House Bill No. 478
Introduced By _______________________________________________________________________________
A Bill for an Act entitled: "An Act revising the definition of "glass broker"; revising the practices from which certain persons engaged in the sale, repair, or replacement of automobile glass are prohibited; and amending sections 30-14-225 and 33-18-223, 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. (1) A person engaged in the sale, repair, or replacement of automobile glass 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; 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.
person glass broker, as defined in 33-18-223, may not manage, handle, or arrange automobile glass replacement or
glass repair work for which the person glass broker retains a percentage of the claim or a set fee paid by the insurance
company to the glass repair shop for an amount in excess of the amount paid to the glass repair shop."
Section 2. Section 33-18-223, MCA, is amended to read:
"33-18-223. Prohibited activities -- glass broker defined. (1) It is unlawful for an insurance company, individually or with others, to directly or indirectly:
(a) establish an agreement with any person to act as a glass broker for the insurance company under which the glass broker sets a price that must be met by a glass repair shop as a condition for doing glass replacement or glass repair work for the insurance company;
(b) establish an agreement with
any person a glass broker that requires a glass repair shop to bill through that person glass
broker as a condition of doing glass replacement or glass repair work; or
(c) establish a price that must be met by a glass repair shop as a condition for doing glass replacement or glass repair work that is below the lowest prevailing market price as provided in 33-18-222.
(2) As used in this section, "glass broker" means an automobile glass company that acts as a third-party agent for the
for whenever the purpose of entering glass broker enters into agreements with other automobile glass dealers to
perform glass replacement or glass repair work."