H1898B2688A05196 BIL:JSL 12/11/17 #90 A05196
AMENDMENTS TO HOUSE BILL NO. 1898
Sponsor: REPRESENTATIVE MUSTIO
Printer's No. 2688
Amend Bill, page 2, by inserting between lines 1 and 2
"Do-not-drive order." A notification provided to the owner
of an affected vehicle by a manufacturer or by the National
Highway Traffic Safety Administration unconditionally
instructing the owner to stop driving the vehicle until the
noncompliance or defect remedy is performed.
* * *
Amend Bill, page 2, line 11, by striking out "should" and
inserting
shall
Amend Bill, page 2, line 24, by striking out "15" and
inserting
30
Amend Bill, page 2, line 26, by striking out "or similar
notification"
Amend Bill, page 2, line 27, by inserting after "a " where it
occurs the second time
prorated
Amend Bill, page 2, line 28, by striking out "1.75%" and
inserting
1.5%
Amend Bill, page 2, lines 28 through 30; page 3, line 1; by
striking out ", or" in line 28, all of lines 29 and 30 on page 2
and "similar notification order remains in effect." in line 1 on
page 3 and inserting
, beginning on the date that is 30 days after the date on
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which the stop-sale or do-not-drive order was provided to the
dealer, until the earlier of the date the recall or remedy parts
are made available or the date the dealer sells, trades or
otherwise disposes of the affected used vehicle.
Amend Bill, page 3, line 6, by striking out "prior to" and
inserting
at the time of
Amend Bill, page 3, lines 7 and 8, by striking out "or
similar notification "
Amend Bill, page 3, lines 12 and 13, by striking out "or
similar notification "
Amend Bill, page 3, line 17, by striking out the period after
"repairs" and inserting
:
(i) in inventory at the time the stop-sale or do-
not-drive order was issued; or
(ii) which were taken into the used vehicle
inventory of the dealer as a lease return vehicle or
consumer trade-in incident to the purchase of a new
vehicle from the dealer after the stop-sale or do-not-
drive order was issued.
(3) Nothing in this section shall require a manufacturer
to provide total compensation to a dealer which would exceed
the total average trade-in value of the affected used motor
vehicle as originally determined under paragraph (1).
Amend Bill, page 3, line 20, by striking out "who" and
inserting
because the new vehicle dealer
Amend Bill, page 3, line 23, by striking out "or similar
notification"
Amend Bill, page 4, line 2, by striking out "or similar
notification"
Amend Bill, page 4, line 13, by striking out all of said line
and inserting
compensation provided for under subsection (a):
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(1) a manufacturer
Amend Bill, page 4, lines 16 and 17, by striking out
"subsection (a) or the " and inserting
subsection (a); or
(2) the
Amend Bill, page 4, line 17, by striking out the period after
"agree" and inserting
to equal or greater compensation than that provided
under subsection (a).
(e) Exclusive remedy.--Any compensation provided to a new
vehicle dealer pursuant to this section is exclusive and may not
be combined with any other Federal or State recall compensation
remedy.
Amend Bill, page 4, line 18, by striking out "(e)" and
inserting
(f)
Amend Bill, page 4, line 19, by inserting after "used"
retail
Amend Bill, page 4, line 19, by inserting after "purchasers"
at the time of sale
Amend Bill, page 4, line 20, by inserting after "vehicle "
retail
Amend Bill, page 4, line 26, by inserting after "vehicle "
retail
Amend Bill, page 4, line 26, by inserting after "purchasers"
at the time of sale
Amend Bill, page 6, lines 18 through 30; page 7, lines 1
through 4; by striking out all of said lines on said pages and
inserting
(b.1) Temporary license.--Upon receipt of a complete and
accurate new vehicle dealer application or new vehicle dealer
change of address application, the board shall issue a new
vehicle dealer license immediately. If the new vehicle dealer
does not have the franchise approval letter, the telephone
business line information, the certificate of occupancy or the
lease or deed for the property available when the application
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has been submitted, the new vehicle dealer shall receive a
temporary license that expires at the end of 45 business days
from the date of closing. The new vehicle dealer shall submit
the franchise approval letter, the telephone business line
information, the certificate of occupancy and the lease or deed
for the property prior to the expiration of the temporary
license. Upon receipt of the franchise approval letter, the
telephone business line information, the certificate of
occupancy and the lease or deed for the property, the board
shall issue a license immediately.
Amend Bill, page 7, line 27, by striking out ", including"
and inserting
relating to the
Amend Bill, page 7, line 28, by inserting after
"requirements"
, providing financial services to the customer and
preparation and retrieval of documents
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See A05196 in
the context
of HB1898