COMMITTEE ON TRANSPORTATION
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2418
(Reference to printed bill)
Page 1, line 14, strike "or for political or ideological purposes"
Line 15, after the second quotation mark insert ":
(a)"; after "means" insert "a"; after "firmware" insert "system"; strike "a"
Strike line 16, insert "is owned, leased or licensed by a dealer, that includes a system of web‑based applications, computer software or computer hardware, whether located at the motor vehicle dealership or hosted remotely, and that stores or provides access to protected dealer data.
(b) Includes dealership management systems and consumer relations management systems."
Line 18, strike "customer" insert "consumer"
Strike lines 39 through 42
Reletter to conform
Line 43, strike "are" insert "is"
Page 2, line 3, after the second quotation mark insert ":
(a)"
Between lines 5 and 6, insert:
"(b) Includes information that the manufacturer uses only for the purposes for which the information is provided and that is reasonably necessary to allow a manufacturer to fulfill its obligations under federal or state law relating to any of the following:
(i) A safety, recall or other legal notice obligation.
(ii) The sale and delivery of a new motor vehicle to a consumer.
(iii) The VALIDATION and payment of consumer or dealer incentives.
(iv) Claims for dealer supplied services relating to warranty parts or repairs.
(v) The evaluation of dealer performance, including the evaluation of sales or service consumer satisfaction with the dealer THROUGH direct consumer contact or consumer surveys.
(vi) Dealer and market analytics.
(vii) The identification of the dealer that sold or leased a specific vehicle and the date of the transaction.
(viii) Marketing purposes designed to benefit dealers."
Page 2, line 14, before the first "a" insert "A third party may not require a dealer to grant the third party or any person acting on behalf of the third party direct or indirect access to the dealer's dealer data system."
Line 26, strike "of any kind"
Lines 40 and 42, strike "restriction" insert "limitation or condition"
Page 3, line 1, strike "restriction" insert "limitation"
Line 19, after "dealer" insert ", except that if the bonus, incentive, rebate or other payment program requires the delivery of the information that is protected dealer data to qualify for the program and receive the program benefits, a dealer must supply the information to participate in the program."
Strike lines 24 through 38
Reletter to conform
Line 41, after "only" insert "in direct connection with the specific purpose for which the protected dealer data was provided or"
After line 43, insert:
"E. A manufacturer shall indemnify a dealer for any third‑party claims asserted against or damages incurred by the dealer to the extent caused by access to, use of or disclosure of protected dealer data in violation of this section by the manufacturer or a third party to whom the manufacturer has provided the protected dealer data. A dealer bringing a cause of action against a manufacturer for a violation of this section has the burden of proof."
Page 4, line 27, strike "unrestricted"; after "to" insert "or an ELECTRONIC copy of"
After line 38, insert:
"28-4655. Applicability
This article does not:
1. Govern, restrict or apply to data that exists outside of a dealer data system, including data that is generated by a motor vehicle.
2. Authorize a dealer or third party to use data that is obtained from a consumer in a manner that is inconsistent with either:
(a) An agreement with the consumer.
(b) The purposes for which the consumer provided the data to the dealer or third party."
Amend title to conform