Fifty-third Legislature                             Transportation and Technology

First Regular Session                                                   H.B. 2331

 

PROPOSED AMENDMENT

SENATE AMENDMENTS TO H.B. 2331

(Reference to House engrossed bill)

 


Page 6, line 7 after "A" insert "PRORATED"

Lines 9 and 10 strike "WHILE THE RECALL OR REMEDY PARTS ARE UNAVAILABLE OR THE STOP-SALE OR DO NOT DRIVE NOTIFICATION REMAINS IN EFFECT" insert "BEGINNING FIFTEEN DAYS AFTER THE DATE ON WHICH THE STOP-SALE OR DO NOT DRIVE NOTIFICATION WAS PROVIDED TO THE DEALER UNTIL THE EARLIER OF EITHER OF THE FOLLOWING:

(1) THE DATE THE RECALL OR REMEDY PARTS ARE MADE AVAILABLE.

(2) THE DATE THE DEALER SELLS, TRADES, OR OTHERWISE DISPOSES OF THE AFFECTED USED MOTOR VEHICLE."

Line 15, after the period insert "SUBJECT TO THE AUDIT PROVISIONS OF THIS SECTION,"

Line 16, strike "A" insert "AN INDIVIDUAL DEALER"

Line 17, after "REMOVAL" insert "OF THE INDIVIDUAL DEALER"

Line 20, after "SECTION" insert a period and strike remainder of line

Strike line 22, insert "THIS SUBSECTION SHALL NOT APPLY TO AN ACTION BY A MANUFACTURER THAT IS APPLIED UNIFORMLY AMONG ALL NEW MOTOR VEHICLE DEALERS OF THE SAME LINE-MAKE IN THIS STATE."

Between lines 38 and 39 insert:

"Y. A MANUFACTURER MAY DIRECT THE MANNER AND METHOD IN WHICH A NEW MOTOR VEHICLE DEALER MUST DEMONSTRATE THE INVENTORY STATUS OF AN AFFECTED USED MOTOR VEHICLE TO DETERMINE ELIGIBILITY FOR COMPENSATION UNDER SUBSECTION U, PROVIDED THAT THE MANNER AND METHOD MAY NOT BE UNDULY BURDENSOME AND MAY NOT REQUIRE INFORMATION THAT IS UNDULY BURDENSOME TO PROVIDE.

Z. NOTHING IN SUBSECTIONS U THROUGH CC SHALL REQUIRE A MANUFACTURER TO PROVIDE TOTAL COMPENSATION TO A NEW MOTOR VEHICLE DEALER WHICH WOULD EXCEED THE TOTAL AVERAGE TRADE-IN VALUE OF THE AFFECTED USED MOTOR VEHICLE.

AA. ANY REMEDY PROVIDED TO A NEW MOTOR VEHICLE DEALER UNDER SUBSECTIONS U THROUGH CC IS EXCLUSIVE AND MAY NOT BE COMBINED WITH ANY OTHER STATE OR FEDERAL REMEDY."

Reletter to conform

Page 7, line 1, strike "Y" insert "AA."

Line 10 strike "SOME OR ALL OF"

Amend title to conform


 

 

BOB WORSLEY

 

23310447.docx

03/13/2017

04:47 PM

S: KN/jn