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A09461 Summary:

BILL NOA09461
 
SAME ASSAME AS S08824
 
SPONSORHunter
 
COSPNSR
 
MLTSPNSR
 
Amd §392-k, Gen Bus L; amd §2, Chap of 2025 (as proposed in S.4879-B & A.6943-B)
 
Clarifies standards for glass repair and calibration of advanced driver assistance systems for motor vehicle glass repair facilities.
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A09461 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9461
 
                   IN ASSEMBLY
 
                                     January 6, 2026
                                       ___________
 
        Introduced by M. of A. HUNTER -- read once and referred to the Committee
          on Consumer Affairs and Protection
 
        AN  ACT  to  amend  the  general business law, in relation to clarifying
          requirements for glass  repair  and  calibration  of  advanced  driver
          assistance  systems; and to amend a chapter of the laws of 2025 amend-
          ing the general business law relating to  establishing  standards  for
          glass repair and calibration of advanced driver assistance systems, as
          proposed  in  legislative  bills  numbers  S. 4879-B and A. 6943-B, in
          relation to the effectiveness thereof
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivisions  2, 3, 4, 5, 7 and 9 of section 392-k of the
     2  general business law, as added by a chapter of the laws of 2025 amending
     3  the general business law relating to establishing  standards  for  glass
     4  repair  and  calibration  of  advanced  driver  assistance  systems,  as
     5  proposed in legislative bills numbers  S.  4879-B  and  A.  6943-B,  are
     6  amended and a new subdivision 10 is added to read as follows:
     7    2. Requirements. If a motor vehicle is equipped with an advanced driv-
     8  er  assistance system, a motor vehicle glass repair [shop] facility that
     9  conducts safety glass or motor vehicle  glass  repair,  replacement,  or
    10  recalibration shall inform the consumer:
    11    (a)  if  a  recalibration  of the advanced driver assistance system is
    12  required; and
    13    (b) if a recalibration of the advanced  driver  assistance  system  is
    14  performed  that  such system shall meet the motor vehicle's manufacturer
    15  specifications.
    16    3. Notification. (a) A  motor  vehicle  glass  repair  facility  shall
    17  provide  to [consumers] the consumer an itemized description of the work
    18  to be done on the motor vehicle.
    19    (b) A motor vehicle glass repair facility shall  not  represent  to  a
    20  consumer that the cost of a repair, replacement or calibration or recal-
    21  ibration  shall  be paid for entirely by the [consumer's] an insurer and
    22  at no cost to the consumer unless the cost of the  repair,  replacement,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09393-06-6

