Bill
H 4019
Massachusetts bill sets a fair warranty labor rate for auto dealers, via either retail time allowances or an audited dealer-average rate, with manufacturers bearing dispute burden.
Note: The materials supplied include two different items that share the identifier H.4019 in different jurisdictions. One is a Massachusetts bill (filed by Rep. Shirley B. Arriaga) that would amend state consumer/franchise law concerning warranty labor compensation. The other is a South Carolina House resolution expressing sympathy on the death of Alvin Burton “Buck” Roberts. Both are summarized below.
Sponsor: Rep. Shirley B. Arriaga (8th Hampden)
Filed: January 10, 2025 (House Docket No. 614)
Committee referral: Labor and Workforce Development (referred April 10, 2025)
Purpose
- To define and strengthen the methods by which automobile dealers can establish a “fair and reasonable” retail labor rate for warranty service labor under G.L. c.93B §9(b).
Key provisions
- Amends paragraph (2) of subsection (b) of G.L. c.93B §9 to replace the existing clause (ii) with two alternative ways for a dealer to establish its retail labor rate:
- (A) Use reasonable labor time allowances defined by the dealer’s retail labor time guide that the dealer reasonably uses for nonwarranty, customer‑paid service orders; or
- (B) Submit to the manufacturer/distributor either 100 sequential nonwarranty, customer‑paid service repair orders or 60 consecutive days of such orders (whichever is less), all dated within 180 days before submission, and calculate an average labor rate by dividing total labor sales by total labor hours from those orders.
- The declared labor time allowance rate or average labor rate is presumed “fair and reasonable.”
- If a dealer uses the average labor rate method, that rate takes effect 30 days after declaration, subject to the franchisor’s audit of the submitted repair orders and opportunity to rebut.
- If rebutted, the manufacturer/distributor must propose an adjusted rate within 30 days of submission. If the dealer disagrees, the dealer may file a court action within 30 days of receiving the proposal.
- In any such court action, the manufacturer/distributor bears the burden of proving the dealer’s declared rate was inaccurate or unreasonable.
- Adds a definition in paragraph (3) that “fair and reasonable compensation” means the reasonable labor time allowances defined by the retail labor time guide reasonably used by the dealer for nonwarranty customer‑paid orders.
Who is affected
- Auto dealers/franchised service departments (how they set warranty labor rates and documentation practices).
- Manufacturers and distributors (must review submissions, may propose adjustments, and carry burden in disputes).
- Consumers indirectly (affects warranty servicing practices and labor rates paid to dealers for warranty work).
Procedural/timeline aspects
- Dealer-declared average rates take effect 30 days after declaration (if average-rate method used) subject to audit and possible rebuttal.
- Manufacturer/distributor has 30 days to propose an adjustment after rebuttal; dealer has 30 days to sue after receiving the proposal.
- Filed Jan 2025; referred to Labor and Workforce Development April 10, 2025.
Potential impact
- Creates clearer, documentable methodologies for establishing warranty labor rates and shifts burden of proof to manufacturers in disputes, which could increase dealer leverage in rate-setting and streamline dispute resolution.
Filed/Introduced and adopted by SC House: February 18, 2025
Purpose
- A formal expression of the South Carolina House of Representatives’ sorrow at the death of Alvin Burton “Buck” Roberts (d. February 7, 2025) and an extension of condolences to his family and friends.
Key content
- Provides a biographical memorial: born July 27, 1939; lifetime resident of Anderson, SC; operator of A.B. Roberts Construction; leadership roles in local and state home builders associations; inducted into the South Carolina Housing Hall of Fame (1996); served on Anderson City Council (2000–2018); member of First Presbyterian Church; family details and survivors listed.
- Resolution directs that a copy be presented to the family.
Procedural/timeline aspects
- Introduced and adopted in the South Carolina House on February 18, 2025.
- Sponsors: large bipartisan list of House members (document lists many sponsors).
- Senate concurrence entries appear in the record on April 14, 2025 and November 10, 2025.
Who is affected
- Primarily symbolic — family, friends, and community in Anderson, SC; preserves official record honoring Mr. Roberts’ life and service.
If you want, I can:
- Produce a one‑page handout comparing the two measures, or
- Extract and format the exact statutory language changes for insertion into legislative tracking documents.
Compiled from official sources — confirm details with the bill’s official record.
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