STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

SENATE BILL 1051	By:	Johnson (Rob)

AS INTRODUCED

An Act relating to notice of use of aftermarket parts; amending 15 O.S. 2011, Sections 951, 952, 953 and 955, which relate to the Aftermarket Crash Parts Regulation Act; modifying short title; conforming language; modifying definitions; modifying disclosure requirements; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     15 O.S. 2011, Section 951, is amended to read as follows:
Section 951.  This act shall be known and may be cited as the Use of Aftermarket Crash Emissions and Safety Parts Regulation Notice and Consent Act.
SECTION 2.     AMENDATORY     15 O.S. 2011, Section 952, is amended to read as follows:
Section 952.  The purpose of the Use of Aftermarket Crash Emissions and Safety Parts Regulation Notice and Consent Act is to regulate the use of aftermarket crash parts by:
1.  Requiring disclosure when any use is proposed of an aftermarket, non-original equipment manufacturer's crash part; and
2.  Requiring that the manufacturers of such aftermarket crash parts be identified.
SECTION 3.     AMENDATORY     15 O.S. 2011, Section 953, is amended to read as follows:
Section 953.  For purposes of the Use of Aftermarket Crash Emissions and Safety Parts Regulation Notice and Consent Act:
1.  "Insurer" means an insurance company authorized to do business in our state and any person authorized to represent the insurer with respect to a claim;
2.  "Aftermarket crash 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;
3.  "Non-original equipment manufacturer aftermarket Aftermarket crash part" means aftermarket crash parts not made for or by the manufacturer of the motor vehicle;
4.  "Repair facility" means any 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; and
5.  "Installer" means any person who actually does the work of replacing or repairing parts of a motor vehicle;
6.  "Emissions part" means a replacement of parts or systems related to the control, monitoring and release of waste gases and particles created as a byproduct of combustion including, but not limited to, 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 related parts and components;
7.  "Aftermarket emissions part" means emissions parts not made for or by the manufacturer of the motor vehicle;
8.  "Safety part" means a replacement of parts or systems essential to vehicle operation, suspension, electronic control units (ECU), brake parts, safety systems, and supplemental restraint system(SRS) components; and
9.  "Aftermarket safety part" means safety parts not made for or by the manufacturer of the motor vehicle.
SECTION 4.     AMENDATORY     15 O.S. 2011, Section 955, is amended to read as follows:
Section 955.  No insurer shall specify the use of non-original equipment manufacturer aftermarket crash parts in the repair of an insured's motor vehicle, nor shall a repair facility or installer use non-original equipment manufacturer aftermarket crash parts, aftermarket emissions parts or aftermarket safety parts to repair a vehicle, unless the consumer is advised in writing.  In all instances where non-original equipment manufacturer aftermarket crash parts, aftermarket emissions parts or aftermarket safety parts are intended for use by an insurer:
1.  The written estimate shall clearly identify each such part; and
2.  A disclosure document containing substantially the following information in ten-point type or larger type shall appear on or be attached to the insured's copy of the estimate:  "This estimate has been prepared based on the use of crash parts supplied by a source other than the manufacturer of your motor vehicle.  Warranties applicable to these replacement parts are provided by the manufacturer or distributor of these parts rather than the manufacturer of your vehicle."
When aftermarket emissions or aftermarket safety parts are used in preparing an estimate and the owner has been informed of the use of such parts as required by this section, the motor vehicle owner must consent in writing to the use of such parts before the repair is made.
SECTION 5.  This act shall become effective November 1, 2013.

54-1-341	NP	1/17/2013 7:03:42 PM