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AB-761 Automotive repair: report card pilot program.(2003-2004)

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AB761:v98#DOCUMENT

Amended  IN  Assembly  March 24, 2003

CALIFORNIA LEGISLATURE— 2003–2004 REGULAR SESSION

Assembly Bill
No. 761

Introduced  by  Assembly Member Oropeza

February 19, 2003

An act to amend Sections 9884 and 9884.8 of, to add Article 3.5 (commencing with Section 9885) to, and to add and repeal Article 10.1 An act to amend Sections 9884.8 and 9884.11 of, and to add and repeal Article 10.1 (commencing with Section 9889.35) of, Chapter 20.3 of Division 3 of, the Business and Professions Code, relating to automotive repair.


LEGISLATIVE COUNSEL'S DIGEST


AB 761, as amended, Oropeza. Automotive repair: report card pilot program.
Existing law, the Automotive Repair Act, establishes the Bureau of Automotive Repair within the Department of Consumer Affairs. The act requires an automotive repair dealer to register with the Director of Consumer Affairs maintain and make available records designated by regulations adopted under the act and to comply with specified requirements standards in the operation of its business. The act makes a violation of its provisions a crime.
This bill would require an automotive repair dealer to include in its registration maintain and make available records containing specified information concerning its employees. The bill would also require the director to establish a certification program for automotive technicians. The bill would additionally require the bureau, until January 1, 2008, to establish an Automotive Repair Report Card Pilot Program in the Cities of Los Angeles and San Jose. The bill would require the director to issue a report card for each place of business in those cities operated by an automotive repair dealer. The bill would specify that the report card reflect the dealer’s disciplinary actions and the certification status of its automotive technicians and would require the dealer to post the report card at its place of business. The bill would require the director to report to the Legislature before May 1, 2006, concerning whether the pilot program should be extended statewide.
Because the bill would add requirements to the Automotive Repair Act, the violation of which is punishable as a crime, it 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   Local Program: YES  

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


SECTION 1.

 It is the intent of the Legislature that the general public be provided with immediate and sufficient information to ensure the safe and competent repair of their motor vehicles. Automotive repair is vital to the health, safety, and welfare of the general public, particularly our children.
SEC. 2.Section 9884 of the Business and Professions Code is amended to read:
9884.

(a)An automotive repair dealer shall pay the fee required by this chapter for each place of business operated by the dealer in this state and shall register with the director upon forms prescribed by the director.

(b)The forms shall contain sufficient information to identify the automotive repair dealer, including name, address of each location, a statement by the dealer that each location is in an area that, pursuant to local zoning ordinances, permits the operation of a facility for the repair of motor vehicles, the dealer’s retail seller’s permit number, if a permit is required under the Sales and Use Tax Law (Part 1 (commencing with Section 6001), Division 2, Revenue and Taxation Code), and other identifying data that are prescribed by the director. If the business is to be carried on under a fictitious name, the fictitious name shall be stated. To the extent prescribed by the director, an automotive repair dealer shall identify the owners, directors, officers, partners, members, trustees, managers, and any other persons who directly or indirectly control or conduct the business. The forms shall include a statement signed by the dealer under penalty of perjury that the information provided is true.

(c)In addition to the information described in subdivision (b), the forms shall require the automotive repair dealer to provide the following information:

(1)For each of the dealer’s automotive technicians and automotive technician apprentices and for each employee who records invoices pursuant to Section 9884.8, or prepares written estimates pursuant to Section 9884.9, the name, principal residential address, date of birth, driver’s license number or identification card number and the state that issued the license or identification card. This information shall be provided on the registration for each place of business where the automotive technician, automotive technician apprentice, or employee works.

(2)For each automotive technician, the certification status, including the name and principal address of the certifying entity, the date of certification, and the certification classification.

(3)For each automotive technician apprentice, the date his or her apprenticeship began and the name of his or her supervising automotive technician.

(d)If there is a material change in the information described in subdivision (c), the automotive repair dealer shall file with the bureau, on a form it prescribes, notification of the change within 10 days of the date it occurred. The bureau shall adopt regulations defining “material change” for this purpose. The automotive repair dealer shall pay the bureau a fee of fifty dollars ($50) for each filing made under this subdivision. The bureau shall send the automotive repair dealer confirmation of the filing upon receipt of the notification form and filing fee.

(e)A state agency is not authorized or required by this section to enforce a city, county, regional, air pollution control district, or air quality management district rule or regulation regarding the site or operation of a facility that repairs motor vehicles.
SEC. 3.

Section 9884.8 of the Business and Professions Code is amended to read:

9884.8.
 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 , all parts supplied, and the name of the automotive technician who performed each repair or any portion thereof. 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.

