Arkansas 2025 Regular Session

Arkansas Senate Bill SB602 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to present law.
22 *ANS395* 04/01/2025 3:39:02 PM ANS395
33 State of Arkansas 1
44 95th General Assembly A Bill 2
55 Regular Session, 2025 SENATE BILL 602 3
66 4
77 By: Senator Crowell 5
88 6
99 7
1010 For An Act To Be Entitled 8
1111 AN ACT TO PROHIBIT INSURANCE COMPANIES AND APPRAISERS 9
1212 FROM REQUIRING AN INSURED TO USE CERTAIN FACILITIES 10
1313 TO REPAIR OR REPLACE DAMAGED MOTOR VEHICLE SAFETY 11
1414 GLASS; TO PROVIDE PENALTIES FOR VIOLATIONS; AND FOR 12
1515 OTHER PURPOSES. 13
1616 14
1717 15
1818 Subtitle 16
1919 TO PROHIBIT INSURANCE COMPANIES AND 17
2020 APPRAISERS FROM REQUIRING AN INSURED TO 18
2121 USE CERTAIN FACILITIES TO REPAIR OR 19
2222 REPLACE DAMAGED MOTOR VEHICLE SAFETY 20
2323 GLASS; AND TO PROVIDE PENALTIES FOR 21
2424 VIOLATIONS. 22
2525 23
2626 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
2727 25
2828 SECTION 1. Arkansas Code Title 23, Chapter 66, Subchapter 3, is 26
2929 amended to add an additional section to read as follows: 27
3030 23-66-322. Motor vehicle safety glass repair practices — Definition. 28
3131 (a) As used in this section, "motor vehicle safety glass" means glass 29
3232 for which a deductible shall not be applied under this section when being 30
3333 repaired or replaced. 31
3434 (b) A motor vehicle physical damage appraiser shall not require that 32
3535 motor vehicle safety glass repair or replacement work be performed or not be 33
3636 performed in or by a specified facility or glass shop. 34
3737 (c) An insurance company doing business in this state or a third -party 35
3838 claims administrator, agent, or adjuster for an insurance company doing 36 SB602
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4141 business in this state shall not: 1
4242 (1) Require an insured to sue a specific person for the 2
4343 provision of motor vehicle safety glass repair or replacement work; or 3
4444 (2) State that choosing a facility other than a glass shop 4
4545 participating in a motor vehicle safety glass repair or replacement work 5
4646 program established by the insurance company will or may result in delays in 6
4747 or a lack of guarantee for the motor vehicle safety glass work. 7
4848 (d)(1) If there is any communication between a glass claims 8
4949 representative for an insurance company doing business in this state or a 9
5050 third-party claims administrator for the insurance company and an insured 10
5151 regarding motor vehicle safety glass repair or replacement work or motor 11
5252 vehicle glass products, in the initial contact with the insured, the 12
5353 representative or third -party claims administrator shall state or disclose to 13
5454 the insured a statement substantially similar to the following: 14
5555 "You have the right to choose a glass shop where the damage to your motor 15
5656 vehicle will be repaired. If you have a preference, please let us know.". 16
5757 (2) Unless a glass claims representative for an insurance 17
5858 company doing business in this state or a third -party claims administrator 18
5959 for the insurance company provides the insured with the name of at least one 19
6060 (1) additional glass shop in the area where the motor vehicle safety glass 20
6161 work is to be performed, the claims representative or the claims 21
6262 administrator shall not provide an insured with the name of, schedule an 22
6363 appointment for an insured with, or direct an insured to, a glass shop that 23
6464 is owned by: 24
6565 (A) The insurance company; 25
6666 (B) The claims administrator; or 26
6767 (C) The same parent company as the insurance company or 27
6868 the claims administrator. 28
6969 (e) In addition to the penalties available under the Trade Practices 29
7070 Act, § 23-66-201 et seq., a violation of this section is: 30
7171 (1) An unfair trade practice under the Deceptive Trade Practices 31
7272 Act, § 4-88-101 et seq.; and 32
7373 (2) Subject to remedies and penalties under the Deceptive Trade 33
7474 Practices Act, § 4-88-101 et seq. 34
7575 35
7676 36