SB 400 Licenses auto body repair facilities and physical damage appraisers
Sponsor: Dempsey
LR Number: 1757S.01I Fiscal Note:
Committee: Financial and Governmental Organizations and Elections
Last Action: 2/25/2009 - Second Read and Referred S Financial and Governmental Organizations and Elections Committee Journal Page: S401
Title: Calendar Position:
Effective Date: August 28, 2009

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Current Bill Summary


SB 400 - This act creates the Board of Auto Body Repair and sets out the requirements for membership on the board. This board would license auto body repair facilities, excluding those who specialize in certain auto body repair services, and license physical damage appraisers.

AUTO BODY REPAIR FACILITIES

As requirements for licensing, auto body repair facilities must submit an application to the board, pay a licensing fee of $250 annually, have all required state and federal licenses, permits, and registrations, provide proof of insurance, provide proof of compliance with EPA and OSHA training requirements, provide proof that at least one employee or eighty percent of the employees performing repairs, whichever is greater, have completed ASE certification, possess proper equipment, possess specified equipment for spray painting refinish operations, and possess an acceptable current reference source for estimating the cost of repairs. For license renewal, at least one employee or eighty percent of the employees performing repairs, whichever is greater, must also complete eight hours of approved continuing education each year.

Facilities may obtain temporary licenses for up to ninety days to have time to come into compliance with licensing requirements. Facilities that have operated for a certain time period can obtain a provisional license to allow them one calendar year to meet these requirements, except the continuing education requirements must be commenced within ninety days. Facilities must post their license and their retail labor rates.

The board is authorized to file complaints with the Administrative Hearing Commission for specific violations and discipline the facility license. The board may also seek an injunction against anyone who operates an auto body facility without a license. Among other powers, the board has the power to inspect the facility, issue rules and regulations to administer this act, investigate complaints, and impose civil penalties.

AUTO BODY PHYSICAL DAMAGE APPRAISERS

Among other requirements, to be licensed as a physical damage appraiser an individual must submit an application, have certification from the National Institute for Automotive Service Excellence in Damage Analysis and Estimating, pay a licensing fee, and provide evidence that any entity attempting to alter an estimate is licensed as a corporation in Missouri. For license renewal, the appraiser must also comply with continuing education requirements.

Applicants who have been employed as appraisers for a certain time period can obtain a provisional license. Appraisers licensed in other states shall have their license recognized in Missouri in the case of catastrophic losses, after submitting information as required by the board and paying a temporary permit fee.

The board is authorized to file complaints with the Administrative Hearing Commission for specific violations and discipline the appraiser's license. Among other powers, the board has the power to issue rules and regulations to administer this act, impose civil penalties, and seek injunctions.

Estimates of damage must be prepared using accepted manuals or systems. Estimates prepared by a facility with a certain appraisal system are only subject to audit by the same system. A physical inspection of the vehicle is required when then the extent of damages is in dispute.

This act is similar to SB 397 (2009) and HB 834 (2009).

EMILY KALMER