Maryland Department of Transportation Motor Vehicle Administration

2018 LEGISLATIVE SESSION

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HIGHLIGHTS

 

2018 Proposed Legislation

Senate Bills

House Bills

Total Bills

# Introduced in the 2018 Session

1,269

1,832

3,101

# Passed both sides

403

486

889

# Monitored by the MDOT MVA

100

137

237

# Supported by the MDOT MVA

3

4

7

# Opposed by the MDOT MVA

0

0

0

# Letters of Information by the MDOT MVA

12

6

18

# Monitored by MDOT MVA that passed

36

24

60

The Maryland Department of Transportation Motor Vehicle Administration (MDOT MVA) monitored approximately 237 bills during the 2018 session, approximately 8% of the 3,101 bills introduced.  This figure represents approximately 44% of the 536 bills tracked by MDOT.  Thirty-nine bills that passed both houses of the General Assembly will have a direct impact on MDOT MVA.

The following highlights the bills that have passed and will have a direct impact on MDOT MVA, our customers, or other transportation related issues.


VEHICLE BILLS

Chapter 174 (HB 0330) & Chapter 175 (SB 0215) Motor Vehicle Registration – Exception for Golf Carts – Town of Vienna

http://mgaleg.maryland.gov/2018RS/chapters_noln/Ch_174_hb0330E.pdf

http://mgaleg.maryland.gov/2018RS/chapters_noln/Ch_175_sb0215E.pdf

This bill creates an exception from the motor vehicle registration requirement for golf carts in the Town of Vienna, under certain circumstances.  The bill provides that a person who operates a golf cart on a county highway in the Town of Vienna without registration may do so only on a highway on which the maximum posted speed limit does not exceed 30 miles per hour, only between dawn and dusk, and only if the golf cart is equipped with lighting devices as required by the MDOT MVA.  The bill requires a person operating a golf cart in the Town of Vienna to possess a valid driver’s license and keep the golf cart as far to the right of the roadway as feasible.  Finally, the bill authorizes the town government to designate the highways within the Town of Vienna on which a person may operate a golf cart.

Effective Date – June 1, 2018


Chapter 186 (HB 0106) & Chapter 187 (SB 0475) Emergency Vehicles – Organ Delivery Vehicles

http://mgaleg.maryland.gov/2018RS/chapters_noln/Ch_186_hb0106T.pdf

http://mgaleg.maryland.gov/2018RS/chapters_noln/Ch_187_sb0475T.pdf

This bill alters the definition of “emergency vehicle” to include an organ delivery vehicle, and defines an “organ delivery vehicle” as a vehicle that is used or maintained to transport organs on an emergency basis.  The bill authorizes the MDOT MVA to designate an organ delivery vehicle as an emergency vehicle only if it is registered to a federally designated organ procurement organization or a professional organ transportation organization.  The bill authorizes a driver of an emergency vehicle transporting, on an emergency basis, a human organ for transplantation or medical personnel for the purpose of performing human organ recovery or transplantation, to exercise the privileges applicable to emergency vehicles.  However, the bill prohibits a driver of an organ delivery vehicle from exercising those privileges unless the driver is certified to operate emergency vehicles through completion of an emergency vehicle operator course approved by the Maryland Fire and Rescue Institute.  Finally, the bill requires an organ delivery vehicle to be equipped with or display red, white, or red and white lights or signal devices.

Effective Date – July 1, 2018


Chapter 195 (HB 1161) & Chapter 196 (SB 0856) Maryland Automobile Insurance Fund – Uninsured Division – Uninsured Motorists

