BILL NUMBER: AB 873	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2015

INTRODUCED BY   Assembly Member Jones

                        FEBRUARY 26, 2015

   An act to amend, repeal, and add Section 9880.1 of the Business
and Professions Code relating to automotive repair.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 873, as amended, Jones. 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. Existing law regulates the business of
automotive repair 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 persons 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, except repairing
tires, changing tires, lubricating vehicles, installing light bulbs,
batteries, windshield wiper blades, and other minor services.
   Existing law defines "automotive technician" as a dealer, or a
person employed by a dealer, who performs maintenance, diagnostics,
repair, removal or installation of specified integral automotive
components, but excluding minor services, as set forth above.
   This bill would require the director to adopt regulations prior to
January 1, 2017, defining "minor services" for these purposes.
   This  bill would,   bill,  commencing
January 1, 2017,  would  recast the definition of "repair of
motor vehicles," to delete the listing of the various types of
excluded minor services  and also would exclude roadside
services, as defined  , and would similarly recast the
definition of "automotive technician," to delete these references and
to delete provisions describing the specific work to be performed by
an automotive technician.
   This bill would  declare   provide  that
the regulations adopted by the director, prior to January 1, 2017,
defining "minor services"  shall  continue in effect
on and after January 1, 2017.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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 
 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.
   (k) Prior to January 1, 2017, the director shall adopt
comprehensive regulations defining "minor services" as used in this
section.
   (l) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
  SEC. 2.  Section 9880.1 is added to the Business and Professions
Code, 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   agreement,  minor services as
determined through regulations adopted by the  director.
  director, and roadside services. 
   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, who for salary or wage repairs motor
vehicles as set forth in subdivision (e).
   (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) "Roadside services" means the services performed upon a motor
vehicle for the purpose of transporting the vehicle or to permit it
to be operated under its own power, by or on behalf of a motor club
holding a certificate of authority pursuant to Chapter 2 (commencing
with Section 12160) of Part 5 of Division 2 of the Insurance Code.
 
   (j) 
    (k)  "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. 
   (k) 
    (l)  The regulations adopted by the director, prior to
January 1, 2017, defining "minor services" for the purposes of this
section shall continue in effect on and after January 1, 2017. The
director may, thereafter, amend or repeal those regulations, as he or
she deems necessary and consistent with this chapter. 
   (l) 
    (m)  This section shall become operative January 1,
2017.