BILL ANALYSIS                                                                                                                                                                                                   SENATE TRANSPORTATION COMMITTEE             BILL NO.:.........SB 521
Senator Quentin L. Kopp, Chairman           AUTHOR:..........PRESLEY
                                            VERSION:
                                              (Orig.):......03/01/93
                                              (As Amend.):
                                            FISCAL:..............YES

SUBJECT:  

Automotive repairs and inspections.

DESCRIPTION:  

This bill would specifically establish the authority of the 
šBureau of Automotive Repair to suspend or revoke the automotive 
šrepair license of a licensee in violation of smog check or 
šrelated laws.  The bill would authorize the use of an electronic 
š(paperless) smog check compliance certificate and would make 
šseveral technical and corrective changes in provisions related to 
šautomotive repair activities.

ANALYSIS:  

1.  Existing law authorizes the Director of Consumer Affairs, 
šunder certain specified circumstances, to refuse to validate, or 
šinvalidate temporarily or permanently, the registration of an 
šautomotive repair dealer for certain acts or omissions including 
šfailure to comply with the Automotive Repair Act.  If 
šdisciplinary action is pursued, the Bureau of Automotive Repair 
š(BAR) may seek action against other BAR licenses held by the 
šindividual.  The Automotive Repair Act, however, does not 
šspecifically authorize actions against a licensee's automotive 
šrepair dealer registration for a violation of smog check or lamp 
šand brake laws.

This bill would authorize the Director of Consumer Affairs to 
šsuspend or revoke the automotive repair registration or any 
šautomotive repair license of a licensee who violates vehicle 
šinspection (smog check) laws or regulations, or who violates lamp 
šand brake repair provisions. 

2.  Existing law authorizes the Department of Motor Vehicles to 
šprescribe the form of the smog certificate of compliance or 
šnoncompliance.  The current compliance certificate is a paper one 
šwhich is issued to the vehicle owner and subsequently submitted 
što the department with other registration documents.  Over 
š10,000,000 certificates were issued in 1991-92, for which 
šmotorists were charged $7 each.

This bill would provide that the form of the certificate may be 
šelectronic or otherwise.

3.  Various provisions of the Business and Professions Code 
šrelated to automotive repairs reference dates, programs or 
šactivities which are obsolete.

This bill would make several technical and corrective changes to 
šthese provisions.



COMMENTS:  

1.  The proposed disciplinary action provisions raise a question 
šas to whether a person with multiple automotive repair licenses 
šor registrations should have sanctions against all of his or her 
šlicenses for a violation of one particular aspect of the 
šautomotive repair and inspection requirements.

2.  According to the author, the BAR and DMV have conducted a 
šlimited test at smog check referee stations of the use of 
šelectronic smog certification information techniques and 
šequipment.  They now believe that a "paperless certificate" is 
šfeasible.

The electronic certificate is touted, among other reasons, as a 
šway to reduce the handling of millions of documents and 
šassociated costs.  The committee may want to ensure that cost 
šsavings are actually passed on to consumers through lower 
šcertificate fees.  Additionally, should there be language 
šensuring that the vehicle owner receive a receipt or proof of 
šcertification to guard against potential problems in the 
šelectronic transmission of smog check results?


POSITIONS: (Communicated to the committee before noon on 
            Wednesday, April 14, 1993.)

    SUPPORT:

    OPPOSED:
















                                                              04/14/93