http://mgaleg.maryland.gov/2018RS/chapters_noln/Ch_195_hb1161T.pdf

http://mgaleg.maryland.gov/2018RS/chapters_noln/Ch_196_sb0856T.pdf

This bill creates the Uninsured Division, within the Maryland Automobile Insurance Fund, to administer certain activities related to reducing the rate of uninsured motorists in the State.  The bill creates an Uninsured Motorist Education and Enforcement Fund to provide funding for the education of drivers about, and the enforcement of, the security requirements for motor vehicles under Maryland law.  The bill creates the Program to Incentivize and Enable Uninsured Vehicle Owners to Be Insured, within the Uninsured Division, to reduce the number of uninsured vehicles in the State, in part, by waiving 80% of uninsured vehicle penalties that became delinquent on or before December 31, 2016, for eligible participants.  The Program will run for not more than 180 days sometime between July 1, 2018 and December 31, 2019.  To be eligible to participate in the Program, an individual must be a Maryland resident, have delinquent uninsured vehicle penalties that accrued on or before December 31, 2016, not have the required security on any vehicle owned by the individual, and not have been issued a judgement by the Central Collection Unit (CCU).  The bill requires the MDOT MVA and the CCU to provide the Uninsured Division with contact information for, and the total amount of delinquent uninsured vehicle penalties owed by, each individual who may be eligible to participate in the Program.  The Uninsured Division must then notify eligible individuals about the Program, the total amount of their delinquent penalties, and the amount of those penalties that may be waived under the Program.  For applicants that meet the eligibility requirements for the Program, the MDOT MVA shall waive 80% of the applicant’s eligible penalties.  As a condition of receiving a waiver, an individual shall pay the remaining balance of the delinquent penalties, including a CCU fee, if applicable, either before the end of the Program period, or within 6 months after entry into the Program, if using a monthly installment payment plan.  Also as a condition of receiving a waiver under the Program, a participant who owns a vehicle, or who subsequently registers a vehicle, shall purchase and maintain the required security on the vehicle for either 6 months, or 1 year if the amount waived exceeds $3,000.  If a Program participant fails to comply with the conditions of the Program, the MDOT MVA may reinstate any waived penalties.  On notification from the Uninsured Division that the required amount of uninsured penalties and CCU fees have been received from a Program participant, the MDOT MVA shall allow the participant to register a vehicle.  The MDOT MVA is required, under the bill, to provide information to the Uninsured Division about all notices of final terminations of required security received by the MDOT MVA.  On receipt of such notice from the MDOT MVA, the Uninsured Division may, at least 60 days after the effective date of the termination, send notice to the vehicle owner, providing information about vehicle liability insurance and insurers that write motor vehicle liability insurance in the State.

Effective Date – July 1, 2018


Chapter 315 (SB 0372) Estates and Trusts – Transfer From Revocable Trust – Exemption From Taxes and Fees

http://mgaleg.maryland.gov/2018RS/chapters_noln/Ch_315_sb0372T.pdf

This bill exempts from both the excise tax and the title fee a vehicle transferred to a beneficiary of a revocable trust as a result of the death of the settlor of the trust.

Effective Date – July 1, 2018


Chapter 852 (SB 0743) Peer-to-Peer Car Sharing Programs

http://mgaleg.maryland.gov/2018RS/chapters_noln/Ch_852_sb0743E.pdf

This bill establishes a basic regulatory structure for peer-to-peer car sharing programs, particularly with respect to insurance and taxation requirements.  In addition, this bill requires the MDOT MVA to identify and compile information comparing peer-to-peer vehicles to rental vehicles with regard to excise taxes and motor vehicle fees, and report that information, along with any recommendations, to the General Assembly on or before December 31, 2019.

Effective Date – July 1, 2018


Chapter 700 (SB 0606) Off-Highway Recreational Vehicles – Excise Titling Tax – Off-Highway Recreational Vehicle Trail Fund

http://mgaleg.maryland.gov/2018RS/chapters_noln/Ch_700_sb0606E.pdf

This bill creates the “Off-Highway Recreational Vehicle Trail Fund” to be used for maintenance and construction of trails for off-highway recreational vehicles.  The bill requires a certain portion of the excise taxes collected for titling off-highway recreational vehicles to go to the Fund.

Effective Date – July 1, 2018


Chapter 679 (HB 0714) & Chapter 678 (SB 0751) Vehicle Laws – HOV Lanes – Plug-In Electric Drive and Hybrid Vehicles

http://mgaleg.maryland.gov/2018RS/chapters_noln/Ch_679_hb0714T.pdf

http://mgaleg.maryland.gov/2018RS/chapters_noln/Ch_678_sb0751T.pdf

This bill extends, from September 30, 2018 to September 30, 2022, the date until which a driver who has obtained a permit from the MDOT MVA may operate a plug-in electric drive or hybrid vehicle in certain HOV lanes, regardless of the number of passengers in the vehicle.  Plug-in electric drive vehicles with the required permit may operate in any HOV lane, and hybrid vehicles with the required permit may operate in the HOV lane on U.S. Route 50 between I-95/I-495 and U.S. Route 301.

