BILL NUMBER: SB 869	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 11, 2011
	AMENDED IN ASSEMBLY  JUNE 20, 2011
	AMENDED IN ASSEMBLY  JUNE 1, 2011

INTRODUCED BY   Senator Yee

                        FEBRUARY 18, 2011

    An act to amend Sections 9884.7 and 9889.3 of the
Business and Professions Code, and to amend Section 27317 of the
Vehicle Code, relating to automotive repair dealers.  
An act to add Section 9884.76 to the Business and Professions Code,
relating to automotive repair dealers. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 869, as amended, Yee. Automotive repair dealers: airbags.
   Existing law, the Automotive Repair Act, establishes the Bureau of
Automotive Repair under the supervision and control of the Director
of Consumer Affairs.  Existing law specifies grounds for
which the director may deny, suspend, revoke, or place on probation
the registration of an automotive repair dealer or the license of an
official lamp and brake adjusting station. Existing law provides that
a person who knowingly installs or reinstalls for compensation, or
who distributes or sells, any previously deployed airbag is guilty of
a misdemeanor punishable by a fine of $5,000, or confinement in a
county jail for one year, or by both that fine and confinement.
  Existing law provides that a person who fails to
comply with the act is guilty of a misdemeanor punishable by a fine
not exceeding $1,000, by imprisonment not exceeding 6 months, or by
both that fine and imprisonment, except as defined.  
   This bill would provide that an automotive repair dealer who
prepares a written estimate for repairs that includes replacement of
a deployed airbag, who fails to fully restore the airbag, as
specified, is guilty of a misdemeanor that is punishable by a $5,000
fine, by one year imprisonment in a county jail, or by both that fine
and imprisonment.  
   This bill would add to those grounds for action by the director a
conviction of a violation of that misdemeanor provision. The bill
would in addition provide that a person who undertakes for
compensation to repair a vehicle's inflatable restraint system and
who fails to restore it to its original operating condition is guilty
of a misdemeanor subject to the same punishment. 
   Because this bill would create a new crime, the bill would create
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 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 fully
restore the airbag that is part of an inflatable restraint system to
its original operating condition, where the customer has paid for the
replacement of the deployed airbag as provided in the estimate, is
guilty of a misdemeanor punishable by a fine of five thousand dollars
($5,000) or by imprisonment in a county jail for one year, or by
both that fine and imprisonment.  
  SECTION 1.    Section 9884.7 of the Business and
Professions Code is amended to read:
   9884.7.  (a) The director, where the automotive repair dealer
cannot show there was a bona fide error, may deny, suspend, revoke,
or place on probation the registration of an automotive repair dealer
for any of the following acts or omissions related to the conduct of
the business of the automotive repair dealer, which are done by the
automotive repair dealer or any automotive technician, employee,
partner, officer, or member of the automotive repair dealer.
   (1) Making or authorizing in any manner or by any means whatever
any statement written or oral which is untrue or misleading, and
which is known, or which by the exercise of reasonable care should be
known, to be untrue or misleading.
   (2) Causing or allowing a customer to sign any work order that
does not state the repairs requested by the customer or the
automobile's odometer reading at the time of repair.
   (3) Failing or refusing to give to a customer a copy of any
document requiring his or her signature, as soon as the customer
signs the document.
   (4) Any other conduct that constitutes fraud.
   (5) Conduct constituting gross negligence.
   (6) Failure in any material respect to comply with the provisions
of this chapter or regulations adopted pursuant to it.
   (7) Any willful departure from or disregard of accepted trade
standards for good and workmanlike repair in any material respect,
which is prejudicial to another without consent of the owner or his
or her duly authorized representative.
   (8) Making false promises of a character likely to influence,
persuade, or induce a customer to authorize the repair, service, or
maintenance of automobiles.
   (9) Having repair work done by someone other than the dealer or
his or her employees without the knowledge or consent of the customer
unless the dealer can demonstrate that the customer could not
reasonably have been notified.
   (10) Conviction of a violation of Section 551 of the Penal Code.
   (11) Conviction of a violation of Section 27317 of the Vehicle
Code.
   Upon denying a registration, the director shall notify the
applicant thereof, in writing, by personal service or mail addressed
to the address of the applicant set forth in the application, and the
applicant shall be given a hearing under Section 9884.12 if, within
30 days thereafter, he or she files with the bureau a written request
for hearing, otherwise the denial is deemed affirmed.
   (b) Except as provided for in subdivision (c), if an automotive
repair dealer operates more than one place of business in this state,
the director pursuant to subdivision (a) shall only suspend, revoke,
or place on probation the registration of the specific place of
business which has violated any of the provisions of this chapter.
This violation, or action by the director, shall not affect in any
manner the right of the automotive repair dealer to operate his or
her other places of business.
   (c) Notwithstanding subdivision (b), the director may suspend,
revoke, or place on probation the registration for all places of
business operated in this state by an automotive repair dealer upon a
finding that the automotive repair dealer has, or is, engaged in a
course of repeated and willful violations of this chapter, or
regulations adopted pursuant to it.  
  SEC. 2.    Section 9889.3 of the Business and
Professions Code is amended to read:
   9889.3.  The director may suspend, revoke, or take other
disciplinary action against a license as provided in this article if
the licensee or any partner, officer, or director thereof:
   (a) Violates any section of the Business and Professions Code that
relates to his or her licensed activities.
   (b) Is convicted of any crime substantially related to the
qualifications, functions, or duties of the licenseholder in
question.
   (c) Violates any of the regulations promulgated by the director
pursuant to this chapter.
   (d) Commits any act involving dishonesty, fraud, or deceit whereby
another is injured.
   (e) Has misrepresented a material fact in obtaining a license.
   (f) Aids or abets an unlicensed person to evade the provisions of
this chapter.
   (g) Fails to make and keep records showing his or her transactions
as a licensee, or fails to have the records available for inspection
by the director or his or her duly authorized representative for a
period of not less than three years after completion of any
transaction to which the records refer, or refuses to comply with a
written request of the director to make the record available for
inspection.
   (h) Violates or attempts to violate the provisions of this chapter
relating to the particular activity for which he or she is licensed.

   (i) Is convicted of a violation of Section 551 of the Penal Code.
   (j) Is convicted of a violation of Section 27317 of the Vehicle
Code.  
  SEC. 3.    Section 27317 of the Vehicle Code is
amended to read:
   27317.  Any person who installs or reinstalls for compensation, or
who distributes or sells, any previously deployed airbag that is
part of an inflatable restraint system, if the person knows that the
airbag has been previously deployed, or who undertakes for
compensation to repair a vehicle's inflatable restraint system and
who fails to restore it to its original operating condition is guilty
of a misdemeanor punishable by a fine of five thousand dollars
($5,000) or by confinement in a county jail for one year or by both
that fine and confinement. 
   SEC. 4.   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.