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2007 SESSION
070174380Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 38.2-515.1 as follows:
§ 38.2-515.1. Commission to conduct survey of operators of motor vehicle repair facilities; report.
A. The Commission shall conduct, each calendar quarter, a survey of such number of operators of any automobile repair facility, as defined in § 59.1-207.2, in the Commonwealth that in the regular course of its business performs body repair work, including painting, on damaged motor vehicles as the Commission deems is sufficient to constitute a statistically valid sampling of such operators. The surveys shall be conducted to determine:
1. The hourly labor rates charged by operators of such automobile repair facilities for body repair work, includng but not limited to repainting; and
2. The difference, if any, between the amount paid by the operators for new and used parts acquired for repairs and the amount charged to customers for those parts.
B. The Commission shall compile the information obtained by the survey in a written report. The report shall set forth information, including median and average rates for such services, in the aggregate and for each of the nine Virginia Department of Transportation Regional Districts; however, the reports shall not identify the rates charged by any specific automobile repair facility.
C. The Commission shall make copies of its reports available to the public, upon request, and shall provide access to copies of the reports through an Internet website maintained by the Commission's Bureau of Insurance.
D. Participation in the surveys by operators of any automobile repair facility shall be voluntary. The Commission shall not be liable for the accuracy of information provided to it by operators of any automobile repair facility.
E. The Commission shall not disclose the identity of any respondents to the survey. Information collected by the Commission shall be used solely for the purpose of compiling the statistical information required under this section and any information identifying a respondent or its rates that is collected under this section shall be confidential and shall be exempt from disclosure under the Freedom of Information Act (§ 2.2-3700 et seq.).
F. No person shall be required to pay rates for body repair work based on the results of the information provided by operators of any automobile repair facility and compiled by the Commission in the reports.