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Senate Engrossed |
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State of Arizona Senate Forty-seventh Legislature Second Regular Session 2006
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SENATE BILL 1322 |
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AN ACT
amending sections 20-456 and 20-468, Arizona Revised Statutes; repealing section 20-469, Arizona Revised Statutes; relating to motor vehicle repair facilities.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 20-456, Arizona Revised Statutes, is amended to read:
20-456. Cease and desist order for defined or prohibited practices; civil penalty
A. If after a hearing the director finds that the person charged has engaged or is engaging in any act or practice defined in or prohibited under this article as an illegal or unfair method of competition or an unfair or deceptive act or practice, the director shall order the person to cease and desist from the proscribed acts or practices.
B. If the act or practice is a violation of section 20‑443, 20‑443.01, 20‑444, 20‑445, 20‑446, 20‑447, 20‑448, 20‑448.01, 20‑448.02, 20‑449, 20‑451, 20‑452 or 20‑467 or a general business practice of committing or performing acts or omissions proscribed by sections 20‑461 and 20‑468 and 20‑469, the director may also impose a civil penalty of not more than one thousand dollars for each act or violation but not to exceed an aggregate penalty of ten thousand dollars unless the person intentionally violates any section enumerated in this subsection, in which case the director may impose a civil penalty of up to five thousand dollars for each act or violation but not to exceed an aggregate penalty of fifty thousand dollars in any six month period.
C. No order of the director pursuant to this section or order of a court to enforce it, or holding of a hearing, may in any manner relieve or absolve any person affected by the order or hearing from any other liability, penalty or forfeiture under law.
Sec. 2. Section 20-468, Arizona Revised Statutes, is amended to read:
20-468. Motor vehicle loss; policyholder choice of repair facility
A. For repair facilities other than glass repair facilities and subject to the rights of an insurer to receive notice of loss or claim consistent with the provisions of its policy, a person in this state has the right to choose any repair facility for the repair of a motor vehicle loss. If an insurer provides information about a repair facility, the insurer shall inform the person of this right at the same time as making the recommendation or providing the information. This section does not create a private right or cause of action to or on behalf of any person.
B. If an insured or claimant selects a repair facility to repair the insured's or claimant's motor vehicle in which the insurer owns an interest in that repair facility, the adjuster for the motor vehicle shall not be employed by the repair facility or have any direct authority over that facility's recommendations or decisions relating to the repair of the insured's or claimant's motor vehicle.
Sec. 3. Repeal
Section 20-469, Arizona Revised Statutes, is repealed.