Maine LD 2104: An Act To Amend The Charter Of The Wiscasset Water District

Bill Text

Page 1 - 132LR2870(03)
STATE OF MAINE
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IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-SIX
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H.P. 1419 - L.D. 2104
An Act to Clarify Contractual Rights of Personal Sports Mobile Dealers
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 10 MRSA §1243, sub-§3, ¶A, as enacted by PL 1997, c. 473, §3, is
amended to read:
A. To refuse to deliver in reasonable quantities and within a reasonable time after
receipt of a dealer's order to any personal sports mobile dealer having a franchise or
contractual arrangement for the retail sale of new personal sports mobiles sold or
distributed by a manufacturer any personal sports mobiles that are covered by that
franchise or contract and specifically publicly advertised by that manufacturer to be
available for immediate delivery; however, the failure to deliver any personal sports
mobile is not a violation of this chapter if that failure is due to an act of God, or work
stoppage or delay due to a strike or labor difficulty, shortage of materials, freight
embargo or other cause over which the manufacturer or any of its agents has no
control;.
The allocation of new personal sports mobiles to a new personal sports mobile dealer
that is established in accordance with section 1244 must be made on a fair and equitable
basis for each model of new personal sports mobiles. The manufacturer has the burden
of establishing the fairness of its allocation system. It is prima facie evidence that a
determination to cancel, terminate, fail to renew or refuse to continue a franchise
relationship with a personal sports mobile dealer based in whole or in part on poor sales
performance or poor market penetration is not made with good cause when prior to the
determination the manufacturer failed to provide the dealer a fair and adequate supply
and mix of new personal sports mobiles, which includes but is not limited to the
allocation of new personal sports mobiles under a separate dealer designation,
including but not limited to designations such as "premier," "business class or elite" or
any other designation.
A separate dealer agreement is not required of a personal sports mobile dealer already
a party to a dealer agreement or franchise agreement for the retail sale of any particular
new personal sports mobile model made or distributed by a manufacturer, except that
a manufacturer may require a dealer to purchase special tools or equipment, stock
APPROVED
MARCH 23, 2026
BY GOVERNOR
CHAPTER
592
PUBLIC LAW

Page 2 - 132LR2870(03)
reasonable quantities of certain parts, purchase reasonable quantities of promotional
materials or participate in training programs that are reasonably necessary for the dealer
to sell or service any new personal sports mobile model. Training programs for
technicians must be available remotely. Any special tools, parts or signs not used within
2 years of receipt by the dealer may be returned by the dealer to the manufacturer for
a full refund of the cost of those special tools, parts or signs;
Sec. 2. 10 MRSA §1243, sub-§3, ¶B, as amended by PL 1997, c. 717, §1, is further
amended to read:
B. To coerce or attempt to coerce any personal sports mobile dealer to enter into any
agreement with a manufacturer or an officer, agent or other representative of a
manufacturer, or to do any other act prejudicial to that dealer by threatening to cancel
any franchise or any contractual agreement existing between the manufacturer and that
dealer; however, notice in good faith to any personal sports mobile dealer of that
dealer's violation of any terms or provisions of the franchise or contractual agreement,
or any good faith attempt by the manufacturer to enforce the terms or provisions of the
franchise or contractual agreement, does not constitute a violation of this chapter;.
Conduct prohibited under this paragraph includes, but is not limited to, a manufacturer
or an officer, agent or other representative of a manufacturer threatening to or
attempting to modify a dealer's franchise or contractual agreement during the term of
the franchise or contractual agreement or upon its renewal, when: the modification
substantially and adversely affects the personal sports mobile dealer's rights,
obligations, investment or return on investment; the manufacturer has not provided 90
days' written notice by certified mail of the proposed modification to the personal
sports mobile dealer; and the modification is not required by law.
Within 90 days from the date the manufacturer provides the written notice of a
proposed modification or within 90 days from the date the manufacturer threatens or
attempts to impose a modification, the personal sports mobile dealer may serve notice
upon the manufacturer of a protest requesting a determination of whether there is good
cause for permitting a proposed modification. The manufacturer has the burden of
proving good cause. Multiple protests pertaining to the same proposed modification
must be consolidated. The proposed modification m