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8-21A-2
Section 8-21A-2 Definitions. As used in this chapter, the following terms shall have the ascribed
meanings unless the context indicates a different meaning: (1) CONTINUING COMMERCIAL RELATIONSHIP.
Any relationship in which the equipment dealer has been granted the right to sell and/or service
equipment manufactured by the supplier. (2) COST or NET COST. The actual price paid by the
dealer to the manufacturer, distributor, or wholesaler, plus freight costs paid by or charged
to the dealer. (3) CURRENT NET PRICE. The dealer's price as listed in the supplier's effective
price list and/or catalog. (4) DEALER CONTRACT, DEALER AGREEMENT, or FRANCHISE. An agreement
or contract, expressed or implied, oral or written, by and between a supplier and a dealer
by which the dealer is granted the right to purchase, sell, distribute, and/or service the
supplier's equipment, and in which there is a community of interest in the marketing of farm
tractors, lawn and garden equipment, light industrial...
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8-21B-3
Section 8-21B-3 Definitions. The following words shall have the following meanings: (1) DEALER.
A person, corporation, partnership, or other business entity primarily engaged in the business
of retail sales or leasing of heavy equipment and heavy equipment parts and who has an established
place of business in this state. If a dealer's retail sales volume of heavy equipment and
heavy equipment parts purchased from a single supplier is greater than 70 percent of such
dealer's total retail sales volume of heavy equipment and heavy equipment parts during the
12-month period immediately prior to May 22, 2009, or the term of any dealer agreement entered
into between the supplier and such dealer after May 22, 2009, then the dealer and such supplier
shall not be subject to this chapter with respect to the dealer agreement and transactions
between them, but the dealer shall otherwise be subject to this chapter with respect to dealer
agreements and transactions with other suppliers. (2) DEALER...
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8-21A-1
Section 8-21A-1 Short title. This chapter may be cited as "The Tractor, Lawn and Garden
and Light Industrial Equipment Franchise Act." (Acts 1991, No. 91-721, p. 1401, §1.)...
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8-21A-3
Section 8-21A-3 Violations by suppliers generally. It shall be a violation of this chapter
for a supplier to do any of the following: (1) To coerce, compel, or require any dealer to
order or accept delivery of any equipment or parts with special features or accessories not
included in the base list price of such equipment as publicly advertised by the supplier which
the dealer has not voluntarily ordered. (2) To coerce, compel, or require any dealer to enter
into any agreement, whether written or oral, as a supplement to an existing dealer agreement
with such supplier unless such supplemental agreement is imposed on all other dealers in the
state doing business with that same supplier. (3) To discriminate in the delivery of equipment
to any dealer in reasonable quantities and within a reasonable time after receipt of the equipment
dealer's order, if the equipment covered by the dealer agreement was specifically represented
by the supplier to be available for immediate delivery....
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32-1-1.1
so constructed as to carry a load other than a part of the weight of the vehicle and load so
drawn. (85) URBAN DISTRICT. The territory contiguous to and including any street which is
built up with structures devoted to business, industry, or dwelling houses situated at intervals
of less than 100 feet for a distance of a quarter of a mile or more. (86) VEHICLE. Every device
in, upon, or by which any person or property is or may be transported or drawn upon a highway,
excepting devices moved by human power or used exclusively upon stationary rails or tracks
or electric personal assistive mobility devices; provided, that for the purposes of this title,
a bicycle or a ridden animal shall be deemed a vehicle, except those provisions of
this title, which by their very nature can have no application. (Acts 1980, No. 80-434, p.
604, §1-100; Acts 1981, No. 81-803, p. 1412, §1; Acts 1985, 2nd Ex. Sess., No. 85-998, p.
366, §1; Act 2003-342, p. 851, §1; Act 2018-286, §1; Act 2019-437, §1.)...
