BILL NUMBER: SB 1542 CHAPTERED
BILL TEXT
CHAPTER 572
FILED WITH SECRETARY OF STATE SEPTEMBER 17, 2004
APPROVED BY GOVERNOR SEPTEMBER 17, 2004
PASSED THE SENATE AUGUST 25, 2004
PASSED THE ASSEMBLY AUGUST 23, 2004
AMENDED IN ASSEMBLY JULY 23, 2004
AMENDED IN ASSEMBLY JUNE 21, 2004
AMENDED IN ASSEMBLY JUNE 14, 2004
AMENDED IN SENATE MARCH 22, 2004
INTRODUCED BY Senator Figueroa
(Coauthors: Senators Aanestad and Vincent)
(Coauthors: Assembly Members Correa, Nation, and Runner)
FEBRUARY 19, 2004
An act to amend Sections 9882 and 9884.17 of, and to add and
repeal Section 9882.6 of, the Business and Professions Code, relating
to automotive repair, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 1542, Figueroa. Bureau of Automotive Repair.
The Automotive Repair Act creates the Bureau of Automotive Repair
in the Department of Consumer Affairs, with certain powers and duties
relative to the licensing and regulation of automotive repair
dealers and various other licensees. The act creates the Vehicle and
Inspection Repair Fund and directs that all fees and revenues
collected pursuant to the act and pursuant to the motor vehicle
inspection program be deposited into the fund. Existing law requires
the Joint Committee on Boards, Commissions, and Consumer Protection
to hold a public hearing every 4 years to receive testimony from the
Director of Consumer Affairs and the bureau, and to evaluate the
bureau's effectiveness and efficiency. Existing law requires the
bureau to design and approve a required sign at all automotive repair
dealer locations advising the public of the bureau's telephone
number and other related matters. A violation of the Automotive
Repair Act is a crime.
This bill would require the sign to include the bureau's Internet
address. By changing the definition of a crime, the bill would
impose a state-mandated local program. The bill would make
nonsubstantive changes to the provisions governing the committee's
review of the bureau.
This bill would require the Director of Consumer Affairs to
appoint a Bureau of Automotive Repair Administration and Enforcement
Monitor by January 3, 2005, and would appropriate $184,000 from the
Vehicle and Inspection Repair Fund for the 2004-05, 2005-06, and
2006-07 fiscal years to the department to contract for this position.
The bill would require the monitor to evaluate the bureau and
research and analyze specified issues. The bill would require the
monitor to submit a report to the director, the Secretary of State
and Consumer Services Agency, the bureau, and the Legislature by June
1, 2005, and every 6 months thereafter, and to issue a final report
by December 31, 2006.
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.
Appropriation: yes.
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 4.5 (commencing with Section 11371) of
Part 1 of Division 3 of Title 2 of the Government Code.
(b) In 2003 and every four years thereafter, the Joint Legislative
Sunset Review Committee shall hold a public hearing to receive
testimony from the Director of Consumer Affairs and the bureau. In
those hearings, 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 committee shall evaluate and review the effectiveness
and efficiency of the bureau based on factors and minimum standards
of performance that are specified in Section 473.4. The committee
shall report its findings and recommendations as specified in Section
473.5. The bureau shall prepare an analysis and submit a report to
the committee as specified in Section 473.2.
SEC. 2. Section 9882.6 is added to the Business and Professions
Code, to read:
9882.6. (a) (1) The Director of Consumer Affairs shall appoint a
Bureau of Automotive Repair Administration and Enforcement Monitor
no later than January 3, 2005. The director may retain a person for
this position by a personal services contract. The Legislature
hereby finds, pursuant to Section 19130 of the Government Code, that
this is a new state function.
(2) The director shall supervise the administration and
enforcement monitor and may terminate or dismiss him or her from this
position.
(b) The director shall advertise the availability of this
position. The requirements for this position shall include
experience in the performing of audits of or operating state
administrative regulatory agencies, familiarity with state laws,
rules, and procedures pertaining to the bureau, and familiarity with
the relevant administrative procedures.
(c) (1) The administration and enforcement monitor shall evaluate
the bureau's disciplinary system and procedures, with specific
concentration on improving the overall efficiency and assuring the
fairness of the enforcement program, and the need for administrative
structural changes. The director shall specify further duties of the
monitor.
