HB 664-FN - FINAL VERSION
19Mar2019... 0904h
06/06/2019 2455s
27Jun2019... 2636-EBA
2019 SESSION
19-0853
01/06
HOUSE BILL 664-FN
AN ACT relative to vehicle repair standards.
SPONSORS: Rep. Williams, Hills. 4; Rep. McBeath, Rock. 26; Rep. Goley, Hills. 8; Rep. Green, Rock. 13; Rep. Packard, Rock. 5; Sen. Bradley, Dist 3; Sen. Birdsell, Dist 19; Sen. Watters, Dist 4
COMMITTEE: Commerce and Consumer Affairs
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AMENDED ANALYSIS
This bill makes it an unfair insurance practice for an insurance company, agent, or adjuster to knowingly fail to pay a claim to the claimant or repairer to the extent the claimant's vehicle is repaired in conformance with applicable manufacturer's procedures.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
19Mar2019... 0904h
06/06/2019 2455s
27Jun2019... 2636-EBA 19-0853
01/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT relative to vehicle repair standards.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Unfair Insurance Practices; Vehicle Repair Standards. Amend RSA 417:4 by inserting after paragraph XXIII the following new paragraph:
XXIV. Vehicle Repair Standards. No insurance company, agent, or adjuster shall knowingly fail to pay a claim to the claimant or repairer to the extent the claimant’s vehicle is repaired in conformance with applicable manufacturer's procedures. Notwithstanding any statements or recommendations contained in the manufacturer's procedures relative to the use of parts, governance of the use of any and all parts, in the course of an insurer-funded repair shall be solely dictated by RSA 407-D:3-a and not by a manufacturer's recommendations or procedures.
(a) If the vehicle is equipped with an advanced driver assistance system, an automotive glass company, repair facility, or insurer informing, approving, or conducting glass repair or replacement shall:
(1) Prior to approving or performing glass repair or replacement, inform the consumer if a calibration of that system is required and if such calibration will be performed;
(2) If performing such calibration, meet or exceed the manufacturer's procedures or specifications; and
(3) If a calibration was not performed or not completed successfully, inform the consumer that the vehicle should be taken to a vehicle manufacturer’s certified dealership, a qualified automobile glass company, repair facility, or other qualified repairer capable of performing the calibration of an advanced driver assistance system that meets or exceeds the manufacturer's procedures or specifications.
(b) If the vehicle is equipped with an advanced driver assistance system, an automotive glass company, repair facility, or insurer informing, approving, or conducting a scan or calibration for motor vehicle repairs or replacement:
(1) Shall not be limited to tooling or equipment dictated or recommended by the manufacturer's procedures or specifications.
(2) Shall calibrate an advanced driver assistance system meeting or exceeding the manufacturer's procedures or specifications.
(c) If a repairer does not accept a paint and materials estimate proposed by an insurer, the insurer shall reimburse the repairer based on any third-party guidelines generally accepted by automobile repair shops and insurers, and used by the repairer.
(d) In this paragraph, “manufacturer's procedures” means a manufacturer's written procedures, specifications, tolerances, and other technical requirements or instructions with respect to repairs.
2 Effective Date. This act shall take effect 60 days after its passage.
VETOED August 15, 2019
19-0853
Amended 6/12/19
HB 664-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2019-2455s)
AN ACT relative to vehicle repair standards.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ ] General [ ] Education [ ] Highway [ X ] Other - Assessment on insurance companies | |||
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METHODOLOGY:
This bill makes it an unfair insurance practice for an insurance company, agent, or adjuster to knowingly fail to pay a claim to the claimant or repairer to the extent the claimant's vehicle is repaired in conformance with applicable manufacturers procedures. The bill also requires insurers to reimburse repairers for paint materials in accordance with non-specific third party recommended procedures.
The Insurance Department indicates this bill could lead to an increase in complaints to the Department's Consumer Services Division from repair facilities questioning insurers adherence to the statute. The Department is unable to predict the volume of additional queries and complaints, but believes it could be large enough to require an additional staff position.
