Section 2. Section 31A-22-319 is amended to read:31A-22-319. Disclosure of use of aftermarket crash parts required in application for policy of insurance -- Requirements on insurer when using non-OEM aftermarket crash parts.(1)Unless the insured is given notice in writing an insurer may not specify the use of non-OEM aftermarket crash parts in the repair of an insured's motor vehicle. The notice required by Subsection (1) shall identify non-OEM parts as not made for or by the vehicle manufacturer.(1)(a)If an insurer intends to use non-OEM aftermarket crash parts in a policy of insurance, the insurer shall include on each application that the insurer provides to a potential insured the following disclosure on the application, in at least 10-point font: "This application is based on the use of crash parts supplied by a source other than the manufacturer of your vehicle. Any warranty applicable to those crash parts will be provided by the manufacturer or distributor of those crash parts rather than the manufacturer of your vehicle."(b)If an insurer intends to use OEM aftermarket crash parts in a policy of insurance, the insurer shall include on each application the insurer provides to a potential insured the following disclosure on the application, in at least 10-point font: "This application is based on the use of original equipment manufacturer parts made by the manufacturer of your vehicle. Any warranty applicable to those crash parts will be provided by the manufacturer of your vehicle."(2)(a)When an insured makes a claim that will require the repair or replacement of one or more parts of the insured's motor vehicle, the insurer shall use the type of aftermarket crash part identified in the application the insurer provides to the insured in accordance with Subsection (1) for the repair.(2)(b)Unless the consumer is giveninsurer gives the insured notice in writing prior to installation on the application in accordance with Subsection (1)(a), a repair facility or installer may not use non-OEM aftermarket crash parts to repair a vehicle.(3)In all instances where non-OEM aftermarket crash parts are intended for use by an insurerWhen an insurer intends to use a non-OEM aftermarket crash part:(a)the written estimate shall clearly identify eachthe non-OEM aftermarket crash part; and(b)a disclosure document containing the following statements in 10 point or larger typeat least 10-point font shall appear on or be attached to the insured's copy of the estimate: "This estimate has been prepared based on the use of crash parts supplied by a source other than the manufacturer of your motor vehicle. Warranties applicable to these replacement parts are provided by the manufacturer or distributor of these parts rather than the manufacturer of your vehicle."; and(c)the insurer shall disclose to the insured whether the non-OEM aftermarket crash part has been issued a certification by an independent testing organization.(4)On or before the day on which an insured renews the insured's policy of insurance, the insurer shall send a notice to the insured that states:(a)if the insured's policy covers the use of non-OEM aftermarket parts: "Your policy covers the use of crash parts supplied by a source other than the manufacturer of your vehicle. Any warranty applicable to those crash parts will be provided by the manufacturer or distributor of those crash parts rather than the manufacturer of your vehicle."; or(b)if the insured's policy covers the use of OEM aftermarket parts: "Your policy covers the use of original equipment manufacturer parts made by the manufacturer of your vehicle. Any warranty applicable to those crash parts will be provided by the manufacturer of your vehicle."(5)Notwithstanding Sections 31A-2-101 and 31A-2-201, the department and the commissioner are not required to administer or otherwise enforce this section.