California 2009-2010 Regular Session Status: To Executive

SB 427 — Automotive repair: crash parts.

Last action — Died on file.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law, the Automotive Repair Act, establishes the Bureau of Automotive Repair under the supervision and control of the Director of Consumer Affairs. The act provides for the registration and regulation of automotive repair dealers and authorizes the director to adopt regulations to implement its provisions. The act requires all work done by an automotive repair dealer to be recorded on an invoice that describes all service work done and parts supplied. The act requires the invoice to include a statement indicating whether any crash parts are original equipment manufacturer crash parts or nonoriginal equipment manufacturer aftermarket crash parts. The act also requires this information to be provided to a customer in an itemized written estimate when an automotive repair dealer is doing auto body or collision repairs. Existing law requires the automotive repair dealer to obtain authorization from the customer before performing work and imposing charges. A violation of the act is a crime. Existing law governing motor vehicle replacement parts prohibits an insurer from requiring the use of specified parts in the repair of an insured's motor vehicle unless certain requirements have been met. This bill would define and redefine "crash part," "aftermarket crash part," and "original equipment manufacturer crash part," for purposes of the act and the motor vehicle replacement part provisions. The bill would specify that an automotive repair dealer who prepares a written estimate that includes replacement of a deployed airbag and who fails to repair and fully restore the airbag where the consumer has paid for the repair, as specified, is guilty of a misdemeanor punishable by a fine, imprisonment, or both. The bill would require the invoice for work done by an automotive repair dealer to describe all service work done, parts supplied, and crash parts installed. The bill would make a statement of legislative intent regarding this requirement. Because a violation of some of the bill's provisions 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.

Bill Text

Action History

  1. Died on file.

  2. In Senate. To unfinished business. (Veto)

  3. Vetoed by Governor.

  4. Enrolled. To Governor at 3:30 p.m.

  5. Senate concurs in Assembly amendments. (Ayes 23. Noes 11. Page 5035.) To enrollment.

  6. In Senate.

  7. Read third time. Passed. (Ayes 67. Noes 8. Page 6824.) To Senate.

  8. Assembly Rule 69(d) suspended. (Ayes 49. Noes 27. Page 6491.)

  9. Read third time. Amended. (Page 6427.) To third reading.

  10. Read second time. To third reading.

  11. Read second time. Amended. To second reading.

  12. (Heard in committee on August 4.)

  13. From committee: Do pass as amended. (Ayes 12. Noes 5.)

  14. (Heard in committee on June 22.)

  15. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 7. Noes 3.) Re-referred to Com. on APPR.

  16. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on B.,P. & C.P.

  17. Set, first hearing. Hearing canceled at the request of author.

  18. Hearing postponed by committee.

  19. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on B. & P.

  20. To Com. on B. & P.

  21. In Assembly. Read first time. Held at Desk.

  22. Read third time. Passed. (Ayes 25. Noes 10. Page 1183.) To Assembly.

  23. Read second time. To third reading.

  24. Read second time. Amended. To second reading.

  25. From inactive file to second reading file.

  26. Placed on inactive file on request of Senator Negrete McLeod.

  27. Read second time. To third reading.

  28. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  29. Set for hearing May 4.

  30. Re-referred to Com. on APPR.

  31. Withdrawn from committee.

  32. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on JUD.

  33. From committee: Do pass, but first be re-referred to Com. on JUD. (Ayes 7. Noes 2. Page 580.) Re-referred to Com. on JUD.

  34. Set for hearing April 20.

  35. Set, first hearing. Failed passage in committee. (Ayes 5. Noes 3. Page 807.) Reconsideration granted.

  36. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on B., P. & E.D.

  37. Set for hearing April 13.

  38. To Coms. on B., P. & E.D. and JUD.

  39. From print. May be acted upon on or after March 28.

  40. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Negrete McLeod · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 3 voted No

Sponsors (1)

  • Negrete McLeod

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SB 427 Negrete McLeod Senate Third Reading By HAYASHI

Passed 78 Yea · 8 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 73704
Democratic 3000
Republican 2100
Total 78804
% of votes cast 87%9%0%4%
How each member voted (90)
Member Party Vote
Carter — Yea
Chesbro — Yea
Cook — Yea
Coto — Yea
Tom — Yea
Feuer — Yea
Fuentes — Yea
Fuller — Yea
Charles — Yea
Garrick — Yea
Gatto — Yea
Gilmore — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
Bass — Yea
Beall — Yea
Block — Yea
Davis — Yea
Hagman — Yea
Hall — Yea
Hayashi — Yea
Hill — Yea
Huber — Yea
Jeffries — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Bill — Not Voting
Harkey — Nay
Knight — Not Voting
Conway — Nay
Logue — Nay
Norby — Not Voting
Ruskin — Yea
Silva — Nay
Skinner — Yea
Solorio — Yea
Anderson — Nay
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Adams — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Smyth — Yea
Torlakson — Yea
Tran — Yea
Eng — Yea
Evans — Yea
DeVore — Nay
Yamada — Yea
Furutani — Yea
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Bill Berryhill — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Yea

