00                             SENATE BILL NO. 348                                                                         
01 "An Act relating to insurance for and work on certain motor vehicle repairs; and                                        
02 providing for an effective date."                                                                                       
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 21.36 is amended by adding a new section to read:                                                 
05            Sec. 21.36.295.  Coverage for certain motor vehicle aftermarket crash parts.                               
06       (a)  An insurer that offers a personal automobile insurance policy that provides coverage                         
07       for repair of the automobile shall provide the insured a warranty for aftermarket crash                           
08       parts if a warranty is requested by the insured.  The warranty must guarantee that the part                       
09       meets or exceeds standards used in manufacturing the original part.  Before issuing or                            
10       renewing a personal automobile insurance policy, the insurer shall provide the applicant                          
11       or insured written notice of the warranty available under this subsection.                                        
12            (b)  An insurer may not require, directly or indirectly, that a motor vehicle repair                         
13       shop supply or install an aftermarket crash part unless the use of the part is allowed under                      
14       AS 45.45.185(a) and the part is at least equivalent in fit, finish, function, and corrosion                       
01       resistance to the part being replaced.                                                                            
02            (c)  In this section, "aftermarket crash part" has the meaning given in                                      
03       AS 45.45.185.                                                                                                     
04    * Sec. 2.  AS 45.45 is amended by adding a new section to read:                                                    
05            Sec. 45.45.185.  Motor vehicle repairs.  (a)  Except with the consent of the                               
06       motor vehicle owner, a motor vehicle repair facility may not use an aftermarket crash                             
07       part for repair work on a motor vehicle if the motor vehicle is being repaired during the                         
08       year of the vehicle's manufacture or during the three years following the year of the                             
09       vehicle's manufacture.                                                                                            
10            (b)  An invoice prepared by a motor vehicle repair facility for repair work must                             
11       indicate if an aftermarket crash part is used in making a repair allowed under this section.                      
12            (c)  If a crash part used in the repair work is supplied by the original equipment                           
13       manufacturer, the motor vehicle repair facility shall provide a warranty that guarantees                          
14       that the part meets or exceeds standards used in manufacturing the original part.                                 
15            (d)  If a crash part used in the repair work is not supplied by the original                                 
16       equipment manufacturer, the motor vehicle repair facility shall include in the repair cost                        
17       estimate the following statement:                                                                                 
18            This estimate has been prepared based on the use of a motor                                                  
19            vehicle replacement part not made by the original equipment                                                  
20            manufacturer.  The use of a motor vehicle replacement part not                                               
21            made by the original equipment manufacturer may invalidate the                                               
22            remaining warranty of the original equipment manufacturer on                                                 
23            that motor vehicle part.  The person who prepared this estimate                                              
24            will provide a copy of the warranty for parts not made by the                                                
25            original equipment manufacturer for comparison purposes.                                                     
26            (e)  A motor vehicle repair facility may not supply or install an aftermarket crash                          
27       part unless the part is at least equivalent in fit, finish, function, and corrosion resistance to                 
28       the part being replaced.                                                                                          
29            (f)  In this section, "aftermarket crash part" means a motor vehicle replacement                             
30       part that is not supplied by or at the direction of the original equipment manufacturer and                       
31       that is generally installed as a result of a crash or collision.                                                  
01    * Sec. 3.  This Act takes effect immediately under AS 01.10.070(c).