BILL ANALYSIS                                                                                                                                                                                                    Ó







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        |Hearing Date:April 16, 2012        |Bill No:SB                         |
        |                                   |1460                               |
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                      SENATE COMMITTEE ON BUSINESS, PROFESSIONS 
                               AND ECONOMIC DEVELOPMENT
                          Senator Curren D. Price, Jr., Chair
                                           

                           Bill No:        SB 1460Author:Yee
                    As Introduced:     February 24, 2012 Fiscal:Yes

        
        SUBJECT:  Automotive repair:  replacement parts.
        
        SUMMARY:  Revises and recasts the motor vehicle replacement parts law, 
        defining certain terms related to crash parts; specifies that 
        certified new non-OEM crash parts shall be presumed sufficient to 
        return the motor vehicle to its pre-loss condition; requires a 
        supplier who supplies a certified new non-OEM crash part to provide a 
        written consumer warranty, as specified; requires crash parts to have 
        an identification number and an electronic tracking system; revises 
        the invoice and estimate requirements for automotive repair dealers.

        Existing law:
        
        1)Establishes specific provisions relative to motor vehicle 
          replacement parts (Chapter 20.1, of Division 2 of the Business 
          and Professions Code (BPC), commencing with 
        § 9875), including:

           a)   Defines the following terms:  (BPC § 9875)

             i)     "Insurer" to include an insurance company and any 
               person authorized to represent the insurer regarding a 
               claim.

             ii)    "Aftermarket crash part" is a replacement for any of 
               the non-mechanical sheet metal or plastic parts which 
               generally constitute the exterior of a motor vehicle, 
               including inner and outer panels.

             iii)   "Non-original equipment manufacturer (Non-OEM) 





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               aftermarket crash part" means aftermarket crash parts not 
               made for or by the manufacturer of the motor vehicle.

           b)   Prohibits an insurer from requiring the use of Non-OEM 
             aftermarket crash parts in a motor vehicle repair unless the 
             consumer is advised in a written estimate of the use of 
             Non-OEM aftermarket crash parts before repairs are made.  
             (BPC § 9875.1)

           c)   Requires where Non-OEM aftermarket crash parts are 
             intended for use by an insurer:

             i)     The written estimate must clearly identify each such 
               part with the name of its non-original equipment 
               manufacturer or distributor.  (BPC § 9875.1 (a))

             ii)    A disclosure document must be given to the insured 
               stating the following in 
             10-point type or larger attached to the estimate:  (BPC § 
               9875.1 (b))

             "This estimate has been prepared based on the use of crash 
               parts supplied by a source other than the manufacturer of 
               your motor vehicle.  Any warranties applicable to these 
               replacement parts are provided by the manufacturer or 
               distributor of the parts, rather than by the original 
               manufacturer of your vehicle."

        2)Licenses and regulates more than 35,000 automotive repair 
          dealers (ARDs) under the Automotive Repair Act (Act) by the 
          Bureau of Automotive Repair (BAR) within the Department of 
          Consumer Affairs (DCA).

        3)Defines certain terms in the Act, including ARD, to mean a 
          person who, for compensation, engages in the business of 
          repairing or diagnosing malfunctions of motor vehicles.  (BPC § 
          9880.1)

        4)Requires all work done by an ARD to be recorded on an itemized 
          invoice that describes all service work done and parts supplied, 
          and requires the invoice to contain specified information.  (BPC 
          § 9884.8)

        5)Requires an ARD to provide a customer with an itemized written 
          estimate for parts and labor and to obtain authorization from 
          the customer before performing work or charging for any work on 





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          the customer's vehicle.  (BPC § 9884.9)

        6)Prohibits an ARD from charging a customer for work done or parts 
          supplied in excess of the written estimate without first 
          obtaining a customer's oral or written authorization.  (BPC § 
          9884.9 (a))

        7)Requires an ARD performing auto body or collision repair work to 
          identify whether each part is new, used, rebuilt, or 
          reconditioned on the written estimate.  The written estimate 
          must also identify whether a crash part is an original equipment 
          manufacturer (OEM) or non-original equipment (non-OEM) 
          manufacturer crash part.  (BPC § 9884.9 (c))

        8)Defines "auto body repair shop" as a place of business operated 
          by an automotive repair dealer where automotive collision repair 
          or reconstruction of automobile or truck bodies is performed.  
          (BPC § 9889.51)

