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HOUSE BILL NO. 154
INTRODUCED BY S. GALLUS
BY REQUEST OF THE STATE AUDITOR
AN ACT CLARIFYING THE PROHIBITION AGAINST OFFERING ANY FORM OF INCENTIVE OR REBATE TO PAY ALL OR PART OF A CASUALTY OR PROPERTY INSURANCE DEDUCTIBLE RELATED TO THE SALE, REPAIR, OR REPLACEMENT OF AUTOMOBILE GLASS; MAKING THE PROHIBITION APPLICABLE TO AUTOMOBILE REPAIR BUSINESSES; DEFINING A VIOLATION OF THE PROHIBITION AS AN UNFAIR TRADE PRACTICE AND RENDERING THE VIOLATOR SUBJECT TO INSURANCE FRAUD STATUTES; AND AMENDING SECTION 30-14-225, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 30-14-225, MCA, is amended to read:
"30-14-225. Prohibited practices -- advertising allowed -- violations. (1) A person engaged in the sale, repair, or replacement of automobile glass or in the business of automobile repair may not:
(a) advertise, promise to provide, or offer any coupon, credit, or rebate to pay all or part of an insurance deductible under a casualty or property insurance policy, including any incentive to purchase automobile glass or automobile repairs offered to the customer in which the customer, in conjunction with the purchase of automobile glass or automobile repairs, receives cash or other valuable consideration; or
(b) pay a sum or incentive to an individual or entity for directing glass replacement or repair or the purchase of a glass product.
(2) A person or association of persons engaged in the sale, repair, or replacement of automobile glass may advertise services as to quality, service, and safety.
(3) A glass broker, as defined in 33-18-223, may not manage, handle, or arrange automobile glass replacement or glass repair work for which the glass broker retains a percentage of the claim.
(4) (a) A violation of subsection (1)(a) is an unfair and deceptive act under 30-14-103.
(b) A person engaged in the sale, repair, or replacement of automobile glass or in the business of automobile repair who violates subsection (1)(a) is also subject to the insurance fraud protection provisions of Title 33, chapter 1, part 12."
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Latest Version of HB 154 (HB0154.ENR)
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