BILL ANALYSIS
SB 427
Page 1
Date of Hearing: August 4, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 427 (Negrete McLeod) - As Amended: May 20, 2010
Policy Committee: Business and
Professions Vote: 7 - 3
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill increases the penalty from $1,000 to $5,000 under the
Automotive Repair Act (Act) for failing to repair an air bag and
requires a consumer disclosure on customer invoices stating that
it is unlawful to install any part, other than the type
described in the written estimate, without prior approval from
the consumer. In addition, the bill makes minor technical
amendments to the Act.
FISCAL EFFECT
Potential nonreimbursable costs to local government for
additional enforcement, offset to some extent by additional fine
revenues.
COMMENTS
1)Purpose . This bill clarifies that airbags are required to be
repaired to their 'original operating condition' to ensure
repair shops that intentionally skirt the law are more easily
prosecuted for their crime, and increases the penalty for
those who fail to comply with the law.
In addition, this bill ensures consumers are made aware of the
prohibition against parts switching, and provides consumers
with the means to protect themselves against this type of
fraud by providing them contact information for the Bureau of
Automotive Repair (BAR) if they suspect anything wrong with
the repair of their car.
2)Related Legislation . AB 2825 (Carter) of 2008 would have
SB 427
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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. AB 2825 was vetoed. The
governor stated the bill was duplicative of existing law and
therefore unnecessary.
AB 1483 (Carter) of 2007 would have required an auto repair
dealer, 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, with a statement that it was duplicative of
existing law and therefore unnecessary.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081