        Existing law, Department of Insurance Regulations (California Code 
        of Regulations Title 10 Chapter 5, Subchapter 7.5, Section 2695.8 
        (g)):  

        1)Provides that no insurer shall require the use of Non-OEM 
          replacement crash parts in the repair of an automobile unless:

           a)   The parts are at least equal to the original equipment 
             manufacturer parts in terms of kind, quality, safety, fit, 
             and performance;

           b)   Insurers specifying the use of non-original equipment 
             manufacturer replacement crash parts shall pay the cost of 
             any modifications to the parts which may become necessary to 
             effect the repair;

           c)   Insurers specifying the use of non-original equipment 
             manufacture replacement crash parts warrant that such parts 
             are of like kind, quality, safety, fit, and performance as 
             original equipment manufacturer replacement crash parts;

           d)   All original and non-original manufacture replacement 
             crash parts, when supplied by repair shops shall carry 
             sufficient permanent, non-removable identification so as to 
             identify the manufacturer.  The identification must be 
             accessible to the greatest extent possible after 
             installation.





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        This bill:

        1)Revises and recasts the motor vehicle replacement parts law, and 
          defines certain terms, including:

           a)   "Certified new non-OEM crash part" means a new non-OEM 
             replacement crash part that:

             i)     Has been certified  by an American National Standards 
               Institute (ANSI) accredited standards developer that develops 
               and maintains a consensus of quality standards for competitive 
               crash repair parts.

             ii)    Is identified by a unique serial number or production lot 
               number that enables full traceability through the certifying 
               entity.

           b)   "Replacement crash part" means a nonmechanical part made of 
             sheet metal, aluminum, plastic, fiberglass, or a similar material 
             generally used in crashed vehicle repair.  This includes outer 
             panels, hoods, fenders, doors, trunk lids, bumper parts 
             (excluding bumper covers), and radiator supports, but does not 
             include glass, wheel covers, or grilles. 

           c)   "Insurer" means an insurance company or any person authorized 
             to represent the insurer.

           d)   "New non-OEM crash part" means a replacement crash part 
             manufactured or sold by an entity other than the OEM.

           e)   "Original equipment manufacturer (OEM) crash part" means a 
             replacement crash part manufactured or commissioned by a car 
             company, for motor vehicles that the car company manufactures or 
             distributes.

           f)   "Recycled crash part" means a crash part removed from a 
             vehicle.

           g)   "Remanufactured or reconditioned crash part" means a recycled 
             crash part that has been refurbished or restored to its original 
             condition or appearance for use on another vehicle.

        2)Prohibits the use of recycled, remanufactured or reconditioned OEM, 
          new non-OEM, or certified new non-OEM crash parts in determining 
          what an insurer will pay to repair a vehicle unless:





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           a)   The insurer discloses in writing that parts other than OEM 
             crash parts may be used to determine the amount to be paid to 
             repair a vehicle in a manner sufficient to restore the vehicle to 
             its pre-loss condition. 

           b)   The auto body repair shop discloses whether the replacement 
             crash part to be used in the repair is:

             i)     A recycled, remanufactured, or reconditioned OEM or 
               certified new non-OEM crash part. 

             ii)    An OEM crash part.

             iii)   A certified new non-OEM crash part.

        3)Specifies that certified new non-OEM crash parts shall be presumed 
          sufficient to return the motor vehicle to its pre-loss condition. 

        4)Requires a supplier who supplies a certified new non-OEM crash part 
          to:

           a)   Provide a written consumer warranty that equals or exceeds the 
             car company's warranty provided for the OEM crash part.

           b)   Use an electronic tracking system that tracks the manufacturer 
             part number, lot number, and repair shop license number for 
             recall purposes.

           c)   Analyze any crash part returned as defective and report the 
             defective part number, lot number, and nature of the defect to 
             the manufacturer and to the certifying entity.

           d)   Report annually to the BAR defect rates greater than 5 percent 
             for certified new non-OEM crash parts, as specified.

           e)   Provide the auto body repair shop with a service guarantee on 
             any defective certified new non-OEM crash part which includes a 
             full refund within 60 days.

        5)Includes auto body repair shop in the definition of an ARD.

        6)Requires the final invoice that the ARD presents to the customer to:

           a)   Itemize each replacement crash part as an OEM, new non-OEM, 
             certified new non-OEM, recycled, remanufactured, or reconditioned 





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             crash part.

           b)   Identify the supplier providing the warranty for each 
             certified new non-OEM crash part, and the tracking information.

           c)   Include the disclosure language set forth in subdivision (c) 
             of Section 9884.9.

           d)   List the unique identification information for any installed 
             certified new non-OEM crash part. 

