California 2017 2017-2018 Regular Session

California Assembly Bill AB3141 Introduced / Bill

Filed 02/16/2018

                    CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 3141Introduced by Committee on Business and Professions (Assembly Members Low (Chair), Brough (Vice Chair), Bloom, Chiu, Cunningham, Holden, Irwin, Mullin, and Steinorth)February 16, 2018 An act to amend Section 9882 of the Business and Professions Code, relating to professions and vocations. LEGISLATIVE COUNSEL'S DIGESTAB 3141, as introduced, Committee on Business and Professions. Automotive repair: Bureau of Automotive Repair.Existing law, the Automotive Repair Act, provides for the licensure and regulation of automotive repair dealers. Under existing law, there is a Bureau of Automotive Repair, which is under the supervision of the Director of Consumer Affairs. Existing law vests the duty of enforcing and administering the act in the Chief of the Bureau of Automotive Repair and makes the chief responsible to the director. Existing law requires that the powers and duties of the bureau be subject to review by the appropriate policy committees of the Legislature as if the act was scheduled to be repealed on January 1, 2019.This bill would instead provide that the powers and duties of the bureau be subject to review by the appropriate policy committees of the Legislature as if the act was scheduled to be repealed on January 1, 2023.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 9882 of the Business and Professions Code is amended to read:9882. (a) There is in the Department of Consumer Affairs a Bureau of Automotive Repair under the supervision and control of the director. The duty of enforcing and administering this chapter is vested in the chief who is responsible to the director. The director may adopt and enforce those rules and regulations that he or she determines are reasonably necessary to carry out the purposes of this chapter and declaring the policy of the bureau, including a system for the issuance of citations for violations of this chapter as specified in Section 125.9. These rules and regulations shall be adopted pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.(b) Notwithstanding any other law, the powers and duties of the bureau, as set forth in this article and under the Automotive Repair Act, shall be subject to review by the appropriate policy committees of the Legislature. In that review, the bureau shall have the burden of demonstrating a compelling public need for the continued existence of the bureau and its regulatory program, and that its function is the least restrictive regulation consistent with the public health, safety, and welfare. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2019. 2023.

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 3141Introduced by Committee on Business and Professions (Assembly Members Low (Chair), Brough (Vice Chair), Bloom, Chiu, Cunningham, Holden, Irwin, Mullin, and Steinorth)February 16, 2018 An act to amend Section 9882 of the Business and Professions Code, relating to professions and vocations. LEGISLATIVE COUNSEL'S DIGESTAB 3141, as introduced, Committee on Business and Professions. Automotive repair: Bureau of Automotive Repair.Existing law, the Automotive Repair Act, provides for the licensure and regulation of automotive repair dealers. Under existing law, there is a Bureau of Automotive Repair, which is under the supervision of the Director of Consumer Affairs. Existing law vests the duty of enforcing and administering the act in the Chief of the Bureau of Automotive Repair and makes the chief responsible to the director. Existing law requires that the powers and duties of the bureau be subject to review by the appropriate policy committees of the Legislature as if the act was scheduled to be repealed on January 1, 2019.This bill would instead provide that the powers and duties of the bureau be subject to review by the appropriate policy committees of the Legislature as if the act was scheduled to be repealed on January 1, 2023.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 





 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Assembly Bill No. 3141

Introduced by Committee on Business and Professions (Assembly Members Low (Chair), Brough (Vice Chair), Bloom, Chiu, Cunningham, Holden, Irwin, Mullin, and Steinorth)February 16, 2018

Introduced by Committee on Business and Professions (Assembly Members Low (Chair), Brough (Vice Chair), Bloom, Chiu, Cunningham, Holden, Irwin, Mullin, and Steinorth)
February 16, 2018

 An act to amend Section 9882 of the Business and Professions Code, relating to professions and vocations. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 3141, as introduced, Committee on Business and Professions. Automotive repair: Bureau of Automotive Repair.

Existing law, the Automotive Repair Act, provides for the licensure and regulation of automotive repair dealers. Under existing law, there is a Bureau of Automotive Repair, which is under the supervision of the Director of Consumer Affairs. Existing law vests the duty of enforcing and administering the act in the Chief of the Bureau of Automotive Repair and makes the chief responsible to the director. Existing law requires that the powers and duties of the bureau be subject to review by the appropriate policy committees of the Legislature as if the act was scheduled to be repealed on January 1, 2019.This bill would instead provide that the powers and duties of the bureau be subject to review by the appropriate policy committees of the Legislature as if the act was scheduled to be repealed on January 1, 2023.

Existing law, the Automotive Repair Act, provides for the licensure and regulation of automotive repair dealers. Under existing law, there is a Bureau of Automotive Repair, which is under the supervision of the Director of Consumer Affairs. Existing law vests the duty of enforcing and administering the act in the Chief of the Bureau of Automotive Repair and makes the chief responsible to the director. Existing law requires that the powers and duties of the bureau be subject to review by the appropriate policy committees of the Legislature as if the act was scheduled to be repealed on January 1, 2019.

