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H.B. 784 VETOES
1. A CLAIM WHICH HAS BEEN APPROVED AND PAID MAY
NOT BE CHARGED BACK TO THE DEALER UNLESS THE MANUFACTURER,
DISTRIBUTOR, OR FACTORY BRANCH CAN SHOW THAT THE CLAIM WAS
UNSUBSTANTIATED OR FALSE.
2. A CHARGEBACK OF A CLAIM MAY BE MADE ONLY WITHIN
A 1 YEAR PERIOD AFTER THE DATE OF THE CLAIM APPROVAL.
(IV) A MANUFACTURER, DISTRIBUTOR, OR FACTORY BRANCH
SHALL HAVE THE RESPONSIBILITY OF SHOWING THAT A CLAIM IS INTENTIONALLY
FALSE OR FRAUDULENT FOR THE PURPOSES OF ITEM (III) OF THIS PARAGRAPH.
15-212.1.
(A) A MANUFACTURER, FACTORY BRANCH, OR DISTRIBUTOR SHALL
COMPENSATE A DEALER FOR ANY MANUFACTURER, FACTORY BRANCH, OR
DISTRIBUTOR SPONSORED SALES, SERVICE, OR PROMOTIONAL EVENT OR ANY
PROGRAM OR ACTIVITY.
(B) (1) ANY CLAIM FOR" COMPENSATION MADE BY A DEALER UNDER THIS
SECTION ON A PROPERLY COMPLETED FORM GENERALLY USED BY
MANUFACTURERS, DISTRIBUTORS, AND FACTORY BRANCHES. SHALL BE:
(I) APPROVED OR DISAPPROVED BY THE MANUFACTURER,
FACTORY BRANCH, OR DISTRIBUTOR WITHIN 30 DAYS AFTER RECEIPT OF THE
CLAIM; AND
(II) PAID WITHIN 30 DAYS AFTER THE CLAIM WAS APPROVED.
(2) ANY CLAIM THAT IS NOT DISAPPROVED IN WRITING WITHIN 30 DAYS
AFTER RECEIPT OF THE FORM SHALL BE DEEMED APPROVED AND PAYMENT OF
THE CLAIM SHALL BE MADE WITHIN 30 DAYS.
(3) EXCEPT IN THE CASE OF AN INTENTIONALLY FALSE OR
FRAUDULENT CLAIM BY A DEALER:
(I) A CLAIM WHICH HAS BEEN APPROVED AND PAID MAY NOT BE
CHARGED BACK TO THE DEALER UNLESS THE MANUFACTURER, DISTRIBUTOR, OR
FACTORY BRANCH CAN SHOW THAT THE CLAIM WAS UNSUBSTANTIATED OR FALSE;
AND
(II) A CHARGEBACK FOR A FALSE OR UNSUBSTANTIATED CLAIM
MAY BE MADE ONLY DURING THE 180' DAY PERIOD AFTER THE LATER OF:
1. THE CLOSE OF SALES, SERVICE OR THE PROMOTIONAL
EVENT OR ANY PROGRAM OR ACTIVITY; OR
2. THE DATE OF THE CLAIM APPROVAL.
(4) A MANUFACTURER, DISTRIBUTOR, OR FACTORY BRANCH SHALL
HAVE THE RESPONSIBILITY OF SHOWING THAT A CLAIM IS INTENTIONALLY FALSE
OR FRAUDULENT FOR THE PURPOSES OF PARAGRAPH (3) OF THIS SUBSECTION.
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