Auto Care Association State Government Affairs Update: April 24, 2023

by Tod Moore, Manager, Advocacy and Grassroots

What's Moving:

Texas SB 1654, right to repair for electronic enabled agricultural equipment – Was heard by the Senate Water, Agriculture, and Rural Affairs Committee. It was a spirited conversation with witnesses in support and opposition. From the start of the hearing, it was clear the bill will be sent to an interim study committee in 2024 for consideration in 2025. Committee staff wrote a bill analysis that can be found here.

Texas SB 1083, a bill creating a preference for OEM parts and repairs – was approved by the full Senate via voice vote and is being sent to the House. California SB 244, a right to repair act for digital consumer goods - Was passed out of the Judiciary Committee and will be heard in the Senate Appropriations Committee on 4/24. The hearing featured testimony from the FTC on their report Nix the Fix and why the bill is important in their view. Oklahoma SB 593, a bill that would prohibit a manufacturer from denying a claim for chargeback against an auto dealer - Has been sent to the Governor to be signed into law.

North Dakota SB 2299, regulates scrap metal dealer registration and catalytic converter sales - Enacted into law by Governor Burgum.

Kansas HB 2326, which would extend the sunset date on scrap metal theft reduction act and clarify that catalytic converters are included in the act - Has been signed into law by the Governor. A short summary of the bill is here.

Missouri HB 37, a catalytic converter regulation bill - Has passed the House and is being sent to the Senate.

Iowa HF 713, a bill that would put regulations on transactions for used catalytic converters - Has passed the House and is being sent to the Senate.

Florida SB 306, the Catalytic Converter Antitheft Act - Has passed the Senate and added to the House 3rd reading calendar.

California AB 1519, which would prohibit tampering with VIN on catalytic converters - Has passed the Assembly Committee on Transportation and will be referred to the Committee on Public Safety.

California AB 641, a bill that defines automobile dismantler and puts regulation on selling catalytic converters - Has passed the Assembly Committee on Transportation and will be sent to the Appropriations Committee.

Texas HB 3352, regulates used and scrap tires - Has been passed out of the Environmental Regulation Committee and reported favorably without amendments

Montana HB 255, a catalytic converter bill - Was passed back to the House after being amended in the Senate.

State News This Week

12 states are out of session. Maine is in special session.

Washington state will be adjourning this Sunday, and lawmakers are focused this week on passing legislation as well as on amending existing bills to pass both chambers.

New York lawmakers are currently embroiled in budget negotiations, passing a short stopgap measure to ensure state-paid employees continue to get paid. They have reached a tentative deal around bail reform, however Assembly Democrats are still working on a deal with the Governor's office around housing reform.

Arizona lawmakers will be taking a week off next week, yet will continue to work on the budget and other urgent matters. With the suspension of member Rep. Liz Harris, the GOP does not have the 31st member needed for a party-line vote. However, Governor Hobbs and the GOP-controlled legislature are close to reaching a bipartisan budget deal.

Legislation We're Tracking

We are currently tracking 200 pieces of state legislation for the Auto Care Association and can provide a full list upon request.

Here are the bills we are watching closely:

