Bill Text - HB169 (2011)

Relative to the regulation of wood stove, wood pellet, and fireplace dealers.


Revision: Jan. 13, 2011, midnight

HB 169 – AS INTRODUCED

2011 SESSION

11-0462

05/04

HOUSE BILL 169

AN ACT relative to the regulation of wood stove, wood pellet, and fireplace dealers.

SPONSORS: Rep. Scala, Carr 5; Rep. Fleck, Carr 5

COMMITTEE: Commerce and Consumer Affairs

ANALYSIS

This bill regulates business practices of wood stove, wood pellet, and fireplace dealers, including dealer agreements, inventory repurchase criteria, and business transfer procedures.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11-0462

05/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to the regulation of wood stove, wood pellet, and fireplace dealers.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Regulation of Equipment Dealerships; Definition of Dealer; Wood Stove, Wood Pellet and Fireplace Equipment Dealers Added. Amend the introductory paragraph of RSA 347-A:1, II to read as follows:

II. “Dealer” means a person, corporation, or partnership primarily engaged in the business of retail sales of farm and utility tractors, forestry equipment, light industrial equipment, farm implements, farm machinery, yard and garden equipment, attachments, accessories, and repair parts. The term “dealer” shall not include dealers primarily engaged in the retail sale of all-terrain vehicles and motorcycles as defined by RSA 357-C:1. The term “dealer” shall also not include a single line dealer primarily engaged in the retail sale and service of industrial, forestry, and construction equipment. The term “dealer” shall include persons engaged in the retail sale of wood stove, wood pellet, and fireplace equipment. “Single line dealer” means a person, partnership, or corporation who:

2 Definition of Inventory; Wood Stove, Wood Pellet, and Fireplace Equipment. Amend RSA 347-A:1, IV to read as follows:

IV. “Inventory” means farm, utility, forestry, or light industrial equipment, implements, machinery, yard, and garden equipment, attachments or repair parts. This term does not include heavy construction equipment. The term includes wood stove, wood pellet, and fireplace equipment and repair parts.

3 Repurchase Terms. Amend RSA 347-A:4, II(a) to read as follows:

(a) One hundred percent of the net cost of all new and undamaged and complete farm and utility tractors, forestry equipment, light industrial equipment, farm implements, farm machinery, yard and garden equipment, and wood stove, wood pellet, and fireplace equipment and repair parts, purchased within the past 36 months from the supplier, less a reasonable allowance for deterioration attributable to weather conditions at the dealer’s location, if applicable based on the nature and location of the inventory.

4 Effective Date. This act shall take effect 60 days after its passage.

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