Federal Legislative Objectives

113th Congress, 2nd Session – January 1-December 31, 2014

I. Monitor Legislation in the 113th Congress

A. The Washington, D.C., office will advocate positions before the Congress in support of or in opposition to legislation as directed by the ASA board of directors.

B. The Washington, D.C., office will, at the direction of the ASA board, develop new legislation and seek sponsors and supporters for the legislation both inside and outside the Congress to benefit ASA members.

C. The Washington, D.C., office will study, evaluate and report on all new legislation and its potential impact on ASA members.

D. The Washington, D.C., office will garner grassroots support from ASA members and other interested parties on issues of principal concern.

E. The Washington, D.C., office will use official publications, online monitoring technology and other available resources to further the legislative and regulatory goals of ASA.

F. The Washington, D.C., office will work with ASA’s Government Affairs Committee and ASA’s board of directors to develop political action committee participation by ASA members.

II. Develop a Position and a Lobbying Strategy for All Important Legislation

The Washington, D.C., office will recommend positions and advocacy strategies to ASA’s board of directors for legislation that has been introduced or for any new proposals to be supported or opposed by ASA.

A. Reform of the Insurance Industry

1. ASA supports requiring insurers and auto collision facilities to provide disclosure of part type, description and warranty information to the consumer for all part types including, but not limited to, original equipment manufacturer, aftermarket, recycled, remanufactured, reconditioned and rebuilt crash parts.

ASA supports quality parts, certified and verified in which the quality is determined based on empirical and measurable evidence equal to the standard of OEM parts. ASA recommends quality verification and testing related to metallurgy, fit, functionality and responsiveness. ASA believes a competitive parts marketplace, of tested and verified quality parts, is in the best interest of the motoring public. ASA continues to oppose parts policies that focus solely on cost efficiency without regard to certification, verifiable quality and safety.

2. ASA supports the repeal or modification of the McCarran-Ferguson Act, which exempts the insurance industry from federal antitrust laws.

3. ASA supports more stringent solvency regulations.

4. ASA opposes insurer-owned repair facilities.

5. ASA opposes the use of

Most Favored Nation or Customer clauses, by insurance companies, in direct repair agreements.

6. ASA opposes insurers using mandatory parts procurement programs as part of their direct repair programs.

7. ASA supports the federal regulation of the property and casualty insurance industry.

B. Vehicle Inspection Legislation and Regulations

1. ASA promotes and supports federal programs for assistance to the states in establishing motor vehicle inspections for safety and emissions.

2. ASA supports a mandatory federal emissions vehicle inspection program.

3. ASA supports legislation that encourages states to adopt safety inspection programs, combined with vehicle emissions inspection programs, where feasible.

4. ASA supports technician training and certification initiatives that will generate qualified technicians to perform additional maintenance and repairs. ASA supports technician tracking programs to compile data on technician performance to assist management decisions to improve training, assist shop owners in selecting skilled technicians and provide an incentive for technicians to seek training.

5. ASA opposes legislation promoting accelerated vehicle scrappage programs in instances where older, high-emitting vehicles can be identified and adequately repaired except if a repair option exception is included in the scrappage proposal.

6. ASA supports a federal study by the National Highway Traffic Safety Administration of the effectiveness of state safety inspection and maintenance programs.

C. Labor Legislation

1. ASA supports a system of voluntary, nondiscriminatory private sector health care benefits. ASA encourages members to voluntarily provide benefits, but opposes legislation that would compel all employers to offer health care coverage to their employees.

2. ASA supports 100 percent deductibility of health costs in small business.

3. ASA supports employer compliance with the Occupational Safety and Health Administration’s (OSHA) “worker right-to-know” regulations. ASA opposes further legislation that would duplicate or strengthen OSHA’s extensive hazard notification requirements. ASA opposes new regulations that place the responsibility of safety in the hands of the employee and not the employer.

