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SB 320: "An Act relating to certain motor vehicle repairs and prohibiting discrimination in motor vehicle insurance rates based on credit rating or credit scoring; and providing for an effective date."

00 SENATE BILL NO. 320 01 "An Act relating to certain motor vehicle repairs and prohibiting discrimination in 02 motor vehicle insurance rates based on credit rating or credit scoring; and providing for 03 an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 21.36 is amended by adding a new section to read: 06 Sec. 21.36.295. Coverage for certain motor vehicle aftermarket crash parts. 07 (a) An insurer that offers a personal automobile insurance policy that provides coverage 08 for repair of the automobile shall provide the insured a warranty for aftermarket crash 09 parts if a warranty is requested by the insured. 10 (b) Except with the consent of the insured, an insurer may not require, directly or 11 indirectly, that a motor vehicle repair shop supply or install an aftermarket crash part, 12 unless the part is certified by an independent test facility to be at least equivalent in fit, 13 finish, function, and corrosion resistance to the part being replaced. 14 (c) In this section, "aftermarket crash part" has the meaning given in

01 AS 45.45.185. 02 * Sec. 2. AS 21.39.030 is amended by adding a new subsection to read: 03 (d) An insurer or underwriter may not base a standard, rate, or rating plan for 04 motor vehicle insurance, in whole or in part, directly or indirectly, upon a person's 05 credit rating or credit scoring. 06 * Sec. 3. AS 45.45 is amended by adding a new section to read: 07 Sec. 45.45.185. Motor vehicle repairs. (a) An invoice prepared by a motor 08 vehicle repair facility for repair work must indicate if an aftermarket crash part is used in 09 making a repair. 10 (b) If a crash part used in the repair work is supplied by the original equipment 11 manufacturer, the motor vehicle repair facility shall provide a warranty that guarantees 12 that the part meets or exceeds standards used in manufacturing the original part. 13 (c) If a crash part used in the repair work is not supplied by the original 14 equipment manufacturer, the motor vehicle repair facility shall include in the repair cost 15 estimate the following statement: 16 This estimate has been prepared based on the use of a motor 17 vehicle replacement part not made by the original equipment 18 manufacturer. The use of a motor vehicle replacement part not 19 made by the original equipment manufacturer may invalidate the 20 remaining warranty of the original equipment manufacturer on 21 that motor vehicle part. The person who prepared this estimate 22 will provide a copy of the warranty for parts not made by the 23 original equipment manufacturer for comparison purposes. 24 (d) A motor vehicle repair facility may not supply or install an aftermarket crash 25 part unless the part is certified by an independent test facility to be at least equivalent in 26 fit, finish, function, and corrosion resistance to the part being replaced. 27 (e) In this section, "aftermarket crash part" means a metal or plastic motor 28 vehicle replacement part that is not supplied by the original equipment manufacturer and 29 that is generally installed as a result of a crash or collision. 30 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).