BILL NUMBER: AB 1079	CHAPTERED
	BILL TEXT

	CHAPTER  874
	FILED WITH SECRETARY OF STATE  SEPTEMBER 29, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2004
	PASSED THE ASSEMBLY  AUGUST 25, 2004
	PASSED THE SENATE  AUGUST 24, 2004
	AMENDED IN SENATE  AUGUST 23, 2004
	AMENDED IN SENATE  JULY 9, 2003
	AMENDED IN ASSEMBLY  MAY 1, 2003
	AMENDED IN ASSEMBLY  APRIL 10, 2003

INTRODUCED BY   Assembly Member Bermudez

                        FEBRUARY 20, 2003

   An act to amend Sections 9880.1 and 9884.9 of the Business and
Professions Code, relating to automotive repair.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1079, Bermudez.  Automotive repair.
   Existing law, the Automotive Repair Act, establishes the Bureau of
Automotive Repair under the supervision and control of the Director
of Consumer Affairs.  The act provides for the registration and
regulation of automotive repair dealers and makes a violation of its
provisions a crime.  The act requires an automotive repair dealer to
provide a customer with a written repair estimate and prohibits the
dealer from charging for repairs exceeding the estimate amount
without the customer's consent.
   This bill would define the term "customer" and  would authorize a
customer to designate in writing another person to authorize repairs
in excess of the estimate amount.  The bill would authorize the
bureau to adopt regulations pertaining to the designation process.
   Because a violation of the bill would be a crime, the bill would
impose a state-mandated local program.
  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.


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, 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; 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.  Section 9884.9 of the Business and Professions Code is
amended to read:
   9884.9.  (a) The automotive repair dealer shall give to the
customer a written estimated price for labor and parts necessary for
a specific job.  No work shall be done and no charges shall accrue
before authorization to proceed is obtained from the customer.  No
charge shall be made for work done or parts supplied in excess of the
estimated price without the oral or written consent of the customer
that shall be obtained at some time after it is determined that the
estimated price is insufficient and before the work not estimated is
done or the parts not estimated are supplied.  Written consent or
authorization for an increase in the original estimated price may be
provided by electronic mail or facsimile transmission from the
customer.  The bureau may specify in regulation the procedures to be
followed by an automotive repair dealer if an authorization or
consent for an increase in the original estimated price is provided
by electronic mail or facsimile transmission.  If that consent is
oral, the dealer shall make a notation on the work order of the date,
time, name of person authorizing the additional repairs, and
telephone number called, if any, together with a specification of the
additional parts and labor and the total additional cost, and shall
do either of the following:
   (1) Make a notation on the invoice of the same facts set forth in
the notation on the work order.
   (2) Upon completion of the repairs, obtain the customer's
signature or initials to an acknowledgment of notice and consent, if
there is an oral consent of the customer to additional repairs, in
the following language:


    "I acknowledge notice and oral approval of an increase in the
  original estimated price.
                              __________________________________
                                    (signature or initials)"

   Nothing in this section shall be construed as requiring an
automotive repair dealer to give a written estimated price if the
dealer does not agree to perform the requested repair.
   (b) The automotive repair dealer shall include with the written
estimated price a statement of any automotive repair service that, if
required to be done, will be done by someone other than the dealer
or his or her employees.  No service shall be done by other than the
dealer or his or her employees without the consent of the customer,
unless the customer cannot reasonably be notified.  The dealer shall
be responsible, in any case, for any service in the same manner as if
the dealer or his or her employees had done the service.
   (c) In addition to subdivisions (a) and (b), an automotive repair
dealer, when doing auto body or collision repairs, shall provide an
itemized written estimate for all parts and labor to the customer.
The estimate shall describe labor and parts separately and shall
identify each part, indicating whether the replacement part is new,
used, rebuilt, or reconditioned.  Each crash part shall be identified
on the written estimate and the written estimate shall indicate
whether the crash part is an original equipment manufacturer crash
part or a nonoriginal equipment manufacturer aftermarket crash part.

   (d) A customer may designate another person to authorize work or
parts supplied in excess of the estimated price, if the designation
is made in writing at the time that the initial authorization to
proceed is signed by the customer.  The bureau may specify in
regulation the form and content of a designation and the procedures
to be followed by the automotive repair dealer in recording the
designation.  For the purposes of this section, a designee shall not
be the automotive repair dealer providing 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. 3.  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.