Indiana - HB1254 to Shut Tesla out of the state!

[bjwModelS]

In case you did not receive the email -- see below.

Any thought/interest about the value of a Tesla meetup in front of the Capitol next Thursday?

Tesla Owners and Enthusiasts: We need your help. Yesterday, the Indiana Senate Committee on Commerce & Technology held a hearing on a bill that would shut down Tesla in the state. Authored and pushed by General Motors, HB1254 with amendment 3 would prohibit any manufacturer from being able to hold a dealer license after December 31, 2017. Existing law allows ANY manufacturer to apply for a dealer license without the use of independent franchised dealers. Despite having a lawfully granted license to sell Tesla vehicles directly since 2014 at the Fashion Mall at Keystone; despite contributing over $42M to the state through the purchase of parts and components from Indiana suppliers; and despite plans underway to construct a 26,000 square foot Tesla Service facility that will employ approximately a dozen Indiana residents and serve our customers, GM is pushing the Senate Committee to shut out Tesla. Here’s how you can help: please contact your local Senator – and if you live in one of the districts covered by any of the following Committee members, we urge you to reach out and let them know they should not shut out Tesla. You can find your Indiana legislators here. Chairman Buck: [email protected] , (317) 232-9466 Senator Merritt: [email protected], (317) 232-9533 Senator Delph: [email protected], (317) 232-9541 Senator Head: [email protected], (317) 232-9488 Senator Houchin: [email protected], (317) 232-9814 Senator Leising: [email protected], (317) 232-9493 Senator Tomes: [email protected], (317) 232-9414 Senator Breaux: [email protected], (317) 232-9534 Senator Broden: [email protected], (317) 232-9849 Senator Randolph: [email protected], (317) 232-9432 A follow up hearing will be held next Thursday, February 25, 2016, at the Capitol building. Let your voice be heard before that hearing to let them know that Indiana should encourage innovation, economic growth and consumer choice. Don’t let GM tell you that your only option is to buy a car from a traditional franchised dealer by shutting out Tesla. Thank you for your support and willingness to help Tesla stay and grow in Indiana. As always, when communicating with legislators, please be polite and respectful. Personal attacks should be absolutely avoided, as they will only hurt our cause!

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The bill: http://in.proxy.openstates.org/2016/bills/hb1254/versions/hb1254.02.comh

 

[rabar10]

Ugh.

Not a legislative expert, but looks like the bill was amended/rewritten to only call for a "study committee"?

Here's the Indiana General Assembly site with info and history on the bill: https://iga.in.gov/legislative/2016/bills/house/1254

What appears to be the first Jan 11th version:
House Bill 1254 - Interim study committee - Indiana General Assembly, 2016 Session

And then the amended on Jan 28th 2016 version:
House Bill 1254 - Interim study committee - Indiana General Assembly, 2016 Session

 

[dsm363]

I e-mailed everyone one of them as I grew up in the state and still have family there. Will there be a rally to be there at the hearing?

Also, call your senators office and ask to speak to the transportation legislative assistant (LA) about this issue. Offer to take them or the senator for a ride before the hearing and try and speak with them in person.

 

[BigCity]

Got this email as well, ridiculous the lengths manf will go. Here's a novel idea, make a better car and then you wouldn't have to worry about trying to drive someone out!

 

[dsm363]

I think GM could care less but their dealers do so they are backing them. They are trapped in the dealership system.

 

[physicsfita]

I think GM could care less but their dealers do so they are backing them. They are trapped in the dealership system.

Based on my interactions over the years with friends who work with/for GM, I think there is a lot of merit to this hypothesis.

 

[TexasEV]

I think GM could care less but their dealers do so they are backing them. They are trapped in the dealership system.

GM does care, not because they're backing their dealers but because they know they're at a competitive disadvantage by having to sell through dealers when Tesla doesn't. GM showed in Maryland legislature they have their own agenda when Tesla and the dealer cartel reached a compromise in committee regarding number of allowed stores, and GM lobbied to amend the bill on the floor to lower the number of Tesla stores the dealers agreed to.

 

[dsm363]

Agree. I guess I meant that GM would love to sell direct. They don't really care about their dealers but since they are stuck with them they will fight for them since it is in their best interests as well. Either way what they are doing is messed up.

