CHAPTER 497

FORMERLY

SENATE BILL NO. 407

AN ACT TO AMEND TITLE 6, DELAWARE CODE, RELATING TO MOTOR VEHICLE FRANCHISING PRACTICES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §4913(b), Title 6, Delaware Code, by striking the words "licensed under this chapter" immediately following the word "manufacturer" in the first sentence of said subsection (b).

Section 2. Amend §4913(b)(2), Title 6, Delaware Code, by adding the words "any matters relating to" immediately following the words "handling the same line make" and by adding the following words at the end of said subsection (b)(2) "including, without limitation, matters related to establishment or relocation of dealers under §4915 (but with appropriate exclusion of financial information not essential to a complete understanding of the manufacturer's manner and mode of distribution)."

Section 3. Amend §4913(b)(5), Title 6, Delaware code, by adding the words "(including, without limitation, provisions of this Chapter 49)" following the words "or as otherwise required by law".

Section 4. Amend §4915(b)(2), Title 6, Delaware Code, by deleting the word "licensed" following the word "former" and by adding the following at the end of said subsection (b)(2) "Determination of whether a new motor vehicle dealer had ceased operating' under the preceding sentence shall be based on the facts and circumstances of a particular case, provided however, that in transactions involving a sale of the business or assets of a new motor vehicle dealer, the seller and purchaser shall be treated as the same entity."

Approved July 12, 1996