S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6406
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 17, 2021
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in  relation  to  establishing
   the recreational vehicle dealer agreements
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. It is the intent of the legislature to protect  the  public
 health,  safety, and welfare of the residents of the state by regulating
 the relationship between recreation vehicle dealers,  manufacturers  and
 suppliers,  maintaining  competition,  and providing consumer protection
 and fair trade.
   § 2. The general business law is amended by adding a new article 42 to
 read as follows:
                                ARTICLE 42
                  RECREATIONAL VEHICLE DEALER AGREEMENTS
 SECTION 1100. DEFINITIONS.
         1101. WRITTEN AGREEMENTS/DESIGNATED TERRITORIES.
         1102. MANUFACTURER  INITIATED  TERMINATION,  CANCELLATION,   AND
                 ALTERATION OF A DEALERSHIP.
         1103. DEALER INITIATED TERMINATION, CANCELLATION, AND ALTERATION
                 OF A DEALERSHIP.
         1104. REPURCHASE OF INVENTORY.
         1105. TRANSFER OF DEALERSHIP/FAMILY SUCCESSION.
         1106. WARRANTY OBLIGATIONS.
         1107. INDEMNIFICATION.
         1108. INSPECTION AND REJECTION BY THE DEALER.
         1109. COERCION OF DEALER PROHIBITED.
         1110. PRESERVATION OF CONSUMER PROTECTION STATUTES.
         1111. PRIVATE ACTIONS.
         1112. POWERS OF THE COMMISSIONER OF MOTOR VEHICLES.
         1113. CONSTRUCTION OF ARTICLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04749-01-1

 A. 6406                             2
 
         1114. NOTICE REQUIREMENT.
         1115. ADJUDICATORY PROCEEDINGS.
         1116. JUDICIAL REVIEW.
         1117. SEPARABILITY.
         1118. SAVINGS CLAUSE.
   §  1100.  DEFINITIONS.  AS  USED  IN THIS ARTICLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS: 1.  "AREA  OF  SALES  RESPONSIBILITY"
 MEANS THE GEOGRAPHICAL AREA, AGREED TO BY THE DEALER AND THE MANUFACTUR-
 ER  OR  DISTRIBUTOR  IN  THE MANUFACTURER/DEALER AGREEMENT, WITHIN WHICH
 AREA THE DEALER HAS THE EXCLUSIVE RIGHT TO DISPLAY OR SELL THE  MANUFAC-
 TURER'S  OR  DISTRIBUTOR'S NEW RECREATION VEHICLES OF A PARTICULAR LINE-
 MAKE TO THE RETAIL PUBLIC.
   2. "DEALER" MEANS ANY PERSON, FIRM, CORPORATION,  OR  BUSINESS  ENTITY
 LICENSED  OR  REQUIRED  TO  BE  LICENSED  UNDER THIS ARTICLE TO SELL NEW
 RECREATION VEHICLES TO THE RETAIL PUBLIC AND WHO MAINTAINS  A  PERMANENT
 BUSINESS  ESTABLISHMENT  INCLUDING  A  SERVICE AND REPAIR FACILITY WHICH
 OFFERS MECHANICAL SERVICES FOR THE RECREATION VEHICLES IT SELLS.
   3. "DISTRIBUTOR" MEANS ANY  PERSON,  FIRM,  CORPORATION,  OR  BUSINESS
 ENTITY  THAT  PURCHASES  NEW  RECREATION VEHICLES FROM MANUFACTURERS FOR
 RESALE TO DEALERS.
   4. "FACTORY CAMPAIGN" MEANS AN EFFORT ON THE PART OF  A  WARRANTOR  TO
 CONTACT  RECREATION VEHICLE OWNERS OR DEALERS IN ORDER TO ADDRESS A PART
 OR EQUIPMENT ISSUE.
   5. "FAMILY MEMBER" MEANS A SPOUSE, CHILD, GRANDCHILD, PARENT, SIBLING,
 NIECE, OR NEPHEW, OR THE SPOUSE THEREOF.
   6. "LINE-MAKE" MEANS A SPECIFIC SERIES OF RECREATION VEHICLE  PRODUCTS
 THAT:
   (A) ARE IDENTIFIED BY A COMMON SERIES TRADE NAME OR TRADEMARK;
   (B)  ARE  TARGETED  TO  A  PARTICULAR MARKET SEGMENT, AS DETERMINED BY
 THEIR DECOR, FEATURES, EQUIPMENT, SIZE, WEIGHT, AND PRICE RANGE;
   (C) HAVE LENGTHS AND INTERIOR FLOOR PLANS THAT DISTINGUISH THE  RECRE-
 ATION  VEHICLES  FROM  OTHER  RECREATION VEHICLES WITH SUBSTANTIALLY THE
 SAME DECOR, EQUIPMENT, FEATURES, PRICE, AND WEIGHT;
   (D) BELONG TO A SINGLE, DISTINCT CLASSIFICATION OF RECREATION  VEHICLE
 PRODUCT   TYPE  HAVING  A  SUBSTANTIAL  DEGREE  OF  COMMONALITY  IN  THE
 CONSTRUCTION OF THE CHASSIS, FRAME, AND BODY; AND
   (E) THE MANUFACTURER/DEALER AGREEMENT AUTHORIZES A DEALER TO SELL.
   7. "MANUFACTURER" MEANS ANY PERSON,  FIRM,  CORPORATION,  OR  BUSINESS
 ENTITY THAT ENGAGES IN THE MANUFACTURING OF RECREATION VEHICLES.
   8.  "NEW RECREATION VEHICLE" MEANS A RECREATION VEHICLE THAT HAS NEVER
 BEEN SOLD TO THE RETAIL PUBLIC NOR TITLED NOR REGISTERED IN ANY STATE.
   9.  "MANUFACTURER/DEALER  AGREEMENT"  MEANS  A  WRITTEN  AGREEMENT  OR
 CONTRACT ENTERED INTO BETWEEN A MANUFACTURER OR DISTRIBUTOR AND A DEALER
 THAT  FIXES  THE RIGHTS AND RESPONSIBILITIES OF THE PARTIES AND PURSUANT
 TO WHICH THE DEALER SELLS NEW RECREATION VEHICLES.
   10. "PROPRIETARY PART" MEANS ANY PART MANUFACTURED BY OR FOR AND  SOLD
 EXCLUSIVELY BY THE MANUFACTURER OR DISTRIBUTOR.
   11.  "RECREATIONAL  VEHICLE"  MEANS  A  MOTOR HOME OR TRAILER USED FOR
 RECREATIONAL CAMPING OR SEASONAL USE, THAT IS EQUIPPED  WITH  A  COOKING
 FACILITY  WITH  AN ON-BOARD FUEL   SOURCE; A POTABLE WATER SUPPLY SYSTEM
 THAT INCLUDES AT LEAST A SINK, A FAUCET AND A WATER TANK WITH AN EXTERI-
 OR SERVICE SUPPLY CONNECTION, A TOILET WITH EXTERIOR EVACUATION,  A  GAS
 OR  ELECTRIC  REFRIGERATOR, A HEATING OR AIR CONDITIONING SYSTEM WITH AN
 ON-BOARD POWER OR FUEL SOURCE SEPARATE FROM THE VEHICLE ENGINE,  AND  AN
 ELECTRIC  POWER  SYSTEM.  RECREATIONAL  VEHICLE  TYPES INCLUDE THE MOTOR

