California Senate Bill SB427 Amended / Bill

 BILL NUMBER: SB 427AMENDED BILL TEXT AMENDED IN ASSEMBLY MAY 20, 2010 AMENDED IN ASSEMBLY JUNE 22, 2009 AMENDED IN SENATE JUNE 1, 2009 AMENDED IN SENATE APRIL 23, 2009 AMENDED IN SENATE APRIL 2, 2009 INTRODUCED BY Senator Negrete McLeod FEBRUARY 26, 2009 An act to amend Sections 9875  , 9884.9,  and 9889.20 of, to amend, repeal, and add  Sections   Section  9884.8  and 9884.9  of, and to add Section 9884.76 to, the Business and Professions Code, relating to automotive repair. LEGISLATIVE COUNSEL'S DIGEST SB 427, as amended, Negrete McLeod. Automotive repair: crash parts. Existing law, the Automotive Repair Act, establishes the Bureau of Automotive Repair under the supervision and control of the Director of Consumer Affairs. The act provides for the registration and regulation of automotive repair dealers and authorizes the director to adopt regulations to implement its provisions. The act requires all work done by an automotive repair dealer to be recorded on an invoice that describes all service work done and parts supplied. The act requires the invoice to include a statement indicating whether any crash parts are original equipment manufacturer crash parts or nonoriginal equipment manufacturer aftermarket crash parts. The act also requires this information to be provided to a customer in an itemized written estimate when an automotive repair dealer is doing auto body or collision repairs. Existing law requires the automotive repair dealer to obtain authorization from the customer before performing work and imposing charges. A violation of the act is a crime. This bill would define "crash part" for purposes of the act. The bill would  require the first page of the itemized written estimate to include a notice, as specified, stating that installing parts other than those described on the estimate is unlawful and informing the customer of the toll-free telephone number of the bureau for a free car repair inspection. The bill would additionally  require an automotive repair dealer to provide on the  first   signature  page of the final invoice, a statement that installing parts other than those described on the estimate  without prior approval from the customer  is unlawful and informing the customer of the  Internet Web site and  toll-free telephone number of the bureau for  a free car repair inspection   more information  . The bill would make these provisions operative on January 1, 2011   2012  . The bill would specify that an automotive repair dealer who prepares  an   a written  estimate  , including   that includes  replacement of a  specified  deployed airbag  ,  and who fails to repair and fully restore the airbag, as specified, is guilty of a misdemeanor punishable by a fine, imprisonment, or both. Because a violation of the bill's provisions would be a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 9875 of the Business and Professions Code is amended to read: 9875. As used in this chapter, the following definitions shall apply: (a) "Insurer" includes an insurance company and any person authorized to represent the insurer with respect to a claim. (b) "Crash part" means any of the nonmechanical sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including inner and outer panels and exterior lighting; and shall also include the airbag in a motor vehicle's inflatable restraint system. (c) "Aftermarket crash part" means a replacement for any crash part. (d) "Nonoriginal equipment manufacturer aftermarket crash part" means aftermarket crash parts not made for or by the manufacturer of the motor vehicle. SEC. 2. Section 9884.76 is added to the Business and Professions Code, to read: 9884.76. Notwithstanding Section 9889.20, an automotive repair dealer who prepares a written estimate for repairs pursuant to Section 9884.9 that includes replacement of a deployed airbag that is part of an inflatable restraint system and who fails to repair and fully restore the airbag to original operating condition is guilty of a misdemeanor punishable by a fine of five thousand dollars ($5,000) or by imprisonment in the county jail for one year or by both that fine and imprisonment. SEC. 3. Section 9884.8 of the Business and Professions Code is amended to read: 9884.8. (a) All work done by an automotive repair dealer, including all warranty work, shall be recorded on an invoice and shall describe all service work done and parts supplied. Service work and parts shall be listed separately on the invoice, which shall also state separately the subtotal prices for service work and for parts, not including sales tax, and shall state separately the sales tax, if any, applicable to each. If any used, rebuilt, or reconditioned parts are supplied, the invoice shall clearly state that fact. If a part of a component system is composed of new and used, rebuilt or reconditioned parts, that invoice shall clearly state that fact. The invoice shall include a statement indicating whether any crash parts are original equipment manufacturer crash parts or nonoriginal equipment manufacturer aftermarket crash parts. One copy of the invoice shall be given to the customer and one copy shall be retained by the automotive repair dealer. (b) This