        7)When a certified new non-OEM crash part is installed, requires the 
          ARD to transmit the tracking information to the entity that 
          certified part in order to enable traceability.
           
        8)Requires the written estimate to identify whether a replacement 
          crash part is an OEM, certified new non-OEM, new non-OEM, recycled, 
          remanufactured, or reconditioned crash part.

        9)Requires the written estimate to disclose the replacement crash part 
          warranty provided by the supplier.

        10)Makes technical, clarifying and conforming changes.


        FISCAL EFFECT:  Unknown.  This bill has been keyed "fiscal" by 
        Legislative Counsel.

        COMMENTS:
        
       1.Purpose.  This bill is sponsored by the Author who states:  

             "SB 1460 would take current law a step further to ensure quality 
             assurance, warranties and the ability to track crash parts; 
             disclosures in insurance policies or other notices of the types 
             of crash parts that may be used; disclosures in the estimate of 
             the actual parts to be used; and disclosure in the final invoice 
             of crash parts actually installed.  Insurers specifying only 
             certified crash parts for certain parts ensures the use of 
             quality replacement parts at competitive prices.

             "This bill would give low income consumers an affordable safe 
             alternative to expensive OEM parts.  Consumers will also have 
             peace of mind that certified, quality replacement crash parts are 
             used when available, and that those parts are identifiable and 
             will be traceable.  The warranty requirement ensures that new 





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             non-OEM crash part manufacturers and distributors are held to the 
             same warranty standards as the original equipment manufacturers."

          According to the Author, the source of the bill is the  Personal 
          Insurance Federation of California  (PIF).  Representing a number of 
          insurance companies (State Farm, Farmers, Liberty Mutual Group, 
          Progressive, Allstate, Mercury), PIF states that the bill does three 
          things:  (1) provides incentive for insurance companies to pay for 
          higher-quality replacement parts; (2) encourages insurance companies 
          to pay for replacement car parts that are easier to track and 
          recall, which improves the accountability of replacement part 
          makers; (3) requires suppliers of Non-OEM replacement parts to 
          provide new consumer warranties, in addition to existing consumer 
          protections.

       2.Background.  "Crash parts" or "body parts" are parts generally made 
          of sheet metal, plastic, or glass that constitute the exterior of a 
          motor vehicle and tend to serve a cosmetic function.  Examples of 
          crash parts include bumper reinforcements and absorbers, hoods, 
          fenders, door shells, rear outer panels, deck and trunk lids, 
          quarter panels, truck beds and box sides, body side panels, 
          tailgates, and lift gates.  

       OEM crash parts are made by the manufacturer of a given motor vehicle 
          for use on that vehicle (e.g., a hood made by Ford for a Ford 
          vehicle).  Non-OEM parts, on the other hand, are duplicate parts 
          made by an independent manufacturer that is generally not affiliated 
          with the motor vehicle manufacturer. 

       Non-OEM manufacturers must "reverse-engineer" the replacement parts 
          because they do not have access to the OEM manufacturer's 
          specifications for a given part (because this information is 
          proprietary).  Non-OEM crash parts typically cost 20% to 65% less 
          than OEM crash parts.

        3. ANSI Accreditation.  This bill defines "certified new non-OEM 
           crash part" as a new non-OEM replacement crash part that has 
           been certified by an ANSI accredited standards developer that 
           develops and maintains a consensus of quality standards for 
           competitive crash repair parts.  The part is identified by a 
           unique serial number or production lot number enabling full 
           traceability through the certifying entity.  The ANSI is a 
           private, non-profit organization that administers and 
           coordinates the U.S. voluntary standards and conformity 
           assessment system.  ANSI is not itself a standards developing 
           organization, but rather ANSI oversees the creation, 





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           promulgation, and use of thousands of standards, guidelines, 
           and conformity assessment activities that directly impact 
           businesses and consumers in numerous industries and product 
           lines.  

        ANSI's role in the conformity assessment arena includes 
           accreditation of organizations that certify that products and 
           personnel meet recognized standards; accreditation of 
           organizations providing third-party validation or verification 
           to bodies engaged in the reduction and removal of greenhouse 
           gases; and accreditation of certificate programs for 
           organizations that issue education and training certificates to 
           U.S. workers.

