Bill Text: GA HB1173 | 2011-2012 | Regular Session | Introduced

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Bill Title: Insurance; consumer protections related to aftermarket emissions parts and aftermarket safety parts; provide

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-02-29 - House Second Readers [HB1173 Detail]

Download: Georgia-2011-HB1173-Introduced.html

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12 LC 35 2612

House Bill 1173

By: Representative Rice of the 51st

A BILL TO BE ENTITLED
AN ACT

To amend Code Section 33-6-5 of the Official Code of Georgia Annotated, relating to other unfair methods of competition and unfair and deceptive acts or practices, so as to provide for consumer protections related to aftermarket emissions parts and aftermarket safety parts; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 33-6-5 of the Official Code of Georgia Annotated, relating to other unfair methods of competition and unfair and deceptive acts or practices, is amended by repealing paragraph (13) and enacting a new paragraph to read as follows:

"(13)(A) As used in this paragraph, the term:

(i) 'Aftermarket crash part' means a crash part made by any manufacturer other than the original vehicle manufacturer or his or her supplier.

(ii) 'Aftermarket emission part' means an emissions part made by any manufacturer other than the original vehicle manufacturer or his or her supplier.

(iii) 'Aftermarket safety part' means a safety part made by any manufacturer other than the original vehicle manufacturer or his or her supplier.

(iv) 'Crash part' means a replacement for any of the nonmechanical sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including inner and outer panels.

(v) 'Emissions part' means a part related to the control, monitoring, and release of waste gases and particles created as a byproduct of combustion including oxygen sensors, catalytic converters, exhaust pipes, exhaust manifold, fuel distributor, electronic emissions control unit or computer (ECU), onboard emissions diagnostic device or computer (OBD), and parts and components related thereto.

(vi) 'Insurer' includes an insurance company and any person authorized to represent the insurer with respect to a claim and who is acting within the scope of the person's authority.

(vii) 'Nonoriginal equipment manufacturer aftermarket crash part' means an aftermarket crash part made by any manufacturer other than the original vehicle manufacturer or his or her supplier.

(viii) 'Repair facility' means a motor vehicle dealer, garage, body shop, or other commercial entity which undertakes the repair or replacement of those parts that generally constitute the exterior of a motor vehicle.

(ix) 'Safety part' means a part essential to vehicle operation, suspension, electronic control units, brake parts, safety systems, and supplemental restraint system components.

(B) Any aftermarket crash part manufactured or supplied for use in this state, shall have affixed thereto or inscribed thereon the logo, identification number, or name of its manufacturer. Such manufacturer's logo, identification number, or name shall be visible after installation whenever practicable.

(C) Any aftermarket emissions part or aftermarket safety part manufactured or supplied for use in this state on or after January 1, 2015, shall have affixed thereto or inscribed thereon the logo, identification number, or name of its manufacturer. Such manufacturer's logo, identification number, or name shall be visible after installation whenever practicable.

(D) In all instances where aftermarket crash parts, aftermarket emissions parts or aftermarket safety parts are used in preparing an estimate for repairs the written estimate prepared by the insurance adjuster and repair facility shall clearly identify each such part. A disclosure document attached to the estimate shall contain the following information in no smaller than ten-point type:

'THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF AFTERMARKET CRASH PARTS, AFTERMARKET EMISSIONS PARTS, AND/OR AFTERMARKET SAFETY PARTS SUPPLIED BY A SOURCE OTHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE. THE AFTERMARKET CRASH PARTS, AFTERMARKET EMISSIONS PARTS, AND/OR AFTERMARKET SAFETY PARTS USED IN THE PREPARATION OF THIS ESTIMATE ARE WARRANTED BY THE MANUFACTURER OR DISTRIBUTOR OF SUCH PARTS RATHER THAN THE MANUFACTURER OF YOUR VEHICLE.'; and"

SECTION 2.

This Act shall become effective on July 1, 2012.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.