BILL NUMBER: SB 427 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 1, 2009
AMENDED IN SENATE APRIL 23, 2009
AMENDED IN SENATE APRIL 2, 2009
INTRODUCED BY Senator Negrete McLeod
FEBRUARY 26, 2009
An act to amend Sections 9875 and 9889.20 of, to amend, repeal,
and add Sections 9884.8 and 9884.9 of, and to add Sections 9884.75
and 9884.76 to, the Business and Professions Code, relating to
automotive repair.
LEGISLATIVE COUNSEL'S DIGEST
SB 427, as amended, Negrete McLeod. Automotive repair: crash
parts.
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 authorizes the director
to adopt regulations to implement its provisions. The act requires
all work done by an automotive repair dealer to be recorded on an
invoice that describes all service work done and parts supplied. The
act requires the invoice to include a statement indicating whether
any crash parts are original equipment manufacturer crash parts or
nonoriginal equipment manufacturer aftermarket crash parts. The act
also requires this information to be provided to a customer in an
itemized written estimate when an automotive repair dealer is doing
auto body or collision repairs. Existing law requires the automotive
repair dealer to obtain authorization from the customer before
performing work and imposing charges. A violation of the act is a
crime.
This bill would define "crash part" for purposes of the act. The
bill would, commencing January 1, 2011, require an automotive repair
dealer to provide a customer copies of invoices for any airbags
installed as part of an inflatable restraint system.
The bill would require the first page of the itemized written
estimate to include a notice, as specified, stating that installing
parts other than those described on the estimate without prior
approval from the customer is unlawful and informing the customer of
the toll-free telephone number of the bureau. The bill would
additionally require an automotive repair dealer to provide on the
first page of the final invoice, a statement that installing parts
other than those described on the estimate without prior approval
from the customer is unlawful and informing the customer of the
toll-free telephone number of the bureau. The bill would make these
provisions operative on January 1, 2011.
The bill would specify that an automotive repair dealer who
prepares an estimate, including replacement of a specified deployed
airbag, and who fails to repair and fully restore the airbag, as
specified, is guilty of a misdemeanor punishable by a fine,
imprisonment, or both.
Because a violation of the bill's provisions 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.
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 of the Business and Professions Code is
amended to read:
9875. As used in this chapter, the following definitions shall
apply:
(a) "Insurer" includes an insurance company and any person
authorized to represent the insurer with respect to a claim.
(b) "Crash part" means any of the nonmechanical sheet metal or
plastic parts which generally constitute the exterior of a motor
vehicle, including inner and outer panels and exterior lighting; and
shall also include the airbag in a motor vehicle's inflatable
restraint system.
(c) "Aftermarket crash part" means a replacement for any crash
part.
(d) "Nonoriginal equipment manufacturer aftermarket crash part"
means aftermarket crash parts not made for or by the manufacturer of
the motor vehicle.
SEC. 2. Section 9884.75 is added to the Business and Professions
Code, to read:
9884.75. (a)
An (a) An
automotive repair dealer shall provide a customer copies of invoices
for any airbags installed as part of an inflatable restraint system.
The automotive repair dealer may remove from these invoices the
price paid by the automotive repair dealer for the airbags.
(b) This section shall become operative on January 1, 2011.
SEC. 3. Section 9884.76 is added to the Business and Professions
Code, to read:
9884.76. Notwithstanding Section 9889.20, an automotive repair
dealer who prepares a written estimate for repairs pursuant to
Section 9884.9 that includes replacement of a deployed airbag that is
part of an inflatable restraint system and who fails to repair and
fully restore the airbag to original operating condition is guilty of
a misdemeanor punishable by a fine of five thousand dollars ($5,000)
or by imprisonment in the county jail for one year or by both that
fine and imprisonment.