        ANSI accredited standards have been cited in California law 
           relating to a variety of specification standards, including 
           those for:  carbon monoxide devices (Health and Safety Code 
           (HSC) § 13262); swimming pool antientrapment devices (HSC § 
           116064.2); pipe, pipe or plumbing fitting or fixture, solder, 
           or flux  (HSC § 116875); garage door openers (HSC § 19890); 
           food handler safety standards (HSC § 113948); safety of 
           recreational vehicles (HSC § 18027.3); gas fired appliances 
           (HSC § 114301); hydrogen fuels for combustion engines (BPC § 
           13446).

        If this bill were enacted, ANSI accredited organizations seeking 
           to certify new non-OEM parts might include:  the Certified 
           Automotive Parts Association (CAPA), a non-profit organization 
           that certifies the quality of new non-OEM parts for use in 
           collision repairs; and NSF International , a not-for-profit 
           organization that provides standards development, product 
           certification, auditing, education and risk management relating 
           to public health and the environment, and which, according to 
           PIFC, also provides a certification system for new non-OEM 
           parts. 

        4. Related Legislation.  There have been a number of Legislative 
           efforts involving a variety of issues with automobile crash 
           parts and repairs in recent years.  Stakeholders including, the 
           insurance industry, automobile manufacturers, parts 
           manufacturers, parts certifiers, automobile dealers, the auto 
           body repair industry, and consumer safety organizations have 
           brought a divergent range of interests to the table.  Some of 
           the significant bills have been the following:

         AB 2505  (Ma, 2012) in the current legislative session, defines 





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           "certified aftermarket crash part" as a replacement crash part 
           that has been certified by an ANSI accredited standards 
           developer that develops and maintains quality standards for 
           competitive crash repair parts, and that is identified by a 
           unique serial number on the part that enables its full 
           traceability through the ANSI certifying entity.  This bill is 
           awaiting hearing in the Assembly Business, Professions and 
           Consumer Protection Committee.

         SB 350  (Yee, 2010) would have prohibited the use of Non-OEM crash 
           parts unless specified requirements are met, including that the 
           parts are at least equal to the OEM parts in terms of kind, 
           quality, safety, fit, and performance, and are warranted by the 
           insurer to do so; the insurer pays the cost of any part 
           modifications necessary for the repair; and all aftermarket 
           crash parts (both OEM and Non-OEM) contains a specified 
           identification when supplied by auto body repair shops.  That 
           bill was ultimately withdrawn by the Author and died in the 
           Assembly Business, Professions and Consumer Protection 
           Committee.

         SB 427  (Negrete McLeod, 2010) would have increased the penalty 
           from $1,000 to $5,000 for failing to repair an air bag; made it 
           a misdemeanor for an ARD who prepares a written estimate for 
           repairs that includes replacement of a deployed airbag and who 
           fails to repair and fully restore the airbag to original 
           operating condition.  The bill was vetoed by the Governor 
           citing that the bill was largely duplicative of existing law 
           and provided consumers very little additional benefit.

         SB 1371  (Correa, Chapter 526, Statutes of 2008) prohibited 
           insurers from engaging in "capping," defined as paying an 
           amount that is unrelated to a methodology used in determining 
           paint and materials charges that is accepted by automobile 
           repair shops and insurers.

         AB 2825  (Carter, 2008) would have authorized a customer to receive 
           copies of invoices from the distributor, dealer or manufacturer 
           for all crash parts installed in excess of $50; required the 
           written estimate and the final invoice to include a notice 
           stating that installing parts other than those described on the 
           estimate without the customer's prior approval is unlawful; and 
           required copies of crash part invoices, if requested by the 
           consumer, to be attached to the final invoice.  That bill was 
           vetoed by the Governor citing that the bill was duplicative of 
           existing law and therefore unnecessary. 





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         AB 1483  (Carter, 2007) would have required an ARD, once repairs 
           are completed, to provide a written affirmation to the customer 
           on the first page of the final invoice that the parts 
           identified on the estimate are the parts that were installed on 
           the vehicle during repair.  That bill was vetoed by the 
           Governor citing that it was duplicative of existing law and 
           therefore unnecessary and that the provisions may lead to 
           increased expenses and decreased efficiency at automotive 
           repair dealers.

         
        AB 1852  (Yee, 2006) would have established a "licensed certifier" 
           as an independent entity, licensed by the Department of 
           Consumer Affairs, to certify a part as a "certified collision 
           repair part," if it is of like kind and quality to a car 
           company collision repair part.  That bill was referred to 
           Assembly Business and Professions Committee, but this language 
           was deleted from the bill and was amended into a different 
           subject matter before being heard by that Committee.