 

[Old Man Mike]

I emailed the following to the state senator for my district here in Indiana:

Please consider opposing HB1254/amendment 3 so that Tesla, America’s most innovative car company, can continue to sell in the state of Indiana. We should be proud to have an American company that is now outselling Mercedes with an all-electric vehicle. Instead, General Motors is pushing for this bill so they can have less competition in the marketplace. Also note that Tesla has plans to construct a 26,000 square foot Tesla Service facility that will employ Indiana residents and currently buys over $42M of parts from Indiana suppliers. As a Tesla owner, I’m proud to drive a car which shows America as a leader in automotive technology. Thanks!

 

[GSP]

More discussion here:

GM More Dirty Tricks Again - Page 2

GSP

- - - Updated - - -

Ugh.

Not a legislative expert, but looks like the bill was amended/rewritten to only call for a "study committee"?

Here's the Indiana General Assembly site with info and history on the bill: https://iga.in.gov/legislative/2016/bills/house/1254

What appears to be the first Jan 11th version:
House Bill 1254 - Interim study committee - Indiana General Assembly, 2016 Session

And then the amended on Jan 28th 2016 version:
House Bill 1254 - Interim study committee - Indiana General Assembly, 2016 Session

The latest online version is very confusing. It says "insert text of bill here". I think that means the original text.

The original bill excluded "electric vehicle manufacturers that already have established direct sales in Indiana". I could not find amendment 3 on line.

Best to keep ahead of this and contact your state senator before Thursday's hearing.

Can we organize a protest at the statehouse by then?

GSP

 

[dsm363]

Can people speak at the meeting? That's how they did it in Texas.

 

[Jopo43]

INDIANA THE WORST MOST BACKWARD STATE IN THE COUNTRY!!!!
Cant wait to get out!!!!

 

[timf]

The latest online version is very confusing. It says "insert text of bill here". I think that means the original text.

The original bill excluded "electric vehicle manufacturers that already have established direct sales in Indiana". I could not find amendment 3 on line.

Best to keep ahead of this and contact your state senator before Thursday's hearing.

Can we organize a protest at the statehouse by then?

GSP

The initial bill included section (a) which allows Tesla to hold a dealership license as a manufacturer and section (b) which says after 30 months their license cannot be renewed. This allows Tesla to open as many stores as they want until the end of 2017 provided they each have a service center associated with them, but at that point all their licenses that had been issued up to that point would expire and could not be renewed. There's no justifiable reason for this other that to shut Tesla down just in time for the Model 3 debut. It would also remove any incentive Tesla has in investing in Indiana in the meantime since their efforts would be shut down within 2 years.

The amendment changes the bill from an act automatically taking place to merely a call for a hearing to take place. Presumably after the hearing additional amendments could be made to allow the bill to proceed in some form rather than having to start back at the beginning of the process. Of course, as it stands there is no justifiable reason for this legislation other than to eliminate competition and the entire thing should die in the hearing given vocal opposition.

 

[GSP]

Can people speak at the meeting? That's how they did it in Texas.

I have been told that people can speak at the meeting Thursday. You give them your name when you go in, and they call people up to speak. If a lot of people show up, they will not call everyone.

They also don't decide the time to discuss each bill until the last minute, so we could end up waiting most of the day.

That is my understanding anyway, I have never been there myself.

GSP

 

[Thumper]

GM is only saddled with the dealer system until such time as the franchise protection laws are nullified by courts or legislation. One might think they would be eager for that result. I can imagine them secretly cheering for Tesla. They could be freed from dealers and they would not have caused the change.

 

[Lanny]

I have been told that people can speak at the meeting Thursday. You give them your name when you go in, and they call people up to speak. If a lot of people show up, they will not call everyone.

They also don't decide the time to discuss each bill until the last minute, so we could end up waiting most of the day.

That is my understanding anyway, I have never been there myself.

GSP

The members of the committee don't seem to "get it." Watch the video of last week's testimony about the bill in the Commerce & Technology Committee at this link. Select Thursday, Feb. 18. Testimony on HB1254 begins at 2:32:30.

At the very end of the video, the chairman states that the committee will only hear testimony from those in favor of the bill next Thursday. This presumably will include GM.

You may want to call before you go to see if they will hear testimony if you are opposed.