 A. 6406                             3
 
 HOME, TRAVEL TRAILER, FOLDING CAMPING  TRAILER,  TRUCK  CAMPER  OR  PARK
 MODEL RV AS DEFINED IN THIS SUBDIVISION.
   (A)  "MOTOR  HOME" MEANS A SELF-PROPELLED RECREATION VEHICLE, DESIGNED
 TO PROVIDE TEMPORARY LIVING QUARTERS FOR RECREATIONAL, CAMPING OR TRAVEL
 USE THAT COMPLIES WITH ALL THE APPLICABLE FEDERAL  VEHICLE  REGULATIONS.
 THE  UNIT  MUST  CONTAIN  AT  LEAST  FOUR  OF  THE FOLLOWING PERMANENTLY
 INSTALLED INDEPENDENT LIFE SUPPORT SYSTEMS WHICH MEET THE NATIONAL  FIRE
 PROTECTION ASSOCIATION (NFPA) 1192 STANDARD FOR RECREATIONAL VEHICLES:
   (I) A COOKING FACILITY WITH AN ON-BOARD FUEL SOURCE;
   (II)  A  POTABLE  WATER SUPPLY SYSTEM THAT INCLUDES AT LEAST A SINK, A
 FAUCET AND A WATER TANK WITH AN EXTERIOR SERVICE SUPPLY CONNECTION;
   (III) A TOILET WITH EXTERIOR EVACUATION;
   (IV) A GAS OR ELECTRIC REFRIGERATOR;
   (V) A HEATING OR AIR CONDITIONING SYSTEM WITH  AN  ON-BOARD  POWER  OR
 FUEL SOURCE SEPARATE FROM THE VEHICLE ENGINE; OR
   (VI) AN ELECTRIC POWER SYSTEM.
   (B)  "TRAVEL  TRAILER"  MEANS  A RECREATION VEHICLE MOUNTED ON WHEELS,
 DESIGNED TO PROVIDE TEMPORARY LIVING QUARTERS FOR RECREATIONAL,  CAMPING
 OR  TRAVEL  USE  THAT  COMPLIES  WITH ALL THE APPLICABLE FEDERAL VEHICLE
 REGULATIONS AND IS OF SUCH SIZE AND WEIGHT AS TO NOT REQUIRE  A  SPECIAL
 HIGHWAY MOVEMENT PERMIT WHEN TOWED BY A MOTORIZED VEHICLE.
   (C)  "FIFTH  WHEEL  TRAILER"  MEANS  A  RECREATION  VEHICLE MOUNTED ON
 WHEELS, DESIGNED TO PROVIDE TEMPORARY LIVING QUARTERS FOR  RECREATIONAL,
 CAMPING  OR  TRAVEL  USE  THAT  COMPLIES WITH ALL THE APPLICABLE FEDERAL
 VEHICLE REGULATIONS AND IS OF SUCH SIZE AND WEIGHT AS TO NOT  REQUIRE  A
 SPECIAL  HIGHWAY  MOVEMENT  PERMIT  WHEN  TOWED  BY  A MOTORIZED VEHICLE
 EQUIPPED WITH A TOWING MECHANISM THAT IS MOUNTED ABOVE OR FORWARD OF THE
 TOW VEHICLE'S REAR AXLE.
   (D) "FOLDING CAMPING TRAILER" MEANS A RECREATION  VEHICLE  MOUNTED  ON
 WHEELS,  DESIGNED TO PROVIDE TEMPORARY LIVING QUARTERS FOR RECREATIONAL,
 CAMPING OR TRAVEL USE THAT COMPLIES  WITH  ALL  THE  APPLICABLE  FEDERAL
 VEHICLE  REGULATIONS  AND  IS  CONSTRUCTED WITH COLLAPSIBLE PARTIAL SIDE
 WALLS THAT FOLD FOR TOWING BY ANOTHER VEHICLE AND UNFOLD  AT  THE  CAMP-
 SITE.
   (E)  "TRUCK  CAMPER"  MEANS A RECREATION VEHICLE DESIGNED TO BE LOADED
 ONTO THE BACK OF A PICKUP TRUCK TO PROVIDE TEMPORARY LIVING QUARTERS FOR
 RECREATIONAL, CAMPING OR TRAVEL USE; PROVIDED, HOWEVER, THAT NOTHING  IN
 THIS  PARAGRAPH  SHALL  AUTHORIZE  A  DEALER TO SELL OR LEASE NEW PICKUP
 TRUCKS, OR INCLUDE PICKUP TRUCKS WITHIN THE  DEFINITION  OF  "RECREATION
 VEHICLE",  AND  PROVIDED,  FURTHER, THAT NOTHING IN THIS PARAGRAPH SHALL
 REMOVE A DEALER OF NEW PICKUP TRUCKS FROM SUBDIVISION SEVEN  OF  SECTION
 FOUR HUNDRED SIXTY-TWO OF THE VEHICLE AND TRAFFIC LAW.
   (F) "PARK MODEL RV" MEANS A RECREATION VEHICLE THAT IS:
   (I) DESIGNED AND MARKETED AS TEMPORARY LIVING QUARTERS FOR RECREATION-
 AL, CAMPING, TRAVEL, OR SEASONAL USE;
   (II)  NOT  PERMANENTLY AFFIXED TO REAL PROPERTY FOR USE AS A PERMANENT
 DWELLING;
   (III) BUILT ON A SINGLE CHASSIS MOUNTED ON WHEELS; AND
   (IV) CERTIFIED BY THE MANUFACTURER AS COMPLYING WITH THE ANSI  A119.5,
 PARK MODEL RV STANDARD.
   12.  "SUPPLIER" MEANS ANY PERSON, FIRM, CORPORATION OR BUSINESS ENTITY
 THAT ENGAGES IN THE MANUFACTURING OF RECREATION VEHICLE PARTS,  ACCESSO-
 RIES OR COMPONENTS.
   13. "TRANSIENT CUSTOMER" MEANS A CUSTOMER WHO IS TEMPORARILY TRAVELING
 THROUGH A DEALER'S AREA OF SALES RESPONSIBILITY.

 A. 6406                             4

   14. "WARRANTOR" MEANS ANY PERSON, FIRM, CORPORATION, OR BUSINESS ENTI-
 TY,  INCLUDING ANY MANUFACTURER, DISTRIBUTOR OR SUPPLIER THAT PROVIDES A
 WRITTEN WARRANTY TO THE CONSUMER IN CONNECTION  WITH  A  NEW  RECREATION
 VEHICLE  OR PARTS, ACCESSORIES, OR COMPONENTS THEREOF. THE TERM DOES NOT
 INCLUDE  SERVICE  CONTRACTS,  MECHANICAL  OR OTHER INSURANCE OR EXTENDED
 WARRANTIES SOLD FOR SEPARATE CONSIDERATION BY A DEALER OR  OTHER  PERSON
 NOT CONTROLLED BY A MANUFACTURER OR DISTRIBUTOR.
   §  1101.  WRITTEN AGREEMENTS/DESIGNATED TERRITORIES. 1. A MANUFACTURER
 OR DISTRIBUTOR MAY NOT SELL A RECREATION VEHICLE IN  THIS  STATE  TO  OR
 THROUGH A DEALER WITHOUT HAVING FIRST ENTERED INTO A MANUFACTURER/DEALER
 AGREEMENT WITH A DEALER WHICH HAS BEEN SIGNED BY BOTH PARTIES.
   2.  THE  MANUFACTURER OR DISTRIBUTOR SHALL DESIGNATE THE AREA OF SALES
 RESPONSIBILITY   EXCLUSIVELY   ASSIGNED   TO    A    DEALER    IN    THE
 MANUFACTURER/DEALER  AGREEMENT  AND MAY NOT CHANGE SUCH AREA OR CONTRACT
 WITH ANOTHER DEALER FOR SALE OF THE SAME  LINE-MAKE  IN  THE  DESIGNATED
 AREA DURING THE DURATION OF THE AGREEMENT.
   3.  THE  AREA  OF  SALES RESPONSIBILITY MAY NOT BE REVIEWED OR CHANGED
 WITHOUT THE CONSENT OF BOTH PARTIES UNTIL ONE YEAR AFTER  THE  EXECUTION
 OF THE MANUFACTURER/DEALER AGREEMENT.
   4.  A  RECREATION VEHICLE DEALER MAY NOT SELL A NEW RECREATION VEHICLE
 IN THIS STATE WITHOUT HAVING FIRST ENTERED  INTO  A  MANUFACTURER/DEALER
 AGREEMENT  WITH  A  MANUFACTURER OR DISTRIBUTOR WHICH HAS BEEN SIGNED BY
 BOTH PARTIES.
   § 1102. MANUFACTURER INITIATED TERMINATION, CANCELLATION,  AND  ALTER-
 ATION  OF  A  DEALERSHIP.  1. A MANUFACTURER OR DISTRIBUTOR, DIRECTLY OR
 THROUGH ANY AUTHORIZED OFFICER, AGENT OR EMPLOYEE,  MAY  NOT  TERMINATE,
 CANCEL  OR  FAIL  TO  RENEW A MANUFACTURER/DEALER AGREEMENT WITHOUT GOOD
 CAUSE. IF THE MANUFACTURER OR DISTRIBUTOR TERMINATES, CANCELS  OR  FAILS
 TO RENEW THE MANUFACTURER/DEALER AGREEMENT WITH GOOD CAUSE SECTION ELEV-
 EN HUNDRED FOUR OF THIS ARTICLE DOES NOT APPLY.
   2.  THE  MANUFACTURER  OR  DISTRIBUTOR  HAS THE BURDEN OF SHOWING GOOD
 CAUSE   FOR   TERMINATING,   CANCELING,   OR   FAILING   TO   RENEW    A
 MANUFACTURER/DEALER AGREEMENT WITH A DEALER. FOR PURPOSES OF DETERMINING
 WHETHER  THERE IS GOOD CAUSE FOR THE PROPOSED ACTION, ANY OF THE FOLLOW-
 ING FACTORS MAY BE CONSIDERED:
   (A) THE EXTENT OF THE AFFECTED DEALER'S PENETRATION  IN  THE  AREA  OF
 SALES RESPONSIBILITY.
   (B) THE NATURE AND EXTENT OF THE DEALER'S INVESTMENT IN ITS BUSINESS.
   (C) THE ADEQUACY OF THE DEALER'S SERVICE FACILITIES, EQUIPMENT, PARTS,
 SUPPLIES, AND PERSONNEL.
   (D) THE EFFECT OF THE PROPOSED ACTION ON THE COMMUNITY.
   (E)  THE  EXTENT  AND QUALITY OF THE DEALER'S SERVICE UNDER RECREATION
 VEHICLE WARRANTIES.
   (F) THE DEALER'S FAILURE TO FOLLOW AGREED-UPON PROCEDURES OR STANDARDS
 RELATED TO THE OVERALL OPERATION OF THE DEALERSHIP.
   (G)   THE   DEALER'S   PERFORMANCE   UNDER   THE    TERMS    OF    ITS
 MANUFACTURER/DEALER AGREEMENT.
   (H) VIOLATION OF THE MANUFACTURER/DEALER AGREEMENT.
   3.  EXCEPT  AS  OTHERWISE  PROVIDED IN THIS SECTION, A MANUFACTURER OR
 DISTRIBUTOR SHALL PROVIDE A DEALER WITH AT LEAST NINETY DAYS PRIOR WRIT-
 TEN  NOTICE  OF  TERMINATION,  CANCELLATION,  OR   NONRENEWAL   OF   THE
 MANUFACTURER/DEALER  AGREEMENT  IN  THE EVENT THE DEALER IS BEING TERMI-
 NATED FOR GOOD CAUSE.
   (A) THE NOTICE MUST STATE ALL REASONS FOR  THE  PROPOSED  TERMINATION,
 CANCELLATION,  OR  NONRENEWAL  AND  IF  THE TERMINATION, CANCELLATION OR
 NONRENEWAL IS BASED ON LACK OF PERFORMANCE, THE DEALER'S STOCKING HISTO-

