Second Regular Session H.B. 2328
PROPOSED
SENATE AMENDMENTS TO H.B. 2328
(Reference to House engrossed bill)
Strike everything after the enacting clause and insert:
"Section 1. Section 20-469.01, Arizona Revised Statutes, is amended to read:
20-469.01. Third party administrator; glass; violation; classification; definition
A. If a third party administrator recommends or provides information about a glass repair facility to a customer, the third party administrator shall inform the person of the person's right prescribed in section 20-469 to choose any glass repair facility for the repair of the loss relating to motor vehicle glass at the same time as making the recommendation or providing information. An independent adjuster or a third party administrator's automotive physical damage appraiser or claims inspector for automotive glass repair or replacement work in connection with an inspection limited to automotive glass repair or replacement shall not recommend any particular glass repair facility.
B. This section shall not apply to any employee or insurance producer of an insurer.
C. This section shall not create a private right of action.
D. A person who knowingly violates this section is guilty of a petty offense for a first violation and, notwithstanding section 13-802, shall pay a fine of one thousand five hundred dollars for a second violation within eighteen months after a prior violation of this section and three thousand dollars for any subsequent violation within eighteen months after a prior violation of this section.
E. For the purposes of determining whether a defendant acted knowingly, it may be presumed that the person had knowledge if the person was engaged in a regular and consistent pattern of the prohibited activity.
F. A GLASS REPAIR FACILITY MAY FILE WITH THE DEPARTMENT ANY ALLEGED VIOLATIONS OF THIS SECTION, INCLUDING ANY COMPLAINTS OF STEERING BUSINESS TOWARD A PARTICULAR GLASS REPAIR FACILITY, OR OTHER UNFAIR CLAIMS PRACTICES BY A THIRD PARTY ADMINISTRATOR.
F. G. For the purposes of this section "third party administrator" means any person who provides administrative service or adjusts or settles claims in connection with automobile glass repair insurance coverage."
Amend title to conform