Bill Text: GA HB1173 | 2011-2012 | Regular Session | Introduced
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
12 LC
35 2612
House
Bill 1173
By:
Representative Rice of the
51st
A
BILL TO BE ENTITLED
AN ACT
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.