Chapter 298
2012 -- H 7692
Enacted 06/20/12
A N A C T
RELATING TO
BUSINESSES AND PROFESSIONS - AUTOMOBILE BODY REPAIR
SHOPS
Introduced By: Representative Arthur J. Corvese
Date Introduced: February 16, 2012
It is enacted by the
General Assembly as follows:
SECTION 1. Section 5-38-28 of the General Laws in Chapter
5-38 entitled "Automobile
Body Repair Shops" is
hereby amended to read as follows:
5-38-28.
Repair certification form. -- Repair
certification. --The director of the
department of business regulation is authorized to create a work
completion certification form
which is automobile
body repair shop shall include in the documentation of each repair, a repair
bill executed by an insured and the automobile body
repairer repair shop and which shall certify
certifying under the penalties of perjury, the repairs to a
particular vehicle that have actually been
made.
SECTION 2. Section 27-10.1-9 of the General Laws in Chapter
27-10.1 entitled "Motor
Vehicle Damage
Appraisers" is hereby amended to read as follows:
27-10.1-9.
Re-inspection of collision damage. -- (a) The director of the department of
business regulation is authorized and empowered to promulgate
rules and regulations which
require allow re-inspection of ten percent (10%) of
all automobile insurance carrier claims after
collision damage is repaired. The required percentage shall be
reviewed by the department of
business regulation on an annual basis.
(b) All automobile
repair facilities shall, upon reasonable request by the insurer or
consumer, present proof of authenticity through invoices
and/or receipts for all new and used
collision repair parts excluding price of the part or parts to
correlate with the work completed
form. Insurance carriers shall obtain from auto body
repair facilities proof of purchase of the new
or used collision repair parts, either by authenticated
invoices and/or receipts excluding price.
(c) Each insurance
carrier or its agents assigned to or conducting a re-inspection shall be
a licensed motor vehicle physical damage appraiser, and
shall conduct the inspection in a
professional manner consistent with training required to obtain
DBR certification or licensing. If
body shop testing equipment is required, a fee to be set
by the director of the department of
business regulation will be paid by the insurance carrier to
the body shop.
SECTION 3. Chapter 27-10.1 of the General Laws entitled
"Motor Vehicle Damage
Appraisers" is hereby amended
by adding thereto the following section:
27-10.1-1.1.
Emergency licenses. -- (a) Notwithstanding
any of the provisions of this
chapter, the commissioner may permit an experienced motor
vehicle appraiser to act as a motor
vehicle physical damage appraiser in this state without a
(1) The appraiser is
either a licensed appraiser in another state which requires a license or
regularly appraises motor vehicle damage in another state where
such licensing is not required
and works for an insurance company authorized to do
business in
(2) He or she is
engaged in emergency insurance appraisal work during the period of
emergency only, as determined by the commissioner.
(b) The experienced
appraiser may work in this state either for an employer who is an
appraiser licensed by this state, or for a regular employer of
one or more appraisers licensed by
this state, or for an insurance company authorized to do
business in this state; provided, that the
employer or insurer shall furnish to the commissioner a
notice, in writing or electronically,
promptly after the beginning of any emergency insurance
appraisal work. The appraiser may
appraise claims within or outside the state. Emergency
licenses permitted under this section shall
not exceed one hundred twenty (120) days, unless extended
by the commissioner.
(c) As used in this
section, “emergency insurance appraisal work” means and includes,
but is not limited to, appraisal of motor vehicle damage
during the term of an emergency license
following an event or catastrophe, as determined by the
commissioner, based on consumer need
or demand, or a state of disaster declared by the
governor of the state of
president of the
SECTION 4. This act shall take effect upon passage.
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LC01697
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