 A. 6406                             5
 
 RY AND REASONABLE MARKET PERFORMANCE  MUST  BE  GIVEN  CONSIDERATION.  A
 DEALER'S  DUTY TO CURE AND EVALUATION OF SAME WILL INCLUDE CONSIDERATION
 OF SEASONAL VOLATILITY OF THE MARKET. THE NOTICE MUST FURTHER STATE THAT
 IF,  WITHIN  THIRTY  DAYS  FOLLOWING  RECEIPT  OF THE NOTICE, THE DEALER
 PROVIDES TO THE MANUFACTURER OR DISTRIBUTOR A WRITTEN NOTICE  OF  INTENT
 TO  CURE ALL CLAIMED DEFICIENCIES, THE DEALER WILL THEN HAVE NINETY DAYS
 FOLLOWING RECEIPT OF THE ORIGINAL NOTICE TO RECTIFY THE DEFICIENCIES.
   (B) IF THE DEFICIENCIES ARE RECTIFIED WITHIN NINETY DAYS, THE MANUFAC-
 TURER'S OR DISTRIBUTOR'S NOTICE  IS  VOIDED.  IF  THE  DEALER  FAILS  TO
 PROVIDE  THE  NOTICE OF INTENT TO CURE THE DEFICIENCIES OR FAILS TO CURE
 THE DEFICIENCIES IN THE PRESCRIBED TIME PERIOD, THE TERMINATION, CANCEL-
 LATION, OR NONRENEWAL TAKES EFFECT AS PROVIDED IN THE ORIGINAL NOTICE.
   (C) THE NOTICE PERIOD MAY BE REDUCED TO THIRTY DAYS IF THE MANUFACTUR-
 ER'S OR DISTRIBUTOR'S GROUNDS FOR TERMINATION, CANCELLATION, OR NONRENE-
 WAL ARE DUE TO ANY OF THE FOLLOWING GOOD CAUSE FACTORS:
   (I) A DEALER OR ONE OF ITS OWNERS BEING CONVICTED OF,  OR  ENTERING  A
 PLEA OF NOLO CONTENDERE TO, A FELONY;
   (II)  THE  ABANDONMENT  OR  CLOSING  OF THE BUSINESS OPERATIONS OF THE
 DEALER FOR TEN CONSECUTIVE BUSINESS DAYS UNLESS THE CLOSING IS DUE TO AN
 ACT OF GOD, STRIKE, LABOR DIFFICULTY, OR  OTHER  CAUSE  OVER  WHICH  THE
 DEALER HAS NO CONTROL;
   (III) A SIGNIFICANT MISREPRESENTATION BY THE DEALER MATERIALLY AFFECT-
 ING THE BUSINESS RELATIONSHIP;
   (IV) A SUSPENSION OR REVOCATION OF THE DEALER'S LICENSE, OR REFUSAL TO
 RENEW THE DEALER'S LICENSE, BY THE DEPARTMENT;
   (V)  A  MATERIAL  VIOLATION  OF THIS ARTICLE WHICH IS NOT CURED WITHIN
 THIRTY DAYS AFTER THE WRITTEN NOTICE BY THE MANUFACTURER; OR
   (VI) A DECLARATION BY THE DEALER  OF  BANKRUPTCY,  INSOLVENCY  OR  THE
 OCCURRENCE OF AN ASSIGNMENT FOR THE BENEFIT OF CREDITORS OR BANKRUPTCY.
   §  1103. DEALER INITIATED TERMINATION, CANCELLATION, AND ALTERATION OF
 A  DEALERSHIP.  1.      A   DEALER   MAY   TERMINATE   OR   CANCEL   ITS
 MANUFACTURER/DEALER AGREEMENT WITH A MANUFACTURER OR DISTRIBUTOR WITH OR
 WITHOUT  GOOD CAUSE BY GIVING THIRTY DAYS WRITTEN NOTICE.  IF THE TERMI-
 NATION OR CANCELLATION IS FOR GOOD CAUSE,  THE  NOTICE  MUST  STATE  ALL
 REASONS  FOR  THE  PROPOSED TERMINATION OR CANCELLATION AND MUST FURTHER
 STATE THAT IF, WITHIN THIRTY DAYS FOLLOWING RECEIPT OF THE  NOTICE,  THE
 MANUFACTURER  OR  DISTRIBUTOR PROVIDES TO THE DEALER A WRITTEN NOTICE OF
 INTENT TO CURE ALL CLAIMED DEFICIENCIES, THE MANUFACTURER OR DISTRIBUTOR
 WILL THEN HAVE NINETY DAYS FOLLOWING RECEIPT OF THE ORIGINAL  NOTICE  TO
 RECTIFY THE DEFICIENCIES. IF THE DEFICIENCIES ARE RECTIFIED WITHIN NINE-
 TY DAYS, THE DEALER'S NOTICE IS VOIDED. IF THE MANUFACTURER OR DISTRIBU-
 TOR  FAILS  TO  PROVIDE THE NOTICE OF INTENT TO CURE THE DEFICIENCIES OR
 FAILS TO CURE THE DEFICIENCIES IN THE TIME PERIOD PRESCRIBED, THE  PEND-
 ING  TERMINATION  OR CANCELLATION SHALL TAKE AS PROVIDED IN THE ORIGINAL
 NOTICE.
   2.  IF  THE  DEALER  TERMINATES,  CANCELS  OR  FAILS  TO   RENEW   THE
 MANUFACTURER/DEALER  AGREEMENT  WITHOUT GOOD CAUSE, THE TERMS OF SECTION
 ELEVEN HUNDRED FOUR OF THIS ARTICLE DO NOT APPLY. IF THE  DEALER  TERMI-
 NATES,  CANCELS OR FAILS TO RENEW THE MANUFACTURER/DEALER AGREEMENT WITH
 GOOD CAUSE, SECTION ELEVEN HUNDRED FOUR OF THIS ARTICLE WOULD APPLY.
   3. IF THE DEALER TERMINATES FOR CAUSE AND HAS NEW AND UNTITLED  INVEN-
 TORY  ON  HAND  SUBJECT  TO  THE TERMINATION, THAT INVENTORY MAY BE SOLD
 PURSUANT TO SUBDIVISION TWO OF SECTION ELEVEN HUNDRED FOUR OF THIS ARTI-
 CLE.

 A. 6406                             6
 
   4. THE DEALER HAS THE BURDEN OF SHOWING GOOD  CAUSE.  THE  TERM  "GOOD
 CAUSE"  FOR  THE PROPOSED TERMINATION, CANCELLATION OR NONRENEWAL ACTION
 BY A DEALER INCLUDES, BUT IS NOT LIMITED TO:
   (A)  A  MANUFACTURER  OR DISTRIBUTOR BEING CONVICTED OF, OR ENTERING A
 PLEA OF NOLO CONTENDERE TO, A FELONY.
   (B) THE BUSINESS OPERATIONS OF THE MANUFACTURER  OR  DISTRIBUTOR  HAVE
 BEEN  ABANDONED  OR CLOSED FOR TEN CONSECUTIVE BUSINESS DAYS, UNLESS THE
 CLOSING IS DUE TO AN ACT OF GOD,  STRIKE,  LABOR  DIFFICULTY,  OR  OTHER
 CAUSE OVER WHICH THE MANUFACTURER OR DISTRIBUTOR HAS NO CONTROL.
   (C) A SIGNIFICANT MISREPRESENTATION BY THE MANUFACTURER OR DISTRIBUTOR
 MATERIALLY AFFECTING THE BUSINESS RELATIONSHIP.
   (D)  A  MATERIAL  VIOLATION  OF THIS ARTICLE WHICH IS NOT CURED WITHIN
 THIRTY DAYS AFTER WRITTEN NOTICE BY THE DEALER.
   (E) A MATERIAL VIOLATION OF THE DEALER AGREEMENT BY  THE  MANUFACTURER
 OR DISTRIBUTOR.
   (F)  A  DECLARATION  BY THE MANUFACTURER OR DISTRIBUTOR OF BANKRUPTCY,
 INSOLVENCY, OR THE OCCURRENCE OF AN ASSIGNMENT FOR THE BENEFIT OF CREDI-
 TORS OR BANKRUPTCY.
   § 1104. REPURCHASE OF INVENTORY. 1.  IF THE MANUFACTURER/DEALER AGREE-
 MENT IS TERMINATED, CANCELED, OR NOT  RENEWED  BY  THE  MANUFACTURER  OR
 DISTRIBUTOR  AS  DEFINED  IN  SECTION ELEVEN HUNDRED TWO OF THIS ARTICLE
 WITHOUT  GOOD  CAUSE  OR  IF  THE  DEALER  TERMINATES  OR  CANCELS   THE
 MANUFACTURER/DEALER AGREEMENT FOR GOOD CAUSE AS DEFINED IN SECTION ELEV-
 EN  HUNDRED  THREE  OF THIS ARTICLE, AND THE MANUFACTURER OR DISTRIBUTOR
 FAILS TO CURE THE CLAIMED DEFICIENCIES AS PROVIDED IN SUCH SECTION,  THE
 MANUFACTURER  SHALL, AT THE ELECTION OF THE DEALER AND WITHIN FORTY-FIVE
 DAYS AFTER TERMINATION, CANCELLATION, OR NONRENEWAL, REPURCHASE:
   (A) ALL NEW, UNTITLED RECREATION VEHICLES TO WHICH THE DEALER CAN SHOW
 CLEAR TITLE AND THAT WERE ACQUIRED FROM THE MANUFACTURER OR  DISTRIBUTOR
 WITHIN EIGHTEEN MONTHS BEFORE THE EFFECTIVE DATE OF THE NOTICE OF TERMI-
 NATION,  CANCELLATION, OR NONRENEWAL THAT HAVE NOT BEEN USED, EXCEPT FOR
 DEMONSTRATION PURPOSES, AND THAT HAVE NOT BEEN ALTERED  OR  DAMAGED,  AT
 ONE  HUNDRED  PERCENT OF THE NET INVOICE COST, INCLUDING TRANSPORTATION,
 LESS APPLICABLE REBATES AND DISCOUNTS TO THE DEALER. IN THE EVENT ANY OF
 THE VEHICLES REPURCHASED PURSUANT TO THIS SUBDIVISION ARE  DAMAGED,  BUT
 DO  NOT  TRIGGER  A  CONSUMER DISCLOSURE REQUIREMENT, THE AMOUNT DUE THE
 DEALER SHALL BE REDUCED BY THE COST TO REPAIR THE VEHICLE. DAMAGE  PRIOR
 TO DELIVERY TO DEALER THAT IS DISCLOSED AT THE TIME OF DELIVERY WILL NOT
 DISQUALIFY REPURCHASE UNDER THIS PROVISION;
   (B) ALL UNDAMAGED ACCESSORIES AND PROPRIETARY PARTS SOLD TO THE DEALER
 FOR  RESALE WITHIN THE TWELVE MONTHS PRIOR TO TERMINATION, CANCELLATION,
 OR NONRENEWAL, IF ACCOMPANIED BY THE ORIGINAL INVOICE,  AT  ONE  HUNDRED
 FIVE  PERCENT  OF  THE  ORIGINAL  NET  PRICE PAID TO THE MANUFACTURER OR
 DISTRIBUTOR TO COMPENSATE THE DEALER FOR HANDLING, PACKING, AND SHIPPING
 THE PARTS; AND
   (C) ANY PROPERLY  FUNCTIONING  DIAGNOSTIC  EQUIPMENT,  SPECIAL  TOOLS,
 CURRENT SIGNAGE, OR OTHER EQUIPMENT AND MACHINERY WHICH WAS PURCHASED BY
 THE  DEALER  UPON  THE MANUFACTURER OR DISTRIBUTOR'S REQUEST WITHIN FIVE
 YEARS PRIOR TO THE TERMINATION, CANCELLATION, OR  NONRENEWAL  AND  WHICH
 CAN NO LONGER BE USED IN THE NORMAL COURSE OF THE DEALER'S ONGOING BUSI-
 NESS.
   2. SALE OF REMAINING INVENTORY AFTER TERMINATION.
   (A)  THE DEPARTMENT SHALL NOT PROHIBIT A NEW RECREATION VEHICLE DEALER
 FROM SELLING THE REMAINING IN-STOCK RECREATION VEHICLES OF  A  LINE-MAKE
 SUBJECT  TO  A  DEALER  AGREEMENT  AFTER  THAT DEALER AGREEMENT HAS BEEN

