direct or indirect ownership, affiliation, or control of
a person described in paragraph 1 of this subsection.
D. As used in this section:
1. “Substantially relates ” means the nature of criminal conduct
for which the person was convicted has a direct bearing on the
fitness or ability to perform one or more of the duties or
responsibilities necessarily related to the occupation; and
2. “Poses a reasonable threat ” means the nature of criminal
conduct for which the person was convicted involved an act or threat
of harm against another and has a bearing on the fitness or ability
to serve the public or work with othe rs in the occupation.
E. Nothing in this section shall pro hibit a manufacturer or
distributor from requiring a dealer to be in compliance with the
franchise agreement and authorized to sell a make and model based on
applicable reasonable standards and requirements that include but
are not limited to any facility, technology, or training
requirements necessary to sell or service a vehicle, in order to be
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eligible for delivery or allotment of a make or model of a new motor
vehicle or new powersports vehicle or an incentive.
SECTION 5. This act shall become effective November 1, 2025.
Passed the Senate the 26th day of March, 2025.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2025.
Presiding Officer of the House
of Representatives