Effective Date – October 1, 2018


Chapter 165 (HB 0722) & Chapter 166 (SB 0644) Allegany County – All-Terrain Vehicles and Snowmobiles

http://mgaleg.maryland.gov/2018RS/chapters_noln/Ch_165_hb0722T.pdf

http://mgaleg.maryland.gov/2018RS/chapters_noln/Ch_166_sb0644T.pdf

This bill prohibits a person from operating an all-terrain vehicle or a snowmobile on a controlled access highway in Allegany County.  The bill permits a local authority in Allegany County to authorize a person to cross a highway on an all-terrain vehicle or a snowmobile under certain conditions, or to operate an all-terrain vehicle or snowmobile on designated portions of highways under certain conditions.  The bill also authorizes a local authority in Allegany County to designate certain portions of highways on which all-terrain vehicles and snowmobiles may travel for the sole purpose of gaining access to trails, fields, or other areas where the operation of an all-terrain vehicle or snowmobile is authorized.

Effective Date – October 1, 2018


Chapter 157 (HB 1162) & Chapter 158 (SB 0626) Vehicle Registration – Exemption From Registration Fees – Surviving Spouses of Veterans

http://mgaleg.maryland.gov/2018RS/chapters_noln/Ch_157_hb1162T.pdf

http://mgaleg.maryland.gov/2018RS/chapters_noln/Ch_158_sb0626T.pdf

This bill repeals the requirement that a surviving spouse of a disabled veteran be at least 65 years old to qualify for an exemption from vehicle registration fees.

Effective Date – October 1, 2018


Chapter 551 (SB 0292) Estates – Administration Exemption – Transfer of Motor Vehicle and Boat Titles

http://mgaleg.maryland.gov/2018RS/chapters_noln/Ch_551_sb0292E.pdf

This bill authorizes the MDOT MVA to transfer the title to a motor vehicle owned by a decedent to the decedent’s surviving spouse, without administration of an estate, if the only property owned by the decedent is not more than two motor vehicles, the surviving spouse is the decedent’s only heir or legatee, the surviving spouse certifies to the MDOT MVA that all debts and taxes owed by the decedent have been paid, and the MDOT MVA receives a copy of the decedent’s death certificate and suitable proof of the existence of the marriage.

Effective Date – October 1, 2018


Chapter 704 (SB 0362) Vehicle Laws – Registration Fee Exemptions – Disabled Veterans

http://mgaleg.maryland.gov/2018RS/chapters_noln/Ch_704_sb0362T.pdf

This bill alters the exemption from registration fees for a veteran who, as designated or classified by the Veterans’ Administration, has lost the use of a hand, arm, or leg, is totally disabled, or has a certain permanent impairment of both eyes, to include a vehicle that is leased by the veteran.

Effective Date – October 1, 2018


Chapter 624 (SB 1131) Motor Vehicle Insurance – Commercial Policies – Insurance Identification Card

http://mgaleg.maryland.gov/2018RS/chapters_noln/Ch_624_sb1131T.pdf

This bill permits an insurer to issue an insurance identification card covering three or more commercial vehicles for a 12-month period even if the payment by the insured is for a period of less than 12 months.

Effective Date – October 1, 2018


DRIVER BILLS

Chapter 86 (HB 0465) & Chapter 541 (SB 0353) Vehicle Laws – Golf Carts – City of Crisfield

http://mgaleg.maryland.gov/2018RS/chapters_noln/Ch_86_hb0465T.pdf

http://mgaleg.maryland.gov/2018RS/chapters_noln/Ch_541_sb0353E.pdf

This bill repeals the prohibition against operating a golf cart on a highway in the City of Crisfield that is designated or maintain as a part or an extension of the State or federal highway system.  The bill also lowers the maximum posted speed limit for a highway on which a person may operate a golf cart in the City of Crisfield from 35 miles per hour to 30 miles per hour.  Finally, the bill repeals the authority for the State Highway Administration to designate a location in the City of Crisfield for golf carts to cross a highway that is designated or maintained as a part or an extension of the State or federal highway system.

Effective Date – June 1, 2018

Chapter 505 (SB 0424) Driver’s Licenses – Learner’s Permits – Minimum Duration

http://mgaleg.maryland.gov/2018RS/chapters_noln/Ch_505_sb0424T.pdf

This bill decreases the required learner’s permit holding period before taking a driver skills examination for individuals who are 18 years old and have a high school diploma, or individuals who are 19 years of age to 24 years of age.  This group of learner’s permits holders are required to hold a learner’s permit for 3 months, or 9 months after their most recent conviction or PBJ for a moving violation.

