BILL NUMBER: AB 2065	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Galgiani

                        FEBRUARY 23, 2012

   An act to amend Section 9880.1 of the Business and Professions
Code, relating to professions and vocations.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2065, as introduced, Galgiani. 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. 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 a person
who, among other things, repairs 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.
   This bill would delete repairing and changing tires from that
exclusion list. 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.
   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, 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.  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.