House Bill 719

AN ACT TO AMEND SECTION 63-27-1, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITIONS FOR THE PROVISIONS OF LAW REGARDING THE DISCLOSURE OF USE OF NONORIGINAL REPLACEMENT PARTS FOR MOTOR VEHICLES; TO AMEND SECTION 63-27-3, MISSISSIPPI CODE OF 1972, TO REQUIRE THE MANUFACTURER TO MARK AFTERMARKET EMISSIONS PARTS AND AFTERMARKET SAFETY PARTS MANUFACTURED OR SUPPLIED FOR USE IN THIS STATE ON OR AFTER JANUARY 1, 2015; TO AMEND SECTION 63-27-5, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS OF LAW REGARDING THE DISCLOSURE OF CERTAIN AFTERMARKET PARTS IN ESTIMATES FOR REPAIRS; TO CREATE NEW SECTION 63-27-6, MISSISSIPPI CODE OF 1972, TO REQUIRE WRITTEN CONSENT OF THE VEHICLE OWNER FOR THE USE OF CERTAIN AFTERMARKET PARTS IN REPAIRING A MOTOR VEHICLE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 63-27-1, Mississippi Code of 1972, is amended as follows:

63-27-1. As used in this chapter, the following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise:

(a) "Aftermarket crash part" means a crash part made by any manufacturer other than the original vehicle manufacturer or its supplier.

(b) "Aftermarket emissions part" means an emissions part made by any manufacturer other than the original vehicle manufacturer or its supplier.

(c) "Aftermarket safety part" means a safety part made by any manufacturer other than the original vehicle manufacturer or its supplier.

(d) " * * * Crash part" means a replacement for any of the nonmechanical sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including inner and outer panels.

(e) "Emissions part" means a replacement of parts or systems related to the control, monitoring and release of waste gases and particles created as a byproduct of combustion including, but not limited to, oxygen sensors, catalytic converters, exhaust pipes, exhaust manifolds, fuel distributors, electronic emissions control units or computers, onboard emissions diagnostic devices or computers and related parts and components.

(f) "Installer" means an individual who performs the work of replacing or repairing parts of a motor vehicle.

(g) "Insurer" includes an insurance company and any person authorized to represent the insurer with respect to a claim and who is acting within the scope of the person's authority.

* * *

(h) "Repair facility" means a motor vehicle dealer, garage, body shop or other commercial entity which undertakes the repair * * * of a motor vehicle.

(i) "Safety part" means a replacement of parts or systems essential to vehicle operation, suspension, electronic control units, brake parts, safety systems or supplemental restraint system components.

SECTION 2. Section 63-27-3, Mississippi Code of 1972, is amended as follows:

63-27-3. (1) Any * * * aftermarket crash part manufactured or supplied for use in this state on or after January 1, 1991, shall have affixed thereto or inscribed thereon the logo, identification number, or name of its manufacturer. Such manufacturer's logo, identification number or name shall be visible after installation whenever practicable.

(2) Any aftermarket emissions part or aftermarket safety part manufactured or supplied for use in this state on or after January 1, 2015, shall have affixed or inscribed on the part the logo, the identification number or the name of its manufacturer. That logo, number or name must be visible after installation whenever practicable.

SECTION 3. Section 63-27-5, Mississippi Code of 1972, is amended as follows:

63-27-5. In all instances where * * * aftermarket crash parts, aftermarket emissions parts or aftermarket safety parts are used in preparing an estimate for repairs, the written estimate prepared by the insurer and repair facility shall clearly identify each such part. A disclosure document attached to the estimate shall contain the following information in no smaller than ten-point type:

THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF AFTERMARKET * * * PARTS SUPPLIED BY A SOURCE OTHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE. THE AFTERMARKET * * * PARTS USED IN THE PREPARATION OF THIS ESTIMATE ARE WARRANTED BY THE MANUFACTURER OR DISTRIBUTOR OF SUCH PARTS RATHER THAN THE MANUFACTURER OF YOUR VEHICLE.

SECTION 4. The following shall be codified as Section 63-27-6, Mississippi Code of 1972:

63-27-6. In all instances where aftermarket emissions parts or aftermarket safety parts are used in preparing an estimate for repairs, and the vehicle owner has been informed of the use of those parts as required by this chapter, the vehicle owner must consent in writing, at the time notice is provided, to the use of those parts before the repair is made.

SECTION 5. This act shall take effect and be in force from and after July 1, 2012.