DELAWARE STATE SENATE

140th GENERAL ASSEMBLY

SENATE BILL NO. 70

AS AMENDED BY

SENATE AMENDMENT NOS. 1 & 2

AN ACT TO AMEND TITLES 6 AND 18 OF THE DELAWARE CODE RELATING TO NON-MECHANICAL AUTOMOTIVE REPAIR WORK.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 3916, Title 18, of the Delaware Code by designating the existing language therein as subsection (a) and by adding the following subsections:

"(b) No insurance company, domestic or foreign, or any agent or employee shall, as a condition of payment of a claim, require any automotive repair facilities to use any non-mechanical parts other than original equipment manufactured (OEM) parts or CAPA-certified parts when performing any non-mechanical auto repair work on a motor vehicle that is still covered by any manufacturer’s warranty, including any manufacturer’s extended warranty.

      1. No insurance company, domestic or foreign, or any agent or employee shall require any insured to authorize the use of any parts, other than OEM parts or CAPA-certified parts for any non-mechanical auto repair work performed on a motor vehicle during the period of time the motor vehicle to be repaired is still covered by any manufacturer’s warranty.

      2. As used in this Section:

      1. ‘Automotive repair facility’ and ‘auto repair work’ are as defined by § 4902A of Title 6.

      2. ‘Original equipment manufactured parts’ or ‘OEM parts’ are as defined by § 4902A of Title 6.

      3. ‘Manufacturer’s warranty’ and ‘manufacturer’s extended warranty’ mean any warranty governed by § 5001 of Title 6.

      4. ‘Non-mechanical parts’ and ‘non-mechanical auto repair work’ are as defined by § 4902A of Title 6."

Section 2. Amend § 4906A, Title 6, of the Delaware Code by designating the existing language therein as subsection (b) and by adding the following subsections:

"(a) In the event an automotive repair facility is going to use parts other than original equipment manufactured (OEM) parts or CAPA-certified parts when performing any non-mechanical auto repair work in a motor vehicle, then prior to the actual performance of the auto repair work, the auto repair facility must obtain written authorization from the customer, and such written authorization must contain:

    1. a statement that the customer has been informed of the availability of OEM and CAPA-certified parts and the comparative costs and benefits of using OEM parts or CAPA-certified parts as opposed to any other make of parts; and

(2) a statement that the parts used to perform such repair work are at least equal in terms of fit, quality, performance, and warranty to OEM parts and CAPA-certified parts that might otherwise have been used.

(3) The statement, ‘THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF REPLACEMENT PARTS THAT ARE NOT: 1) MANUFACTURED BY THE ORIGINAL MANUFACTURER OF YOUR MOTOR VEHICLE, 2) BY A MANUFACTURER AUTHORIZED BY THE ORIGINAL MANUFACTURER TO USE ITS NAME, OR TRADEMARK, OR 3) CAPA-CERTIFIED. PARTS USED IN THE REPAIR OF YOUR MOTOR VEHICLE BY OTHER THAN THE ORIGINAL MANUFACTURER ARE REQUIRED TO BE AT LEAST EQUAL IN KIND AND QUALITY IN TERMS OF FIT, QUALITY AND PERFORMANCE TO THE ORIGINAL MANUFACTURER PARTS THEY ARE REPLACING."

Section 3. Amend § 4902A, Title 6, of the Delaware Code by adding the following subsections:

"(6) ‘Original equipment manufactured parts’ or ‘OEM parts’ mean replacement mechanical and non-mechanical parts that are available at or through the manufacturer of the motor vehicle and that were used in the original construction of the vehicle or that have been made available by the manufacturer of the motor vehicle for use in the original construction of the vehicle.

      1. ‘Non-mechanical auto repair work’ means auto repair work to any non-mechanical part.

      2. ‘Non-mechanical parts’ mean any piece of exterior or interior sheet metal or fiberglass panels and any parts that form the superstructure or body of a motor vehicle, including, but not limited to, any fenders, bumpers, quarterpanels, door panels, hoods, grills, fire walls, permanent roofs, wheel wells, front and rear lamp displays, or any non-mechanical sheet metal, fiberglass or plastic panels or parts which generally constitute the exterior or interior of the motor vehicle.

      3. ‘CAPA-certified parts’ means parts that have received certification from the Certified Automotive Parts Association."

Section 4. If any provision of this Act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.