Bill Text: CA SB202 | 2013-2014 | Regular Session | Introduced
Bill Title: Automotive repair.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2013-08-30 - Set, second hearing. Held in committee and under submission. [SB202 Detail]
Download: California-2013-SB202-Introduced.html
BILL NUMBER: SB 202 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Galgiani
FEBRUARY 7, 2013
An act to amend Section 9880.1 of the Business and Professions
Code, relating to automotive repair.
LEGISLATIVE COUNSEL'S DIGEST
SB 202, as introduced, Galgiani. Automotive repair.
(1) Existing law, the Automotive Repair Act, establishes the
Bureau of Automotive Repair under the supervision and control of the
Director of Consumer Affairs. A violation of the act is a crime.
Existing law provides for the registration and regulation of
automotive repair dealers and makes it unlawful for any person to be
an automotive repair dealer unless registered with the bureau.
Existing law defines an automotive repair dealer and an automotive
technician as persons who, among other things, repair motor vehicles.
Existing law defines the repair of motor vehicles to mean all
maintenance of and repairs to motor vehicles, as specified, and
excludes from the definition, among other things, repairing tires,
changing tires, lubricating vehicles, installing light bulbs,
batteries, windshield wiper blades, and other minor services.
Existing law defines an automotive technician as an employee of an
automotive repair dealer or that dealer, if the employer or dealer
repairs motor vehicles, and who for salary or wage performs specified
work on a motor vehicle, but excludes, among other things, repairing
tires, changing tires, lubricating vehicles, installing light bulbs,
batteries, windshield wiper blades, and other minor accessories.
This bill would delete repairing and changing tires from those
exclusion lists. The bill would additionally exclude tire services
provided by or on behalf of a motor club holding a specified
certificate of authority or an operator of a tow truck owned or
operated by a person or entity possessing a valid motor carrier
permit from the definitions of "repair of motor vehicles" and
"automotive technician." Because the failure of a person repairing
and changing tires to register as an automotive repair dealer with
the bureau would constitute a crime, the bill would impose a
state-mandated program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 9880.1 of the Business and Professions Code is
amended to read:
9880.1. The following definitions apply for the purposes of this
chapter:
(a) "Automotive repair dealer" means a person who, for
compensation, engages in the business of repairing or diagnosing
malfunctions of motor vehicles.
(b) "Chief" means the Chief of the Bureau of Automotive Repair.
(c) "Bureau" means the Bureau of Automotive Repair.
(d) "Motor vehicle" means a passenger vehicle required to be
registered with the Department of Motor Vehicles and all motorcycles
whether or not required to be registered by the Department of Motor
Vehicles.
(e) "Repair of motor vehicles" means all maintenance of and
repairs to motor vehicles performed by an automotive repair dealer
including automotive body repair work, but excluding those repairs
made pursuant to a commercial business agreement and also excluding
repairing tires, changing tires, lubricating
vehicles, installing light bulbs, batteries, windshield wiper blades
, and other minor accessories, cleaning, adjusting, and
replacing spark plugs, replacing fan belts, oil, and air filters,
providing tire services by or on behalf of a motor club holding
a certificate of authority issued pursuant to Chapter 2 (commencing
with Section 12160) of Part 5 of Division 2 of the
Insurance Code or by an operator of a tow truck, as defined in
Section 615 of the Vehicle Code, owned or operated by a person or
entity possessing a valid motor carrier permit, as described in
Section 34620 of the Vehicle Code, and other minor services,
which the director, by regulation, determines are customarily
performed by gasoline service stations.
No service shall be designated as minor, for purposes of this
section, if the director finds that performance of the service
requires mechanical expertise, has given rise to a high incidence of
fraud or deceptive practices, or involves a part of the vehicle
essential to its safe operation.
(f) "Person" includes firm, partnership, association, limited
liability company, or corporation.
(g) An "automotive technician" is an employee of an automotive
repair dealer or is that dealer, if the employer or dealer repairs
motor vehicles , and who for salary or wage performs
maintenance, diagnostics, repair, removal, or installation of any
integral component parts of an engine, driveline, chassis or body of
any vehicle, but excluding repairing tires, changing tires,
lubricating vehicles, installing light bulbs, batteries,
windshield wiper blades, and other minor accessories; cleaning,
replacing fan belts, oil and air filters; providing tire
services by or on behalf of a motor club holding a certificate of
authority issued pursuant to Chapter 2 (commencing with Section
12160) of Part 5 of Division 2 of the Insurance Code or by an
operator of a tow truck, as defined in Section 615 of the Vehicle
Code, owned or operated by a person or entity possessing a valid
motor carrier permit, as described in Section 34620 of the Vehicle
Code, and other minor services which the director, by
regulation, determines are customarily performed by a gasoline
service station.
(h) "Director" means the Director of Consumer Affairs.
(i) "Commercial business agreement" means an agreement, whether in
writing or oral, entered into between a business or commercial
enterprise and an automobile repair dealer, prior to the repair which
is requested being made, which agreement contemplates a continuing
business arrangement under which the automobile repair dealer is to
repair any vehicle covered by the agreement, but does not mean any
warranty or extended service agreement normally given by an
automobile repair facility to its customers.
(j) "Customer" means the person presenting a motor vehicle for
repair and authorizing the repairs to that motor vehicle. "Customer"
shall not mean the automotive repair dealer providing the repair
services or an insurer involved in a claim that includes the motor
vehicle being repaired or an employee or agent or a person acting on
behalf of the dealer or insurer.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