 A. 6406                             7
 
 TERMINATED OR NOT RENEWED PURSUANT TO THE PROVISIONS OF  SECTION  ELEVEN
 HUNDRED TWO OR ELEVEN HUNDRED THREE OF THIS ARTICLE.
   (B) IF RECREATION VEHICLES OF A LINE-MAKE THAT WAS SUBJECT TO A TERMI-
 NATED DEALER AGREEMENT ARE NOT REPURCHASED OR REQUIRED TO BE REPURCHASED
 BY  THE MANUFACTURER OR DISTRIBUTOR, THE DEALER MAY CONTINUE TO SELL ALL
 RECREATION VEHICLES THAT WERE SUBJECT TO THE TERMINATED DEALER AGREEMENT
 AND WERE IN THE DEALER'S INVENTORY ON THE EFFECTIVE DATE OF  THE  TERMI-
 NATION  UNTIL  THOSE  RECREATION  VEHICLES ARE NO LONGER IN THE DEALER'S
 INVENTORY.
   § 1105. TRANSFER OF  DEALERSHIP/FAMILY  SUCCESSION.  1.  IF  A  DEALER
 DESIRES  TO  MAKE  A  CHANGE  IN  OWNERSHIP  BY THE SALE OF THE BUSINESS
 ASSETS, STOCK TRANSFER, OR OTHERWISE, THE DEALER SHALL GIVE THE MANUFAC-
 TURER OR DISTRIBUTOR WRITTEN  NOTICE  AT  LEAST  FIFTEEN  BUSINESS  DAYS
 BEFORE  THE  CLOSING,  INCLUDING  ALL SUPPORTING DOCUMENTATION AS MAY BE
 REASONABLY REQUIRED BY THE MANUFACTURER OR DISTRIBUTOR TO  DETERMINE  IF
 AN  OBJECTION TO THE SALE MAY BE MADE. IN THE ABSENCE OF A BREACH BY THE
 SELLING DEALER OF ITS DEALER AGREEMENT OR THIS CHAPTER, THE MANUFACTURER
 OR DISTRIBUTOR SHALL NOT OBJECT TO  THE  PROPOSED  CHANGE  IN  OWNERSHIP
 UNLESS THE PROSPECTIVE TRANSFEREE:
   (A)  HAS PREVIOUSLY BEEN TERMINATED BY THE MANUFACTURER OR DISTRIBUTOR
 FOR BREACH OF ITS DEALER AGREEMENT;
   (B) HAS BEEN CONVICTED OF A FELONY OR ANY CRIME OF FRAUD,  DECEIT,  OR
 MORAL TURPITUDE;
   (C) LACKS ANY LICENSE REQUIRED BY LAW;
   (D)  DOES  NOT  HAVE AN ACTIVE LINE OF CREDIT SUFFICIENT TO PURCHASE A
 MANUFACTURER'S OR DISTRIBUTOR'S PRODUCT; OR
   (E) HAS UNDERGONE IN THE LAST  TEN  YEARS  BANKRUPTCY,  INSOLVENCY,  A
 GENERAL ASSIGNMENT FOR THE BENEFIT OF CREDITORS, OR THE APPOINTMENT OF A
 RECEIVER, TRUSTEE, OR CONSERVATOR TO TAKE POSSESSION OF THE TRANSFEREE'S
 BUSINESS OR PROPERTY.
   2. IF THE MANUFACTURER OR DISTRIBUTOR OBJECTS TO  A PROPOSED CHANGE OF
 OWNERSHIP,  THE MANUFACTURER OR DISTRIBUTOR SHALL GIVE WRITTEN NOTICE OF
 ITS REASONS TO  THE DEALER WITHIN TEN BUSINESS DAYS AFTER RECEIPT OF THE
 DEALER'S NOTIFICATION AND COMPLETE DOCUMENTATION.  THE  MANUFACTURER  OR
 DISTRIBUTOR HAS THE BURDEN OF PROOF WITH REGARD TO ITS OBJECTION. IF THE
 MANUFACTURER   OR  DISTRIBUTOR  DOES  NOT  GIVE  TIMELY  NOTICE  OF  ITS
 OBJECTION, THE CHANGE OR SALE SHALL BE DEEMED APPROVED.
   3. IT IS UNLAWFUL FOR A MANUFACTURER OR DISTRIBUTOR TO FAIL TO PROVIDE
 A DEALER AN OPPORTUNITY TO DESIGNATE, IN WRITING, A FAMILY MEMBER  AS  A
 SUCCESSOR  TO  THE  DEALERSHIP IN THE EVENT OF THE DEATH, INCAPACITY, OR
 RETIREMENT OF THE DEALER. IT IS UNLAWFUL TO PREVENT OR REFUSE  TO  HONOR
 THE SUCCESSION TO A DEALERSHIP BY A FAMILY MEMBER OF THE DECEASED, INCA-
 PACITATED,  OR RETIRED DEALER UNLESS THE MANUFACTURER OR DISTRIBUTOR HAS
 PROVIDED TO THE DEALER WRITTEN NOTICE OF ITS OBJECTIONS WITHIN TEN  DAYS
 AFTER  RECEIPT  OF  THE DEALER'S MODIFICATION OF THE DEALER'S SUCCESSION
 PLAN. IN THE ABSENCE OF A BREACH OF THE DEALER AGREEMENT,  THE  MANUFAC-
 TURER  OR  DISTRIBUTOR  MAY  OBJECT  TO THE SUCCESSION FOR THE FOLLOWING
 REASONS ONLY:
   (A) CONVICTION OF THE SUCCESSOR OF A FELONY OR  ANY  CRIME  OF  FRAUD,
 DECEIT, OR MORAL TURPITUDE;
   (B)  BANKRUPTCY  OR  INSOLVENCY  OF  THE SUCCESSOR DURING THE PAST TEN
 YEARS;
   (C) PRIOR TERMINATION  BY  THE  MANUFACTURER  OR  DISTRIBUTOR  OF  THE
 SUCCESSOR FOR BREACH OF A DEALER AGREEMENT;
   (D)  THE LACK OF AN ACTIVE LINE OF CREDIT FOR THE SUCCESSOR SUFFICIENT
 TO PURCHASE THE MANUFACTURER'S OR DISTRIBUTOR'S PRODUCT; OR

