2012 -- S 2667

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LC01929

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO BUSINESSES AND PROFESSIONS - AUTOMOBILE BODY REPAIR

SHOPS

     Introduced By: Senator Maryellen Goodwin

     Date Introduced: March 01, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 5-38-28 of the General Laws in Chapter 5-38 entitled "Automobile

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Body Repair Shops" is hereby amended to read as follows:

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     5-38-28. Repair certification form. -- Repair certification. --The director of the

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department of business regulation is authorized to create a work completion certification form

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which is automobile body repair shop shall include in the documentation of each repair, a repair

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bill executed by an insured and the automobile body repairer repair shop and which shall certify

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certifying under the penalties of perjury, the repairs to a particular vehicle that have actually been

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made.

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     SECTION 2. Section 27-10.1-9 of the General Laws in Chapter 27-10.1 entitled "Motor

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Vehicle Damage Appraisers" is hereby amended to read as follows:

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     27-10.1-9. Re-inspection of collision damage. -- (a) The director of the department of

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business regulation is authorized and empowered to promulgate rules and regulations which

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require allow re-inspection of ten percent (10%) of all automobile insurance carrier claims after

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collision damage is repaired. The required percentage shall be reviewed by the department of

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business regulation on an annual basis.

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      (b) All automobile repair facilities shall, upon reasonable request by the insurer or

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consumer, present proof of authenticity through invoices and/or receipts for all new and used

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collision repair parts excluding price of the part or parts to correlate with the work completed

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form. Insurance carriers shall obtain from auto body repair facilities proof of purchase of the new

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or used collision repair parts, either by authenticated invoices and/or receipts excluding price.

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      (c) Each insurance carrier or its agents assigned to or conducting a re-inspection shall be

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a licensed motor vehicle physical damage appraiser, and shall conduct the inspection in a

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professional manner consistent with training required to obtain DBR certification or licensing. If

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body shop testing equipment is required, a fee to be set by the director of the department of

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business regulation will be paid by the insurance carrier to the body shop.

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     SECTION 3. Chapter 27-10.1 of the General Laws entitled "Motor Vehicle Damage

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Appraisers" is hereby amended by adding thereto the following section:

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     27-10.1-1.1. Emergency licenses. -- (a) Notwithstanding any of the provisions of this

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chapter, the commissioner may permit an experienced motor vehicle appraiser to act as a motor

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vehicle physical damage appraiser in this state without a Rhode Island license if:

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     (1) The appraiser is either a licensed appraiser in another state which requires a license or

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regularly appraises motor vehicle damage in another state where such licensing is not required

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and works for an insurance company authorized to do business in Rhode Island; and

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     (2) He or she is engaged in emergency insurance appraisal work during the period of

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emergency only, as determined by the commissioner.

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     (b) The experienced appraiser may work in this state either for an employer who is an

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appraiser licensed by this state, or for a regular employer of one or more appraisers licensed by

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this state, or for an insurance company authorized to do business in this state; provided, that the

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employer or insurer shall furnish to the commissioner a notice, in writing or electronically,

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promptly after the beginning of any emergency insurance appraisal work. The appraiser may

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appraise claims within or outside the state. Emergency licenses permitted under this section shall

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not exceed one hundred twenty (120) days, unless extended by the commissioner.

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     (c) As used in this section, “emergency insurance appraisal work” means and includes,

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but is not limited to, appraisal of motor vehicle damage during the term of an emergency license

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following an event or catastrophe, as determined by the commissioner, based on consumer need

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or demand, or a state of disaster declared by the governor of the state of Rhode Island or by the

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president of the United States under applicable federal law.

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     SECTION 4. This act shall take effect upon passage.

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LC01929

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO BUSINESSES AND PROFESSIONS - AUTOMOBILE BODY REPAIR

SHOPS

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     This act would eliminate the requirement of the “work completed form” with respect to

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automobile repairs and replace it with requirements of documentation of repairs by the

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automobile body repair shop. This act would also permit out-of-state experienced motor vehicle

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damage appraisers to work in Rhode Island on a temporary basis during emergencies.

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     This act would take effect upon passage.

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LC01929

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