Bill Text

PDF |Add To My Favorites |Track Bill | print page

AB-3141 Bureau of Automotive Repair.(2017-2018)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 04/25/2018 09:00 PM
AB3141:v98#DOCUMENT

Amended  IN  Assembly  April 25, 2018

CALIFORNIA LEGISLATURE— 2017–2018 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


An act to amend Section 9882 of the Business and Professions Code, and to amend Section 1808.51 of the Vehicle Code, relating to professions and vocations. the Bureau of Automotive Repair.


LEGISLATIVE COUNSEL'S DIGEST


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

Existing

(1) 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 that 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bureau be subject to review by the appropriate policy committees of the Legislature as if the act was scheduled to be repealed on January 1, 2019.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bureau be subject to review by the appropriate policy committees of the Legislature as if the act was scheduled to be repealed on January 1, 2023.
(2) Existing law authorizes the Bureau of Real Estate to obtain copies of fullface engraved pictures or photographs of individuals directly from the Department of Motor Vehicles for purposes of enforcing specified laws. Existing law also authorizes the city attorney of a city and county and his or her investigators to obtain copies of these records directly from the department for purposes of performing functions related to city and county operations.
This bill would authorize the Bureau of Automotive Repair to obtain copies of the records described above directly from the department for purposes of enforcing the Automotive Repair Act and the Motor Vehicle Inspection Program.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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, 2023.

SEC. 2.

 Section 1808.51 of the Vehicle Code is amended to read:

1808.51.
 Notwithstanding Sections 1808.5 and 12800.5, both any of the following may obtain copies of fullface engraved pictures or photographs of individuals directly from the department:
(a) The Bureau of Real Estate, as a department, individually, or through its staff, for purposes of enforcing the Real Estate Law (Part 1 (commencing with Section 10000) of Division 4 of the Business and Professions Code) or the Subdivided Lands Law (Chapter 1 (commencing with Section 11000) of Part 2 of Division 4 of the Business and Professions Code).
(b) The city attorney of a city and county and his or her investigators for purposes of performing functions related to city and county operations.
(c) The Bureau of Automotive Repair, as a department, individually, or through its staff, for purposes of enforcing the Automotive Repair Act (Chapter 20.3 (commencing with Section 9880) of Division 3 of the Business and Professions Code) or the Motor Vehicle Inspection Program (Chapter 5 (commencing with Section 44000) of Part 5 of Division 26 of the Health and Safety Code).