Maryland 2022 Regular Session

Maryland Senate Bill SB428 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0428
6	6
7	7	SENATE BILL 428
8	8	I3, R6 2lr1896
9	9
10	10	By: Senator West
11	11	Introduced and read first time: January 26, 2022
12	12	Assigned to: Finance
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Consumer Protection – Automotive Glass Repair or Replacement – Advanced 2
19	19	Driver Assistance System Recalibration 3
20	20
21	21	FOR the purpose of establishing consumer protections related to the repair or replacement 4
22	22	of automotive glass on motor vehicles equipped with an advanced driver assistance 5
23	23	system; prohibiting an insurer from being charged more than a fair and competitive 6
24	24	value for the local market for the recalibration of an advanced driver assistance 7
25	25	system; and generally relating to consumer protections related to the repair or 8
26	26	replacement of automotive glass on motor vehicles equipped with advanced driver 9
27	27	assistance systems. 10
28	28
29	29	BY repealing and reenacting, with amendments, 11
30	30	Article – Commercial Law 12
31	31	Section 14–1001 and 14–1009 13
32	32	Annotated Code of Maryland 14
33	33	(2013 Replacement Volume and 2021 Supplement) 15
34	34
35	35	BY adding to 16
36	36	Article – Commercial Law 17
37	37	Section 14–1009 18
38	38	Annotated Code of Maryland 19
39	39	(2013 Replacement Volume and 2021 Supplement) 20
40	40
41	41	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
42	42	That the Laws of Maryland read as follows: 22
43	43
44	44	Article – Commercial Law 23
45	45
46	46	14–1001. 24
47	47
48	48	(a) In this subtitle the following words have the meanings indicated. 25 2 SENATE BILL 428
49	49
50	50
51	51
52	52	(b) “Automotive repair facility” means any person who [diagnoses], FOR 1
53	53	FINANCIAL PROFIT : 2
54	54
55	55	(1) DIAGNOSES or corrects malfunctions of a motor vehicle [for financial 3
56	56	profit]; OR 4
57	57
58	58	(2) REPAIRS OR REPLACES AUTOMOTIVE GLASS . 5
59	59
60	60	(c) “Motor vehicle” has the meaning stated in Title 11 of the Transportation 6
61	61	Article. 7
62	62
63	63	(d) “Person” includes an individual, corporation, business trust, statutory trust, 8
64	64	estate, trust, partnership, association, two or more persons having a joint or common 9
65	65	interest, or any other legal or commercial entity. 10
66	66
67	67	14–1009. 11
68	68
69	69	(A) IN THIS SECTION, “ADVANCED DRIVER ASSI STANCE SYSTEM ” MEANS AN 12
70	70	ELECTRONIC SAFETY SYSTEM TH AT IS DESIGNED TO SU PPORT A DRIVER OPERATING 13
71	71	A MOTOR VEHICLE THAT IS INTENDED TO INCRE ASE VEHICLE SAFETY A ND REDUCE 14
72	72	LOSSES ASSOCIATED WI TH MOTOR VEHICLE CRA SHES. 15
73	73
74	74	(B) BEFORE REPAIRING OR R EPLACING AUTOMOTIVE GLASS, IF A MOTOR 16
75	75	VEHICLE IS EQUIPPED WITH AN ADVANCED DRIVER ASSI STANCE SYSTEM , AN 17
76	76	AUTOMOTIVE REPAIR FA CILITY SHALL: 18
77	77
78	78	(1) INFORM THE CUSTOMER I F THE RECALIBRATION OF AN 19
