Bill Text: CA SB869 | 2011-2012 | Regular Session | Amended

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

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Bill Title: Automotive repair dealers: airbags.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2011-10-02 - Chaptered by Secretary of State. Chapter 430, Statutes of 2011. [SB869 Detail]

Download: California-2011-SB869-Amended.html

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BILL NUMBER: SB 869	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 1, 2011

INTRODUCED BY   Senator Yee

                        FEBRUARY 18, 2011

   An act to add Section 9884.76 to the Business and Professions
Code,   and to amend Section 27317 of the Vehicle Code, 
relating to automotive repair dealers.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 869, as amended, Yee. Automotive repair dealers: airbags.
   Existing law, the Automotive Repair Act, establishes the Bureau of
Automotive Repair under the supervision and control of the Director
of Consumer Affairs. Existing law provides that a person who fails to
comply with the act is guilty of a misdemeanor and punishable by a
fine not exceeding $1,000, by imprisonment not exceeding 6 months, or
by both that fine and imprisonment, except as specified.
   This bill would provide that an automotive repair dealer who
prepares a written estimate for repairs that includes replacement of
a deployed airbag, as specified, who fails to repair and fully
restore the airbag, as specified, is guilty of a misdemeanor that is
punishable by a $5,000 fine, by one year imprisonment in a county
jail, or by both that fine and imprisonment. 
   Existing law provides that a person who knowingly installs or
reinstalls for compensation, or who distributes or sells, any
previously deployed airbag is guilty of a misdemeanor punishable by a
fine of $5,000 or confinement in a county jail for one year or both
that fine and confinement.  
   This bill would exempt from that misdemeanor provision an
automotive repair dealer who complies with the above provision
regarding the repair and restoration of a depolyed airbag. 
   Because this bill would create a new crime, the bill would create
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 9884.76 is added to the Business and
Professions Code, to read:
   9884.76.  Notwithstanding Section 9889.20, an automotive repair
dealer who prepares a written estimate for repairs pursuant to
Section 9884.9 that includes replacement of a deployed airbag that is
part of an inflatable restraint system, and who fails to repair and
fully restore the airbag  that is part of an inflatable restraint
system  to its original operating condition, where the customer
has paid for the airbag as provided in the estimate, is guilty of a
misdemeanor punishable by a fine of five thousand dollars ($5,000) or
by imprisonment in a county jail for one year or by both that fine
and imprisonment.
  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.
   SEC. 2.    Section 27317 of the   Vehicle
Code   is amended to read: 
   27317.   Any   Except as provided by Section
9884.76 of the Business and Professions Code, any  person who
installs or reinstalls for compensation, or who distributes or sells
 ,  any previously deployed air bag that is part of an
inflatable restraint system, if the person knows that the air bag has
been previously deployed, is guilty of a misdemeanor punishable by a
fine of five thousand dollars ($5,000) or by confinement in 
the   a  county jail for one year or by both that
fine and confinement.