        A. 9461                             2
 
     1  calibration  or  recalibration  is  fully  covered  as  provided by [the
     2  consumer's] an applicable insurance policy.
     3    (c)  [A]  For  replacements,  repairs, calibrations and recalibrations
     4  being paid for through insurance coverage, a motor vehicle glass  repair
     5  facility shall not contract with a person for a repair or replacement of
     6  damaged  safety  glass  or  motor  vehicle glass until the motor vehicle
     7  glass repair [shop] facility has received a claim or referral number, if
     8  applicable, for insurance covered damage.
     9    (d) Prior to finalizing a contract for repair with a  consumer  for  a
    10  repair  or  replacement  of damaged motor vehicle glass, a motor vehicle
    11  glass repair facility shall notify such consumer:
    12    (i) whether such motor  vehicle  has  an  advanced  driver  assistance
    13  system;
    14    (ii)  whether  the calibration or recalibration of the motor vehicle's
    15  advanced driver assistance system is required to:
    16    (1) make the advanced driver assistance system operable; and
    17    (2) ensure that the repair or replacement  of  damaged  motor  vehicle
    18  glass  is  performed  in  a manner that meets the vehicle manufacturer's
    19  specifications;
    20    (iii) whether the motor vehicle glass repair facility can calibrate or
    21  recalibrate the advanced driver assistance system in a manner that meets
    22  the motor vehicle's manufacturers specifications; and
    23    (iv) if the motor vehicle glass repair  facility  is  not  capable  of
    24  performing  a  calibration or recalibration as referenced in subdivision
    25  three of this section, that the motor vehicle should  be  taken  to  the
    26  vehicle's  manufacturer  certified  dealership or a qualified specialist
    27  capable of performing the calibration or recalibration  that  meets  the
    28  vehicle's manufacturer specifications.
    29    (e) An insurer shall not mandate or require motor vehicle glass repair
    30  facilities  to install replacement motor vehicle glass that is not capa-
    31  ble of being calibrated or recalibrated to  the  vehicle's  manufacturer
    32  specifications.
    33    4. Unsuccessful recalibration. If a recalibration was not performed or
    34  not  completed  successfully,  the  motor  vehicle glass repair facility
    35  shall inform the consumer and [the consumer's] insurer electronically or
    36  in writing  that  the  recalibration  was  not  successful  or  was  not
    37  performed  and  that  the  motor vehicle should be taken to a franchised
    38  motor vehicle dealer or a motor vehicle glass repair facility capable of
    39  performing the  calibration  or  recalibration  of  an  advanced  driver
    40  assistance system that meets the motor vehicle manufacturer's specifica-
    41  tions.  Motor  vehicle  glass  repair  facilities  shall  not charge the
    42  consumer or insurer for the  costs  associated  with  such  unsuccessful
    43  recalibrations.
    44    5.  Recalibration  requirements. A motor vehicle glass repair facility
    45  that conducts a calibration, recalibration or  replacement  on  a  motor
    46  vehicle equipped with an advanced driver assistance system shall:
    47    (a)  [shall] recalibrate the advanced driver assistance system to meet
    48  such motor vehicle's manufacturer specifications; and
    49    (b) is not limited to safety glass  or  motor  vehicle  glass,  tools,
    50  equipment,  or  repair  procedures  dictated or recommended by the motor
    51  vehicle manufacturer to meet such motor vehicle's manufacturer  specifi-
    52  cations.
    53    7.  Assignment of benefits. (a) No motor vehicle glass repair facility
    54  shall include an assignment of benefits provision for [a consumer's]  an
    55  insurance  policy  in  any agreement with [such] a consumer or require a

        A. 9461                             3

     1  consumer to sign an assignment of benefits agreement as a  condition  of
     2  repairing or replacing damaged motor vehicle glass.
     3    (b)  Any  contract  entered  in violation of this subdivision shall be
     4  void and unenforceable.
     5    (c) Nothing in this subdivision  shall  be  construed  to  prohibit  a
     6  consumer  from  authorizing  or directing payment to, or paying, a motor
     7  vehicle glass repair facility for repair or replacement of damaged motor
     8  vehicle glass covered under an insurance policy.
     9    9. [Penalties. A motor vehicle glass repair facility that violates the
    10  provisions of this section shall be liable for a penalty of two thousand
    11  five hundred dollars per occurrence]  Violations.    Violations  of  the
    12  provisions  of  this  section  shall result in a written warning for the
    13  first violation, a civil penalty of not more than five  hundred  dollars
    14  for the second violation, and a civil penalty of not more than two thou-
    15  sand dollars for each succeeding violation.
    16    10.  Application. Nothing in this section shall be construed to exempt
    17  any motor vehicle glass repair shop that performs safety glass or  motor
    18  vehicle glass repair or replacement, or recalibration on a motor vehicle
    19  equipped  with an advanced driver assistance system, from complying with
    20  all applicable provisions of article twelve-A of the vehicle and traffic
    21  law and any rules or regulations promulgated thereunder.
    22    § 2. Section 2 of a chapter of the laws of 2025 amending  the  general
    23  business  law  relating  to  establishing standards for glass repair and
    24  calibration of advanced driver assistance systems, as proposed in legis-
    25  lative bills numbers S. 4879-B and A. 6943-B,  is  amended  to  read  as
    26  follows:
    27    §  2.  This  act  shall  take  effect [immediately] on the one hundred
    28  eightieth day after it shall have become a law.
    29    § 3. This act shall take effect immediately; provided,  however,  that
    30  section  one  of  this act shall take effect on the same date and in the
    31  same manner as a chapter of the laws of 2025 amending the general  busi-
    32  ness  law  relating to establishing standards for glass repair and cali-
    33  bration of advanced driver assistance systems, as proposed  in  legisla-
    34  tive bills numbers S. 4879-B and A. 6943-B, takes effect.
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