H.B. 1214

VETOES

(4) REMOVAL OF SUITS OR OTHER ACTIONS TO A VENUE OUTSIDE OF
THE STATE A DEALER TO PAY THE ATTORNEYS FEES OF THE MANUFACTURER.
DISTRIBUTOR, OR FACTORY BRANCH RELATED TO DISPUTES INVOLVING THE
FRANCHISE

15-211.1.

(A) IN THIS SECTION, "QUALIFIED PERSON" MEANS:

(1) A DEALER'S SPOUSE, SON, DAUGHTER, GRANDCHILD, PARENT,

SISTER, BROTHER, GRANDPARENT, FATHER-IN-LAW, MOTHER-IN-LAW,

SON-IN-LAW, OR DAUGHTER-IN-LAW;

(2) A MANAGER OF THE DEALER'S DEALERSHIP; OR

(3) A PARTNERSHIP OR CORPORATION CONTROLLED BY ONE OR MORE
OF THE INDIVIDUALS SPECIFIED IN ITEMS (1) AND (2) OF THIS SUBSECTION.

(B) (1) NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE AND
WITHOUT THE PRIOR CONSENT OF A MANUFACTURER, DISTRIBUTOR, OR FACTORY
BRANCH, A DEALER MAY DESIGNATE A QUALIFIED PERSON TO BE A SUCCESSOR TO
THE DEALERSHIP IN THE EVENT OF THE DEATH OR INCAPACITY OF THE DEALER.

(2) IF A DEALER INTENDS TO DESIGNATE A QUALIFIED PERSON AS
SUCCESSOR TO THE DEALERSHIP IN ACCORDANCE WITH PARAGRAPH (1) OF THIS
SUBSECTION, THE DEALER SHALL NOTIFY THE MANUFACTURER, DISTRIBUTOR, OR
FACTORY BRANCH, IN WRITING, OF THE DESIGNATION.

(3) THE NOTICE REQUIRED UNDER PARAGRAPH (2) OF THIS
SUBSECTION SHALL IDENTIFY THE QUALIFIED PERSON AND DESCRIBE THE
FINANCIAL MANAGEMENT CAPABILITIES AND OTHER RELEVANT QUALIFICATIONS
OF THE QUALIFIED PERSON.

(C) EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION, A
MANUFACTURER, DISTRIBUTOR, OR FACTORY BRANCH MAY NOT:

(1) PREVENT, BY CONTRACT OR OTHERWISE, A DEALER FROM
DESIGNATING A QUALIFIED PERSON AS A SUCCESSOR TO THE DEALERSHIP IN
ACCORDANCE WITH SUBSECTION (B) OF THIS SECTION; OR

(2) EXERCISE A RIGHT OF FIRST REFUSAL TO ACQUIRE A DEALERSHIP
IN THE EVENT OF:

(I) A PROPOSED SALE OR TRANSFER OF THE DEALERSHIP TO A
QUALIFIED PERSON; OR

(II) THE SUCCESSION TO THE DEALERSHIP BY A QUALIFIED
PERSON DUE TO THE DEATH OR INCAPACITY OF A DEALER.

(D) (1) A MANUFACTURER, DISTRIBUTOR, OR FACTORY BRANCH MAY
REQUEST A HEARING UNDER TITLE 12, SUBTITLE 2 OF THIS ARTICLE DURING
WHICH:

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