08-R381

2008 -- H 8329 SUBSTITUTE A

Enacted 07/05/08

J O I N T R E S O L U T I O N

CREATING A SPECIAL LEGISLATIVE COMMISSION TO STUDY AND DEVELOP A STRATEGY FOR IMPROVING THE REGULATION OF AUTO BODY SHOPS BY MOVING IT FROM THE DEPARTMENT OF BUSINESS REGULATION

Introduced By: Representatives Corvese, and Long

Date Introduced: May 29, 2008

WHEREAS, The Department of Business Regulation has regulated insurance companies

since 1939; and

WHEREAS, The Department of Business Regulation has regulated auto body repair

facilities since 1974; and

WHEREAS, The State of Rhode Island collected $133,650 in license fees from the auto

body repair industry in 2007; and

WHEREAS, The State of Rhode Island collected $3,238,552 in license and other fees

from the insurance industry in 2007; and

WHEREAS, The business relationship between auto body repair shops and the insurance

industry is contentious at times, with disputes between the two industries requiring regulatory

attention and resources of the Department of Business Regulation staff; now, therefore be it

RESOLVED, That a special legislative commission to be known as the “Collision Repair

Industry Licensing and Regulatory Task Force” be and the same is hereby created consisting of

fifteen (15) members: three (3) of whom shall be members of the House of Representatives, not

more than two (2) from the same political party, to be appointed by the Speaker of the House;

three (3) of whom shall be members of the Senate, not more than two (2) from the same political

party, to be appointed by the President of the Senate; one of whom shall be the Chairperson of the

Auto Collision Repair Licensing Advisory Board, or designee; one of whom shall be the Attorney

General for the State of Rhode Island, or designee; one of whom shall be the Director of the

Department of Labor and Training, or designee; one of whom shall be the Administrator of the

Division of Motor Vehicles, or designee; one of whom shall be the Director of the Department of

Business Regulation, or designee; one of whom shall be the a representative of a direct repair

facility; one of whom shall be the President of the Auto Body Association of Rhode Island, or

designee; and two (2) of whom shall be citizens of Rhode Island, one of whom shall be appointed

by the Speaker of the House, and one of whom shall be appointed by the President of the Senate.

In lieu of any appointment of a member of the legislature to a permanent advisory

commission, a legislative study commission, or any commission created by a General Assembly

resolution, the appointing authority may appoint a member of the general public to serve in lieu

of a legislator, provided that the majority leader or the minority leader of the political party which

is entitled to the appointment consent to the member of the general public.

The purpose of said commission shall be to make a comprehensive study, and develop a

strategy for moving the regulatory function over auto body shops from the Department of

Business Regulation to a different realm of government and in the process, to affect an efficient

and effective regulatory plan for the collision repair industry.

The study shall include, but not be limited to:

(a) Investigating most appropriate regulatory forum;

(b) Developing the timing and manner of transfer of functions to the new regulatory

home;

(d) Researching and identifying which employees would be transferred to

different department;

(e) Determining ways to promote standards and regulatory systems that are

compatible with public protection and safety; and

(f) Defining the manner and cost of implementing transfer of this regulatory

function.

Forthwith upon passage of this resolution, the members of the commission shall meet at

the call of the Speaker of the House and organize and shall select a chairperson from among the

legislators. Vacancies in said commission shall be filled in like manner as the original

appointment.

The membership of said commission shall receive no compensation for their services.

All departments and agencies of the state, shall furnish such advice and information,

documentary and otherwise, to said commission and its agents as is deemed necessary or

desirable by the commission to facilitate the purposes of this resolution.

The Joint Committee on Legislative Services is hereby authorized and directed to provide

suitable quarters for said commission; and be it further

RESOLVED, That the commission shall report its findings and recommendations to the

General Assembly no later than March 5, 2009, and said commission shall expire on May 5,

2009.

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LC02987/SUB A

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