SEC. 4.Article 3.5 (commencing with Section 9885) is added to Chapter 20.3 of Division 3 of the Business and Professions Code, to read:
3.5.Certification Procedure
9885.

An automotive technician may apply to the director for certification.

9885.1.

The director shall adopt regulations specifying the standards for certification that shall include one or more of the following requirements:

(a)The satisfactory completion of a written or practical examination relating to automotive repair that may be an examination offered by a national or regional automotive organization.

(b)The satisfactory completion of an apprenticeship training program in the field of automotive repair.

(c)The satisfactory completion of other training programs.
SEC. 5.

Section 9884.11 of the Business and Professions Code is amended to read:

9884.11.
 (a) Each automotive repair dealer shall maintain any
the following records:
(1) The name, principal residential address, date of birth, and driver’s license number or identification card number and the state that issued the license or identification card for each of the dealer’s automotive technicians and automotive technician apprentices and for each of its employees who record invoices pursuant to Section 9884.8 or prepare written estimates pursuant to Section 9884.9. This information shall be recorded on forms prescribed by the director.
(2) Any other records that are required by regulations adopted to carry out this chapter. Those
(b) The records required by the section shall be open for reasonable inspection by the chief or other law enforcement officials. All of those
(c) The records required by the section shall be maintained for at least three years.

Article 10.1 (commencing with Section 9889.35) is added to Chapter 20.3 of Division 3 of the Business and Professions Code, to read:
Article  10.1. Automotive Repair Report Card Pilot Program

9889.35.
 The bureau shall implement a pilot program known as the Automotive Repair Report Card Pilot Program in the Cities of Los Angeles and San Jose. The pilot program shall be conducted between January 1, 2004, and December 31, 2007.

9889.36.
 The director shall issue a report card for each automotive repair dealer registered pursuant to Section 9884 that operates a place of business in the City of Los Angeles or San Jose.

9889.37.
 (a) (1) The director shall designate on the top portion of the report card if disciplinary actions exist against any of the following:
(A) The automotive repair dealer, or its officers if the dealer is a corporation.
(B) The automotive technicians employed by the dealer.
(C) The automotive technician apprentices employed by the dealer.
(D) The employees of the dealer who prepare estimates or record invoices.
(2) “Disciplinary actions” mean all administrative findings and determinations, civil judgments in actions initiated by a governmental entity, and all criminal convictions if they occurred at the related to the operation of any automotive repair dealer’s place of business or were related to its operation..
(b) (1) If disciplinary actions exist for any person described in subdivision (a) and the disciplinary action relates to theft, fraud, conspiracy, embezzlement, forgery, false advertising, or a violation of Section 550 or 551 of the Penal Code, the top portion of the report card shall contain a “Violation Red Ball” symbol, depicted by a bright red circle with an intersecting horizontal rectangle containing the word “violation.” This symbol shall remain on the report card for the following durations:

(1)Five years from the date of entry of a disciplinary action that relates to theft, fraud, conspiracy, embezzlement, forgery, false advertising, or a violation of Section 550 or 551 of the Penal Code.

(2)Three years from the date of the conviction for a violation of Section 9884.7, 9884.8, or 9884.9.

(3)One year from the date of entry of all other disciplinary actions. duration of five years from the date of entry of the disciplinary action.
(2) If disciplinary actions exist for any person described in subdivision (a) and the disciplinary action relates to a violation of Section 9884, 9884.8, or 9884.9, the top portion of the report card shall contain a “Violation Yellow Ball” symbol, depicted by a bright yellow circle with an intersecting horizontal rectangle containing the word “violation.” This symbol shall remain on the report card for the duration of three years from the date of entry of the disciplinary action.
(3) If disciplinary actions exist for any person described in subdivision (a) and the disciplinary action relates to any other disciplinary action, the top portion of the report card shall contain a “Violation Yellow Ball” symbol, depicted by a bright yellow circle with an intersecting horizontal rectangle containing the word “violation.” This symbol shall remain on the report card for the duration of one year from the date of entry of the disciplinary action.
(c) If no disciplinary actions exist for any person described in subdivision (a), the top portion of the report card shall contain a “No Violation Green Ball” symbol, depicted by a bright green circle with an intersecting horizontal rectangle containing the words “no violations.”
(d) A disciplinary action against a person described in subdivision (a) shall be designated on the report card for the period described in subdivision (b) if the person operates a place of business or is employed at a place of business other than the one where the conduct related to that disciplinary action occurred. The Upon request, the director shall make available information on disciplinary actions to all registered automotive repair dealers.

9889.38.

