SB 397 - 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 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 employees have completed current National Institute for Automotive Service Excellence (ASE) for the type of work being performed, possess or have access to proper equipment, possess an enclosed area for spray painting refinish operations, and possess an acceptable current reference source for estimating the cost of repairs. To renew their license the facility must prove completion of continuing education. Facilities may apply for 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. Temporary paintless dent repair businesses are required to pay licensing fees and comply with other requirements. A vehicle owner who signs a repair order with a auto body repair facility will be deemed to have a contract with that facility. The facility will be entitled to recover the cost and expenses from the vehicle owner if the owner cancels the contract before the repair work is complete. Costs are payable before the vehicle is removed from the facility's premises. The board is authorized to file complaints with the Administrative Hearing Commission for specific violations and to 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, comply with continuing education requirements, pay a licensing fee, and provide evidence that any entity on whose behalf they prepare or alter estimates is licensed as a corporation in Missouri. 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 to 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 that are questioned by an insurer are only subject to audit by the same appraisal system. A physical inspection of the vehicle is required when the extent of damage is in dispute. The retail labor rates of auto body repair facilities must be used to determine any prevailing labor rate. Physical damage appraisers, insurers, and other individuals are prohibited from engaging in certain behavior with regard to motor vehicles with damage. All estimates for physical damage claims written on behalf of an insurer must include a notice that vehicle owners have the right to choose the repair facility of their choice and that no one shall use intimidation to change the owner's choice. This act is similar to SB 400 (2009) and HB 834 (2009). EMILY KALMER