SENATE BILL NO. 241
INTRODUCED BY SHEA, PERRY
AN ACT DEFINING "DEALER", "MOTOR VEHICLE", AND "NEW MOTOR VEHICLE" FOR THE PURPOSES OF SECTIONS 61-4-131 THROUGH 61-4-137, 61-4-141, AND 61-4-150, MCA, IN ORDER TO PROVIDE THAT THE RIGHT OF A DESIGNATED FAMILY MEMBER TO SUCCEED IN THE OWNERSHIP OR OPERATION OF A NEW MOTOR VEHICLE DEALERSHIP INCLUDES PERSONAL WATERCRAFT, SNOWMOBILE, AND OFF-HIGHWAY VEHICLES AND IN ORDER TO PROVIDE THAT A MANUFACTURER'S RIGHT OF FIRST REFUSAL AND A DEALER'S RIGHTS WITH RESPECT TO THE SALE, TRANSFER, OR EXCHANGE OF A DEALERSHIP APPLY TO PERSONAL WATERCRAFT, SNOWMOBILE, AND OFF-HIGHWAY VEHICLES; AND AMENDING SECTION 61-4-131, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 61-4-131, MCA, is amended to read:
"61-4-131. Definitions. As used in 61-4-131 through 61-4-137, 61-4-141, and 61-4-150, the following definitions apply:,
(1) "Dealer" includes a new motor vehicle dealer as defined in 61-4-201.
(2) (a) "designated "Designated family member" means the spouse, child, grandchild, parent, brother, or sister of a dealer who,:
(i) in the case of a deceased dealer,:
(A) is entitled to inherit the dealer's ownership interest in the dealership under the terms of the dealer's will, or under the laws of intestate succession of this state; or
(B) who has otherwise been designated in writing by a deceased dealer to succeed the deceased in the motor vehicle dealership,; or
(ii) under the laws of intestate succession of this state or who, in the case of an incapacitated dealer, has been appointed by a court as the legal representative of the dealer's property.
(b) The term includes the appointed and qualified personal representative and the testamentary trustee of a deceased dealer.
(3) "Motor vehicle" has the same meaning as provided in 61-4-201.
(4) "New motor vehicle" has the same meaning as provided in 61-4-201."
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