(a)The director shall designate in the middle portion of the report card the certification status, pursuant to Article 3.5 (commencing with Section 9885), of the automotive technicians employed by the automotive repair dealer.

(b)The middle portion of the report card shall contain a “Not Certified Red Ball” symbol, depicted by a bright red circle with an intersecting horizontal rectangle containing the words “Not Certified” if any of the following exist:

(1)One or more automotive technicians employed by the dealer is not certified pursuant to Article 3.5 (commencing with Section 9885).

(2)The dealer advertises or represents itself as specializing in an automotive repair area and one or more of the automotive technicians employed by the dealer is not certified pursuant to Article 3.5 (commencing with Section 9885) in that particular automotive repair area.

(3)Employment of an automotive technician apprentice by the dealer who does not comply with all of the requirements described in subdivision (c).

(c)The middle portion of the report card shall contain a “Certified Green Ball” symbol depicted by a bright green ball with an intersecting horizontal rectangle containing the word “Certified” if all the automotive technicians employed by the dealer are certified. If the dealer advertises or represents itself as specializing in an automotive repair area, the report card shall contain this symbol if all of the automotive technicians are certified, pursuant to Article 3.5 (commencing with Section 9885), in that particular automotive repair area. The employment of an automotive technician apprentice shall not affect this designation if all of the following exist:

(1)The apprentice has been employed in that capacity at any place of business operated by the dealer for a total period of less than six months.

(2)The apprentice is directly supervised by a certified automotive technician while performing any repair.

(3)The dealer has notified the bureau of its employment of the apprentice, including the name of the apprentice, the commencement of his or her employment in that capacity, and the name of his or her supervising certified automotive technician.

9889.39.

9889.38.
 The bottom portion of the report card shall inform consumers that information pertaining to the report card is available, upon request, from the automotive repair dealer, stating the following verbatim:
“INFORMATION ABOUT THE AUTOMOTIVE REPAIR REPORT CARD PROGRAM AND THIS AUTOMOTIVE REPAIR DEALER’S HISTORY OF DISCIPLINE AND THE CERTIFICATION STATUS OF ITS AUTOMOTIVE TECHNICIANS IS AVAILABLE AT THIS LOCATION UPON REQUEST. IF IT IS NOT AVAILABLE, PLEASE CALL THE BUREAU OF AUTOMOTIVE REPAIR AT ____ 1-800-952-5210.”

9889.40.

9889.39.
 (a) The automotive repair dealer shall post at each place of business it operates in the City of Los Angeles or San Jose, the report card to be clearly visible to the general public and to customers in one of the following sites:
(1) In the front window of the place of business within five feet of the front door.
(2) In a display case mounted on the outside front wall of the place of business within five feet of the front door.
(3) In a location as directed and determined by the bureau to ensure proper notice to the general public and to customers.
(b) The report card shall not be defaced, marred, camouflaged, hidden, or removed.

9889.41.

9889.40.
 (a) The bureau shall provide a document to each automotive repair dealer containing the following information:
(1)For each disciplinary action, the title of the case, the section automotive repair dealer identifying for each disciplinary action, the title of the case, the section or law violated, the date of the violation, and the name of the administrative body or court that made or issued the finding or judgment or conviction.

(2)The name of each automotive technician registered at the location, the certification status of each automotive technician, the date of certification, and the classifications for which the automotive technician is certified.

(b) The automotive repair dealer shall maintain this document at its place of business and shall make this document available to the general public and to its customers for review upon request.

9889.42.

9889.41.
 The bureau shall issue and provide the automotive repair dealer with a pamphlet explaining the provisions of this article. The pamphlet shall be made available in English and in any other languages principally spoken by the residents of the City of Los Angeles or San Jose. The pamphlet shall contain the telephone number and address of the local office of the bureau. The dealer shall make this pamphlet available to the general public and to its customers for review upon request.

9889.43.

9889.42.
 It is unlawful for an automotive repair dealer to display a report card that contains inaccurate information relating to disciplinary actions or certification status of an automotive technician, to disciplinary actions if the dealer knows or by exercising reasonable care, should know the information is inaccurate. A dealer shall post a “Temporary Report Card” in its place within 24 hours of the time it knew or should have known of the inaccurate information. The bureau shall make “temporary report cards” available at all of its branch offices.

9889.44.

9889.43.
 The bureau may assess a fee of fifty dollars ($50) for every place of business to which it issues a report card.

9889.45.

9889.44.
 Not later than May 1, 2006, the director shall prepare and transmit a report to the Legislature assessing the merits of extending the pilot program throughout the state.

9889.46.

9889.45.
 This article shall remain in effect until January 1, 2008, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2008, deletes or extends that date.

SEC. 6.

SEC. 5.

 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.