4. ASA supports tax incentives for employers to offer a wide array of employee benefits.

5. ASA opposes legislation that would bar employers from permanently replacing striking workers.

6. ASA supports OSHA’s consultation program and encourages its members to participate.

7. ASA supports federal incentives for training and apprenticeship programs.

8. ASA supports a reasonable ergonomics regulation for small businesses.

9. ASA supports a federal exemption for overtime pay for independent automotive technicians.

D. Small Business Legislation

1. ASA supports the reform of product liability law through enactment of a uniform federal product liability law to replace the current system of differing state product liability laws. ASA supports federal and state tort reform.

2. ASA opposes granting vehicle manufacturers’ monopoly copyright or patent rights on sheet metal parts or design patents on the shapes of other OE parts.

3. ASA supports the continued reform of the U.S. tax code.

4. ASA supports a constitutional balanced budget.

5. ASA supports regulatory flexibility legislation requiring analysis of the likely impact of federal legislation and regulations upon small businesses and to clarify procedures for judicial review of federal agency compliance with regulatory flexibility.

6. ASA supports legislation to reduce federal paperwork and regulatory burdens.

7. ASA supports legislation and regulations that create affordable business liability, health and worker compensation programs.

8. ASA supports repair shop licensing that includes, but is not limited to, technician training and equipment requirements.

E. Environmental Legislation

1. ASA supports legislation or regulations that limit the sale and distribution of automotive refinish products to those repair facilities with the proper training and equipment necessary for the safe and environmentally sound use of those products.

2. ASA supports attempts to reduce the amount of oil and antifreeze disposed of improperly each year through recycling legislation with business incentives.

3. ASA supports legislation that would provide incentives for the recycling of scrap tires and lead-acid batteries.

4. ASA encourages members to comply with all recycling and disposal voluntary and mandatory laws.

5. ASA supports independent repair and consumer education regarding repair and retrofit of A/C systems.

F. Motor Vehicle Titling Legislation

1. ASA supports national uniform motor vehicle titling legislation.

2. ASA supports national total loss data legislation.

3. ASA supports post-repair vehicle inspection.

4. ASA opposes arbitrary limits on vehicles capable of being repaired.

5. ASA supports removing the cost of repairing, replacing or reinstalling inflatable safety restraints from the total cost of repairs to rebuild or reconstruct a vehicle.

G. Information Availability

ASA supports the ASA-Alliance-AIAM Agreement requiring original equipment manufacturers to provide all emissions and non-emissions service information, training, tools and tool information necessary to repair a vehicle.

H. Airbags

ASA opposes the use of all used and salvage airbags in automobiles.

III. Monitor Changes in Existing Government Regulations

A. The Washington, D.C., office monitors and reports to the ASA membership on proposals and changes in federal agency regulatory actions that may affect ASA members’ businesses.

B. ASA supports and actively participates in a variety of government coalitions and working groups. ASA’s Washington representative has served on advisory committees of the U.S. Depart­ments of Transportation and Justice on issues regarding vehicle theft and titling and other issues, in addition to several advisory committees of the U.S. Environmental Protection Agency and the U.S. Department of Labor.

C. ASA will continue to participate in and coordinate comments and responses to the EPA, OSHA and other agency regulations.

IV. Monitor Federal and State Court Activity

V. Provide Ongoing Guidance to States in Matters of Shop and Technician Licensing and Certification

VI. Respond to the Directives of the Board of Directors and Coordinate Actions According to the Dictates of ASA Strategic Planning

VII. Provide Publications and Public Information Services on Behalf of ASA

A. The Washington, D.C., office will provide press releases, special reports and other public relations materials to complement and support ASA’s legislative and regulatory activities and keep ASA members aware of what is happening in Washington that may affect their businesses.

B. The Washington, D.C., office will continue working with the national news media and with other automotive trade publications.

C. ASA encourages the independent automotive repair industry to use ASA’s legislative and regulatory website: www.TakingTheHill.com.

State Legislative Objectives

January 1-December 31, 2014

I. Monitor State Legislation and Regulations

A. The Washington, D.C., office will advocate positions before state legislatures and agencies in support of or in opposition to legislation or regulations as directed by the ASA board of directors.

B. The Washington, D.C., office will submit testimony, when appropriate, in favor of or in opposition to proposed legislation and regulations.

