Bill Text: CA SB1242 | 2013-2014 | Regular Session | Chaptered

California Senate Bill 1242 (Prior Session Legislation)

Bill Title: Automotive repair: Bureau of Automotive Repair.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2014-08-22 - Chaptered by Secretary of State. Chapter 255, Statutes of 2014. [SB1242 Detail]

Download: California-2013-SB1242-Chaptered.html

BILL NUMBER: SB 1242	CHAPTERED
	BILL TEXT

	CHAPTER  255
	FILED WITH SECRETARY OF STATE  AUGUST 22, 2014
	APPROVED BY GOVERNOR  AUGUST 22, 2014
	PASSED THE SENATE  MAY 27, 2014
	PASSED THE ASSEMBLY  AUGUST 7, 2014

INTRODUCED BY   Senator Lieu
   (Principal coauthor: Assembly Member Bonilla)

                        FEBRUARY 20, 2014

   An act to amend Sections 9882 and 9882.2 of the Business and
Professions Code, relating to automotive repair.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1242, Lieu. Automotive repair: Bureau of Automotive Repair.
   Existing law, the Automotive Repair Act, provides for the
licensure and regulation of automotive repair dealers. Under existing
law, there is a Bureau of Automotive Repair, which is under the
supervision of the Director of Consumer Affairs who is authorized to
adopt and enforce those rules and regulations necessary to carry out
this act. Existing law requires that in 2003, and every 4 years
thereafter, the Joint Committee on Boards, Commissions, and Consumer
Protection hold a public hearing to evaluate and review the
effectiveness and efficiency of the bureau, as specified.
   This bill would instead require that the powers and duties of the
bureau, as provided, be subject to review by the appropriate policy
committees of the Legislature as if these provisions were scheduled
to be repealed on January 1, 2019.
   Existing law requires the Governor to appoint, subject to
confirmation by the Senate, a chief of the bureau. Under existing
law, before a chief is appointed, the Governor is required to give
due consideration to any person or persons recommended by the bureau.

   This bill would delete the due consideration provision.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 9882 of the Business and Professions Code is
amended to read:
   9882.  (a) There is in the Department of Consumer Affairs a Bureau
of Automotive Repair under the supervision and control of the
director. The duty of enforcing and administering this chapter is
vested in the chief who is responsible to the director. The director
may adopt and enforce those rules and regulations that he or she
determines are reasonably necessary to carry out the purposes of this
chapter and declaring the policy of the bureau, including a system
for the issuance of citations for violations of this chapter as
specified in Section 125.9. These rules and regulations shall be
adopted pursuant to Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code.
   (b) Notwithstanding any other law, the powers and duties of the
bureau, as set forth in this article and under the Automotive Repair
Act, shall be subject to review by the appropriate policy committees
of the Legislature. In that review, the bureau shall have the burden
of demonstrating a compelling public need for the continued existence
of the bureau and its regulatory program, and that its function is
the least restrictive regulation consistent with the public health,
safety, and welfare. The review shall be performed as if this chapter
were scheduled to be repealed as of January 1, 2019.
  SEC. 2.  Section 9882.2 of the Business and Professions Code is
amended to read:
   9882.2.  The Governor shall appoint, subject to confirmation by
the Senate, a chief of the bureau at a salary to be fixed and
determined by the director with the approval of the Director of
Finance. The chief shall serve under the direction and supervision of
the director and at the pleasure of the Governor.