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Introduced Version Senate Concurrent Resolution 46 History

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Key: Green = existing Code. Red = new code to be enacted

SENATE CONCURRENT RESOLUTION 46

(By Senator Maynard)

[Introduced March 23, 2017]

 

Requesting the Joint Committee on Government and Finance study consumer complaints received by the state in the last three years regarding the safety of aftermarket crash parts.

Whereas, West Virginia Code (§46A-6B-3) states for all motor vehicles requiring repair by motor vehicle body shops in the year of their manufacture or in the two succeeding years thereafter, motor vehicle body shops must use genuine crash parts sufficient to maintain the manufacturer’s warranty for fit, finish, structural integrity, corrosion resistance, dent resistance and crash performance unless the motor vehicle owner consents in writing at the time of the repair to the use of aftermarket crash parts; and

Whereas, West Virginia Code (§46A-6B-3) states no insurance company may require the use of aftermarket crash parts when negotiating repairs of the motor vehicle with any repairer for a period of three years, the year the motor vehicle was manufactured and the two succeeding years thereafter, unless the motor vehicle owner consents in writing at the time of the repair to the use of aftermarket crash parts; and

Whereas, Motor vehicle dealers, automobile manufacturers and body shops have made claims that aftermarket crash parts are unsafe and may void the motor vehicle’s warranty; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is requested to study consumer complaints received by the state in the last three years regarding the safety of aftermarket crash parts; and, be it

Further Resolved, That the Joint Committee on Government and Finance enlist the assistance of the Insurance Commissioner, the Attorney General’s Office, motor vehicle dealers and automobile manufacturers in conducting the study; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2018, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

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