Today's Law As Amended


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



As Amends the Law Today


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.
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 and parts supplied.  , 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.
Section 9884.11 of the Business and Professions Code is amended to read:

9884.11.
 (a) Each automotive repair dealer shall maintain
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.
Each (b)   automotive repair dealer shall maintain any records that are required by regulations adopted to carry out this chapter. Those records  The records required by the section  shall be open for reasonable inspection by the chief or other law enforcement officials. All of those records shall be maintained for at least three years. 
(c) The records required by the section shall be maintained for at least three years.

SEC. 4.

 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 related to the operation of any automotive repair dealer’s place of business .
(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
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. Upon request, the director shall make available information on disciplinary actions to all registered automotive repair dealers.
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 IS AVAILABLE AT THIS LOCATION UPON REQUEST. IF IT IS NOT AVAILABLE, PLEASE CALL THE BUREAU OF AUTOMOTIVE REPAIR AT 1-800-952-5210.”
9889.39.
 (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.
9889.40.
 (a) The bureau shall provide a document to each
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.
(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.
9889.41.
 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.
9889.42.
 It is unlawful for an automotive repair dealer to display a report card that contains inaccurate information relating 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.
9889.43.
 The bureau may assess a fee of fifty dollars ($50) for every place of business to which it issues a report card.
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.
9889.45.
 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. 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.