AGENCIES CONTACTED:
Insurance Department
| Date | Body | Type |
|---|---|---|
| Jan. 29, 2019 | House | Hearing |
| Feb. 6, 2019 | House | Exec Session |
| March 8, 2019 | House | Exec Session |
| March 8, 2019 | House | Exec Session |
| House | Floor Vote | |
| March 19, 2019 | House | Floor Vote |
| April 23, 2019 | Senate | Hearing |
| May 23, 2019 | Senate | Floor Vote |
| May 30, 2019 | Senate | Floor Vote |
| May 30, 2019 | Senate | Floor Vote |
Sept. 18, 2019: Veto Sustained 09/18/2019: RC 241-132 Lacking Necessary Two-Thirds Vote HJ 21 P. 52
Aug. 15, 2019: Vetoed by Governor Sununu 08/15/2019
June 27, 2019: Enrolled 06/27/2019 HJ 20 P. 59
June 27, 2019: Enrolled (In recess 06/27/2019); SJ 21
June 27, 2019: Enrolled Bill Amendment # 2019-2636e: AA VV 06/27/2019 HJ 20 P. 55
June 27, 2019: Enrolled Bill Amendment # 2019-2636e Adopted, VV, (In recess of 06/27/2019); SJ 21
June 13, 2019: House Concurs with Senate Amendment 2455s (Rep. Butler): MA VV 06/13/2019 HJ 19 P. 2
June 6, 2019: Ought to Pass with Amendment 2019-2455s, MA, VV; OT3rdg; 06/06/2019; SJ 19
June 6, 2019: Sen. Cavanaugh Floor Amendment # 2019-2455s, AA, VV; 06/06/2019; SJ 19
June 6, 2019: Sen. Cavanaugh Moved Ought to Pass; 06/06/2019; SJ 19
June 6, 2019: Rereferred to Committee, MF, VV; 06/06/2019; SJ 19
June 6, 2019: Committee Report: Rereferred to Committee, 06/06/2019; SC 25
May 30, 2019: Special Order to the next session, Without Objection, MA; 05/30/2019; SJ 18
May 30, 2019: Special Order to the end of the calendar, Without Objection, MA; 05/30/2019; SJ 18
May 30, 2019: Committee Report: Rereferred to Committee, 05/30/2019; SC 24
May 23, 2019: Special Order to the next session, Without Objection, MA; 05/23/2019; SJ 17
May 23, 2019: Committee Report: Rereferred to Committee, 05/23/2019; SC 23
April 23, 2019: Hearing: 04/23/2019, Room 100, SH, 01:00 pm; SC 19
March 28, 2019: Introduced 03/28/2019 and Referred to Commerce; SJ 12
March 19, 2019: Ought to Pass with Amendment 2019-0904h: MA DV 242-105 03/19/2019 HJ 10 P. 74
March 19, 2019: Amendment # 2019-0904h: AA RC 247-101 03/19/2019 HJ 10 P. 74
: Minority Committee Report: Inexpedient to Legislate
March 19, 2019: Majority Committee Report: Ought to Pass with Amendment # 2019-0904h for 03/19/2019 (Vote 16-4; RC) HC 16 P. 21
: Majority Committee Report: Ought to Pass with Amendment # 2019-0904h (Vote 16-4; RC)
March 8, 2019: ==CONTINUED== Executive Session: 03/08/2019 01:30 pm LOB 302-304
March 8, 2019: Subcommittee Work Session: 03/08/2019 09:00 am LOB 302-304
March 6, 2019: Subcommittee Work Session: 03/06/2019 08:30 am LOB 302
Feb. 6, 2019: ==RECESSED== Executive Session: 02/06/2019 02:00 pm LOB 302
Feb. 6, 2019: Subcommittee Work Session: 02/06/2019 09:30 am LOB 302
Jan. 29, 2019: Public Hearing: 01/29/2019 02:30 pm LOB 302
Jan. 3, 2019: Introduced 01/03/2019 and referred to Commerce and Consumer Affairs HJ 3 P. 24