Senate Bill #850 (2019)

AN ACT RELATING TO INSURANCE - MOTOR VEHICLE REPLACEMENT PARTS

Requires that the owner of a vehicle be notified in writing or by electronic mail that installation of an aftermarket glass may require re-calibration of safety related systems, or vehicle may not function as designed.

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Changes since original draft

  • 2019 โ€“ S 0850
  • 2019 โ€“ S 0850 SUBSTITUTE A
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  • LC002156
  • LC002156/SUB A
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  • S TATE OF RHODE IS L AND
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2019
  • ____________
  • A N A C T
  • RELATING TO INSURANCE - MOTOR VEHICLE REPLACEMENT PARTS
  • S T A T E O F R H O D E I S L A N D
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2019
  • ____________
  • A N A C T
  • RELATING TO INSURANCE - MOTOR VEHICLE REPLACEMENT PARTS
  • Introduced By: Senators Goodwin, Ruggerio, and McCaffrey
  • Date Introduced: May 01, 2019
  • Referred To: Senate Judiciary
  • It is enacted by the GeneralAssembly as follows:
  • SECTION 1. Section 27-10.2-2 of the General Laws in Chapter 27-10.2 entitled "Motor Vehicle Replacement Parts"is hereby amended to read as follows:
  • It is enacted by the General Assembly as follows:
  • SECTION 1. Section 27-10.2-2 of the General Laws in Chapter 27-10.2 entitled "Motor Vehicle Replacement Parts" is hereby amended to read as follows:
  • 27-10.2-2. Aftermarket parts โ€“ Time limit prohibition.
  • (a) Whenever an insurance company, in adjusting a claim for motor vehicle physical damage, intends to specify the use of aftermarket parts, it shall notify the vehicle owner in writing. Any auto body repair shop conducting business in the state of Rhode Island shallnot use non-original equipment manufactured (OEM) parts, also referred to as aftermarket parts, in the repair of any person's automobile, without that person giving the repairer his or her express written consent.
  • (a) Whenever an insurance company, in adjusting a claim for motor vehicle physical damage, intends to specify the use of aftermarket parts, it shall notify the vehicle owner in writing. Any auto body repair shop conducting business in the state of Rhode Island shall not use non-original equipment manufactured (OEM) parts, also referred to as aftermarket parts, in the repair of any person's automobile, without that person giving the repairer his or her express written consent.
  • (b) No insurance company may require the use of aftermarket parts when negotiating repairs with any repairer unless the repairer has written consent from the vehicle owner to install aftermarket parts. The provisions of this section shall apply only to automobiles that are less than forty-eight (48) months beyond the date of manufacture.
  • (c) For any automobile that is less than forty-eight (48) months beyond the date of manufacture, the insurer and the auto body repair shop must provide a written notice to the vehicle owner that: (i) He or she may require the insurer to pay for and the auto body shop to install "original equipment manufacturer parts" or "OEM parts" in the repair of a motor vehicle; or (ii) He or she may require the insurer to pay for and the auto body shop to install"non-original equipment manufacturer parts" (non-"OEM parts") in the repair of a motor vehicle. To comply with this provision, written notice may be provided on the appraisal written on behalf of the insurer and the estimate prepared by the auto body repair shop.
  • (c) For any automobile that is less than forty-eight (48) months beyond the date of manufacture, the insurer and the auto body repair shop must provide a written notice to the vehicle owner that: (i) He or she may require the insurer to pay for and the auto body shop to install "original equipment manufacturer parts" or "OEM parts" in the repair of a motor vehicle; or (ii) He or she may require the insurer to pay for and the auto body shop to install "non-original equipment manufacturer parts" (non-"OEM parts") in the repair of a motor vehicle. To comply with this provision, written notice may be provided on the appraisal written on behalf of the insurer and the estimate prepared by the auto body repair shop.
  • (d) When "OEM part(s)" are used in the repair of a motor vehicle, no insurance company may require any repairer to use repair procedures that are not in compliance with the recommendations of the original equipment manufacturer.
  • (e) This chapter shall not apply to the repair or replacement of motor vehicle glass performed by licensed motor vehicle glass repair shops for non-collision related damage pursuant to chapter 38.5 of title 5.; provided, the owner of the vehicle is notified in writing that installation of an aftermarket glass will require re-calibration of safety related systems, for which cost the insurer is responsible; provided, further, that an OEM glass is installed if specifically requested by the vehicle owner.
  • SECTION 2. This act shalltake effect upon passage.
  • (e) This chapter shall not apply to the repair or replacement of motor vehicle glass performed by licensed motor vehicle glass repair shops for non-collision related damage pursuant to chapter 38.5 of title 5.
  • (1) The owner of the vehicle must be notified in writing or by electronic mail, when installation of replacement glass is due to non-collision related damage, in twelve (12) point bold font, as follows:
  • "Replacement of glass on your vehicle may require recalibration of advanced driver assistance systems, and other safety related systems. If these systems are not recalibrated, your vehicle may not function as designed."
  • SECTION 2. This act shall take effect upon passage.
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  • LC002156
  • LC002156/SUB A
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  • LC002156 - Page 2of 3
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO INSURANCE - MOTOR VEHICLE REPLACEMENT PARTS
  • ***
  • This act would require that the owner of a vehicle be notified in writing that installation of an aftermarket glass will require re-calibration of safety related systems, for which cost the insurer is responsible.
  • This act would take effect upon passage. ======== LC002156 ========
  • LC002156 - Page 3of 3
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO INSURANCE - MOTOR VEHICLE REPLACEMENT PARTS
  • ***
  • This act would require that the owner of a vehicle be notified in writing or by electronic mail that installation of aftermarket glass may require re-calibration of safety related systems, or the vehicle may not function as designed.
  • This act would take effect upon passage. ======== LC002156/SUB A ========

Votes

NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the House or Senate Journal from the day of the vote.

Floor vote for Passage

June 13, 2019 at 6:16pm
Yeas: 38 / Nays: 0 / Not voting: 0 / Recused: 0
Legislator Vote
Sen. Algiere Y
Sen. Archambault Y
Sen. Bell Y
Sen. Cano Y
Sen. Ciccone Y
Sen. Conley Y
Sen. Coyne Y
Sen. Crowley Y
Sen. Cruz Y
Sen. DiPalma Y
Sen. Euer Y
Sen. Felag Y
Sen. Gallo Y
Sen. Goldin Y
Sen. Goodwin Y
Sen. Lawson Y
Sen. Lombardi Y
Sen. Lombardo Y
Sen. Lynch Prata Y
Sen. McCaffrey Y
Sen. McKenney Y
Sen. Metts Y
Sen. Miller Y
Sen. Morgan Y
Sen. Murray Y
Sen. Nesselbush Y
Sen. Paolino Y
Sen. Pearson Y
Sen. Picard Y
Sen. Quezada Y
Sen. Raptakis Y
Sen. Rogers Y
Sen. Ruggerio Y
Sen. Satchell Y
Sen. Seveney Y
Sen. Sheehan Y
Sen. Sosnowski Y
Sen. Valverde Y