This bill would instead provide that the powers and duties of the bureau be subject to review by the appropriate policy committees of the Legislature as if the act was scheduled to be repealed on January 1, 2023.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 9882 of the Business and Professions Code is amended to read:9882. (a) There is in the Department of Consumer Affairs a Bureau of Automotive Repair under the supervision and control of the director. The duty of enforcing and administering this chapter is vested in the chief who is responsible to the director. The director may adopt and enforce those rules and regulations that he or she determines are reasonably necessary to carry out the purposes of this chapter and declaring the policy of the bureau, including a system for the issuance of citations for violations of this chapter as specified in Section 125.9. These rules and regulations shall be adopted pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.(b) Notwithstanding any other law, the powers and duties of the bureau, as set forth in this article and under the Automotive Repair Act, shall be subject to review by the appropriate policy committees of the Legislature. In that review, the bureau shall have the burden of demonstrating a compelling public need for the continued existence of the bureau and its regulatory program, and that its function is the least restrictive regulation consistent with the public health, safety, and welfare. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2019. 2023.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 9882 of the Business and Professions Code is amended to read:9882. (a) There is in the Department of Consumer Affairs a Bureau of Automotive Repair under the supervision and control of the director. The duty of enforcing and administering this chapter is vested in the chief who is responsible to the director. The director may adopt and enforce those rules and regulations that he or she determines are reasonably necessary to carry out the purposes of this chapter and declaring the policy of the bureau, including a system for the issuance of citations for violations of this chapter as specified in Section 125.9. These rules and regulations shall be adopted pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.(b) Notwithstanding any other law, the powers and duties of the bureau, as set forth in this article and under the Automotive Repair Act, shall be subject to review by the appropriate policy committees of the Legislature. In that review, the bureau shall have the burden of demonstrating a compelling public need for the continued existence of the bureau and its regulatory program, and that its function is the least restrictive regulation consistent with the public health, safety, and welfare. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2019. 2023.

SECTION 1. Section 9882 of the Business and Professions Code is amended to read:

### SECTION 1.

9882. (a) There is in the Department of Consumer Affairs a Bureau of Automotive Repair under the supervision and control of the director. The duty of enforcing and administering this chapter is vested in the chief who is responsible to the director. The director may adopt and enforce those rules and regulations that he or she determines are reasonably necessary to carry out the purposes of this chapter and declaring the policy of the bureau, including a system for the issuance of citations for violations of this chapter as specified in Section 125.9. These rules and regulations shall be adopted pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.(b) Notwithstanding any other law, the powers and duties of the bureau, as set forth in this article and under the Automotive Repair Act, shall be subject to review by the appropriate policy committees of the Legislature. In that review, the bureau shall have the burden of demonstrating a compelling public need for the continued existence of the bureau and its regulatory program, and that its function is the least restrictive regulation consistent with the public health, safety, and welfare. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2019. 2023.

9882. (a) There is in the Department of Consumer Affairs a Bureau of Automotive Repair under the supervision and control of the director. The duty of enforcing and administering this chapter is vested in the chief who is responsible to the director. The director may adopt and enforce those rules and regulations that he or she determines are reasonably necessary to carry out the purposes of this chapter and declaring the policy of the bureau, including a system for the issuance of citations for violations of this chapter as specified in Section 125.9. These rules and regulations shall be adopted pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.(b) Notwithstanding any other law, the powers and duties of the bureau, as set forth in this article and under the Automotive Repair Act, shall be subject to review by the appropriate policy committees of the Legislature. In that review, the bureau shall have the burden of demonstrating a compelling public need for the continued existence of the bureau and its regulatory program, and that its function is the least restrictive regulation consistent with the public health, safety, and welfare. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2019. 2023.

9882. (a) There is in the Department of Consumer Affairs a Bureau of Automotive Repair under the supervision and control of the director. The duty of enforcing and administering this chapter is vested in the chief who is responsible to the director. The director may adopt and enforce those rules and regulations that he or she determines are reasonably necessary to carry out the purposes of this chapter and declaring the policy of the bureau, including a system for the issuance of citations for violations of this chapter as specified in Section 125.9. These rules and regulations shall be adopted pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.(b) Notwithstanding any other law, the powers and duties of the bureau, as set forth in this article and under the Automotive Repair Act, shall be subject to review by the appropriate policy committees of the Legislature. In that review, the bureau shall have the burden of demonstrating a compelling public need for the continued existence of the bureau and its regulatory program, and that its function is the least restrictive regulation consistent with the public health, safety, and welfare. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2019. 2023.



9882. (a) There is in the Department of Consumer Affairs a Bureau of Automotive Repair under the supervision and control of the director. The duty of enforcing and administering this chapter is vested in the chief who is responsible to the director. The director may adopt and enforce those rules and regulations that he or she determines are reasonably necessary to carry out the purposes of this chapter and declaring the policy of the bureau, including a system for the issuance of citations for violations of this chapter as specified in Section 125.9. These rules and regulations shall be adopted pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(b) Notwithstanding any other law, the powers and duties of the bureau, as set forth in this article and under the Automotive Repair Act, shall be subject to review by the appropriate policy committees of the Legislature. In that review, the bureau shall have the burden of demonstrating a compelling public need for the continued existence of the bureau and its regulatory program, and that its function is the least restrictive regulation consistent with the public health, safety, and welfare. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2019. 2023.