HOUSE DOCKET, NO. 1357        FILED ON: 1/18/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 506

The Commonwealth of Massachusetts

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PRESENTED BY:

Tackey Chan

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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 relative to the Auto Damage Appraisers Licensing Board in the Division of Insurance.

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PETITION OF:

HOUSE DOCKET, NO. 1357        FILED ON: 1/18/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 506

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act relative to the Auto Damage Appraisers Licensing Board in the Division of Insurance.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 8G of chapter 26 of the General Laws is hereby amended by striking out the first and second paragraphs and inserting in place thereof the following two paragraphs:-

There shall be in the division of insurance an auto damage appraiser licensing board, hereinafter called the board, consisting of four persons to be appointed by the governor, two of whom shall be affiliated with the auto body repair industry, and 2 of whom shall be employees of insurance companies writing automobile insurance within the commonwealth, and one person to be appointed by the commissioner of insurance from the staff of the division of insurance who shall be the chair of the board.  Board members shall be appointed for terms of three years, and no member shall serve for more than two consecutive and complete three-year terms; provided, however, that the chair shall not be subject to the limits herein for other board members as to the length and number of tenns.  As the term of the office of a member expires, a successor shall be appointed in like manner for a term of three years. A vacancy on the board shall be filled within sixty days from the date of the vacancy.

The division of insurance may expend for expenses and for such legal, investigative, clerical and other assistance such sums as may be appropriated therefor, provided, however, that all costs of administration and operation of said board shall be borne from licensing fees from motor vehicle damage appraisers.

Without limiting any power conferred upon the commissioner by this section or by any other general or special law, the commissioner shall have authority to approve or to disapprove or to rescind in part or in full any act, rule, regulation, or policy proposed or implemented by the board on determining that the act, rule, regulation, or policy may restrain competition or potential competition in trade or commerce. Any approval or disapproval or rescission under this section shall be made in writing and shall set forth the particular reasons supporting the commissioner's determination. The commissioner may, when necessary, assign his duties under this section to a designee approved by the secretary of housing and economic development.

SECTION 2. Said section 8G of said chapter 26, as so appearing, is hereby further amended by striking out the fifteenth paragraph and inserting in place thereof the following paragraph:-

A roster showing the names and last known places of business of all licensed appraisers shall be maintained by the board. Copies of such roster shall be furnished to the public on request.

SECTION 3. Upon the effective date of this act, the appointments of the current members of the auto damage appraiser licensing board shall terminate.

SECTION 4. This act shall take effect on passage.