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How do you confront something that is a distortion of truth? Our presidential candidates sometimes choose to react with name-calling, but I think we can do better.

In the state of Vermont, legislation was filed that demands a response from this Association. It begins with this:

• “…in order to promote the public interest and the public welfare, and in the exercise of its police power, it is necessary to regulate equipment suppliers and their representatives, and to regulate dealer agreements issued by the aforementioned who are doing business in this State in order to prevent frauds, impositions, and other abuses upon its citizens and to protect and preserve the investments and properties of the citizens of this State.
   
• There continues to exist an inequality of bargaining power between equipment suppliers and the independent dealer network. This inequality of bargaining power enables equipment suppliers to compel dealers to execute dealer agreements, related contracts, and addendums that contain terms and conditions that would not routinely be agreed to by the equipment dealer if this inequality did not exist. It therefore is in the public interest to enact legislation to prevent unfair or arbitrary treatment of equipment dealers by equipment manufacturers-suppliers.”

Have you or your industry colleagues ever been in a position to compel one of your independent dealer partners to sign an agreement they found to be unfair or arbitrary?

Because this bill does not describe our members’ relationships with dealers, I have asked the Northeast æÃæü¤ÇéÎåÔÂÌì Dealers Association to agree to a carve-out of small manufacturers/ suppliers. They have rejected the suggestion, even for manufacturers and suppliers, which comprise less than 10% of dealers’ annual sales.

When this bill is in its final form, I will share with you our attorney’s specific concerns on the legislation and call on you to help us respond to this flawed proposal.

Much is happening in statehouses elsewhere, too, including:

Nebraska: A bill is under consideration that would exempt certain implements of husbandry from weight and load limitations when operated on any state highway, with some exceptions. This legislation is supported by most ag interests in the state.

South Dakota: Legislation was filed that would require manufacturers of farm equipment to replace the equipment or to refund its purchase price if it fails to conform to the manufacturer’s warranty, to specify the manufacturer’s obligations to remedy any nonconforming conditions, and to provide cause of action against the manufacturer for failure to comply. The bill was stopped in committee, for at least this session, by one vote.

Wisconsin: The legislature has approved another bill to clarify terms and intents of implements of husbandry laws from 2014 and 2015. Changes include a clearer definition of farm tractor and a requirement that axle weight and gross vehicle weight be disclosed in writing. Lawmakers also approved a bill authorizing municipalities to permit the piping of liquid manure within a highway right-of-way. The bill is intended to reduce road damage from heavy tankers traveling from farm to field.

New Jersey: Lawmakers have extended protections of the new vehicle lemon law to new farm tractors purchased or leased in New Jersey. This law does not cover farm implements.

Follow progress on these bills at FarmEquip.org/State. S