The Auto Glass Safety Council is concerned about a series of state legislative proposals regarding calibration and Advanced Driver Assistance Systems (ADAS) under consideration in several states. AGSC fully supports the concept that proper calibrations must be performed on vehicles equipped with ADAS and an update to the Automotive Glass Replacement Safety Standard is moving through committee process which reflects that position. However, these bills address pricing, billing practices and the relationships of auto glass shops with insurers and claims administrators that could cause concern for independent glass shops that subcontract calibration services.
The bills, at least as introduced, are substantially similar to a law passed in Utah over the last two years and include provisions that:
- Allow an insurer to limit payment on recalibration to a “fair and competitive price for the local market area.”
- Require the glass company to provide the customer an itemized description in writing of the work to be performed, the amount the insurer is paying and cannot represent that there will be no cost to the customer unless the insurer has approved the cost.
- Require the glass company to meet or exceed motor vehicle manufacturer specifications and not charge for services not in accordance with those specifications.
- Require glass companies to inform the customer if a calibration was not performed or not successfully performed.
- Impose civil penalties of $500 for each violation of the bill’s provisions.
Below is an update on action in the states considering these bills:
ARIZONA
SB 1410 has passed the Arizona Senate. The bill was introduced by State Commerce Committee Chair J.D. Mesnard and passed the Commerce Committee by a unanimous vote. The bill, however, was substantially amended on the Senate floor prior to passage. As amended, it now requires auto glass repair companies to inform customers about calibration and provide an itemized description of the work to be done. The glass company cannot represent that the cost will be paid entirely by the insurer unless it is fully covered by the customer’s insurance policy. It also requires that the recalibration meet or exceed manufacturer’s specifications. Finally, the amendments increase the fine for violations to $2,500 per violation. The Arizona State Senate prepared a summary of the amendments and the revised bill that is POSTED HERE.
MARYLAND
Senator Chris West introduced SB 428 and the bill was heard before the Senate Finance Committee on February 9. AGSC submitted testimony in opposition of the bill. AGSC member Glass America also testified in opposition. The bill is pending before the committee. Text of the Maryland bill is POSTED HERE.
AGSC is participating in stakeholder discussions led by Senator West on amendments to the bill that have not been finalized at this time.
ILLINOIS
Rep. LaShawn Ford introduced HB 5409. The bill was scheduled to be heard by the House Consumer Protection Committee in February and was later reassigned to the House Rules Committee. Text of the Illinois HB 5409 is POSTED HERE.
A second ADAS/calibration bill, HB 4719, which is more reflective of AGSC’s safety priorities regarding calibration, was introduced by Rep. Elizabeth Hernandez and was also scheduled for a committee hearing but was withdrawn and later assigned to the House Rules Committee. Text of that bill is POSTED HERE.
The Illinois legislature is scheduled to adjourn on April 8 so it is unlikely that these bills will move forward this year.