 A. 6406                             8
 
   (E) THE LACK OF ANY LICENSE FOR THE SUCCESSOR REQUIRED BY LAW.
   4.  THE  MANUFACTURER OR DISTRIBUTOR HAS THE BURDEN OF PROOF REGARDING
 ITS OBJECTION. HOWEVER, A FAMILY MEMBER MAY NOT SUCCEED TO A  DEALERSHIP
 IF  THE SUCCESSION INVOLVES, WITHOUT THE MANUFACTURER'S OR DISTRIBUTOR'S
 CONSENT, A RELOCATION OF THE BUSINESS OR AN ALTERATION OF THE TERMS  AND
 CONDITIONS OF THE MANUFACTURER/DEALER AGREEMENT.
   § 1106. WARRANTY OBLIGATIONS. 1. EACH WARRANTOR SHALL:
   (A) SPECIFY IN WRITING TO EACH OF ITS DEALERS OBLIGATIONS, IF ANY, FOR
 PREPARATION, DELIVERY, AND WARRANTY SERVICE ON ITS PRODUCTS;
   (B)  COMPENSATE THE DEALER FOR WARRANTY SERVICE REQUIRED OF THE DEALER
 BY THE WARRANTOR; AND
   (C) PROVIDE THE DEALER THE SCHEDULE OF COMPENSATION TO BE PAID AND THE
 TIME ALLOWANCES FOR THE PERFORMANCE OF ANY WORK AND SERVICE. THE  SCHED-
 ULE  OF COMPENSATION MUST INCLUDE REASONABLE COMPENSATION FOR DIAGNOSTIC
 WORK AS WELL AS WARRANTY LABOR.
   2. TIME ALLOWANCES FOR THE DIAGNOSIS AND PERFORMANCE OF WARRANTY LABOR
 MUST BE REASONABLE FOR THE WORK TO BE PERFORMED. IN THE DETERMINATION OF
 WHAT CONSTITUTES REASONABLE COMPENSATION UNDER THIS SECTION, THE PRINCI-
 PAL FACTORS TO BE GIVEN CONSIDERATION SHALL BE  THE  ACTUAL  WAGE  RATES
 BEING PAID BY THE DEALER, AND THE ACTUAL RETAIL LABOR RATE BEING CHARGED
 BY  THE  DEALERS IN THE COMMUNITY IN WHICH THE DEALER IS DOING BUSINESS.
 SUCH COMPARISONS SHALL BE WITH DEALERS OF SIMILAR SIZE,  CAPABILITY  AND
 INVESTMENT.  THE  COMPENSATION OF A DEALER FOR WARRANTY LABOR MAY NOT BE
 LESS THAN THE LOWEST RETAIL LABOR RATES ACTUALLY CHARGED BY  THE  DEALER
 FOR LIKE NON-WARRANTY LABOR AS LONG AS SUCH RATES ARE REASONABLE.
   3.  THE  WARRANTOR  SHALL  REIMBURSE THE DEALER FOR ANY WARRANTY PART,
 ACCESSORY OR COMPLETE COMPONENT AT ACTUAL WHOLESALE COST PLUS A  MINIMUM
 THIRTY  PERCENT  HANDLING  CHARGE  UP  TO A MAXIMUM OF ONE HUNDRED FIFTY
 DOLLARS AND THE COST, IF ANY, OF FREIGHT TO RETURN  SUCH  PARTS,  COMPO-
 NENTS, OR ACCESSORIES TO THE WARRANTOR.
   4. WARRANTY AUDITS OF DEALER RECORDS MAY BE CONDUCTED BY THE WARRANTOR
 ON  A  REASONABLE BASIS, AND DEALER CLAIMS FOR WARRANTY COMPENSATION MAY
 NOT BE DENIED EXCEPT FOR CAUSE,  SUCH  AS  PERFORMANCE  OF  NON-WARRANTY
 REPAIRS,  MATERIAL NONCOMPLIANCE WITH THE WARRANTOR'S PUBLISHED POLICIES
 AND PROCEDURES, LACK OF MATERIAL DOCUMENTATION, FRAUD,  OR  MISREPRESEN-
 TATION.
   5.  THE  DEALER  SHALL  SUBMIT  WARRANTY CLAIMS WITHIN FORTY-FIVE DAYS
 AFTER COMPLETING WORK.
   6. THE DEALER SHALL IMMEDIATELY NOTIFY THE WARRANTOR IN  WRITING  UPON
 RECEIPT OF ANY WRITTEN COMPLAINTS FROM A CONSUMER REGARDING ANY WARRANTY
 REPAIRS.
   7.  THE  WARRANTOR  SHALL DISAPPROVE WARRANTY CLAIMS IN WRITING WITHIN
 FORTY-FIVE DAYS AFTER THE DATE OF SUBMISSION BY THE DEALER IN THE MANNER
 AND FORM PRESCRIBED BY THE WARRANTOR.  CLAIMS  NOT  SPECIFICALLY  DISAP-
 PROVED  IN  WRITING  WITHIN  FORTY-FIVE  DAYS  SHALL  BE CONSTRUED TO BE
 APPROVED AND MUST BE PAID WITHIN SIXTY DAYS OF SUBMISSION.
   8. IT IS A VIOLATION OF THIS ARTICLE FOR ANY WARRANTOR TO:
   (A) FAIL TO PERFORM ANY OF ITS WARRANTY OBLIGATIONS  WITH  RESPECT  TO
 ITS WARRANTED PRODUCTS;
   (B) FAIL TO INCLUDE, IN WRITTEN NOTICES OF FACTORY CAMPAIGNS TO RECRE-
 ATION  VEHICLE  OWNERS AND DEALERS, THE EXPECTED DATE BY WHICH NECESSARY
 PARTS AND EQUIPMENT, INCLUDING TIRES AND CHASSIS OR CHASSIS PARTS,  WILL
 BE  AVAILABLE TO DEALERS TO PERFORM THE CAMPAIGN WORK. THE WARRANTOR MAY
 SHIP PARTS TO THE DEALER TO EFFECT THE CAMPAIGN WORK, AND, IF SUCH PARTS
 ARE IN EXCESS OF THE DEALER'S REQUIREMENTS, THE DEALER MAY RETURN UNUSED
 PARTS TO THE WARRANTOR FOR CREDIT AFTER COMPLETION OF THE CAMPAIGN;

 A. 6406                             9
 
   (C) FAIL TO COMPENSATE ANY  OF  ITS  DEALERS  FOR  AUTHORIZED  REPAIRS
 EFFECTED  BY  THE  DEALER  ON RECREATION VEHICLES OR PRODUCTS DAMAGED IN
 MANUFACTURE OR TRANSIT TO THE DEALER, IF THE CARRIER  IS  DESIGNATED  BY
 THE WARRANTOR, FACTORY BRANCH, DISTRIBUTOR, OR DISTRIBUTOR BRANCH;
   (D) FAIL TO COMPENSATE ANY OF ITS DEALERS IN ACCORDANCE WITH THE SCHE-
 DULE  OF COMPENSATION PROVIDED TO THE DEALER PURSUANT TO THIS SECTION IF
 PERFORMED IN A TIMELY AND COMPETENT MANNER;
   (E) INTENTIONALLY MISREPRESENT IN ANY WAY TO PURCHASERS OF  RECREATION
 VEHICLES  THAT  WARRANTIES WITH RESPECT TO THE MANUFACTURE, PERFORMANCE,
 OR DESIGN OF THE VEHICLE ARE MADE BY THE DEALER AS WARRANTOR OR  CO-WAR-
 RANTOR; OR
   (F)  REQUIRE  THE DEALER TO MAKE WARRANTIES TO CUSTOMERS IN ANY MANNER
 RELATED TO THE MANUFACTURE OF THE RECREATION VEHICLE.
   9. IT IS A VIOLATION OF THIS ARTICLE FOR ANY DEALER TO:
   (A) FAIL TO PERFORM PRE-DELIVERY INSPECTION FUNCTIONS, AS SPECIFIED BY
 THE WARRANTOR, IN A COMPETENT AND TIMELY MANNER;
   (B) FAIL TO PERFORM WARRANTY SERVICE WORK AUTHORIZED BY THE  WARRANTOR
 IN  A REASONABLY COMPETENT AND TIMELY MANNER ON ANY TRANSIENT CUSTOMER'S
 VEHICLE OF THE SAME LINE-MAKE;
   (C) FAIL TO ACCURATELY DOCUMENT THE TIME SPENT COMPLETING EACH REPAIR,
 THE TOTAL NUMBER OF REPAIR ATTEMPTS CONDUCTED ON A SINGLE UNIT, AND  THE
 NUMBER  OF  REPAIR  ATTEMPTS  FOR  THE SAME REPAIR CONDUCTED ON A SINGLE
 VEHICLE;
   (D) FAIL TO MAINTAIN WRITTEN RECORDS, INCLUDING  A  CONSUMER'S  SIGNA-
 TURE,  REGARDING  THE AMOUNT OF TIME A UNIT IS STORED FOR THE CONSUMER'S
 CONVENIENCE DURING A REPAIR; OR
   (E) MAKE FRAUDULENT WARRANTY CLAIMS OR MISREPRESENT THE TERMS  OF  ANY
 WARRANTY.
   10.  A  DEALER  SHALL TAKE REASONABLE STEPS TO NOTIFY A WARRANTOR OF A
 SECOND REPAIR ATTEMPT, IF THE DEALER HAS  KNOWLEDGE  OF  BOTH  ATTEMPTS,
 WHICH  IMPAIRS  THE  USE  OR SAFETY OF THE VEHICLE. FAILURE TO MAKE SUCH
 NOTIFICATION IS NOT A CAUSE FOR TERMINATION.
   § 1107. INDEMNIFICATION. NOTWITHSTANDING THE TERMS OF ANY  MANUFACTUR-
 ER-DEALER AGREEMENT, IT IS A VIOLATION OF THIS ARTICLE FOR:
   1.  A  WARRANTOR TO FAIL TO INDEMNIFY AND HOLD HARMLESS ITS NEW RECRE-
 ATION VEHICLE DEALER AGAINST ANY LOSSES OR DAMAGES TO  THE  EXTENT  THAT
 THE LOSSES OR DAMAGES ARE CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT
 OF  THE  WARRANTOR.  A  NEW  RECREATION VEHICLE DEALER MAY NOT BE DENIED
 INDEMNIFICATION FOR FAILING TO DISCOVER, DISCLOSE, OR REMEDY A DEFECT IN
 THE DESIGN OR MANUFACTURING OF A NEW RECREATION VEHICLE  OR  NEW  RECRE-
 ATION TRAILER.  A NEW RECREATION VEHICLE DEALER MAY BE DENIED INDEMNIFI-
 CATION  IF THE NEW RECREATION VEHICLE DEALER FAILS TO REMEDY A KNOWN AND
 ANNOUNCED DEFECT IN  ACCORDANCE  WITH  THE  WRITTEN  INSTRUCTIONS  OF  A
 WARRANTOR  FOR  WHOM  THE  NEW RECREATION VEHICLE DEALER IS OBLIGATED TO
 PERFORM WARRANTY SERVICE. A NEW RECREATION VEHICLE DEALER SHALL  PROVIDE
 TO  A  WARRANTOR  A COPY OF ANY PENDING LAWSUIT IN WHICH ALLEGATIONS ARE
 MADE THAT ARE COVERED BY THE PROVISIONS OF THIS SUBDIVISION  WITHIN  TEN
 DAYS  AFTER RECEIVING SUCH SUIT. NOTWITHSTANDING ANYTHING TO THE CONTRA-
 RY, THIS SUBDIVISION SHALL CONTINUE TO APPLY EVEN AFTER THE  NEW  RECRE-
 ATION VEHICLE OR NEW RECREATION TRAILER IS TITLED.
   2. A NEW RECREATION VEHICLE DEALER TO FAIL TO INDEMNIFY AND HOLD HARM-
 LESS  ITS WARRANTOR AGAINST ANY LOSSES OR DAMAGES TO THE EXTENT THAT THE
 LOSSES OR DAMAGES ARE CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT  OF
 THE  NEW  RECREATION  VEHICLE DEALER. A WARRANTOR SHALL PROVIDE TO A NEW
 RECREATION VEHICLE DEALER A COPY  OF  ANY  PENDING  LAWSUIT  OR  SIMILAR
 PROCEEDING IN WHICH ALLEGATIONS ARE MADE THAT COME WITHIN THE PROVISIONS

