1 of 1 HOUSE DOCKET, NO. 3879 FILED ON: 1/20/2023 HOUSE . . . . . . . . . . . . . . . No. 950 The Commonwealth of Massachusetts _________________ PRESENTED BY: Antonio F. D. Cabral _________________ To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General Court assembled: The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: An Act reforming labor rates paid by insurance companies to auto repairers in the Commonwealth. _______________ PETITION OF: NAME:DISTRICT/ADDRESS :DATE ADDED:Antonio F. D. Cabral13th Bristol1/20/2023Alan Silvia7th Bristol1/26/2023Christopher Hendricks11th Bristol1/26/2023Paul A. Schmid, III8th Bristol2/1/2023Vanna Howard17th Middlesex2/1/2023Jacob R. OliveiraHampden, Hampshire and Worcester3/3/2023 1 of 3 HOUSE DOCKET, NO. 3879 FILED ON: 1/20/2023 HOUSE . . . . . . . . . . . . . . . No. 950 By Representative Cabral of New Bedford, a petition (accompanied by bill, House, No. 950) of Antonio F. D. Cabral and others relative to auto body labor rates. Financial Services. The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Third General Court (2023-2024) _______________ An Act reforming labor rates paid by insurance companies to auto repairers in the Commonwealth. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: 1 SECTION 1. Chapter 100A of the General Laws, as appearing in the 2020 Official 2Edition, is hereby amended by inserting after section 14 the following section: 3 Section 15. There shall be, within the division of insurance, an auto body labor rate 4advisory board to address any issues related to auto body labor rates. The advisory board shall 5consist of: 1 member appointed by the commissioner of insurance; 3 members appointed by the 6attorney general: 2 of whom shall be members from the auto repair industry from different 7geographic regions of the commonwealth appointed by the Alliance of Automotive Service 8Providers of Massachusetts, Inc., 1 of whom shall serve as co-chair; 1 member appointed by the 9director of the division of standards; 3 members from the auto insurance industry appointed by 10the Automobile Insurers Bureau of Massachusetts, 1 of whom shall serve as co-chair; 1 member 11appointed by the Massachusetts State Automobile Dealers Association, Inc; and 4 members 12appointed by the Governor, 1 of whom shall be from 77 of 113 vocational-technical schools, 2 of 2 of 3 13whom shall be from a consumer advocacy group and 1 of whom shall be an economist with 14expertise on the insurance industry. The members of the board shall be appointed for a term of 4 15years. The advisory board shall meet not less than 2 times in a year. The advisory board shall be 16responsible for creating, implementing, and overseeing a biennial survey. The survey should 17compile data pertaining to contracted hourly labor rates, posted hourly labor rates and prevailing 18hourly labor rates and any additional information the advisory board deems relevant. The 19advisory board shall collect industry data including, but not limited to: (i) labor rates in 20neighboring states, including Connecticut, New York, New Hampshire, Rhode Island and 21Vermont; (ii) auto body shop costs; (iii) total labor costs; (iv) inflation data; (v) work force data; 22(vi) vocational school trends; (vii) insurance premiums; and (viii) any additional information 23deemed necessary by the advisory board. The results of the survey and the data collected shall be 24reviewed and analyzed by the advisory board biennially and the board shall make a 25recommendation for a fair and equitable labor rate. Biennially, not later than December 31, the 26advisory board shall file a report of its findings, conclusions, and any recommendations with the 27commissioner of the division of insurance, the attorney general’s office, clerks of the senate and 28house of representatives, the joint committee on financial services, and the senate and house 29committees on ways and means. 30 Section 16. Not later an 30 days after receiving the biennial report from the auto body 31labor rate advisory board under section 15, the commissioner of insurance shall set a minimum 32hourly labor rate that insurers shall pay on insured claims for repairs made by registered motor 33vehicle repair shops; provided, however, that the minimum hourly labor rate shall not be less 34than $55. The minimum hourly labor rate shall go into effect 30 days after it is set by the 35commissioner. 3 of 3 36 SECTION 2. Section 113B of chapter 175 of the General Laws, as so appearing, is 37hereby amended by inserting, after the word “commissioner” in line 14, the following: - 38 “; provided, however, that collision repair hourly labor rates, set pursuant to section 15 of 39chapter 100A, shall not be included when considering programs to control costs and expenses 40under this section or section 113H.”. 41