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									                                   South Carolina General Assembly
                                       119th Session, 2011-2012

H. 4961

STATUS INFORMATION

General Bill
Sponsors: Rep. Sellers
Document Path: l:\council\bills\agm\19469ab12.docx

Introduced in the House on March 7, 2012
Currently residing in the House Committee on Labor, Commerce and Industry

Summary: Motor vehicle repairs


HISTORY OF LEGISLATIVE ACTIONS

    Date   Body Action Description with journal page number
  3/7/2012 House Introduced and read first time (House Journal-page 8)
  3/7/2012 House Referred to Committee on Labor, Commerce and Industry (House Journal-page 8)

View the latest legislative information at the LPITS web site


VERSIONS OF THIS BILL

3/7/2012
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 9                               A BILL
10
11   TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
12   1976, BY ADDING ARTICLE 13 TO CHAPTER 77, TITLE 38
13   SO AS TO REQUIRE NOTICE AND CONSENT FOR THE USE
14   OF AFTERMARKET EMISSIONS AND AFTERMARKET
15   SAFETY PARTS IN MOTOR VEHICLE REPAIRS.
16
17   Be it enacted by the General Assembly of the State of South
18   Carolina:
19
20   SECTION 1. Chapter 77, Title 38 of the 1976 Code is amended
21   by adding:
22
23                               “Article 13
24
25         Notice and Consent to Use Aftermarket Emissions and
26          Aftermarket Safety Parts in Motor Vehicle Repairs
27
28      Section 38-77-1310. As used in this chapter:
29      (1) ‘Aftermarket crash part’ means a crash part made by any
30   manufacturer other than the original vehicle manufacturer or its
31   supplier.
32      (2) ‘Aftermarket emissions part’ means an emissions part made
33   by any manufacturer other than the original vehicle manufacturer
34   or its supplier.
35      (3) ‘Aftermarket safety part’ means a safety part made by any
36   manufacturer other than the original vehicle manufacturer or its
37   suppliers.
38      (4) ‘Crash part’ means a replacement for any of the
39   nonmechanical sheet metal or plastic parts which generally
40   constitute the exterior of a motor vehicle, including inner and outer
41   panels.


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 1      (5) ‘Emissions part’ means a replacement of parts or systems
 2   related to the control, monitoring and release of waste gases and
 3   particles created as a byproduct of combustion including, but not
 4   limited to, oxygen sensors, catalytic converters, exhaust pipes,
 5   exhaust manifold, fuel distributor, electronic emissions control unit
 6   or computer (ECU), onboard emissions diagnostic device or
 7   computer (OBD) and related parts and components.
 8      (6) ‘Repair facility’ means a motor vehicle dealer, garage,
 9   body shop, or other commercial entity which undertakes the repair
10   of a motor vehicle.
11      (7) ‘Safety part’ means a replacement of parts or systems
12   essential to vehicle operation, suspension, electronic control units
13   (ECU), brake parts, safety systems, and supplemental restraint
14   system (SRS) components.
15
16      Section 38-77-1320. (A) In all instances where aftermarket
17   emissions or aftermarket safety parts are used in preparing an
18   estimate for automobile repairs, the written estimate prepared by
19   the insurance adjuster and repair facility must clearly identify each
20   part. A disclosure document attached to the estimate must contain
21   the following information in no smaller than ten-point type:
22   ‘THIS ESTIMATE HAS BEEN PREPARED BASED ON THE
23   USE OF AFTERMARKET PARTS SUPPLIED BY A SOURCE
24   OTHER THAN THE MANUFACTURER OF YOUR MOTOR
25   VEHICLE. THE AFTERMARKET PARTS USED IN THE
26   PREPARATION OF THIS ESTIMATE ARE WARRANTED BY
27   THE MANUFACTURER OR DISTRIBUTOR OF SUCH PARTS
28   RATHER THAN THE MANUFACTURER OF YOUR
29   VEHICLE’.
30      (B) In all instances where aftermarket emissions or aftermarket
31   safety parts are used in preparing an estimate for repairs, and the
32   vehicle owner has been informed of the use of such parts as
33   required in subsection (A), the vehicle owner must consent in
34   writing to the use of the parts before the repair may be made.”
35
36   SECTION 2. This act takes effect upon approval by the Governor.
37                            ----XX----
38




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