Official roll call →

W/O REF. TO FILE SB427 Negrete McLeod Concurrence

Passed 24 Yea · 11 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 221005
Republican 0100
Democratic 2000
Total 241105
% of votes cast 60%28%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Oropeza — Not Voting
Wiggins — Not Voting
Cedillo — Yea
Cogdill — Nay
Hancock — Yea
Harman — Nay
Kehoe — Yea
Lowenthal — Yea
Negrete — Yea
Corbett — Yea
Leno — Yea
Runner — Nay
Blakeslee — Yea
Ducheny — Yea
Dutton — Nay
Liu — Yea
McLeod — Yea
Pavley — Yea
Romero — Yea
Wolk — Yea
Wright — Yea
Aanestad — Nay
Alquist — Yea
Ashburn — Not Voting
Hollingsworth — Nay
Huff — Not Voting
Price — Yea
Simitian — Not Voting
Steinberg — Yea
Walters — Nay
Wyland — Nay
Emmerson — Nay
Correa — Yea
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 14 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13500
Democratic 1000
Total 14500
% of votes cast 74%26%0%0%
How each member voted (19)
Member Party Vote
Conway — Nay
Charles — Yea
De — Yea
Leon — Yea
Fuentes — Yea
Hall — Yea
Bradford — Yea
Miller — Nay
Nielsen — Nay
Solorio — Yea
Torlakson — Yea
Torrico — Yea
Harkey — Nay
Norby — Nay
Skinner — Yea
Coto — Yea
Davis — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Senate 3rd Reading SB427 Negrete McLeod

Passed 26 Yea · 10 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 24904
Democratic 2000
Republican 0100
Total 261004
% of votes cast 65%25%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Corbett — Yea
Lowenthal — Yea
Negrete — Yea
Hancock — Yea
Harman — Not Voting
Runner — Not Voting
Hollingsworth — Nay
Huff — Yea
Leno — Yea
McLeod — Yea
Oropeza — Yea
Ducheny — Yea
Dutton — Nay
Pavley — Yea
Romero — Yea
Steinberg — Yea
Wolk — Yea
Wright — Yea
Aanestad — Nay
Alquist — Yea
Ashburn — Nay
Benoit — Not Voting
Kehoe — Yea
Liu — Yea
Maldonado — Yea
Simitian — Yea
Walters — Nay
Wiggins — Yea
Cedillo — Yea
Wyland — Nay
Cogdill — Nay
Correa — Not Voting
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass, but re-refer to the Committee on Judiciary.

Passed 8 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8201
Total 8201
% of votes cast 73%18%0%9%
How each member voted (11)
Member Party Vote
Yee — Yea
Negrete — Yea
McLeod — Yea
Oropeza — Yea
Walters — Nay
Aanestad — Nay
Romero — Yea
Wyland — Not Voting
Corbett — Yea
Correa — Yea
Florez — Yea

Official roll call →

Do pass, but re-refer to the Committee on Judiciary.

Failed 6 Yea · 3 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 6302
Total 6302
% of votes cast 55%27%0%18%
How each member voted (11)
Member Party Vote
Yee — Yea
Wyland — Nay
Florez — Not Voting
Negrete — Yea
Corbett — Yea
McLeod — Yea
Oropeza — Yea
Romero — Yea
Walters — Nay
Aanestad — Nay
Correa — Not Voting

Official roll call →

Subjects

public-safety labor
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Frequently asked questions

What does SB 427 do?
Existing law, the Automotive Repair Act, establishes the Bureau of Automotive Repair under the supervision and control of the Director of Consumer Affairs. The act provides for the registration and regulation of automotive repair dealers and authorizes the director to adopt regulations to implement its provisions. The act requires all work done by an automotive repair dealer to be recorded on an invoice that describes all service work done and parts supplied. The act requires the invoice to include a statement indicating whether any crash parts are original equipment manufacturer crash parts or nonoriginal equipment manufacturer aftermarket crash parts. The act also requires this information to be provided to a customer in an itemized written estimate when an automotive repair dealer is doing auto body or collision repairs. Existing law requires the automotive repair dealer to obtain authorization from the customer before performing work and imposing charges. A violation of the act is a crime. Existing law governing motor vehicle replacement parts prohibits an insurer from requiring the use of specified parts in the repair of an insured's motor vehicle unless certain requirements have been met. This bill would define and redefine "crash part," "aftermarket crash part," and "original equipment manufacturer crash part," for purposes of the act and the motor vehicle replacement part provisions. The bill would specify that an automotive repair dealer who prepares a written estimate that includes replacement of a deployed airbag and who fails to repair and fully restore the airbag where the consumer has paid for the repair, as specified, is guilty of a misdemeanor punishable by a fine, imprisonment, or both. The bill would require the invoice for work done by an automotive repair dealer to describe all service work done, parts supplied, and crash parts installed. The bill would make a statement of legislative intent regarding this requirement. Because a violation of some of the bill's provisions 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.
Who sponsors SB 427?
SB 427 is sponsored by Negrete McLeod.
What is the current status of SB 427?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 427?
Track SB 427 free on One Click Politics — get push/email alerts when it moves.

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