Bill Text: CA AB323 | 2009-2010 | Regular Session | Amended
Bill Title: Automobile tires.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB323 Detail]
Download: California-2009-AB323-Amended.html
BILL NUMBER: AB 323 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 4, 2010
AMENDED IN ASSEMBLY APRIL 2, 2009
INTRODUCED BY Assembly Member Yamada
FEBRUARY 18, 2009
An act to add Section 9889.54 to, and to add Chapter 1b
(commencing with Section 18500) to Division 8 of, the Business and
Professions Code, and to amend Section 1874.87 of the Insurance Code,
relating An act to amend Section 9884.8 of the
Business and Professions Code, relating to automobile tires.
LEGISLATIVE COUNSEL'S DIGEST
AB 323, as amended, Yamada. Automobile tires.
Existing law, the Automotive Repair Act, provides for the
registration and regulation of automotive repair dealers ,
including auto body repair shops , as defined.
Existing law requires an automotive repair dealer to record all work
done by the dealer on an invoice and to describe all service work
done and parts supplied. A violation of the act is a crime .
This bill would require auto body repair shops to display, at a
conspicuous place, as specified, a sign meeting certain
specifications that advises customers, among other things, about
automobile tire degradation.
Existing law provides various special business regulations for,
among others, automobile dealers and automobile rental agencies.
This bill would require an automobile tire retailer, prior to the
purchase or installation of an automobile tire in California, to
disclose in writing to the customer the date each tire purchased or
installed was manufactured. The bill would also require these
retailers to display a sign about automobile tire degradation as
described above.
Existing law requires specified insurers to provide each insured
with an Auto Body Repair Consumer Bill of Rights either at the time
of application for an automobile insurance policy or following an
accident.
This bill would also require this bill of
rights to contain information about the consumer's right to be
informed, by an automobile tire retailer, about the date a tire was
manufactured an automotive repair dealer to list on
the invoice the manufacture date of any tire installed or
sold by the dealer .
By imposing a new requirement on auto body
automotive repair shops dealers
, the violation of which would be a crime, the bill 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.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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. 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. When any tire is installed or sold, the
manufacture date of that tire shall also be listed on the invoice.
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 1. Section 9889.54 is added to the
Business and Professions Code, to read:
9889.54. (a) Auto body repair shops shall display, at a
conspicuous place, on, at, or near the checkout counter, at least one
clearly visible sign which shall read as follows:
"WARNING! Tires degrade over time even if not used. Tires older
than six years can cause sudden tire failure.
IF YOU HAVE A COMPLAINT, CALL THE DEPARTMENT OF CONSUMER AFFAIRS
AT 1-800-952-5210."
(b) The letters, figures, or numerals on signs required by this
section, however affixed, marked, imprinted, placed, or embossed,
shall be at least three-fourths of an inch in height and all lines
and marks used in the making or forming of all the letters, figures,
or numerals which are part of the sign shall be at least one-eighth
of an inch in width. The letters, figures, or numerals on these signs
shall be plainly legible. The color or tint shall contrast with the
background and other parts of the sign.
SEC. 2. Chapter 1b (commencing with Section
18500) is added to Division 8 of the Business and Professions Code,
to read:
CHAPTER 1b. AUTOMOBILE TIRE RETAILERS
18500. Prior to the purchase or installation of an automobile
tire in California, an automobile tire retailer shall disclose, in
writing, to the customer the date each tire was manufactured.
18501. (a) Automobile tire retailers shall display, at a
conspicuous place, on, at, or near the check out counter, at least
one clearly visible sign which shall read as follows:
"WARNING! Tires degrade over time even if not used. Tires older
than six years can cause sudden tire failure.
IF YOU HAVE A COMPLAINT, CALL THE DEPARTMENT OF CONSUMER AFFAIRS
AT 1-800-952-5210."
(b) The letters, figures, or numerals on signs required by this
section, however affixed, marked, imprinted, placed, or embossed,
shall be at least three-fourths of an inch in height and all lines
and marks used in the making or forming of all the letters, figures,
or numerals which are part of the sign shall be at least one-eighth
of an inch in width. The letters, figures, or numerals on these signs
shall be plainly legible. The color or tint shall contrast with the
background and other parts of the sign.
SEC. 3. Section 1874.87 of the Insurance Code
is amended to read:
1874.87. (a) Each insurer subject to this article shall provide
each insured with an Auto Body Repair Consumer Bill of Rights either
at the time of application for an automobile insurance policy or
following an accident that is reported to the insurer. If the insurer
provides the insured with an electronic copy of a policy, the bill
of rights may also be transmitted electronically.
(b) The bill of rights shall be a standardized form developed by
the department with the purpose of presenting easy-to-read facts for
auto insurance consumers. The content of the bill of rights shall be
determined by the department, and at a minimum, shall contain
information about all of the following:
(1) A consumer's right to select an auto body repair shop for auto
body damage covered by the insurance policy and that an insurer may
not require this work to be done at a particular auto body repair
shop.
(2) The consumer's right to be informed about auto body repairs
made with new original equipment crash parts, new aftermarket crash
parts, and used crash parts.
(3) The consumer's right to be informed about coverage for towing
services, and for a replacement rental vehicle while a damaged
vehicle is being repaired.
(4) The consumer's right to be informed, in writing, about the
date a tire was manufactured by an automobile tire retailer pursuant
to Section 18500 of the Business and Professions Code.
(5) Toll-free telephone numbers and Internet addresses for
reporting suspected fraud or other complaints and concerns about auto
body repair shops to the Bureau of Automotive Repair.
(c) The department shall consult with the Bureau of Automotive
Repair in determining the information to be contained in the bill of
rights.
SEC. 4. SEC. 2. 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.