         AB 1163  (Yee, 2005) would have provided that a "certified 
           aftermarket crash part,"  not  manufactured by the original 
           equipment manufacturer (OEM) of the vehicle for which the 
           aftermarket crash part is being used to repair, is of like kind 
           and quality to an OEM aftermarket crash parts, and requires 
           manufacturers or distributors of the non-OEM parts, and 
           insurers, to warrant non-OEM certified aftermarket crash parts. 
            That bill died in Assembly Business and Professions Committee. 


        5. Arguments in Support.  Writing in support of the bill, the  Personal 
           Insurance Federation of California  (PIF) indicates that one way to 
           reduce the cost of auto repairs is to use parts not made by the 
           original car-maker (Non-OEM parts).  Using OEM parts can be much 
           more expensive than finding an "after- market" or "new non-OEM" 
           alternative.  In fact, when body shops repair a car that is not 
           insured and which will be paid solely out of the customer's pocket, 
           they frequently provide a new non-OEM alternative to make the 
           repair affordable.  Insurers make the same calculation and look for 
           appropriate opportunities to use new non-OEM parts, recognizing 
           there are many instances where OEM parts may be the best solution. 

        PIF argues that this measure does not address safety parts used in 
           vehicle repairs but cosmetic crash parts which are non- mechanical, 
           non-safety parts used on the exterior of the vehicle, such as the 





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           outer panels, hoods, fenders, doors, trunk lids, and bumper parts.  
                     PIF cites the Insurance Institute for Highway Safety 1987 Status 
           Report, stating these parts "don't affect vehicle strength in a 
           collision and are irrelevant to crash safety."  Given the 
           non-safety nature of crash parts, consumers and insurers purchase 
           many new Non-OEM replacement parts with less concern than they 
           would if safety was involved, according to PIF.

        According to PIF, in recent years several insurers have leaders in 
           efforts to provide a quality assurance process for new non-OEM 
           parts.  PIF indicates its involvement in the Certified Automotive 
           Parts Association (CAPA), a non-profit organization that certifies 
           the quality of new non-OEM parts for use in collision repairs.  PIF 
           indicates that CAPA, along with NSF International have developed 
           rigorous crash part manufacturing and testing standards. 

        PIF members believe that a robust certification system has improved 
           the quality of new non-OEM parts, and is a direct answer to 
           criticisms about "imitation" replacement parts.  However, PIF 
           believes that more can be done to provide incentives to insurers to 
           pay for certified new non-OEM parts, which are typically more 
           expensive than non-certified parts.

         Allstate Insurance Company  (Allstate) supports the bill stating that 
           at the national level, Allstate has supported a certification 
           system to assure the quality of non-safety crash parts used to 
           repair insured vehicles, and supports this even more rigorous 
           system that provides for the tracking of any defective crash parts 
           used in automotive repair for greater accountability here in 
           California.  In addition, the cost efficiencies resulting from the 
           use of certified after-market crash parts will result in more 
           vehicles being repaired, as opposed to being "totaled," according 
           to Allstate.

        6. Arguments in Opposition.  The  California Autobody Association  (CAA) 
           argues that the bill takes the wrong approach to addressing issues 
           surrounding non- OEM crash parts.  CAA contends the bill would 
           eliminate the current Department of Insurance regulation (CCR § 
           2695.8 (g)) which requires insurers who compel consumers to accept 
           non-OEM crash parts to warrant the parts are of "like kind, quality 
           safety, fit and performance" as OEM crash parts.  CAA sates that 
           the bill shifts all insurer warranty responsibility of non- OEM 
           crash parts to repair shops and third party suppliers.  More 
           importantly, according to CAA, the bill creates a "new legal 
           presumption" that all certified crash parts are presumed sufficient 
           to return the motor vehicle to its pre-loss condition, even though 





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           the non-OEM certified crash part may not fit properly or is 
           defective.  CAA indicates that the bill would also extend to third 
           party claimants, even though they may not have a contract with that 
           particular insurer.  

        CAA argues that the bill creates new crash part standards and 
           requirements but does not designate a consumer protection agency to 
           regulate, enforce and oversee this new program.  CAA contends the 
           bill places unnecessary administrative burdens on auto body shops 
           by requiring that a repair shop identify each part's supplier and 
           provide each part supplier's warranty to its customers.  
           Furthermore, the bill requires that the repair shop transfer any 
           "unique identification information" to the final invoice for 
           tracking purposes and upon installation of the part, the repair 
           shop must submit such information to the certifying entity, 
           according to CAA.