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32-12A-1
Section 32-12A-1 Definitions. For purposes of this chapter, the following terms shall have
the following meanings: (1) ALL-TERRAIN VEHICLES (ATV). Every motor vehicle 60 inches or less
in width, having a dry weight of 1,500 pounds or less, designed to travel on three or more
non-highway tires, and manufactured for off-road use by a single operator or by an operator
and not more than one passenger as provided by the manufacturer. (2) OFF-ROAD VEHICLE. Any
motorized vehicle not designed for use on a highway and capable of cross-country travel on
land, snow, ice, marsh, swampland, or other natural terrain. The term includes any all-terrain
vehicle and recreational off-highway vehicle. The term excludes any golf cart; any vehicle
used for military, fire, emergency, or law enforcement purposes; any motorboat; any vehicles
used exclusively on airport property; all farm machinery, farm tractors, and other self-propelled
equipment for harvesting and transportation of forest products, for...
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11-51-90.2
respect to taxpayers subject to state licensing board oversight, be classified into one or
more of the following 2002 North American Industrial Classification System ("NAICS")
sectors and applicable sub-sectors, industry groups, industries, and U.S. industries thereunder:
SECTOR NAICS TITLE SUGGESTED BUSINESS LICENSE CODE GROUPING BY SAMPLE TOPIC OR CATEGORY BASIS
FOR LICENSE CALCULATION 111 Crop Production Agriculture, farming, nursery, fruit, growers
Gross Receipts and/or Flat Rate 112 Animal Production Animal, dairy, cattle,
ranching, sheep, chicken Gross Receipts and/or Flat Rate 113 Forestry and Logging Forestry,
logging, timber Gross Receipts and/or Flat Rate 114 Fishing, Hunting, and Trapping Fishing,
hunting, supplies and equipment Gross Receipts and/or Flat Rate 115 Support for Agriculture
and Forestry Cotton ginning, farm management, post-harvest activities Gross Receipts and/or
Flat Rate 211 Oil and Gas Extraction Oil, gas, extraction, natural gas, crude State Regulated...
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32-8-2
regularly engaged in the business of manufacturing, constructing, assembling, importing, or
distributing new motor vehicles, either within or without this state. (9) MOTOR VEHICLE. The
term shall include all of the following: a. Every automobile, motorcycle, mobile trailer,
semitrailer, truck, truck tractor, trailer, and other device that is self-propelled or drawn,
in, upon, or by which any person or property is or may be transported or drawn upon a public
highway except such as is moved by animal power or used exclusively upon stationary
rails or tracks. b. Every trailer coach and travel trailer manufactured upon a chassis or
undercarriage as an integral part thereof drawn by a self-propelled vehicle. (10) NEW VEHICLE.
A motor vehicle that has never been the subject of a first sale for use by a new motor vehicle
dealer as defined in Section 40-12-390 or an equivalently licensed dealer in another state
and includes, among others, vehicles maintained in a dealer's inventory, vehicles...
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40-23-4
Section 40-23-4 Exemptions. (a) There are exempted from the provisions of this division and
from the computation of the amount of the tax levied, assessed, or payable under this division
the following: (1) The gross proceeds of the sales of lubricating oil and gasoline as defined
in Sections 40-17-30 and 40-17-170 and the gross proceeds from those sales of lubricating
oil destined for out-of-state use which are transacted in a manner whereby an out-of-state
purchaser takes delivery of such oil at a distributor's plant within this state and transports
it out-of-state, which are otherwise taxed. (2) The gross proceeds of the sale, or sales,
of fertilizer when used for agricultural purposes. The word "fertilizer" shall not
be construed to include cottonseed meal, when not in combination with other materials. (3)
The gross proceeds of the sale, or sales, of seeds for planting purposes and baby chicks and
poults. Nothing herein shall be construed to exempt or exclude from the computation of...
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8-21A-5
Section 8-21A-5 Supplier's duties to dealers - Provision of repair parts; return of surplus
parts. (a) Every supplier shall provide for the availability of repair parts throughout the
reasonable useful life of any equipment sold by the supplier or dealer. (b) Every supplier
shall give written notice to and provide to its dealers, on at least an annual basis, an opportunity
to return a portion of dealer's surplus parts inventory for credit. This surplus procedure
shall be administered as follows: (1) The supplier must notify its equipment dealers of a
time period, in no event less than 90 days' duration, during which time equipment dealers
may submit their surplus parts lists and return their surplus parts to the supplier. (2) Pursuant
to this subdivision, a supplier must allow surplus parts return authority on a dollar value
of parts equal to 10 percent of the total dollar value of parts purchased on stock order by
the dealer from the supplier during the twelve month period immediately...
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