State Issues Update

Date: March 12, 2019

As a service to AASA, HDMA, MERA and OESA members, MEMA contracts with Stateside to provide timely updates on key issues affecting parts suppliers on the state level. For brief summaries of state activity, see below. The StateLink portal is currently being updated and will be live for MEMA members in the coming weeks. For more in-depth information in the interim, including bill text and legislative outlook, please contact Catherine Boland.

 

Aftermarket Parts

Tennessee HB 533 - Aftermarket Parts

Sponsor: Representative Timothy Hill (R)

Summary:
As introduced, exempts certain motor vehicle dismantlers and recyclers from the requirement to keep certain records of transactions of buying or selling automobile parts.

More specifically this measure any person, firm, or corporation engaged in the business of buying or selling used automobile parts shall keep permanent records of transactions of buying or selling engines, transmissions, vehicle bodies, chassis, doors, deck lids, front end clips (fenders and grill), seats, differentials, tires and wheels,

steering wheels, automobile radios and automobile tape players, and bumpers, is not required to keep records regarding the buyers and sellers of these auto parts.

Any motor vehicle dismantler and recycler that is licensed pursuant to § 55-17-109, and is fully compliant with

the reporting requirements of § 55-3-203(c), is not required to keep the records as outlines above with regard to transactions of selling the parts described.

Additionally this measure states that any person, firm, or corporation engaged in the business of selling

used automobile parts must provide a bill of sale.

2/4/2019 Version

Status:
03/05/2019: Hearing Scheduled
02/11/2019: Assigned to Safety & Funding Subcommittee
02/07/2019: Referred to House Transportation Committee
02/04/2019: Introduced

 

Massachusetts HB 3152 - Aftermarket Parts

Sponsor: Representative William Straus (D)

Summary for 01/22/2019 Version:
This measure restricts the use of active display areas in cars while the vehicle is being operated.

This measure provides that the active display area of any vehicle manufactured on or after January 1, 2021 containing original equipment must be designed to lock out the following tasks capable of being presented on the active display area while the operator is driving and may distract the driver:

(1) manual text entry for the purpose of text-based messaging.

(2) display of video images including but not limited to, video-based entertainment, and  video-based communications including video-phoning and video conferencing.

(3) display of non-video graphical or photographic images, excluding maps used for GPS  or navigational purposes. Internationally standardized icons and symbols are not considered non-video graphical or photographic images. 

(4) display of text to be read, whether automatically scrolling or static for a purpose other  than a driver-related task. Such text to be read includes books, periodicals, and other publications, web page content, social media content, text-based advertising and marketing, and text-based messaging.

These same requirements are in place for aftermarket devices within reach of the visual field of a driver installed on or after January 1, 2021.

This measure also requires any portable device offered for sale after January 1, 2021 must be equipped with mechanisms to allow pairing between the portable device and a vehicle's in-vehicle system. The device must have a driver-mode to lock out the tasks listed above when the operator is driving.

This measure imposes a 0.5% surcharge of the listed sales price against any vehicle or device that does not conform to this measure.

Active display area is defined as the portion of a visual display used to present information to the  driver in the context of any task that makes use of that display. It does not include any area containing physical controls or dials which may be manipulated. 

1/22/2019 Version

Status:
01/22/2019: Introduced; referred to the Joint Committee on Transportation

 

Tennessee SB 1491 - Aftermarket Parts

Sponsor: Senator Paul Bailey (R)

Summary:
As introduced, exempts certain motor vehicle dismantlers and recyclers from the requirement to keep certain records of transactions of buying or selling automobile parts.

More specifically this measure any person, firm, or corporation engaged in the business of buying or  selling used automobile parts shall keep permanent records of transactions of buying or selling engines, transmissions, vehicle bodies, chassis, doors, deck lids, front end clips (fenders and grill), seats, differentials, tires and wheels, 

steering wheels, automobile radios and automobile tape players, and bumpers, is not required to keep records regarding the buyers and sellers of these auto parts. 