Effective Date – October 1, 2018


Chapter 544 (HB 0531) & Chapter 545 (SB 0445) Motor Vehicles – Operation When Approaching Vehicle With Visual Signals

http://mgaleg.maryland.gov/2018RS/chapters_noln/Ch_544_hb0531T.pdf

http://mgaleg.maryland.gov/2018RS/chapters_noln/Ch_545_sb0445T.pdf

This bill requires the driver of a motor vehicle that approaches from the rear a certain stopped, standing, or parked vehicle on a highway using a certain visual signal, to, if practicable and not otherwise prohibited, and with due regard for safety and traffic conditions, make a lane change into an available lane not immediately adjacent to the stopped, standing, or parked vehicle.  If the driver is unable to make a lane change, the driver shall slow to a reasonable and prudent speed that is safe for existing weather, road, and vehicular or pedestrian traffic conditions.  The bill applies to stopped, standing, or parked commercial motor vehicles providing emergency maintenance to disabled vehicles, emergency vehicles, certain service vehicles, certain tow trucks, and waste or recycling collection vehicles.

Effective Date – October 1, 2018


Chapter 526 (SB 0038) Motor Vehicle Administration – Birth Certificates – Issuance of Copies

http://mgaleg.maryland.gov/2018RS/chapters_noln/Ch_526_sb0038T.pdf

This bill authorizes the MDOT MVA to access electronically from the Maryland Department of Health a copy of a birth certificate and, on request, provide a copy of the birth certificate to an authorized person.  The bill authorizes the MDOT MVA to set and collect a fee for processing and issuing a birth certificate to cover the administrative costs of providing the service and an additional $10 to go the General Fund.  The bill also requires the MDOT MVA to enter into a memorandum of understanding with the Maryland Department of Health that outlines the applicable fee structure.

Effective Date – October 1, 2018


Chapter 41 (SB 0039) Motor Vehicle Administration – Disability Parking Placards

http://mgaleg.maryland.gov/2018RS/chapters_noln/Ch_41_sb0039T.pdf

This bill provides that a parking placard issued to a person with a permanent disability is valid until the death of the placard holder.  Upon receipt by the MDOT MVA of notification of the death of the placard holder, the MDOT MVA shall mark the record of the placard as expired and shall send notice to the last known address of the placard holder requesting the return of the placard to the MDOT MVA.  The bill permits a placard holder to apply for a replacement placard if a placard is lost, stolen, or damaged.  The bill also permits a nonresident temporarily living in the State to apply for a temporary parking placard if the nonresident, a dependent of the nonresident, or any individual who depends on the nonresident for transportation, submits satisfactory proof that the individual has a qualifying disability and is in the State to obtain medical treatment, is serving in the armed forces and stationed in the State, holds a current nonresident permit, or is subject to other circumstances that would require the use of a temporary parking placard, as determined by the MDOT MVA.

Effective Date – October 1, 2018


Chapter 413 (SB 0079) Child Support – Employment Program Participation – Reinstatement of Driver’s License and Expungement of Suspension

http://mgaleg.maryland.gov/2018RS/chapters_noln/Ch_413_sb0079T.pdf

This bill requires the MDOT MVA, on request of the Child Support Administration, to expunge the record of a driver’s license suspension for failure to pay child support for a licensee who is enrolled in and compliant with an employment program approved by the Child Support Administration, if the licensee has not been convicted of, and does not have charges pending related to, driving while suspended for child support, or if the Child Support Administration notifies the MDOT MVA that the information reported by the Child Support Administration that led to the suspension was inaccurate.  The bill requires the MDOT MVA to reinstate the driver’s license or privilege of a child support obligor who is a participant in full compliance in an employment program approved by the Child Support Administration, or for whom certain extenuating circumstances exist.

Effective Date – October 1, 2018


PENALTY BILLS

Chapter 547 (SB 0973) Maryland Transportation Authority – Video Tolls – Collection

http://mgaleg.maryland.gov/2018RS/chapters_noln/Ch_547_sb0973T.pdf

This bill authorizes the Maryland Transportation Authority (“Authority”) to refer a delinquent account for unpaid video tolls and associated civil penalties to the Central Collection Unit (CCU) for collection.  The bill limits the civil penalty that the Authority may assess for a toll violation to $25.  The bill also authorizes the Authority to recall a delinquent account from CCU if the amount owed exceeds $300 in unpaid tolls and penalties, the video tolls were assessed within a 30-day period, and mitigating factors exist, as determined by the Authority.  The bill authorizes the Authority to waive any portion of the amount due after the Authority recalls a delinquent account from CCU.  The bill prohibits the CCU from collecting on an account that has been recalled by the Authority.

