BILL NUMBER: SB 350	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Yee

                        FEBRUARY 25, 2009

   An act to amend Section 9875.1 of the Business and Professions
Code, and to amend Section 27317 of the Vehicle Code, relating to
motor vehicle insurance.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 350, as introduced, Yee. Motor vehicle insurance: automobile
repairs: restraint systems.
   Existing law prohibits an insurer from requiring the use of
nonoriginal equipment manufacturer aftermarket crash parts in the
repair of an insured's motor vehicle unless the insured is advised in
a written estimate before repairs are made that nonoriginal
equipment manufacturer aftermarket crash parts will be used.
   This bill would, in addition to the advisement, prohibit the use
of the nonoriginal equipment manufacturer aftermarket crash parts
unless the parts are also at least of like kind and quality to the
parts being replaced, as specified.
   Existing law makes it a misdemeanor for any person to install or
reinstall for compensation any previously deployed air bag that is
part of an inflatable restraint system if the person knew that the
air bag had been previously deployed.
   This bill would, in addition, make it a misdemeanor for any person
to install or reinstall for compensation any previously damaged air
bag that is part of an inflatable restraint system if the person knew
that the air bag had been previously damaged. This bill would also
make it a misdemeanor for any person who has actual knowledge that
the airbag portion of an inflatable restraint system has been
previously deployed or damaged to cause another person to fail to
fully restore, arm, and return the airbag to original operating
condition, as specified.
   Because this bill would expand the definition of an existing
crime, it 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.
   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 9875.1 of the Business and Professions Code is
amended to read:
   9875.1.   No   An  insurer shall 
not  require the use of nonoriginal equipment manufacturer
aftermarket crash parts in the repair of an insured's motor vehicle,
unless  the aftermarket crash parts are at least of like kind and
quality to the part being replaced in terms of fit, function, and
finish. Aftermarket replacement crash parts certified to meet the
standards set by an American National Standards Institute (ANSI)
recognized entity shall   be presumed to be at least of like
kind and quality as the part being replaced in terms of fit,
function, and finish. The insurer shall advise  the consumer
 is advised  in a written estimate of the use of
nonoriginal equipment manufacturer aftermarket crash parts before
repairs are made. In all instances where nonoriginal equipment
manufacturer aftermarket crash parts are intended for use by an
insurer:
   (a) The written estimate shall clearly identify each such part
with the name of its nonoriginal equipment manufacturer or
distributor.
   (b) A disclosure document containing the following information in
10-point type or larger type shall be attached to the insured's copy
of the estimate: "This estimate has been prepared based on the use of
crash parts supplied by a source other than the manufacturer of your
motor vehicle. Any warranties applicable to these replacement parts
are provided by the manufacturer or distributor of the parts, rather
than by the original manufacturer of your vehicle."
  SEC. 2.  Section 27317 of the Vehicle Code is amended to read:
   27317.   Any   A  person who  has
actual knowledge that the airbag portion of an inflatable restraint
system has been previously deployed   or damaged and who
 installs or reinstalls for compensation, or who distributes or
sells any previously deployed  or damaged  air bag that is
part of an inflatable restraint system,  or who causes another
person to fail to fully restore, arm, and return the airbag to
original operating condition   if the person knows that
the air bag has been previously deployed  , is guilty of a
misdemeanor punishable by a fine of five thousand dollars ($5,000) or
by confinement in the county jail for one year or by both that fine
and confinement.
  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.