Any motor vehicle dismantler and recycler that is licensed pursuant to § 55-17-109, and is fully compliant with  

the reporting requirements of § 55-3-203(c), is not required to keep the records as outlines above with regard to transactions of selling the parts described.

Additionally this measure states that any person, firm, or corporation engaged in the business of selling

used automobile parts must provide a bill of sale.

2/7/2019 Version

Status:
03/06/2019: Hearing Scheduled
02/11/2019: Referred to Senate Transportation and Safety Committee
02/07/2019: Introduced

Outlook: This measure has been scheduled for a hearing in the Senate Transportation and Safety Committee on March 6.

 

Oregon HB 2885 - Aftermarket Parts, Warranties/Service Contracts

Sponsor: Representative Susan McLain (D)

Summary for 02/04/2019 Version:
This measure relates to payments by manufacturers paid to customers after a violation of contracts.

This measure amends the definition of collateral charges for which a manufacturer may need to compensate a consumer for when the consumer returns motor vehicles that the manufacturer sold that do not conform to manufacturer's standards to include extended warranties.

This measure also requires that a manufacturer replace, refund the cost of or return to consumer aftermarket items installed in or on motor vehicle that manufacturer do not conform to manufacturer’s express warranty. If the consumer wants to keep the aftermarket part that he/she purchased and installed the manufacturer may remove the part and return it to the consumer instead of refunding the cost of the part.

2/4/2019 Version

Status:
03/11/2019: Hearing scheduled
02/04/2019: Introduced

 

Nebraska LB 7 - Aftermarket Parts

Sponsor: Senator Carol Blood (NP)

Summary for 01/10/2019 Version:

This measure establishes the Counterfeit Airbag Prevention Act.    

This measure prohibits:

(1) Knowingly and intentionally manufacturing, importing, installing, reinstalling, distributing, selling, or offering for sale any device intended to replace a supplemental restraint system component in any motor vehicle if the device is a counterfeit supplemental restrain system component, a nonfunctional airbag, or does not meet federal safety requirements.

(2)Knowingly and intentionally selling, installing, or reinstalling a device that causes a motor vehicle's diagnostic system to fail to warn when a motor vehicle is equipped with a counterfeit supplemental restraint system component or nonfunctional airbag or when no airbag is installed.

(3) Knowingly or intentionally representing to another person that a  counterfeit supplemental restraint system component or nonfunctional airbag installed in a motor vehicle is not a counterfeit supplemental restraint system component or a nonfunctional airbag; or

(4) Causing another person to violate this section or assists another  person in violating this section.

1/14/2019 Version

Status:
03/01/2019: Passed legislature; sent to Governor
02/14/2019: Amended; Advanced to Enrollment and Review for Engrossment
02/12/2019: Placed on Select File
02/07/2019: Advanced to Enrollment and Review Initial
02/01/2019: Placed on General File
01/23/2019: Hearing held
01/14/2019: Referred to Judiciary Committee
01/10/2019: Introduced

 

 

Autonomous Vehicles

Arkansas HB 1561 - Autonomous Vehicles

Sponsor: Representative Austin McCollum (R)

Summary for 02/25/2019 Version:
This measure allows for the operation of autonomous vehicles under an autonomous vehicle pilot program.

This measure allows autonomous vehicles to be operated in Arkansas under an autonomous vehicle pilot program approved by the State Highway Commission.

The autonomous vehicle pilot program must include:

(i) A State of the commercial purpose of the autonomous vehicle pilot program;

(ii) The identification of any additional requirements for proof of insurance;

(iii) A statement acknowledging that the autonomous vehicle or fully autonomous vehicle is capable of complying with all applicable traffic and motor vehicle safety laws of this state and rules adopted by the Office of Motor Vehicle, is capable of achieving a reasonably safe state if a failure of the automated driving system occurs that renders the automated driving system unable to perform the entire dynamic driving task, and a fully autonomous vehicle involved in a motor vehicle accident is capable of meeting requirements; and

(iv) A description of how a fully autonomous vehicle is capable of meeting existing vehicle requirements.