Lanny

 

[rabar10]

For Indiana residents, find you legislators here by entering your address:

Find your Legislator - Indiana General Assembly, 2016 Session

Email and phone number are available after clicking through the identified State Senator. Cross-reference to check if your senator happens to be in the list of Senate committee members at the top, but even if they are not, we should all still reach out to make our thoughts/voices heard.

 

[Nomad]

INDIANA THE WORST MOST BACKWARD STATE IN THE COUNTRY!!!!
Cant wait to get out!!!!

Don't leave. We need like minded people to stay and fight for a better future. :smile:

 

[GSP]

Here is what I found out today. It would be good for Tesla supporters to attend this Thursday at 9 am, even if no one is allowed to speak. Room 233 of the Capitol Building, 200 West Washington St.

HB 1254 "Interim Study Committee" (this seems like a strange title to me)

Author Representative Kevin Mahan.

2/2/16: passed house 92 yeas, 3 nays, 52 abstain
2/3/16: referred to senate
2/8/16: referred to the committee on Commerce & Technology

Committee on Commerce & Technology
Senator Jim Buck, chairman
Senator Jim Merritt, ranking member. His office said "Hearing on Thursday 2/25/16, 9 am EST, in room 233. You can watch live on its website, under senate committee on commerce and technology."

Senate Committee on Commerce Technology - Indiana General Assembly, 2016 Session

At the above link, press the + sign for the February 25th hearing to see the agenda, and button for live video. HB1254 is the second one up, but they can change the order at the last minute.

Senator Mike Delph, majority member. His office said hearings usually start at 9 am and they usually adjourn around noon.
Senator Jean Breaux, minority member. Her office said that if this bill passes as is, it would only authorize a study of the subject, to be done this summer. As a result of this study, the author might introduce another bill that would affect how "dealers" are licensed.

The link above has the agenda for Thursday's hearing and a "watch live video" button. The agenda says they will hear comments in favor of the bill, amend it, and vote. I would not be surprised if "amendment 3" is presented to outlaw direct sales, replacing the language to just study the subject this summer. Maybe I am just too cynical, but I just have a bad feeling about this.

GSP

 

[Nomad]

snip

The link above has the agenda for Thursday's hearing and a "watch live video" button. The agenda says they will hear comments in favor of the bill, amend it, and vote. I would not be surprised if "amendment 3" is presented to outlaw direct sales, replacing the language to just study the subject this summer. Maybe I am just too cynical, but I just have a bad feeling about this.

GSP

The sate rep I spoke with today seemed to agree with the bolded sentiment. That's the worst case scenario, as we would only have a few days or weeks to sway the Senate body against the bill. If they pass the study bill, it gives us 10+ months to mobilize.

Here is my post from the other thread:

I talked with a state rep about the current status of the bill. They said the House Committee on Roads and Transportation amended the bill. The bill no longer changes Indiana code; instead it reads as a recommendation from the General Assembly to legislative council to assign a study committee topic of motor vehicle dealer and manufacturer licenses. The committee would study the topic and make a recommendation for the 2017 session.

However, the Senate Committee on Commerce and Technology could easily amend the bill back to the original house version and send it to the full Senate for a vote. If that reverted version were to pass the full Senate, it would go to the Governor's desk for a signature. This is the worst case scenario. It is much easier to defeat pending legislation than it is to reverse recently passed legislation. In fact, the latter is nearly impossible.

Scenario A
We contact our Senators, and they vote against the study committee bill. The effort dies. This is the best outcome, but it is unlikely.

Scenario B
The Senate Committee passes the study committee, and we have 10 months to mobilize against the original intent of HB 1254. This is a likely scenario.

Scenario C
The Senate Committee reverts to the original bill and sends it to the full Senate. We would have to mobilize quickly to sway Senators to vote against it. Considering the house approved it 92-3, this is an uphill battle in such a short period of time. I doubt we'd have much more luck pushing a veto by the Governor, either. Unfortunately, this is also a likely scenario.

Regardless, it is important to take action now. Contact your State Senator and urge them to vote against any bill like the original HB 1254 that hurts the Indiana economy and restricts consumer choice. You might also urge against the study committee, painting it as a waste of the study committee's time and taxpayer dollars.

Find your State Senator here: Find your Legislator - Indiana General Assembly, 2016 Session