SB 2035, introduced by Senator Sara Kyle (D-Memphis), has been scheduled for a Senate Commerce and Labor Committee hearing. That hearing is scheduled for 12 March 2024, starting at 1:00 p.m. It is unclear if this bill will be passed from the Committee, but out of an abundance of caution, NAEDA is asking dealers to please contact the Committee and bill sponsor.
As a reminder, this bill would add a new section of law to the Tennessee Unfair and Deceptive Acts. It would mandate that OEMs make available parts, documentation, embedded software, firmware, or tools directly to owners and independent repair shops at “fair and reasonable costs.” The bill defines fair and reasonable as:
“terms that are equivalent to the most favorable terms that the manufacturer offers to an authorized repair provider, and costs that are no greater than the manufacturer’s suggested retail price, that are calculated using net costs incurred, and that account for discounts, rebates, or incentives offered.”
NAEDA has submitted written testimony to the Senate Commerce and Labor Committee members and Senator Kyle. If any dealers are available to provide in-person or written testimony, it will be very helpful in ensuring that the Senators understand the possible negative consequences this legislation will have on businesses and employees in the state. NAEDA also asks any dealers willing to contact Senator Kyle and ask that she withdraw this bill from the hearing to please do so.
To register for testimony, dealers must contact the Committee Research Analyst, Brandy Foust, no later than Monday, 11 March 2024, at 1:00 p.m. Her contact information is:
Phone: (615) 741-1100 ext. 44284
Email:Â Brandy.foust@capitol.tn.gov
Commerce and Labor Committee Members’ contact can be found here:
TN Senate Commerce and Labor Committee
(Clicking on their picture will take you to their profile page. Their email and phone numbers are listed below their pictures.)
To ask Senator Kyle to withdraw this bill from the hearing, she and her staff can be reached at:
Phone: (615) 741-4167
Email:Â sen.sara.kyle@capitol.tn.gov
and, ashley.peters@capitol.tn.gov
If dealers would like any additional information or to discuss how you can help NAEDA defeat this legislation, please contact our Government Affairs team directly at:
Eric Wareham, Sr. VP of Government Affairs
ewareham@naeda.com
or Kipp McGuire, Director of Government Affairs
kmcguire@naeda.com