2/25/2019 Version

Status:
03/04/2019: Passed House
02/28/2019: Hearing held; reported from committee
02/25/2019: Introduced; referred to House Public Transportation Committee

 

Missouri HB 1192 - Autonomous Vehicles

Sponsor: Representative Rory Rowland (D)

Summary:
This measure allows certain businesses to incorporate driverless-capable vehicles into the business’ s vehicle fleet, with certain restrictions.

More specifically, this measure states that any driverless-capable vehicle operated on the public roads of this state without  a conventional human driver under the provisions of this section shall meet the following conditions: 

1) While in driverless operation, the vehicle is capable of achieving a minimal risk condition if a malfunction of the ADS occurs that renders the systemunable to perform the entire dynamic driving task within the scope of its operational design domain; 

2) While in driverless operation, the vehicle is capable of operating in compliance with the applicable traffic and motor vehicle laws and regulations of this state, unless an exemption has been granted by the department of revenue; 

3) The ADS feature, while engaged, is designed to operate only within its operational design domain and in compliance with the applicable traffic and motor safety laws and regulations of this state, unless an exemption has been granted by the department of revenue; and 

4) The vehicle has been certified to be in compliance with all applicable federal motor vehicle safety standards, except to the extent an exemption has been granted under federal law. 

This measure also states that no business that employs more than fifty employees shall convert more than one sixteenth of its vehicle fleet per year from conventional vehicles to driverless-capable vehicles.

This measure defines "Automated driving system" or "ADS",  as the hardware and software that are  collectively capable of performing an entire dynamic driving task within its specific operational design domain, independent of real-time input by a conventional human driver.

This measure defines "Driverless-capable vehicle", as a vehicle equipped with an ADS capable of performing all aspects of the dynamic driving task within its operational design domain, including achieving a minimal risk condition, without any intervention or supervision by a conventional human driver.

This measure defines "Dynamic driving task", the combination of all of the real-time functions required to operate a vehicle within its specific operational design domain, excluding strategic functions such as trip scheduling and selection of destinations and waypoints.

2/28/2019 Version

Status:
02/28/2019: Introduced

 

 

Emissions/Climate Change

California AJR 10 - Emissions/Climate Change (All)

Sponsor: Assemblymember Eloise Reyes (D)

Summary for 2/26/19:
This measure re-affirms support for California's clean air act. 

This measure would state that the Legislature strongly and unequivocally supports the existing fuel economy and greenhouse gas emissions standards and California’s federal Clean Air Act waivers; will consider any and all appropriate actions to maintain vehicle emissions standards for the protection of public health, California residents, and the economy; and strongly urges the President and Vice President of the United States, the Secretary of the United States Department of Transportation, and the Administrator of the United States Environmental Protection Agency to reject the Safer and Affordable Fuel Efficient Vehicles Proposed Rule for Model Years 2021–2026.

Summary for 02/26/2019 Version:
This measure re-affirms support for California's clean air act. 

This measure would state that the Legislature strongly and unequivocally supports the existing fuel economy and greenhouse gas emissions standards and California’s federal Clean Air Act waivers. This measure state that they will consider any and all appropriate actions to maintain vehicle emissions standards for the protection of public health, California residents, and the economy.

2/26/2019 Version

Status:
02/26/2019: Introduced

 

Florida HB 311 - Autonomous Vehicles

Sponsor: Representative Jason Fischer (R)

1/17/2019 Version:
This measure makes changes in the vehicle code that relates to autonomous vehicles.

Specifically, a passenger  transportation network that uses a software application or other digital means to connect passengers to fully autonomous vehicles, exclusively or in addition to other vehicles, for transportation, including for-hire transportation and transportation for compensation.  This does not apply to a fully autonomous vehicle operating with the automated driving system engaged in the event of a crash involving the vehicle if the vehicle owner, or a person on behalf of the vehicle owner, promptly contacts a law enforcement agency to report the crash or if the fully autonomous vehicle has the capability of alerting a law enforcement agency to the crash.