79	79	ADVANCED DRIVER ASSI STANCE SYSTEM IS REQ UIRED; AND 20
80	80
81	81	(2) PROVIDE THE CUSTOMER WITH: 21
82	82
83	83	(I) AN ITEMIZED DESCRIPTION OF THE W ORK TO BE 22
84	84	PERFORMED ON THE MOTOR VEHICLE ; AND 23
85	85
86	86	(II) IF AN INSURER IS PAYI NG FOR ALL OR A PORT ION OF THE 24
87	87	GLASS REPAIR, GLASS REPLACEMENT , OR THE RECALIBRATION OF AN ADVANCED 25
88	88	DRIVER ASSISTANCE SY STEM, THE TOTAL AMOUNT THA T THE INSURER AGREES TO 26
89	89	PAY. 27
90	90
91	91	(C) AN AUTOMOTIVE REPAIR FAC ILITY MAY NOT REPRES ENT TO A 28
92	92	CUSTOMER THAT THE CO ST OF WORK TO BE PERFORMED TO RECALIB RATE AN 29
93	93	ADVANCED DRIVER ASSI STANCE SYSTEM ON A MOTOR VEHICLE WILL BE PAID 30 SENATE BILL 428 3
94	94
95	95
96	96	ENTIRELY BY THE CUST OMER’S INSURER AT NO COST TO THE CUSTOMER UNLESS 1
97	97	THE COST IS FULLY CO VERED AND APPROVED B Y THE INSURER. 2
98	98
99	99	(D) AN INSURER MAY NOT BE REQUIRED TO PAY MORE THAN A FAIR AND 3
100	100	COMPETITIVE PRICE FO R THE LOCAL MARKET A REA FOR WORK PERFORMED TO 4
101	101	RECALIBRATE AN ADVAN CED DRIVER ASSISTANC E SYSTEM. 5
102	102
103	103	(E) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , AN 6
104	104	AUTOMOTIVE REPAIR FA CILITY IS NOT LIMITE D TO AUTOMOTIVE GLASS, TOOLING, 7
105	105	EQUIPMENT, OR REPAIR PROCEDURES PROVIDED BY THE VEHI CLE 8
106	106	MANUFACTURER . 9
107	107
108	108	(2) RECALIBRATION OF AN A DVANCED DRIVER ASSIS TANCE SYSTEM 10
109	109	PERFORMED BY AN AUTOMOTIVE REPAIR FA CILITY SHALL MEET OR EXCEED THE 11
110	110	MOTOR VEHICLE MANUFA CTURER’S SPECIFICATIONS . 12
111	111
112	112	(3) AN AUTOMOTIVE REPAIR FACILITY MAY NOT CHA RGE FOR 13
113	113	SERVICES THAT ARE NO T PERFORMED IN ACCORDANCE WITH THE MOTOR VEHICLE 14
114	114	MANUFACTURER ’S SPECIFICATIONS . 15
115	115
116	116	(F) IF RECALIBRATION OF A N ADVANCED DRIVER AS SISTANCE SYSTEM IS 16
117	117	REQUIRED AND IS NOT PERFORMED OR SUC CESSFULLY COMPLETED , THE 17
118	118	AUTOMOTIVE REPAIR FA CILITY SHALL INFORM THE CUSTOMER ELECTRO NICALLY 18
119	119	OR IN WRITING THAT T HE RECALIBRATION WAS NOT PERFORMED OR WAS 19
120	120	UNSUCCESSFUL AND ADV ISE THE CUSTOMER THA T THE MOTOR VEHICLE SHOULD 20
121	121	BE TAKEN TO: 21
122	122
123	123	(1) A MOTOR VEHICLE MANUFACTURER ’S CERTIFIED DEALERSHIP ; 22
124	124	OR 23
125	125
126	126	(2) A QUALIFIED AUTOMOTIVE REPAIR FACILITY CAPA BLE OF 24
127	127	PERFORMING THE RECAL IBRATION OF AN ADVAN CED DRIVER ASSISTANC E SYSTEM 25
128	128	THAT MEETS OR EXCEEDS THE MOTOR VE HICLE MANUFACTURER ’S 26
129	129	SPECIFICATIONS . 27
130	130
131	131	[14–1009.] 14–1010. 28
132	132
133	133	A violation of any provision of this subtitle is an unfair [or], deceptive, OR ABUSIVE 29
134	134	TRADE practice within the meaning of Title 13 of this article and is subject to the 30
135	135	enforcement and penalty provisions contained in Title 13 of this article. 31
136	136
137	137	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 32
138	138	October 1, 2022. 33