State	Bill Number	Title	Status
California	SB 244	Right to Repair Act	Passed the Judiciary Committee and has been re-referred to the Appropriations Committee
California	AB 473	This bill would prohibit additional acts, including allocating vehicles, parts, accessories, and other items inconsistent with specified standards. The bill would also require the board to make a franchisor’s vehicle allocation schedule available for inspection by any franchisee.	Has been re-referred to the Committee on Transportation with amendments
Colorado	HB 23-1118	Fair Workweek Employment Standards	Has been postponed indefinitely in the Business Affairs and Labor Committee
Colorado	HB 23-1011	Consumer Right to Repair Agricultural Equipment	Has passed both chambers and Senate adopted the Committee report to repass
Georgia	SB 60	Secondary Metals Recyclers; it shall be illegal for certain persons to purchase, possess, obtain, or sell or attempt to purchase, possess, obtain, or sell	Has been sent to the Governor, legislature has adjourned
Hawaii	HB 53	Right-to-repair; Digital Electronic Equipment; Repairs; Original Equipment Manufacturers	Committee recommends the bill is deferred
Hawaii	HB 1287	Relating to the Right to Repair	Was referred to the House Consumer Protection and Commerce and the Finance Committees
Maryland	HB 920	Consumer Protection - Motor Vehicle Glass Repair or Replacement - Advanced Driver Assistance System Recalibration	Has been sent to the Governor's office to be enacted into law.
Massachusetts	HD 557	An Act Relative To Disclosure Notice In The Right To Repair Motor Vehicle Data Law	Draft Filed
Massachusetts	HD 2473	An Act Establishing The Fair Calculation Of Labor Rates Paid By Insurance Companies To Auto Repairers In The Commonwealth.	Draft Filed
Massachusetts	S 142	An Act Relative to Digital Right to Repair	Referred to the Senate Committee on Consumer Protection and Professional Licensure.
Missouri	HB 698	Changes the laws regarding consumer products so that certain individuals and businesses have a right to repair information from certain manufacturers	Has been re-referred to the House Committee on Rural Development
Missouri	HB 532	Modifies provisions relating to keeping records for the sale of certain materials	Has been committed to House Legislative Review
Missouri	HB 555	Establishes the offense of unlawful possession of a detached catalytic converter	Bill has been postponed
Nebraska	LB 782	Change provisions relating to salvage branded certificates of title and consumer care of motor vehicles	Amended in the Transportation and Communications Committee
New Mexico	SB 50	Right to Repair Act	The bill has been enacted into law
New Jersey	A 3612	Concerns Right to Repair Farm Equipment and Lawn Mowers	Referred to the Assembly Agriculture and Food Security Committee.
New York	A 210	In the repair of a collision damaged motor vehicle, no motor vehicle repair shop or insurer shall deviate from the collision repair guidelines, procedures, recommendations and service bulletins...	Referred to the Insurance Committee
New York	A 2263	Requires motor vehicle repair shops to disclose certain information to customers	Referred to the Assembly Transportation Committee
Oregon	SB 542	Relating to a right to repair consumer electronic equipment; prescribing an effective date.	Continued to be considered in a Senate Work Session held through 4/4
Rhode Island	HB 5731	An Act Relating To Insurance -- Motor Vehicle Replacement Parts (Defines A Used Part And Creates Standards For Use Of Used Parts In Damaged Motor Vehicles, For Motor Vehicle Replacement Parts	Recommended by the Committee to be held for further consideration
Rhode Island	HB 5841	An Act Relating To Commercial Law -- General Regulatory Provisions -- Purchase And Sale Of Precious Metals	Recommended by the Committee to be held for further consideration
Texas	SB 1083	Relating to insurer restrictions and duties regarding repair of a motor vehicle covered under an insurance policy	Has passed the Senate and received by the House
Texas	HB 3476	Relating to insurer restrictions and duties regarding repair of a motor vehicle covered under an insurance policy.	Referred to the House Insurance Committee.
Vermont	S 46	An act relating to the Vermont Fair Repair Act	Referred to the Committee on Economic Development, Housing and General Affairs.

Statehouse Automobile Reports

The Ohio Ballot Board unanimously approved a proposal that would increase the minimum wage to $15 an hour. This will now be a ballot measure in the 2024 elections.

Minnesota House Democrats passed a $1 billion climate and energy package that includes provisions around zero greenhouse gas emissions, restrictions on PFAS, and establishing of a green bank. The plan will now move to the Senate.

In Iowa, residents will be up against a $5 million cap in pain and suffering damages in lawsuits that involve trucks or other commercial vehicles. The bill is being sent to the Governor for her signature into law, and would aim to protect trucking businesses against high insurance costs. However, some lawmakers are opposed claiming the bill puts a price on human life and well-being.

For questions, email govaffairs@autocare.org.

About section background | Auto Care Association

Mike Chung

is director, market intelligence at Auto Care Association. With more than a dozen years of experience in market research, Chung provides the industry with timely information on key factors and trends influencing the health of the automotive aftermarket to help businesses throughout the supply chain make better business decisions. Chung has earned degrees in chemical engineering, environmental health, and business administration. He can be reached at michael.chung@autocare.org.

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