 A. 6406                            10
 
 OF  THIS  SECTION  WITHIN  TEN DAYS AFTER RECEIVING SUCH SUIT.  NOTWITH-
 STANDING ANYTHING TO THE CONTRARY, THIS SUBDIVISION  SHALL  CONTINUE  TO
 APPLY EVEN AFTER THE NEW RECREATION VEHICLE OR NEW RECREATION TRAILER IS
 TITLED.
   §  1108.  INSPECTION  AND  REJECTION BY THE DEALER. 1.  WHENEVER A NEW
 RECREATION VEHICLE IS DAMAGED PRIOR TO  TRANSIT  TO  THE  DEALER  OR  IS
 DAMAGED  IN TRANSIT TO THE DEALER WHEN THE CARRIER OR MEANS OF TRANSPOR-
 TATION HAS BEEN SELECTED BY THE MANUFACTURER OR DISTRIBUTOR, THE  DEALER
 SHALL  NOTIFY  THE  MANUFACTURER OR DISTRIBUTOR OF THE DAMAGE WITHIN THE
 TIMEFRAME SPECIFIED IN THE MANUFACTURER/DEALER AGREEMENT AND:
   (A) REQUEST FROM THE  MANUFACTURER  OR  DISTRIBUTOR  AUTHORIZATION  TO
 REPLACE  THE  COMPONENTS,  PARTS,  AND  ACCESSORIES DAMAGED OR OTHERWISE
 CORRECT THE DAMAGE; OR
   (B) REJECT THE VEHICLE WITHIN THE TIMEFRAME SET FORTH  IN  SUBDIVISION
 FOUR OF THIS SECTION.
   2.  IF  THE  MANUFACTURER OR DISTRIBUTOR REFUSES OR FAILS TO AUTHORIZE
 REPAIR OF SUCH DAMAGE WITHIN TEN DAYS AFTER RECEIPT OF NOTIFICATION,  OR
 IF  THE  DEALER REJECTS THE RECREATION VEHICLE BECAUSE OF DAMAGE, OWNER-
 SHIP OF THE NEW RECREATION VEHICLE SHALL REVERT TO THE  MANUFACTURER  OR
 DISTRIBUTOR.
   3. THE DEALER SHALL EXERCISE DUE CARE IN CUSTODY OF THE DAMAGED RECRE-
 ATION VEHICLE, BUT THE DEALER SHALL HAVE NO OTHER OBLIGATIONS, FINANCIAL
 OR OTHERWISE, WITH RESPECT TO THAT RECREATIONAL VEHICLE.
   4.  THE  TIMEFRAME  FOR INSPECTION AND REJECTION BY THE DEALER MUST BE
 PART OF THE MANUFACTURER/DEALER AGREEMENT AND MAY NOT BE LESS  THAN  TWO
 BUSINESS DAYS AFTER THE PHYSICAL DELIVERY OF THE RECREATION VEHICLE.
   5.  ANY  RECREATION  VEHICLE  THAT HAS, AT THE TIME OF DELIVERY TO THE
 DEALER, AN UNREASONABLE AMOUNT OF MILES ON ITS ODOMETER,  AS  DETERMINED
 BY  THE  DEALER, MAY BE SUBJECT TO REJECTION BY THE DEALER AND REVERSION
 OF THE RECREATION VEHICLE TO THE  MANUFACTURER  OR  DISTRIBUTOR.  IN  NO
 INSTANCE  SHALL  A  DEALER DEEM AN AMOUNT LESS THAN THE DISTANCE BETWEEN
 THE DEALER AND THE MANUFACTURER'S FACTORY OR A  DISTRIBUTOR'S  POINT  OF
 DISTRIBUTION, PLUS ONE HUNDRED MILES, AS UNREASONABLE.
   §  1109. COERCION OF DEALER PROHIBITED. 1. A MANUFACTURER OR DISTRIBU-
 TOR MAY NOT COERCE OR ATTEMPT TO COERCE A DEALER TO:
   (A) PURCHASE A PRODUCT THAT THE DEALER DID NOT ORDER;
   (B) ENTER INTO AN AGREEMENT WITH THE MANUFACTURER OR DISTRIBUTOR; OR
   (C) ENTER INTO AN AGREEMENT THAT REQUIRES THE  DEALER  TO  SUBMIT  ITS
 DISPUTES  TO  BINDING ARBITRATION OR OTHERWISE WAIVE RIGHTS OR RESPONSI-
 BILITIES PROVIDED UNDER THIS ARTICLE.
   2. AS USED IN THIS SECTION, THE TERM "COERCE"  INCLUDES,  BUT  IS  NOT
 LIMITED   TO,   THREATENING   TO  TERMINATE,  CANCEL,  OR  NOT  RENEW  A
 MANUFACTURER/DEALER AGREEMENT WITHOUT GOOD CAUSE OR THREATENING TO WITH-
 HOLD PRODUCT LINES THE DEALER IS ENTITLED TO PURCHASE  PURSUANT  TO  THE
 MANUFACTURER/DEALER AGREEMENT OR DELAY PRODUCT DELIVERY AS AN INDUCEMENT
 TO AMENDING THE MANUFACTURER/DEALER AGREEMENT.
   §   1110.   PRESERVATION  OF  CONSUMER  PROTECTION  STATUTES.  NOTHING
 CONTAINED IN THIS ARTICLE SHALL IN ANY WAY BE CONSTRUED  OR  INTERPRETED
 TO  MODIFY,  LIMIT  OR  AFFECT  THE FULL POWERS AND DUTIES HERETOFORE OR
 HEREAFTER GRANTED TO CONSUMER PROTECTION AGENCIES CREATED BY STATUTE  OR
 REGULATION  ENACTED  BY  STATE, CITY, COUNTY OR LOCAL MUNICIPALITIES AND
 THE RIGHTS OF CONSUMERS TO MAKE COMPLAINTS THERETO, IT BEING THE  INTENT
 OF  THIS  ARTICLE  TO PROVIDE FOR THE SETTLEMENT AND/OR DETERMINATION OF
 DISPUTES UNDER THIS ARTICLE  AS  BETWEEN  DEALERS  AND  DISTRIBUTORS  AS
 DEFINED IN SECTION ELEVEN HUNDRED OF THIS ARTICLE.

