BILL ANALYSIS Ó
SB 869
Page 1
SENATE THIRD READING
SB 869 (Yee)
As Amended July 11, 2011
Majority vote
SENATE VOTE :38-1
BUSINESS & PROFESSIONS9-0 APPROPRIATIONS 17-0
-----------------------------------------------------------------
|Ayes:|Hayashi, Bill Berryhill, |Ayes:|Fuentes, Harkey, |
| |Allen, Butler, Eng, | |Blumenfield, Bradford, |
| |Hagman, Hill, Ma, Smyth | |Charles Calderon, Campos, |
| | | |Davis, Donnelly, Gatto, |
| | | |Hall, Hill, Lara, |
| | | |Mitchell, Nielsen, Norby, |
| | | |Solorio, Wagner |
|-----+--------------------------+-----+--------------------------|
| | | | |
-----------------------------------------------------------------
SUMMARY : Makes it a misdemeanor for an automotive repair dealer who
prepares a written estimate for repairs, as specified, 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 that is part of an inflatable restraint system to its original
operating condition, where the customer has paid for the airbag as
provided in the estimate. This is punishable by a fine of $5,000 or
by confinement in a county jail for one year or by both that fine and
confinement.
EXISTING LAW :
1)Licenses and regulates more than 35,000 automotive repair
dealers under the Automotive Repair Act (Act) by the Bureau of
Automotive Repair within the DCA.
2)Establishes a misdemeanor penalty of up to six months in jail,
a $1,000 fine, or both, for any person who fails to comply
with the provisions of the Act.
3)Establishes, in the Vehicle Code, a misdemeanor penalty of up
to one year in jail, a $5,000 fine, or both, for any person
who installs or reinstalls for compensation, distributes or
sells a previously deployed airbag in a vehicle, if the person
knows that the airbag has been previously deployed.
SB 869
Page 2
FISCAL EFFECT : According to the Assembly Appropriations Committee,
potential non-reimbursable costs to local government for additional
enforcement offset to some extent by additional fine revenues.
COMMENTS : Under current law, if a person knowingly installs or
reinstalls an airbag that has been previously deployed, he or she is
guilty of a misdemeanor and punishable by a fine of $5,000 or by
confinement in a county jail for one year, or by both. This existing
violation is narrower than that proposed by this bill, which would
expand the penalties to cover a person who fails to repair and fully
restore the airbag that is part of an inflatable restraint system to
its original operating condition. Additionally, under current law, a
violation of the Act, for example, if a person fails to properly
replace an airbag as indicated on an invoice, is also a misdemeanor,
but punishable by a fine of $1,000 or by confinement in a county jail
for one year, or by both. While the misdemeanor proposed by this
bill would be covered by the Act, this bill would expand the
punishment to a fine of $5,000 or by confinement in a county jail for
one year, or by both.
Analysis Prepared by : Marina Wiant / B.,P. & C.P. / (916) 319-3301
FN: 0002114