Bill Text: CA AB323 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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BILL NUMBER: AB 323	AMENDED
	BILL TEXT

	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 Insu   rance Code,   relating to automobile tires.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 323, as amended, Yamada. Automobile  tire retailers.
  tires.  
   Existing law, the Automotive Repair Act, provides for the
registration and regulation of automotive repair dealers, including
auto body repair shops.  
   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 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.  
   By imposing a new requirement on auto body repair shops, the
violation of which would be a crime, the bill would impose a
state-mandated local program. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   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. 
   SECTION 1.   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.  

   (4) 
    (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.    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.