 A. 6406                            11

   §  1111.  PRIVATE ACTIONS. 1. A DEALER WHO IS OR MAY BE AGGRIEVED BY A
 VIOLATION OF THIS ARTICLE SHALL BE ENTITLED TO REQUEST  AN  ADJUDICATORY
 PROCEEDING,  AS  PRESCRIBED  IN  SECTION  ELEVEN HUNDRED FIFTEEN OF THIS
 ARTICLE, OR IN LIEU THEREOF, SUE FOR, AND HAVE,  INJUNCTIVE  RELIEF  AND
 DAMAGES  IN ANY COURT OF THE STATE HAVING JURISDICTION OVER THE PARTIES.
 IN ANY SUCH JUDICIAL ACTION OR PROCEEDING, THE COURT MAY AWARD NECESSARY
 COSTS AND DISBURSEMENTS PLUS A REASONABLE ATTORNEY'S FEE TO ANY PARTY.
   2. WHENEVER A DEALER PROVIDES FOR THE USE OF ARBITRATION TO RESOLVE  A
 CONTROVERSY ARISING OUT OF OR RELATING TO SUCH CONTRACT, ARBITRATION MAY
 BE USED TO SETTLE SUCH CONTROVERSY ONLY IF AFTER SUCH CONTROVERSY ARISES
 ALL PARTIES TO SUCH CONTROVERSY CONSENT IN WRITING TO USE ARBITRATION TO
 SETTLE SUCH CONTROVERSY.
   §  1112. POWERS OF THE COMMISSIONER OF MOTOR VEHICLES.  1. IN ADDITION
 TO ANY OTHER POWERS AND DUTIES OF THE COMMISSIONER OF MOTOR VEHICLES SET
 FORTH IN THE VEHICLE AND TRAFFIC LAW, SUCH COMMISSIONER SHALL  HAVE  THE
 POWER  TO  ENFORCE  THE  PROVISIONS  OF THIS ARTICLE, IN ACCORDANCE WITH
 SECTION ELEVEN HUNDRED FIFTEEN OF THIS ARTICLE.
   2. THE COMMISSIONER OF MOTOR VEHICLES SHALL PRESCRIBE SUCH  RULES  AND
 REGULATIONS  AS SUCH COMMISSIONER SHALL DEEM NECESSARY FOR THE IMPLEMEN-
 TATION OF THIS SECTION AND SECTION ELEVEN HUNDRED FIFTEEN OF THIS  ARTI-
 CLE.
   §  1113. CONSTRUCTION OF ARTICLE. THE PROVISIONS OF THIS ARTICLE SHALL
 BE IN ADDITION TO AND NOT IN LIEU OF  THOSE  CONTAINED  IN  THE  UNIFORM
 COMMERCIAL CODE.
   §  1114.  NOTICE  REQUIREMENT. 1. A DEALER SHALL NOT DISPLAY FOR SALE,
 EXCHANGE OR SELL ANY NEW RECREATION  VEHICLE,  OR  ANY  USED  RECREATION
 VEHICLE,  THAT  WAS ORIGINALLY SOLD BY A MANUFACTURER OR DISTRIBUTOR FOR
 DISTRIBUTION OUTSIDE THE UNITED STATES WITHOUT PROMINENTLY DISPLAYING  A
 LABEL  ON  SUCH RECREATION VEHICLE STATING THAT "THIS RECREATION VEHICLE
 WAS NOT SOLD BY THE MANUFACTURER OR DISTRIBUTOR FOR DISTRIBUTION  WITHIN
 THE UNITED STATES. IT MAY NOT HAVE THE SAME STANDARD FEATURES, EMISSIONS
 EQUIPMENT,  SAFETY  EQUIPMENT,  OPTIONAL  EQUIPMENT,  SPECIFICATIONS AND
 WARRANTY, OR OTHERWISE BE IDENTICAL TO OTHER RECREATION  VEHICLES  WHICH
 ARE  SOLD  BY  THE  MANUFACTURER  OR DISTRIBUTOR FOR DISTRIBUTION IN THE
 UNITED STATES".
   2. ANY PERSON WHO VIOLATES THIS SECTION AND ANY PERSON  WHO  KNOWINGLY
 AIDS AND ABETS ANY SUCH VIOLATION OF THIS SECTION SHALL BE LIABLE TO ANY
 PERSON  AGGRIEVED  TO  THE  EXTENT  OF ANY ADDITIONAL MARGIN OBTAINED OR
 OBTAINABLE ON SUCH PURCHASE AND RESALE.
   § 1115. ADJUDICATORY  PROCEEDINGS.  1.  REQUEST  FOR  AN  ADJUDICATORY
 PROCEEDING.  (A) ANY DEALER WHO IS OR MAY BE AGGRIEVED BY A VIOLATION OF
 THIS ARTICLE MAY REQUEST MEDIATION WITH THE MANUFACTURER OR DISTRIBUTOR.
 THE REQUEST FOR MEDIATION SHALL BE SERVED BY CERTIFIED MAIL, OR IN  SUCH
 MANNER AS THE DEALER AND THE MANUFACTURER OR DISTRIBUTOR HAVE AGREED. IF
 THE  DEALER AGREES TO MEDIATION, SUCH MEDIATION SHALL PROCEED IN ACCORD-
 ANCE WITH THE TERMS AS AGREED UPON BY THE  DEALER  AND  MANUFACTURER  OR
 DISTRIBUTOR;  PROVIDED,  HOWEVER, THAT IF THE DEALER AND MANUFACTURER OR
 DISTRIBUTOR HAVE NOT AGREED UPON THE TERMS OF MEDIATION (I)  THE  DEALER
 AND THE MANUFACTURER OR DISTRIBUTOR SHALL SELECT A MEDIATOR WITHIN SEVEN
 DAYS  OF  SERVICE  BY THE MANUFACTURER OR DISTRIBUTOR OF THE REQUEST FOR
 MEDIATION; (II) THE MEDIATION SHALL BE COMPLETED WITHIN TWENTY-ONE  DAYS
 OF  SELECTION  OF  THE MEDIATOR, OR WITHIN SUCH PERIOD AS THE DEALER AND
 THE MANUFACTURER OR DISTRIBUTOR SHALL AGREE; AND (III) THE COST OF MEDI-
 ATION SHALL BE SHARED EQUALLY BY THE PARTIES. IF THE MATTER IS  RESOLVED
 BY MEDIATION, A WRITTEN MEMORANDUM OF THE AGREEMENT SHALL BE EXECUTED BY
 THE MEDIATOR, THE DEALER, AND THE MANUFACTURER OR DISTRIBUTOR.

 A. 6406                            12
 
   (B)  IF  THE MATTER HAS NOT BEEN RESOLVED BY MEDIATION, THE DEALER AND
 THE MANUFACTURER OR DISTRIBUTOR HAVE NOT AGREED  TO  MEDIATION,  OR  THE
 MEDIATION HAS NOT BEEN COMPLETED WITHIN THE PERIOD SET FORTH IN SUBPARA-
 GRAPH  (II)  OF  PARAGRAPH  (A) OF THIS SUBDIVISION, THE MANUFACTURER OR
 DISTRIBUTOR  MAY  FILE WITH THE COMMISSIONER OF MOTOR VEHICLES A REQUEST
 FOR AN ADJUDICATORY PROCEEDING PURSUANT TO  THIS  SECTION.  THE  REQUEST
 SHALL BE IN WRITING AND CONTAIN A SHORT AND PLAIN STATEMENT OF THE FACTS
 RELIED  UPON  BY  THE DEALER TO SUPPORT A CLAIM THAT THE MANUFACTURER OR
 DISTRIBUTOR HAS VIOLATED ONE OR MORE SPECIFIC PROVISIONS OF THIS ARTICLE
 TOGETHER WITH A REQUEST FOR A SPECIFIC REMEDY OTHER  THAN  DAMAGES.  THE
 REQUEST SHALL BE ACCOMPANIED BY COPIES OF ALL CORRESPONDENCE BETWEEN THE
 DEALER  AND THE MANUFACTURER OR DISTRIBUTOR AND OTHER DOCUMENTS RELEVANT
 TO THE CLAIMS MADE IN THE REQUEST. THE REQUEST SHALL BE ACCOMPANIED BY A
 NON-REFUNDABLE FILING FEE OF TWO THOUSAND DOLLARS.
   (C) A TRUE COPY OF THE REQUEST WITH COPIES OF ALL DOCUMENTS FILED WITH
 THE REQUEST SHALL BE SERVED UPON THE MANUFACTURER OR DISTRIBUTOR AT  THE
 SAME  TIME  AS THE REQUEST IS FILED WITH THE COMMISSIONER OF MOTOR VEHI-
 CLES BY TRANSMITTING SUCH DOCUMENTS IN ANY MANNER SPECIFICALLY PERMITTED
 UNDER THE TERMS OF THE AGREEMENT OR, IF NO SUCH MANNER IS  SPECIFIED  IN
 SUCH  AGREEMENT,  THEN  BY  CERTIFIED  MAIL,  RETURN  RECEIPT REQUESTED,
 ADDRESSED TO THE OFFICER OR EMPLOYEE OF THE MANUFACTURER OR  DISTRIBUTOR
 FROM  WHOM THE DEALER HAS RECEIVED CORRESPONDENCE RELEVANT TO THE CLAIMS
 MADE IN THE REQUEST.  A  CERTIFICATE  OF  SERVICE  SHALL  ACCOMPANY  THE
 REQUEST.
   (D) THE HEARING SHALL BE AT SUCH TIME AND PLACE AS THE COMMISSIONER OF
 MOTOR VEHICLES SHALL PRESCRIBE. THE COMMISSIONER OF MOTOR VEHICLES SHALL
 MAIL  TO THE DEALER AND THE MANUFACTURER OR DISTRIBUTOR A NOTICE STATING
 THE NAME OF THE PRESIDING OFFICER ASSIGNED TO THE MATTER, AND THE  PLACE
 AND TIME OF THE HEARING. THE HEARING SHALL BE COMMENCED AS SOON AS PRAC-
 TICABLE,  BUT  IN  NO  EVENT SOONER THAN SIXTY DAYS FROM THE DATE OF THE
 NOTICE.
   (E) THE NOTICE SHALL BE SENT BY ORDINARY MAIL TO THE  ADDRESS  OF  THE
 DEALER  OR ATTORNEY SHOWN IN THE REQUEST AND TO THE ADDRESS TO WHICH THE
 COPY OF THE REQUEST WAS SENT AS SHOWN IN THE CERTIFICATE OF  SERVICE  OR
 SUCH OTHER ADDRESS AS THE MANUFACTURER OR DISTRIBUTOR HAS DESIGNATED FOR
 RECEIVING  SUCH  NOTICES.  THE  NOTICE  SHALL ADVISE THE MANUFACTURER OR
 DISTRIBUTOR OF THE RIGHT TO SUBMIT WITHIN TWENTY DAYS OF RECEIPT OF SUCH
 NOTICE A SHORT AND PLAIN STATEMENT OF ANSWERS TO THE ALLEGATIONS OF  THE
 REQUEST  AND OF FACTS ON WHICH THE MANUFACTURER OR DISTRIBUTOR RELIES IN
 DEFENSE OF SUCH ALLEGATIONS. SUCH ANSWERING STATEMENT SHALL BE MAILED TO
 THE COMMISSIONER OF MOTOR VEHICLES OR HIS OR HER DESIGNEE AND THE DEALER
 AT ADDRESSES SHOWN ON THE NOTICE.
   (F) THE DEALER MAY  SUBMIT  WITHIN  TWENTY  DAYS  OF  RECEIPT  OF  THE
 MANUFACTURER'S  OR  DISTRIBUTOR'S  ANSWERING  STATEMENT  AND  ADDITIONAL
 STATEMENT OF FACTS AND  DOCUMENTARY  MATERIAL  ONLY  TO  THE  EXTENT  OF
 ANSWERING  NEW  MATTER RAISED BY THE MANUFACTURER OR DISTRIBUTOR. EXCEPT
 AS SET FORTH IN PARAGRAPH (G) OF THIS SUBDIVISION, AFTER  RECEIPT  BY  A
 PARTY  OF THE NOTICE FROM THE COMMISSIONER OF MOTOR VEHICLES, ALL CORRE-
 SPONDENCE AND OTHER COMMUNICATIONS RELATING TO THE DISPUTE SHALL BE WITH
 THE PRESIDING OFFICER WITH COPIES TO THE OPPOSING PARTY.
   (G) IN ACCORDANCE WITH THE RULES AND  REGULATIONS  PRESCRIBED  BY  THE
 COMMISSIONER  OF  MOTOR VEHICLES, EACH PARTY SHALL DISCLOSE TO THE OTHER
 ALL DOCUMENTS OR OTHER MATERIALS, INCLUDING THOSE  THAT  MAY  HAVE  BEEN
 MAINTAINED  IN  ELECTRONIC  FORM, THAT THE PARTY INTENDS TO INTRODUCE AT
 THE HEARING.

