BILL ANALYSIS                                                                                                                                                                                                                              THIRD READING



                                                         SB 521

                                                         Presley (D)

                                                         5/26/93

                                                         21



















SUBJECT:  Automotive repairs and inspections

SOURCE:   Department of Consumer Affairs
____________________________________________________________________________

DIGEST:  This bill would specifically establish the authority of the 
šBureau of Automotive Repair to suspend or revoke the automotive repair 
šlicense of a licensee in violation of smog check or related laws.  The bill 
šwould authorize the use of an electronic (paperless) smog check compliance 
šcertificate and would make several technical and corrective changes in 
šprovisions related to automotive repair activities.

ANALYSIS:  Existing law authorizes the Director of Consumer Affairs, 
šunder certain specified circumstances, to refuse to validate, or invalidate 
štemporarily or permanently, the registration of an automotive repair dealer 
šfor certain acts or omissions including failure to comply with the 
šAutomotive Repair Act.  If disciplinary action is pursued, the Bureau of 
šAutomotive Repair (BAR) may seek action against other BAR licenses held by 
šthe individual.  The Automotive Repair Act, however, does not specifically 
šauthorize actions against a licensee's automotive repair dealer 
šregistration for a violation of smog check or lamp and brake laws.

This bill would authorize the Director of Consumer Affairs to suspend or 
šrevoke the automotive repair registration or any automotive repair license 
šof a licensee who violates vehicle inspection (smog check) laws or 
šregulations, or who violates lamp and brake repair provisions. 



Existing law authorizes the Department of Motor Vehicles (DMV) to prescribe 
šthe form of the smog certificate of compliance or noncompliance.  The 
šcurrent compliance certificate is a paper one which is issued to the 
švehicle owner and subsequently submitted to the department with other 
šregistration documents.  Over 10 million certificates were issued in 1991-
š92, for which motorists were charged $7 each.

This bill would provide that the form of the certificate may be electronic 
šor otherwise, and would require the department to adopt procedures and 
šrequirements ensuring that the vehicle owner receives documentation 
ševidencing the vehicle inspection.  The bill would specify that an 
šelectronic certificate may be authorized by the department, providing that 
šthe issuance results in no additional cost to any state agency.

Various provisions of the Business and Professions Code related to 
šautomotive repairs reference dates, programs or activities which are 
šobsolete.

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

FISCAL EFFECT:   Appropriation:  No   Fiscal Committee:  Yes   Local:  No

SUPPORT:  (Verified 5/26/93)

Department of Consumer Affairs (source)

ARGUMENTS IN SUPPORT:  According to the author's office, the BAR and 
šDMV have conducted a limited test at smog check referee stations of the use 
šof electronic smog certification information techniques and equipment.  
šThey now believe that a "paperless certificate" is feasible.

The electronic certificate is touted, among other reasons, as a way to 
šreduce the handling of millions of documents and associated costs.

The Department of Consumer Affairs states that this bill "will provide 
šamendments to revise, clarify, and correct several laws within the 
šAutomotive Repair Act.  SB 521 will give the Bureau of Automotive Repair 
š(BAR) the flexibility to issue a smog certificate by electronic means in 
šaddition to the existing paper certificate.  The provisions of this bill 
šwill enable the Department and the BAR to more effectively serve those 
šaffected by its programs."


RJG:ctl 5/26/93  Senate Floor Analyses











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