SEC. 4. Section 9884.8 of the Business and Professions Code is
amended to read:
9884.8. (a) All work done by an automotive repair dealer,
including all warranty work, shall be recorded on an invoice and
shall describe all service work done and parts supplied. Service work
and parts shall be listed separately on the invoice, which shall
also state separately the subtotal prices for service work and for
parts, not including sales tax, and shall state separately the sales
tax, if any, applicable to each. If any used, rebuilt, or
reconditioned parts are supplied, the invoice shall clearly state
that fact. If a part of a component system is composed of new and
used, rebuilt or reconditioned parts, that invoice shall clearly
state that fact. The invoice shall include a statement indicating
whether any crash parts are original equipment manufacturer crash
parts or nonoriginal equipment manufacturer aftermarket crash parts.
One copy of the invoice shall be given to the customer and one copy
shall be retained by the automotive repair dealer.
(b) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.
SEC. 5. Section 9884.8 is added to the Business and Professions
Code, to read:
9884.8. (a) All work done by an automotive repair dealer,
including all warranty work, shall be recorded on a final repair
invoice and shall describe all service work done and parts installed.
Service work and parts shall be listed separately on the repair
invoice, which shall also state separately the subtotal prices for
service work and for parts, not including sales tax, and shall state
separately the sales tax, if any, applicable to each. If any used,
rebuilt, or reconditioned parts are installed, the invoice shall
clearly state that fact. If a part of a component system is composed
of new and used, rebuilt, or reconditioned parts, that invoice shall
clearly state that fact. The invoice shall include a statement
indicating whether any crash parts are original equipment
manufacturer crash parts or nonoriginal equipment manufacturer
aftermarket crash parts. If an airbag was installed, the airbag
invoice required in Section 9884.75 shall be attached to the final
invoice required under this subdivision. One copy of the final repair
invoice along with any airbag invoices, if applicable, shall be
given to the customer and one copy shall be retained by the
automotive repair dealer.
(b) The first page of the final repair invoice shall contain the
following statement in 12-point boldface type or larger enclosed in a
box:
"INSTALLING A PART, OTHER THAN A PART DESCRIBED ON THE WRITTEN
ESTIMATE, WITHOUT PRIOR APPROVAL FROM THE CUSTOMER, IS UNLAWFUL. IF
YOU SUSPECT THE ILLEGAL INSTALLATION OF PARTS OR
ARE CONCERNED ABOUT THE REPAIR OF YOUR VEHICLE BY AN AUTOMOTIVE
REPAIR DEALER, CALL THE BUREAU OF AUTOMOTIVE REPAIR IN THE CALIFORNIA
DEPARTMENT OF CONSUMER AFFAIRS TOLL FREE AT (800) 952-5210."
(c) This section shall become operative on January 1, 2011.
SEC. 6. 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.
(e) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.
SEC. 7. Section 9884.9 is added to the Business and Professions
Code, 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 installed 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 installed. 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 repair 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 anyone 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 written 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. In all instances, the first page of the written estimate shall
contain a notice with the following information in 12-point boldface
type or larger enclosed in a box:
"INSTALLING A PART, OTHER THAN A PART DESCRIBED ON THE WRITTEN
ESTIMATE, WITHOUT PRIOR APPROVAL FROM THE CUSTOMER, IS UNLAWFUL.
IF YOU SUSPECT THE ILLEGAL INSTALLATION OF PARTS OR
ARE CONCERNED ABOUT THE REPAIR OF YOUR VEHICLE BY AN
AUTOMOTIVE REPAIR DEALER, CALL THE BUREAU OF AUTOMOTIVE REPAIR IN THE
CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS TOLL FREE AT (800)
952-5210."
(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.
(e) This section shall become operative on January 1, 2011.
SEC. 8. Section 9889.20 of the Business and Professions Code is
amended to read:
9889.20. Except as otherwise provided in Sections 9884.76 and
9889.21, any person who fails to comply in any respect with the
provisions of this chapter is guilty of a misdemeanor and punishable
by a fine not exceeding one thousand dollars ($1,000), or by
imprisonment not exceeding six months, or by both such fine and
imprisonment.
SEC. 9. 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.