 A. 6406                            13
 
   2. HEARINGS AND OTHER PROCEEDINGS AND PRESIDING  OFFICERS.  EXCEPT  AS
 OTHERWISE  SET  FORTH  IN  THIS  SECTION, HEARINGS AND OTHER PROCEEDINGS
 AUTHORIZED UNDER THIS ARTICLE SHALL COMPLY WITH  ARTICLE  THREE  OF  THE
 STATE  ADMINISTRATIVE  PROCEDURE  ACT  AND SHALL BE PRESIDED OVER BY THE
 PRESIDING  OFFICER APPOINTED BY THE COMMISSIONER OF MOTOR VEHICLES.  THE
 PRESIDING OFFICER SHALL BE ADMITTED TO PRACTICE AS AN  ATTORNEY  IN  THE
 STATE  OF  NEW  YORK AND SHALL RULE ON ALL MOTIONS, PROCEDURES AND OTHER
 LEGAL OBJECTIONS.
   3. RESOLUTION WITHOUT A HEARING. EITHER PARTY MAY  REQUEST  RESOLUTION
 OF  THE  DISPUTE WITHOUT A HEARING. A REQUEST FOR A RESOLUTION WITHOUT A
 HEARING SHALL BE ACCOMPANIED  BY  SUFFICIENT  INFORMATION  TO  PERMIT  A
 DETERMINATION  OF  WHETHER ANY UNRESOLVED MATERIAL ISSUE OF FACT EXISTS,
 AND MAY BE ACCOMPANIED BY A LEGAL MEMORANDUM. THE OTHER PARTY SHALL HAVE
 AN OPPORTUNITY TO RESPOND. SUCH  A  REQUEST  SHALL  BE  GRANTED  IF  THE
 PRESIDING  OFFICER  DETERMINES THAT NO UNRESOLVED MATERIAL ISSUE OF FACT
 IS PRESENTED IN THE MATTER. NO HEARING  SHALL  BE  CONDUCTED  UNTIL  THE
 REQUEST FOR A RESOLUTION WITHOUT A HEARING HAS BEEN DETERMINED.
   4.  PRESIDING  OFFICER  DECISION. THE PRESIDING OFFICER SHALL RENDER A
 DECISION UPON THE CONCLUSION OF THE HEARING OR WITHOUT A HEARING  PURSU-
 ANT  TO  SUBDIVISION  THREE  OF  THIS SECTION NOT LATER THAN NINETY DAYS
 AFTER THE CLOSE OF THE HEARING OR THE GRANTING OF THE REQUEST FOR RESOL-
 UTION WITHOUT A HEARING. THE DECISION OF THE PRESIDING OFFICER SHALL  BE
 BASED  ON THE PREPONDERANCE OF THE EVIDENCE. THE PRESIDING OFFICER SHALL
 PREPARE A DECISION WHICH SHALL INCLUDE: (A)  FINDINGS  OF  FACT;  (B)  A
 DETERMINATION ON EACH CHARGE; AND (C) IN THE EVENT OF A DETERMINATION OF
 A  VIOLATION  OF THIS ARTICLE, THE REMEDY TO BE ORDERED. THE DECISION OF
 THE PRESIDING OFFICER SHALL BE DEEMED THE DETERMINATION OF  THE  COMMIS-
 SIONER OF MOTOR VEHICLES.
   5. LITIGATION COSTS. IN ANY ADMINISTRATIVE PROCEEDING PURSUANT TO THIS
 SECTION,  EACH  PARTY SHALL BEAR ITS OWN LITIGATION COSTS AND ATTORNEYS'
 FEES.
   6. PENALTIES. ANY PARTY TO A PROCEEDING HELD PURSUANT TO THIS  SECTION
 SHALL  COMPLY  WITH THE COMMISSIONER OF MOTOR VEHICLE'S DECISION IN SUCH
 PROCEEDING, UNLESS A STAY OR EXTENSION OF THE  DATE  FOR  COMPLIANCE  IS
 GRANTED  BY  SUCH COMMISSIONER OR A COURT OF COMPETENT JURISDICTION. IF,
 AFTER NOTICE TO SUCH PARTY AND AN OPPORTUNITY TO RESPOND,  SUCH  COMMIS-
 SIONER  FINDS  THAT  A  PARTY  HAS NOT COMPLIED WITH SUCH COMMISSIONER'S
 DECISION BY THE DESIGNATED DATE OF COMPLIANCE, UNLESS A STAY  OR  EXTEN-
 SION  OF  SUCH  DATE HAS BEEN GRANTED, SUCH COMMISSIONER, IN ADDITION TO
 ANY OTHER ENFORCEMENT POWERS SUCH COMMISSIONER HOLDS,  MAY  ASSESS  SUCH
 PARTY  A  CIVIL  PENALTY  NOT  TO EXCEED ONE THOUSAND DOLLARS PER DAY OF
 NONCOMPLIANCE. CIVIL PENALTIES ASSESSED UNDER THIS SECTION SHALL BE PAID
 TO SUCH COMMISSIONER FOR DEPOSIT IN THE STATE TREASURY, AND UNPAID CIVIL
 PENALTIES MAY BE RECOVERED BY SUCH COMMISSIONER IN A CIVIL ACTION IN THE
 NAME OF SUCH COMMISSIONER. IN ADDITION, AS AN ALTERNATIVE TO SUCH  CIVIL
 ACTION AND PROVIDED THAT NO PROCEEDING FOR JUDICIAL REVIEW SHALL THEN BE
 PENDING  AND  THE  TIME  FOR  INITIATION  OF  SUCH PROCEEDING SHALL HAVE
 EXPIRED, SUCH COMMISSIONER MAY FILE WITH THE COUNTY CLERK OF THE  COUNTY
 IN  WHICH  THE  DEALER,  MANUFACTURER  OR DISTRIBUTOR IS LOCATED A FINAL
 ORDER  OF  SUCH  COMMISSIONER  CONTAINING  THE  AMOUNT  OF  THE  PENALTY
 ASSESSED.  THE  FILING OF SUCH FINAL ORDER SHALL HAVE THE FULL FORCE AND
 EFFECT OF A JUDGMENT DULY DOCKETED IN THE OFFICE OF SUCH CLERK  AND  MAY
 BE ENFORCED IN THE SAME MANNER AND WITH THE SAME EFFECT AS THAT PROVIDED
 BY  LAW  IN RESPECT TO EXECUTIONS ISSUED AGAINST PROPERTY UPON JUDGMENTS
 BY A COURT OF RECORD.

 A. 6406                            14

   § 1116. JUDICIAL REVIEW. A DECISION OF  THE  PRESIDING  OFFICER  UNDER
 SECTION  ELEVEN  HUNDRED  FIFTEEN  OF  THIS  ARTICLE SHALL BE SUBJECT TO
 REVIEW BY THE SUPREME COURT IN THE MANNER PROVIDED BY  ARTICLE  SEVENTY-
 EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
   §  1117. SEPARABILITY. IF ANY PART OR PROVISION OF THIS ARTICLE OR THE
 APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCE BE ADJUDGED INVALID BY
 ANY COURT OF COMPETENT JURISDICTION, SUCH JUDGMENT SHALL BE CONFINED  IN
 ITS OPERATION TO THE PART, PROVISION OR APPLICATION DIRECTLY INVOLVED IN
 THE  CONTROVERSY  IN  WHICH  SUCH  JUDGMENT SHALL HAVE BEEN RENDERED AND
 SHALL NOT AFFECT OR IMPAIR THE VALIDITY OF THE REMAINDER OF THIS ARTICLE
 OR THE APPLICATION THEREOF TO OTHER PERSONS OR CIRCUMSTANCES.
   § 1118. SAVINGS CLAUSE. NOTHING IN THIS ARTICLE SHALL PROHIBIT, LIMIT,
 RESTRICT OR IMPOSE CONDITIONS ON:
   1. THE BUSINESS ACTIVITIES (INCLUDING, WITHOUT LIMITATION,  THE  DEAL-
 INGS  WITH  MANUFACTURERS  OR DISTRIBUTORS AND THEIR REPRESENTATIVES AND
 AFFILIATES) OF ANY PERSON THAT IS PRIMARILY ENGAGED IN THE  BUSINESS  OF
 RENTAL OF RECREATION VEHICLES AND ACTIVITIES INCIDENTAL TO THAT BUSINESS
 PROVIDED THAT (A) ANY RECREATION VEHICLES SOLD BY SUCH PERSON ARE LIMIT-
 ED TO USED RECREATION VEHICLES THAT HAVE BEEN PREVIOUSLY USED EXCLUSIVE-
 LY  AND  REGULARLY  BY  SUCH  PERSON IN THE CONDUCT OF BUSINESS AND USED
 RECREATION VEHICLES TRADED  IN  ON  RECREATION  VEHICLES  SOLD  BY  SUCH
 PERSON,  (B)  WARRANTY  REPAIRS  PERFORMED  BY SUCH PERSON ON RECREATION
 VEHICLES ARE LIMITED TO THOSE RECREATION VEHICLES THAT IT  OWNS,  PREVI-
 OUSLY  OWNED  OR  TAKES  IN  TRADE, AND (C) RECREATION VEHICLE FINANCING
 PROVIDED BY SUCH PERSON TO RETAIL CONSUMERS FOR RECREATION  VEHICLES  IS
 LIMITED TO VEHICLES SOLD BY SUCH PERSON IN THE CONDUCT OF BUSINESS; OR
   2.  THE  DIRECT  OR  INDIRECT  OWNERSHIP,  AFFILIATION OR CONTROL OF A
 PERSON DESCRIBED IN SUBDIVISION ONE OF THIS SECTION.
   § 3. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become  a  law  and  shall  apply  to   any   and   all
 manufacturer/dealer  agreements  entered into on or after such effective
 date.