Notwithstanding any other law, a licensed human operator is not required to operate a fully autonomous vehicle. A fully autonomous vehicle may operate in this state  regardless of whether a human operator is physically present in the vehicle. The automated driving system, when engaged, shall be deemed to be the operator of an autonomous  vehicle regardless of whether a person is physically present in the vehicle while the  vehicle is operating with the automated driving system engaged.

Applicable traffic  or motor vehicle laws of this state may not be construed to prohibit the automated driving system from being deemed  the operator of an autonomous vehicle operating with the automated driving system engaged or require a licensed human operator to operate a fully autonomous vehicle.

The Florida Turnpike Enterprise may fund, construct,  and operate test facilities for the advancement of autonomous and connected innovative transportation technology solutions for the purposes of improving safety and decreasing congestion for the traveling public and to otherwise advance the objectives of the Florida Turnpike Enterprise as set forth in the Florida Transportation Code.  An on-demand autonomous vehicle network may operate  pursuant to state laws governing the operation of transportation network companies and transportation network company vehicles that reasonably applies only to a human driver does not apply to the operation of a fully autonomous vehicle with the automated driving system engaged in an on-demand autonomous vehicle network. 

An autonomous vehicle registered in the state of Florida must have been certified in accordance with federal regulations as being in compliance with applicable federal motor vehicle safety standards and bear the required certification label or labels including reference to any exemption granted under applicable federal law. They must also be capable of being operated in compliance with the  applicable traffic and motor vehicle laws of this state, regardless of whether the vehicle is operating with the automated driving system engaged. This does not apply when a fully autonomous vehicle is operated with the automated driving system engaged and without a human operator.

1/17/2019 Version

Status:
03/06/2019: Hearing held; passed committee
01/23/2019: Referred to House Transportation and Infrastructure Subcommittee; House Transportation and Tourism Appropriations Subcommittee; House State Affairs Committee
01/17/2019: Filed

 

 

Vehicle Inspections

Florida HB 6059 - Vehicle Inspections

Sponsor: Anthony Rodriguez (R)

Summary of 2/28/2019 version:
This measure relates to the rebuilt motor vehicle  inspection program.

Specifically, the bill requires the Department of Highway  Safety and Motor Vehicles to oversee a program in Miami-Dade County for rebuilt inspection services offered by private sector operators. It also deletes a provision providing for repeal of the program.

2/28/2019 Version

Status:
03/12/2019: Hearing scheduled
03/04/2019: Referred to House Transportation and Infrastructure Subcommittee; Transportation and Tourism Appropriations Subcommittee; State Affairs Committee
02/28/2019: Introduced

 

Nebraska LB 80 - Vehicle Inspections

Sponsor: Senator Curt Friesen (NP)

Summary for 01/14/2019 Version:
This measure relates to motor vehicle identification inspections.

This measure establishes that each county sheriff shall establish a process to enter into an  agreement with any franchisee licensed under the Motor Vehicle Industry Regulation Act with a franchise location in the county in which the sheriff has jurisdiction to collect information for the identification inspection on motor vehicles which are in the inventory of the franchisee and which are at a franchise location in such county. 

The agreement shall require that the franchisee provide  the required fee, a copy of the documents evidencing transfer of ownership, and the make, model, vehicle identification number, and odometer reading in a form and manner prescribed by the county sheriff, which shall include a requirement to provide one or more photographs or digital image of the vehicle, the vehicle identification number, and the odometer reading. 

01/14/2019 Version

Status:
03/07/2019: Passed legislature; sent to Governor Pete Ricketts (R)
02/21/2019: Advanced Enrollment and Review Engrossment
02/13/2019: Placed on Select File
02/08/2019: Amended; Advanced to Enrollment and Review Initial
02/04/2019: Placed on General File
01/28/2019: Hearing held
01/14/2019: Referred to Transportation and Telecommunications Committee
01/10/2019: Introduced

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