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ASA Sets Legislative Objectives For 105th Congress
Posted 1/9/1997
By Robert L. Redding, Jr.
The Automotive Service Association (ASA) has set its
legislative objectives for the first session of the 105th Congress,
which convened Jan. 7, 1997. The objectives outline ASA's position
and strategy on key issues facing the automotive aftermarket,
as well as small businesses.
In addition to monitoring legislation in the 105th Congress, ASA
will pursue the following in 1997:
Reform Of The Insurance Industry
- ASA supports the repeal or modification of the McCarran-Ferguson
Act, which exempts the insurance industry from federal antitrust
laws.
- ASA supports legislation that prevents insurance companies
from requiring the use of aftermarket crash parts unless the vehicle
owner consents in writing.
- ASA supports legislation providing for the disclosure of
certain insurance data to facilitate assessment of any relationship
between liability insurance cost and the civil justice system.
- ASA supports legislation to restore the authority of the
Federal Trade Commission over the business of
insurance.
- ASA supports more stringent solvency regulations.
Vehicle Inspection Legislation
- ASA promotes and supports federal programs for assistance
to the states in establishing motor vehicle inspections for safety
and emissions. The federal programs should provide inspection
criteria and give technical, limited administrative and financial
start-up assistance to the states, so that each state may implement
an inspection program tailored to meet its own unique requirements.
- ASA supports legislation that encourages the states to
adopt safety inspection programs, combined with vehicle emissions
inspection programs (I&M) where feasible.
- 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 to select skilled
technicians and provide an incentive for technicians to seek training.
- ASA opposes accelerated vehicle scrappage programs in instances
where older, high-emitting vehicles can be identified and adequately
repaired. ASA supports programs that encourage private industry
polluters to give subsidies to needy vehicle owners to assist
in repairing older vehicles so they comply with safety and emission
standards.
- ASA supports the original mission of the Coalition for
Safer, Cleaner Vehicles (CSCV). ASA supports strengthening CSCV
through strong leadership, financial order and broadened focus
to reflect the goals of ASA regarding the promotion of safety
and emissions inspections and training programs.
Labor Legislation
- ASA supports a system of voluntary, non-discriminatory
private sector health care benefits. ASA opposes legislation that
would compel all employers to offer health care coverage to their
employees.
- ASA supports the continued deductibility of health costs
in small business.
- 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 supports tax incentives for employers to offer a wide
array of employee benefits.
- ASA opposes legislation that would bar employers from permanently
replacing striking workers.
Small Business Legislation
- 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 reforms.
- ASA opposes granting vehicle manufacturers monopoly copyright
or patent rights on sheet metal parts or design patents on the
shapes of other OE parts.
- ASA supports the Coalition for Fiscal Restraint (COFIRE)
to oppose any new federal taxes and to urge Congress to restore
the capital gains tax.
- ASA supports a constitutional balanced budget amendment.
- ASA opposes new and added administrative responsibilities
and costs for all automotive repair establishments through regulations
under the Anti-Car Theft laws.
- ASA supports vertical price-fixing prevention legislation
to outlaw conspiracies between large retailers and manufacturers
to make merchandise unavailable to independents who discount the
price of the product.
- ASA supports regulatory flexibility legislation to require
analysis and estimates of the likely impact of Federal legislation
and regulations upon small business and to clarify procedures
for judicial review of Federal agency compliance with regulatory
flexibility analysis requirements.
- ASA supports legislation to reduce Federal paperwork and
regulatory burdens.
Environmental legislation
- ASA supports legislation that establishes the procedural
means to limit the transfer of automotive products containing
volatile organic compounds to those who are properly trained and
certified to sell, apply and dispose of such products.
- ASA supports attempts to reduce the amount of oil and antifreeze
disposed of improperly each year through recycling legislation
with business incentives.
- ASA supports legislation that would provide incentives
for the recycling of scrap tires and lead-acid batteries.
Motor Vehicle Titling Legislation
- ASA supports uniform federal motor vehicle titling
legislation.