(2) This monitoring duty shall be on a continuing basis for a
period of no more than two years from the date of the administration
and enforcement monitor's appointment and shall include, but not be
limited to, researching and analyzing the following:
(A) The appropriate authorization for, accuracy of, and
consistency in, the application of sanctions or discipline imposed on
licensees or registrants.
(B) The viability and fairness of procedures available to
licensees and registrants to respond to allegations of violations
prior and subsequent to formal and/or other disciplinary actions
being taken.
(C) The accessibility, fairness, and independence of the appeals
process for licensees and registrants at all levels of the
disciplinary process, including procedures to respond to allegations
before and after formal and/or other disciplinary actions are taken.
(D) The prioritization of investigatory and prosecutory resources,
particularly with respect to cases involving significant consumer
harm.
(E) The adequacy of expertise of bureau staff in accepted industry
standards, practices, and the applicable state and federal laws.
(F) The effectiveness of the Bureau's Industry Ombudsman and
Advisory Committee, particularly in relation to their communication
with licensees, registrants, and the public.
(G) The effectiveness of the bureau's cooperation with other
governmental entities charged with enforcing related laws and
regulations regarding automotive repair dealers and smog check
stations and technicians.
(H) The creation of a statutory definition of the term "fraud."
(I) The establishment of formal diagnostic and repair standards.
(J) The licensing or registration of technicians working within
the various fields of automotive repair.
(K) The establishment in regulation of a formal code of conduct
for automotive repair dealers and technicians.
(L) The quality, consistency, and speed of complaint processing
and investigation, and recommendations for improvement.
In performing his or her monitoring duties, the administration and
enforcement monitor shall confer with, and seek input from, bureau
staff, registered or licensed professionals, the Office of the
Attorney General, members of the public, and other interested or
relevant parties regarding their concerns and views on the bureau and
its operations.
(3) The administration and enforcement monitor shall exercise no
authority over the bureau's discipline operations or staff. However,
the bureau and its staff shall cooperate with him or her, and the
bureau shall provide data, information, and case files as requested
by the administration and enforcement monitor to perform all of his
or her duties.
(4) The director shall assist the enforcement program monitor in
the performance of his or her duties, and the enforcement program
monitor shall have the same investigative authority as the director.
(d) The administration and enforcement monitor shall submit an
initial written report of his or her findings and conclusions to the
bureau, the director, the Secretary of State and Consumer Services
Agency, and the Legislature no later than July 1, 2005, and every six
months thereafter, and be available to make oral reports if
requested to do so. The administration and enforcement monitor may
also provide additional information to either the director or the
Legislature at his or her discretion or at the request of either the
director or the Legislature. The administration and enforcement
monitor shall make his or her reports available to the public or the
media. The administration and enforcement monitor shall make every
effort to provide the bureau with an opportunity to reply to any
facts, findings, issues, or conclusions in his or her reports with
which the bureau may disagree.
(e) The administration and enforcement monitor shall issue a final
report prior to December 31, 2006. The final report shall include
final findings and conclusions on the topics addressed in the initial
report submitted by the monitor pursuant to subdivision (d).
(f) This section shall become inoperative on April 1, 2007, and as
of April 1, 2007, shall be repealed, unless a later enacted statute,
which is enacted before April 1, 2007, deletes or extends the dates
on which it becomes inoperative and is repealed.
SEC. 3. Section 9884.17 of the Business and Professions Code is
amended to read:
9884.17. The bureau shall design and approve of a sign which
shall be placed in all automotive repair dealer locations in a place
and manner conspicuous to the public. That sign shall give notice
that inquiries concerning service may be made to the bureau and shall
contain the telephone number and Internet Web site address of the
bureau. The sign shall also give notice that the customer is
entitled to a return of replaced parts upon his or her request
therefor at the time the work order is taken.
SEC. 4. The sum of one hundred eighty-four thousand dollars
($184,000) is hereby appropriated from the Vehicle Inspection and
Repair Fund to the Department of Consumer Affairs for the 2004-05,
2005-06, and 2006-07 fiscal years for the purpose of contracting for
the employment of a Bureau of Automotive Repair Administration and
Enforcement Monitor pursuant to Section 9882.6 of the Business and
Professions Code.
SEC. 5. 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.