C. The Washington, D.C., office will develop favorable new legislation and seek sponsors and supporters both inside and outside the state legislature.

D. The Washington, D.C., office will study, evaluate and report on all new legislation for its potential impact on ASA members.

E. The Washington, D.C., office will garner grassroots support from ASA members and other interested parties on issues of principal concern.

F. The Washington, D.C., office will develop industry coalitions to assist ASA members in state legislative and regulatory activity.

II. Develop a Position and a Lobbying Strategy for Important Legislation

The Washington, D.C., office will recommend positions and advocacy strategies for legislation that has been introduced or for any new proposals to be supported or opposed by ASA.

A. Insurance Reform

1. ASA supports state legislation that provides that no motor vehicle insurance policy may require the insured to use a particular repair facility for repair services.

2. ASA supports requiring insurers and auto collision facilities to provide disclosure of part type, description and warranty information to the consumer for all part types including, but not limited to, original equipment manufacturer, aftermarket, recycled, remanufactured, reconditioned and rebuilt crash parts.

ASA supports quality parts, certified and verified in which the quality is determined based on empirical and measurable evidence equal to the standard of OEM parts. ASA recommends quality verification and testing related to metallurgy, fit, functionality and responsiveness. ASA believes a competitive parts marketplace, of tested and verified quality parts, is in the best interest of the motoring public. ASA continues to oppose parts policies that focus solely on cost efficiency without regard to certification, verifiable quality and safety.

3. ASA opposes state legislation that allows insurance companies to offer policyholders the option of purchasing policies that provide that only certain repair facilities will be used in the event of a claim in return for reduced premium charges.

4. ASA opposes insurance companies having an ownership interest in repair facilities.

5. ASA supports removing the cost of repairing, replacing or reinstalling inflatable safety restraints from the total cost of repairs to rebuild or reconstruct a vehicle.

6. ASA opposes the use of Most Favored Nation or Customer clauses, by insurance companies, in direct repair agreements.

7. ASA opposes insurers using mandatory parts procurement programs as part of their direct repair programs.

B. Vehicle Safety and Emissions Inspections

1. ASA supports legislation that encourages states to adopt safety and inspection programs, combined with vehicle emissions inspection programs, where feasible.

2. ASA supports effective state vehicle emissions inspection and maintenance programs tailored to meet each state’s unique requirements.

C. Clean Air Issues

1. ASA supports state legislation that limits the sale and distribution of automotive refinish products to those repair facilities with the proper training and equipment necessary for the safe and environmentally sound use of those products.

2. ASA opposes state legislation promoting accelerated vehicle scrappage programs in instances where older, high-emitting vehicles can be identified and adequately repaired except if a repair option exception is included in the scrappage proposal.

3. ASA opposes state Clean Car super warranty regulations modeled after current California state law.

D. Miscellaneous Legislation

1. ASA opposes state legislation that attempts to limit the payment plans by which automotive technicians are compensated.

2. ASA opposes state legislation that requires automotive repair shops to provide long-term warranties on labor and parts.

3. ASA supports state repair shop licensing that includes, but is not limited to, technician training and equipment requirements and has an industry oversight board.

4. ASA supports state incentives for training and apprenticeship programs.

5. ASA supports legislation and regulations that create affordable business liability, health and worker compensation programs.

III. Develop a Long-Term Grassroots Education Program

A. The Washington, D.C., office will work with the national office to disseminate information to ASA members to enhance ASA’s advocacy efforts.

B. The Washington, D.C., office will use new technologies to reach members and inform them of opportunities for grassroots lobbying activities.

C. The Washington, D.C., office will conduct state education activities to enhance independent repair state positions. The Washington office will develop targeted state initiatives to advance ASA national legislative policies.

D. ASA encourages the independent automotive repair industry to use ASA’s legislative and regulatory website: www.TakingTheHill.com.

IV. Develop Political Action Committee Participation

The Washington, D.C., office will work with ASA’s Government Affairs Committee and ASA’s board of directors to develop political action committee participation by ASA members.

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