Bill Text: CA AB1174 | 2015-2016 | Regular Session | Enrolled
Bill Title: Automotive Repair Act: violations: regulations: reports.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Vetoed) 2016-09-22 - Vetoed by Governor. [AB1174 Detail]
Download: California-2015-AB1174-Enrolled.html
BILL NUMBER: AB 1174 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 18, 2016
PASSED THE ASSEMBLY AUGUST 30, 2016
AMENDED IN SENATE AUGUST 2, 2016
AMENDED IN SENATE JUNE 20, 2016
AMENDED IN SENATE JUNE 8, 2016
AMENDED IN SENATE MARCH 7, 2016
AMENDED IN ASSEMBLY JANUARY 4, 2016
AMENDED IN ASSEMBLY APRIL 20, 2015
INTRODUCED BY Assembly Member Bonilla
FEBRUARY 27, 2015
An act to amend Section 9882 of, and to add Sections 9882.6 and
9882.7 to, the Business and Professions Code, relating to automotive
repair.
LEGISLATIVE COUNSEL'S DIGEST
AB 1174, Bonilla. Automotive Repair Act: violations: regulations:
reports.
The Automotive Repair Act provides for the licensure and
regulation of automotive repair dealers, among others, by the Chief
of the Bureau of Automotive Repair under the supervision and control
of the Director of Consumer Affairs. The act requires the director,
on the director's initiative or in response to a complaint, to
investigate a violation of the act, or of any regulation adopted
pursuant to the act, by any automotive repair dealer, automotive
technician, or employee, partner, officer, or member of any
automotive repair dealer. The act authorizes the director to adopt
and enforce the rules and regulations that the director determines
are reasonably necessary to carry out the purposes of the act and
declaring the policy of the bureau, including a system for the
issuance of citations pursuant to a specified law. The act, except as
specified, makes a violation of any requirement of the act by any
person punishable as a misdemeanor.
This bill would clarify that the specified law under which the
director may adopt and enforce rules and regulations under the
Automotive Repair Act authorizes any board, bureau, or commission
within the Department of Consumer Affairs to establish, by
regulation, a system for the issuance to a licensee of a citation
when the licensee is in violation of the applicable licensing act or
any regulation adopted pursuant thereto.
This bill would, with certain exceptions, require the bureau to
adopt regulations regarding the bureau's policies and procedures for
handling complaints, investigations, and all the bureau's methods of
resolution, as specified. The bill would require the bureau to post
on its Internet Web site the regulations adopted. The bill would
require the bureau to track and retain data on every method of
resolution attempted and completed by the bureau for each automotive
repair dealer, including, but not limited to, the type of complaint
being resolved. The bill would require the bureau to submit a report
to the Legislature by January 1, 2018, and annually thereafter, that
details the bureau's resolution efforts, as specified.
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, which authorizes any board, bureau, or
commission within the department to establish, by regulation, a
system for the issuance to a licensee of a citation when the licensee
is in violation of the applicable licensing act or any regulation
adopted pursuant thereto. 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.
SEC. 2. Section 9882.6 is added to the Business and Professions
Code, to read:
9882.6. (a) The bureau shall adopt regulations regarding the
bureau's policies and procedures for handling complaints,
investigations, and all the bureau's methods of resolution,
including, but not limited to, education, training, conferences, and
mediation. For purposes of this section, "policies and procedures"
shall not include the bureau's policies and procedures for conducting
undercover investigations.
(b) The regulations shall include, but not be limited to, all of
the following:
(1) How a complaint is to be filed with the bureau.
(2) How a complaint is to be investigated by the bureau.
(3) How mediation is used by the bureau. The regulations regarding
mediation shall clearly identify when mediation is used, how
mediation is implemented by the bureau, and how mediation data is
collected and reported by the bureau.
(c) The bureau shall post on its Internet Web site all regulations
adopted pursuant to the requirements of this section.
SEC. 3. Section 9882.7 is added to the Business and Professions
Code, to read:
9882.7. (a) The bureau shall track and retain data on every
method of resolution attempted and completed by the bureau for each
automotive repair dealer, including, but not limited to, all of the
following:
(1) The type of complaint being resolved.
(2) The remedy or remedies sought and obtained in resolution,
including, but not limited to, restitution, refund, work to be redone
at no charge, bill adjustments, returns or exchanges, and the dollar
amount of any remedy, if applicable.
(3) The number of complaints where resolution was attempted but
where no remedy was reached and the number of complaints where any
method of resolution was successful.
(b) The bureau shall submit a report to the Legislature by January
1, 2018, and annually thereafter, that details the bureau's
resolution efforts. The report shall include, but not be limited to,
the data in subdivision (a).
(c) The report shall be submitted pursuant to Section 9795 of the
Government Code.
(d) "Method of resolution" for purposes of this section includes,
but is not limited to, education, training, conferences, and
mediation.