Effective Date – June 1, 2018


Chapter 792 (HB 1448) Clerks of the Courts – Traffic Fines – Installment Payments

http://mgaleg.maryland.gov/2018RS/chapters_noln/Ch_792_hb1448T.pdf

This bill authorizes the District Court or a circuit court to authorize the clerk of the court to approve an individual installment plan for the payment of one or more fines imposed by the court that total at least $300.  An installment plan shall require the defendant to make payments of 10% per month on the total fine(s) covered by the agreement, shall specify the offenses and citations to which the agreement applies, and shall state whether the defendant’s driver’s license or privilege is currently suspended for failure to pay the fine(s) to which the agreement applies.  The clerk of the court must notify the MDOT MVA of the installment payment agreement and the MDOT MVA may not suspend or continue the suspension of the individual’s driver’s license or privilege, relative to the violations specified in the agreement.  However, if the individual fails to pay the fine(s) in accordance with the installment agreement, the court shall notify the MDOT MVA and the MDOT MVA may suspend the individual’s driver’s license or privilege.

Effective Date – October 1, 2018


Chapter 619 (HB 0312) Criminal Law – School Bus Driver and Public Transportation Worker – Obstructing, Hindering, or Interfering With

http://mgaleg.maryland.gov/2018RS/chapters_noln/Ch_619_hb0312T.pdf

This bill increases the possible term of imprisonment for a person convicted of obstructing, hindering, or interfering with a school bus driver engaged in the performance of the school bus driver’s official duties or a certain individual involved in providing public transportation services, from a maximum of 90 days to a maximum of 1 year.

Effective Date – October 1, 2018


MISCELLANEOUS BILLS

Chapter 87 (SB 0355) & Chapter 88 (HB 1586) Wicomico County – Motorcycles – Sunday Sales

http://mgaleg.maryland.gov/2018RS/chapters_noln/Ch_87_sb0355T.pdf

http://mgaleg.maryland.gov/2018RS/chapters_noln/Ch_88_hb1586T.pdf

This bill authorizes a vehicle dealer in Wicomico County to sell, barter, deliver, give away, show, or offer for sale a motorcycle or certificate of title for a motorcycle on Sundays.

Effective Date – June 1, 2018


Chapter 467 (SB 0553) State Government – Security Training – Protection of Security-Sensitive Data

http://mgaleg.maryland.gov/2018RS/chapters_noln/Ch_467_sb0553T.pdf

This bill defines “security-sensitive data” as information that is protected against unwarranted disclosure.  The bill requires each unit of State government to develop, in accordance with guidelines established by the Secretary of Information Technology, a plan to identify personnel who handle security-sensitive data and establish annual security overview training or refresher security training for each employee who handles security-sensitive data as part of the employee’s duties.  Each unit of State government shall, on or before December 31, 2018, submit its plan to the Department of Information Technology.  The bill requires the Department of Information Technology, on or before January 31, 2019, to develop a plan to develop, maintain, and revise security training material that focuses on ensuring data protection and integrity and can be used by the Governor and any unit of State government. 

Effective Date – June 1, 2018


Chapter 295 (HB 0285) Department of Transportation – Pedestrian and Bicycle Access to Schools

http://mgaleg.maryland.gov/2018RS/chapters_noln/Ch_295_hb0285T.pdf

This bill requires the Department of Transportation to collect and consolidate available information from State and local agencies regarding an unmet need for safe pedestrian and bicycle access to schools throughout the State.  The bill also requires the Department of Transportation to reports its findings to the Governor and the General Assembly on or before January 1, 2020.

Effective Date – October 1, 2018


Chapter 262 (HB 0632) & Chapter 263 (SB 0276) Carroll County – Unlicensed Junk Vehicles and Parts – Repeal

http://mgaleg.maryland.gov/2018RS/chapters_noln/Ch_262_hb0632T.pdf

http://mgaleg.maryland.gov/2018RS/chapters_noln/Ch_263_sb0276T.pdf

This bill repeals a Carroll County local law that authorized the removal and impoundment of unlicensed junk motor vehicles and parts left on private or public property in open view of persons on a nearby highway, road, or street.  The bill also repeals the authority of County Commissioners to fine the vehicle owner and charge for the expense of removal and disposal of such vehicles or parts, and the authority to sell such vehicles or parts.