- ASA opposes titling legislation that defines a "salvage
vehicle" by an arbitrary assessment of damage as it relates
to current retail value.
Monitor Changes In Existing Government Regulations
The Washington office monitors and reports to the ASA membership
on proposals and changes in federal agency regulatory actions
that may affect ASA members' businesses. ASA will pay particular
attention to new regulations governing the Clean Air Act amendments,
hazardous waste, community right-to-know, underground storage
tanks and Superfund.
ASA supports and actively participates in the Washington Aftermarket
Group, the Coalition for Competitive Repair Parts, the Antifreeze
Coalition and the Small Business Legislative Council and a variety
of government coalitions and working groups. The Washington representative
serves on advisory committees of the U.S. Departments of Transportation
and Justice on issues regarding vehicle theft and titling, in
addition to an advisory committee of the U.S. Environmental Protection
Agency concerning storm water issues.
ASA will continue to participate in and coordinate comments and
responses to EPA and OSHA rules and other agency regulations.
It will monitor Department of Labor, Education and Transportation
proposals and grants for training; monitor federal and state court
activity; provide ongoing guidance to the states in matters of
shop and technician licensing and certification; respond to the
directives of the board of directors and coordinate actions according
to the dictates of the ASA master plan; provides public relations
and public information services on behalf of ASA.
The Washington office, upon request of the officers or board of
directors, will provide special trade and antitrust legal opinions
and services to ASA. It will respond to other special requests
of the board and maintain liaison with other automotive and related
trade association on legislation and regulations;
The Washington office will provide press releases, special reports
and other public relations materials to complement and support
ASA's legislative and regulatory activities and to keep ASA members
aware of what is happening in Washington that may affect their
businesses. The Washington office will continue working with the
national news media and with other automotive trade associations.
ASA To Pursue State Legislative Objectives
In addition to its federal legislative objectives, the Automotive
Service Association (ASA) will purse the following state legislative
objectives in 1997:
Monitor State Legislation
The Washington Office Will:
- Lobby in support or opposition to pending or future legislation
in order to influence state legislatures to fashion legislation
that is most favorable to ASA businesses.
- Develop favorable new legislation and seek sponsors and
supporters both inside and outside the state legislature.
- Study, evaluate and report on all new legislation for its
potential impact on ASA members.
- Garner grassroots support from ASA members and other interested
parties on issues of principal concern.
Develop Positions And Lobbying Strategies
The Washington Office will recommend positions and lobbying
strategies for legislation that has been introduced or for any
new proposals to be supported or opposed by ASA.
Insurance Reform
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.
ASA supports state legislation that prevents insurance
companies from requiring the use of aftermarket crash parts unless
the vehicle owner consents in writing.
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.
Vehicle safety and emissions inspections
ASA supports legislation that encourages the states to
adopt safety inspection programs, combined with vehicle emissions
inspection programs where feasible.
ASA supports effective state vehicle emissions inspection
and maintenance programs tailored to meet each state's own unique
requirements.
Clean Air Issues
- ASA supports state legislation that limits the sale
and distribution of automotive refinish products.
- ASA opposes state legislation promoting accelerated vehicle
scrappage programs in instances where older, high-emitting vehicles
can be identified and adequately repaired.
Miscellaneous Legislation
- ASA opposes state legislation that attempts to limit
the payment plans by which automotive technicians are compensated.
- ASA opposes state legislation that requires automotive
repair shops to provide long-term warranties on labor and parts.
- ASA opposes state legislation that requires repair shop
licensing or registration without the majority consent of repair
facilities statewide.
- ASA opposes state legislation that would require motor
vehicle repair technicians to give all customers a firm estimate
of the time and money required to complete repair jobs.
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Bob Redding is the Automotive Service Association's Washington, D.C., representative. He is a member of several federal and state advisory committees involved in the automotive industry.
For more information about the legislative activities of ASA, visit www.TakingTheHill.com.
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