BILL ANALYSIS Ó
SB 869
Page 1
SENATE THIRD READING
SB 869 (Yee)
As Amended September 1, 2011
Majority vote
SENATE VOTE :38-1
BUSINESS & PROFESSIONS9-0 APPROPRIATIONS 17-0
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|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 |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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 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
SB 869
Page 2
vehicle, if the person knows that the airbag has been
previously deployed.
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: 0002500