Effective Date – October 1, 2018


Chapter 39 (HB 0677) & Chapter 40 (SB 0477) Public Information Act – Required Denials – Physical Addresses, E-Mail Addresses, and Telephone Numbers

http://mgaleg.maryland.gov/2018RS/chapters_noln/Ch_39_hb0677T.pdf

http://mgaleg.maryland.gov/2018RS/chapters_noln/Ch_40_sb0477T.pdf

This bill prohibits a custodian from allowing inspection of a distribution list and a request to be added to a distribution list that identifies a physical address, an e-mail address, or a telephone number of an individual that is used by a governmental entity or an elected official for the sole purpose of sending informational notices or emergency alerts or periodically sending news about the official activities of the governmental entity or elected official.

Effective Date – Emergency - Upon Enactment


Chapter 512 (HB 1065) Vehicle Laws – Title Service Agents

http://mgaleg.maryland.gov/2018RS/chapters_noln/Ch_512_hb1065T.pdf

This bill provides that a title service agent may transport to the MDOT MVA certificates of title, registrations, driver’s licenses, certified copies of records, and other related documents either physically or electronically.  The bill increases the amount of the surety bond a title service agent must carry from $25,000 to $50,000.  The bill permits a title service agent that collects and remits vehicle excise taxes on behalf of the MDOT MVA to keep the lesser of $12 per vehicle or 0.6% of the gross excise tax the title service agent collects.  The bill requires a title service agent that collects any tax or fee required for titling a vehicle to keep complete and accurate records of each taxable sale, together with a record of the tax collected on the sale, including every invoice, bill of sale, and other pertinent documents and records, in the form required by the MDOT MVA for at least three years, and make those records available during business hours to the MDOT MVA and any police officer.  The bill requires the MDOT MVA, if it finds that the records of a title service agent are inadequate or incorrect and the amount of excise tax collected cannot be determined accurately from the records, to determine the taxable sales facilitated by the title service agent and compute the tax from the best information available.  The bill requires the MDOT MVA to levy an assessment against the title service agent for a deficiency, including certain interest and penalties, and inform the title service agent of the amount of the assessment.  If a title service agent fails to pay the tax and assessment within 10 days after receiving the notice from the MDOT MVA, the MDOT MVA may levy an additional penalty equal to 25% of the tax due.

Effective Date – October 1, 2018


Chapter 517 (HB 1104) Vehicle Laws – Manufacturers and Dealers – Consumer Data Protection

http://mgaleg.maryland.gov/2018RS/chapters_noln/Ch_​517_hb1104T.pdf

This bill requires a manufacturer, distributor, or factory branch to allow a dealer to furnish consumer data in a widely accepted file format, such as comma-separated values, and through a third-party vendor selected by the dealer.  The bill prohibits a manufacturer, distributor, or factory branch from accessing or obtaining consumer data directly from a dealer’s data management system without the express written consent of the dealer, and prohibits a manufacturer, distributor, or factory branch from taking adverse action against a dealer for refusing to grant such access.  The written consent must be executed by the dealer and be separate from the dealer franchise agreement, and may be withdrawn by the dealer on 30 days’ written notice to the manufacturer, distributor, or factory branch.  The bill permits a manufacturer, distributor, or factory branch to require a franchised dealer to provide consumer data or transactional data that pertains to claims for warranty parts or repairs, sales and deliveries of certain new or certified pre-owned vehicles, safety or recall obligations, or validation and payment of customer or dealer incentives.  However, the manufacturer, distributor, or factory branch shall indemnify the dealer against any claims asserted against or damages incurred by the dealer to the extent that the claims of damages are caused by access to and unlawful disclosure of consumer data resulting from a breach caused by the manufacturer, distributor, or factory branch, or a third party to which the manufacturer, distributor, or factory branch provided the consumer data.  The manufacturer, distributor, or factory branch may not require a dealer to grant the manufacturer, distributor, or factory branch access to the dealer’s data management system through a franchise agreement or as a condition of renewal or continuation of the franchise agreement.

Effective Date – October 1, 2018

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