JOHN KRUGER



STATE LEGISLATIVE COORDINATOR
John Kruger
410-336-2557

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STATE LEGISLATIVE COORDINATOR'S REPORT
Between the Lines November 2020 issue

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What a whirlwind the last few weeks have been. 

As most of you should know by now, the Lemon Law revision to include motorcycles HB 26/SB 792 has moved out of the Senate Committee of Consumer Affairs. This is the culmination of almost a years’ work. Meetings after meetings, followed by zoom meetings or conference calls to come to an agreed language for an amendment clarifying the wording of the original bill.  Then to find a Senator like Mike Regan willing to propose the amendment.  All of this while this Covid-19 crisis took over the world as we know it. 

We knew there would be opposition to the bill from the Dealers Association as there was last session when it was proposed, but with the help of Senator Tomlinson’s office we are able to meet with their lobbyist to discuss their concerns and find a position they would find acceptable without giving up what we felt was most important, inclusion with current Automotive Lemon Law protection. 

After several meetings, the Dealers Association Lobbyist took it back to their meetings for their members to review, discuss and ultimately approve.  Then it was time to have the language reviewed by the Legislative Reference Bureau, prior to its actual introduction. 

And then on the day before the amendment was to be voted out of committee, a new group from Virginia suddenly surfaces in opposition of including motorcycles in the lemon law.  Thank goodness by this time all the hard work that each and every one of us has done, paid off as this was unanimously approved in the Senate Consumer Affairs Committee.  All this to get it to the Senate floor. 

I can’t wait to see what next month has in store.

Ride fast, ride safe, ride free

WOJDAK REPORT

A.B.A.T.E Legislation Update

Legislation of interest to A.B.A.T.E is listed below.  Wojdak Government Relations is working with our allies in the House and Senate to move these bills from committee and ultimately to the Governor’s desk.

 

HB 26/SB 792 – Rep. Pam Snyder’s bill and Senator Michelle Brooks bill to amend the Automobile Lemon Law to include motorcycles.  We are happy to report that on Tuesday, October 6, the Senate Consumer Protection & Professional Licensure Committee amended both SB 792 and HB 26 with the agreed to language negotiated between A.B.A.T.E. and the Motorcycle Dealers Association!  Also, on October 6, the Senate gave these bills as amended First Consideration. The bills now await full consideration and passage of the Senate which will likely take place the week of October 19.  Both bills will then have to go back to the House of Representatives for approval since they were amended by the Senate.  At this time, we are optimistic of the passage of this very important issue for A.B.A.T.E. this legislative session and will continue to keep you informed of further action.  Additionally, we would like to whole-heartedly thank Sen. Mike Regan who sponsored both amendment and spoke in favor of this agreement on the floor of the Senate.  Thank you Sen. Regan!

 

Specifics of the agreement include:

Lemon Law would not be compliant for any modification or alteration by the purchaser

·       There is no liability for Lemon Law for storage of the motorcycles with the Dealer

·       For Lemon Law compliance, a Dealer and the buyer must exhaust all efforts to correct the issues with the motorcycle.

·       Dual sport motorcycles driven off road would be exempt from the lemon law claims eligibility.

·       On newly purchased motorcycles the eligibility for a lemon law claim shall not exceed the warranty period and cannot be filed until at least three warranty claim attempts have been made to repair a particular issue.

·       Lemon law eligibility will expire 12 months from date of purchase or when manufactures warranty Expires, (whichever comes first).

·       An affidavit shall be signed by the Pennsylvania dealer that a minimum of three attempts to repair the same issue on a motorcycle prior to filing a lemon law claim.

·       The threshold for reimbursement in a lemon law claim shall not exceed the purchased price of the motorcycle for which the claim is filed.

·       To be eligible for a lemon law claim, all repairs, accessories and maintenance performed or added to a motorcycle must be done by a manufacturers authorized dealer with manufacture sourced parts.

 

HB 634 – Rep. Mark Keller’s Motorcycle Procession Bill.  The last legislative action on the bill was when it was referred to the Senate Transportation Committee.  John Kruger, Mark Richards and Wendy Hoover have now participated in several meetings with House and Senate staffers and representative from the Pennsylvania State Police and the Pennsylvania State Troopers Association.  Many suggestions and ideas on compromise language that would be acceptable by all parties were traded by the participants during these meetings.  We have had discussions in early July which we believe are bringing us closer to a compromise.

 

SB 62 – Sen. Judy Ward’s legislation to reduce the disability requirement to receive a severely disabled veteran license plate from 100% disability to at least 70% disability.  This bill was set on the Senate tabled calendar on March 27, 2019.

SB 732 – Sen. Camera Bartolotta’s legislation to add grass clipping to the list of items which cannot be spread on to a roadway or highway.  The bill was referred to the Senate Judiciary Committee on June 7, 2019 and remains in the Committee

 

2020 Senate Session Schedule

October           19, 20, 21

November       10

 

2020 House Session Schedule

October           19, 20, 21

November       10