         California New Car Dealers Association  (CNCDA) opposes the bill 
           stating the bill "provides a presumption that 'certified' imitation 
           crash parts are sufficient to restore a vehicle to pre-loss 
           condition despite the fact that such parts do not meet the same 
           standards as the parts originally installed on the vehicle 
           (automaker parts)."  CNCDA questions how this statutory presumption 
           will affect existing Department of Insurance regulations which 
           prohibit manufacturers from requiring the use of non-OEM crash 
           parts if not of like kind, quality, safety, fit and performance as 
           automaker crash parts.  

        CNCDA argues the bill misleads consumers into believing that 
           "certified" parts are equivalent to automaker parts, despite the 
           contrary finding by BAR in a 2003 report, and the practical 
           experience of thousands of body shops in California.  The bill 
           would outsource consumer protection to CAPA, which CNCDA contends 
           (according to ANSI's website) is the only entity certifying non-OEM 
           crash parts.  "SB 1460 would deem CAPA certified parts sufficient 
           to return the vehicle to pre-loss condition even if the part is not 
           of like kind, quality, safety, fit or performance as the automaker 
           part."  

        CNCDA believes that by creating definitions for new categories of 
           parts in the Automotive Repair Act, and creating new disclosure 
           requirements during the vehicle repair estimation and invoicing 
           process, the bill will inject unnecessary confusion and compliance 
           concerns for California's well-regulated vehicle repair industry.  
           Finally, CNCDA argues that although proponents of SB 1460 argue 
           that it will reduce insurance costs, nothing in the bill requires 





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           insurance companies to give policyholders a rate reduction for the 
           use of non-OEM crash parts.

         
        Consumer Attorneys of California  (CAOC) writes that the bill greatly 
           weakens existing protections regarding the repair of motor vehicles 
           under automobile indemnity insurance policies.  CAOC contends the 
           bill would change the meaning of "imitation" car part by greatly 
           expanding the types of parts insurers may use to repair a vehicle 
           and would eliminate any meaningful standards for producing these 
           parts.  The bill creates an unprecedented legal presumption that an 
           insurer has met its contractual obligation to return a vehicle to 
           its pre-loss condition if a certified non-original equipment 
           manufactured part is used, according to CAOC, who further states, 
           "Not even parts produced by original equipment manufacturers 
           receive that legal presumption."

        CACO argues that the bill would significantly weaken existing 
           disclosures meant to protect consumers, and make California's 
           disclosures the weakest in the country. 

         7. Policy Issues  .  A central policy issue in this bill is the apparent 
           shift in the responsibility for repairing a consumer's vehicle from 
           the insurer to the parts manufacturer or to the auto body repair 
           shop.  As stated in this analysis, ("This bill"  Item # 3 above), 
           the bill specifies that certified new non-OEM crash parts  shall be 
           presumed sufficient  to return the motor vehicle to its pre-loss 
           condition.  Existing Department of Insurance regulations (see 
           "Existing law" above) mandates that if an insurer requires the use 
           of Non-OEM replacement crash parts in the repair of an automobile, 
           the parts must be  at least equal to  the OEM parts in terms of kind, 
           quality, safety, fit, and performance, and that the insurer must 
           pay for any modifications to the parts which may become necessary 
           to effect the repair, and that the insurer must warrant that the 
           parts  are of like kind, quality, safety, fit, and performance  as 
           OEM replacement crash parts.  This bill shifts that responsibility 
           to the manufacturer, the parts certifier, and ultimately to the 
           auto body repair shop.  

        The Committee should consider whether this is an appropriate policy 
           change, and whether this increases or decreases the protections to 
           the consumer.

         NOTE  :  Double-referral to Judiciary Committee second.  Any amendments 
        proposed to this bill in committee should be made in the Judiciary 
        Committee.





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        SUPPORT AND OPPOSITION:
        
         Support:  
        Personal Insurance Federation of California (Sponsor)
        Allstate Insurance Company

         Opposition:  
        Alliance of Automotive Manufacturers
        Association of Global Automakers, Inc.
        California Autobody Association
        California New Car Dealers Association
        Consumer Attorneys of California
        Consumer Federation of California



        Consultant:G. V. Ayers