section shall remain in effect only until January 1,  2011   2012  , and as of that date is repealed, unless a later enacted statute, that is enacted before January 1,  2011   2012  , deletes or extends that date. SEC. 4. Section 9884.8 is added to the Business and Professions Code, to read: 9884.8. (a) All work done by an automotive repair dealer, including all warranty work, shall be recorded on a final repair invoice and shall describe all service work done and parts installed. Service work and parts shall be listed separately on the repair invoice, which shall also state separately the subtotal prices for service work and for parts, not including sales tax, and shall state separately the sales tax, if any, applicable to each. If any used, rebuilt, or reconditioned parts are installed, the invoice shall clearly state that fact. If a part of a component system is composed of new and used, rebuilt, or reconditioned parts, that invoice shall clearly state that fact. The invoice shall include a statement indicating whether any crash parts are original equipment manufacturer crash parts or nonoriginal equipment manufacturer aftermarket crash parts. One copy of the final repair invoice shall be given to the customer and one copy shall be retained by the automotive repair dealer. (b) The  first   signature  page of the final repair invoice shall contain the following statement in 12-point boldface type or larger enclosed in a box: "INSTALLING A PART, OTHER THAN  A   THE TYPE OF  PART DESCRIBED  ON THE WRITTEN ESTIMATE, IS UNLAWFUL. IF YOU WOULD LIKE A FREE CAR REPAIR INSPECTION, PLEASE CALL THE BUREAU OF AUTOMOTIVE REPAIR AT (800) 952-5210."   ON THE WRITTEN ESTIMATE, WITHOUT PRIOR APPROVAL FROM THE CUSTOMER, IS UNLAWFUL. FOR ADDITIONAL INFORMATION, CONTACT THE BUREAU OF AUTOMOTIVE REPAIR AT www.autorepair.ca.gov OR CALL (800) 952-5200."  (c) This section shall become operative on January 1,  2011   2012  . SEC. 5. Section 9884.9 of the Business and Professions Code is amended to read: 9884.9. (a) The automotive repair dealer shall give to the customer a written estimated price for labor and parts necessary for a specific job. No work shall be done and no charges shall accrue before authorization to proceed is obtained from the customer. No charge shall be made for work done or parts  supplied   installed  in excess of the estimated price without the oral or written consent of the customer that shall be obtained at some time after it is determined that the estimated price is insufficient and before the work not estimated is done or the parts not estimated are  supplied   installed  . Written consent or authorization for an increase in the original estimated price may be provided by electronic mail or facsimile transmission from the customer. The bureau may specify in regulation the procedures to be followed by an automotive repair dealer if an authorization or consent for an increase in the original estimated price is provided by electronic mail or facsimile transmission. If that consent is oral, the dealer shall make a notation on the work order of the date, time, name of person authorizing the additional repairs, and telephone number called, if any, together with a specification of the additional parts and labor and the total additional cost, and shall do either of the following: (1) Make a notation on the  repair  invoice of the same facts set forth in the notation on the work order. (2) Upon completion of the repairs, obtain the customer's signature or initials to an acknowledgment of notice and consent, if there is an oral consent of the customer to additional repairs, in the following language: ""I acknowledge notice and oral approval of an increase in the original estimated price. ______________________________ (signature or initials)'' Nothing in this section shall be construed as requiring an automotive repair dealer to give a written estimated price if the dealer does not agree to perform the requested repair. (b) The automotive repair dealer shall include with the written estimated price a statement of any automotive repair service that, if required to be done, will be done by someone other than the dealer or his or her employees. No service shall be done by  anyone  other than the dealer or his or her employees without the consent of the customer, unless the customer cannot reasonably be notified. The dealer shall be responsible, in any case, for any service in the same manner as if the dealer or his or her employees had done the service. (c) In addition to subdivisions (a) and (b), an automotive repair dealer, when doing auto body or collision repairs, shall provide an itemized written estimate for all parts and labor to the customer. The  written  estimate shall describe labor and parts separately and shall identify each part, indicating whether the replacement part is new, used, rebuilt, or reconditioned. Each crash part shall be identified on the written estimate and the written estimate shall indicate whether the crash part is an original equipment manufacturer crash part or a nonoriginal equipment manufacturer aftermarket crash part. (d) A customer may designate another person to authorize work or parts supplied in excess of the estimated price, if the designation is made in writing at the time that the initial authorization to proceed is signed by the customer. The bureau may specify in regulation the form and content of a designation and the procedures to be followed by the automotive repair dealer in recording the designation. For the purposes of this section, a designee shall not be the automotive repair dealer providing 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.  (e) This section shall remain in effect only until January 1, 2011, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2011, deletes or extends that date.   SEC. 6.   Section 9884.9 is added to the Business and Professions Code, to read: 9884.9. (a) The automotive repair dealer shall give to the customer a written estimated price for labor and parts necessary for a specific job. No work shall be done and no charges shall accrue before authorization to proceed is obtained from the customer. No charge shall be made for work done or parts installed in excess of the estimated price without the oral or written consent of the customer that shall be obtained at some time after it is determined that the estimated price is insufficient and before the work not estimated is done or the parts not estimated are installed. Written consent or authorization for an increase in the original estimated price may be provided by electronic mail or facsimile transmission from the customer. The bureau may specify in regulation the procedures to be followed by an automotive repair dealer if an authorization or consent for an increase in the original estimated price is provided by electronic mail or facsimile transmission. If that consent is oral, the dealer shall make a notation on the work order of the date, time, name of person authorizing the additional repairs, and telephone number called, if any, together with a specification of the additional parts and labor and the total additional cost, and shall do either of the following: (1) Make a notation on the repair invoice of the same facts set forth in the notation on the work order. (2) Upon completion of the repairs, obtain the customer's signature or initials to an acknowledgment of notice and consent, if there is an oral consent of the customer to additional repairs, in the following language: ""I acknowledge notice and oral approval of an increase in the original estimated price. ______________________________ (signature or initials)'' Nothing in this section shall be construed as requiring an automotive repair dealer to give a written estimated price if the dealer does not agree to perform the requested repair. (b) The automotive repair dealer shall include with the written estimated price a statement of any automotive repair service that, if required to be done, will be done by someone other than the dealer or his or her employees. No service shall be done by anyone other than the dealer or his or her employees without the consent of the customer, unless the customer cannot reasonably be notified. The dealer shall be responsible, in any case, for any service in the same manner as if the dealer or his or her employees had done the service. (c) In addition to subdivisions (a) and (b), an automotive repair dealer, when doing auto body or collision repairs, shall provide an itemized written estimate for all parts and labor to the customer. The written estimate shall describe labor and parts separately and shall identify each part, indicating whether the replacement part is new, used, rebuilt, or reconditioned. Each crash part shall be identified on the written estimate and the written estimate shall indicate whether the crash part is an original equipment manufacturer crash part or a nonoriginal equipment manufacturer aftermarket crash part. In all instances, the first page of the written estimate shall contain a notice with the following information in 12-point boldface type or larger enclosed in a box: "INSTALLING A PART, OTHER THAN A PART DESCRIBED ON THE WRITTEN ESTIMATE, IS UNLAWFUL. IF YOU WOULD LIKE A FREE CAR REPAIR INSPECTION, PLEASE CALL THE BUREAU OF AUTOMOTIVE REPAIR AT (800) 952-5210." (d) A customer may designate another person to authorize work or parts supplied in excess of the estimated price, if the designation is made in writing at the time that the initial authorization to proceed is signed by the customer. The bureau may specify in regulation the form and content of a designation and the procedures to be followed by the automotive repair dealer in recording the designation. For the purposes of this section, a designee shall not be the automotive repair dealer providing 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. (e) This section shall become operative on January 1, 2011.   SEC. 7.   SEC. 6.  Section 9889.20 of the Business and Professions Code is amended to read: 9889.20. Except as otherwise provided in Sections 9884.76 and 9889.21, any person who fails to comply in any respect with the provisions of this chapter is guilty of a misdemeanor and punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment not exceeding six months, or by both  such   that  fine and imprisonment.  SEC. 8.   SEC. 7  No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.