California 2015-2016 Regular Session Status: To Executive 1 D cosponsors

SB 778 — Automotive repair: oil changes: notification to customers.

Last action — In Senate. Consideration of Governor's veto pending.

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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 2015-2016 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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, provides for the registration and regulation of automotive repair dealers by the Bureau of Automotive Repair (bureau) , which is under the supervision and control of the Director of Consumer Affairs (director) . Existing law requires repair dealers to give the customer a written estimated price for labor and parts necessary for a specific job. Existing law defines terms for purposes of these provisions. Existing law makes a violation of that act, except as specified, punishable as a misdemeanor. This bill would recast these provisions as the Automotive Repair and Maintenance Act and would provide for the registration and regulation of automotive maintenance providers, as defined, in a manner similar to the provisions regarding automotive repair dealers. The bill would establish fee requirements as well as procedures to be implemented by the director for granting, suspending, or revoking the registration of an automotive maintenance provider. The bill would require an automotive maintenance provider to provide a customer with a detailed written invoice for work performed and to maintain records specified by regulations adopted under these provisions. The bill would require the bureau to design and approve a sign to be placed in each automotive provider location containing information for contacting the bureau if the customer has questions about the service provided. The bill would define various terms for purposes of these provisions and would recast the definition of "repair of motor vehicles" to delete the listing of various types of excluded minor services and to specify that minor services do not include the changing of propulsive batteries. The bill would similarly recast the definition of "automotive technician" to delete provisions describing the specific work to be performed by an automotive technician. The bill, commencing January 1, 2018, would define additional terms relating to automotive repair and servicing work for purposes of these provisions. The bill would require the director to adopt regulations prior to January 1, 2018, defining "minor services" for these purposes. The bill would provide that the regulations adopted by the director, prior to January 1, 2018, defining "minor services" continue in effect on and after January 1, 2018, as specified. The bill would prohibit a facility from registering as both an automotive repair dealer and an automotive service provider, as specified. The bill would authorize the Department of Consumer Affairs to purchase motor vehicles for the purposes of enforcing these provisions, as specified. The bill would require an automotive repair dealer or an automotive maintenance provider performing oil change services to use the manufacturer's published oil drain schedule, except as specified, when recommending an oil change to a customer. The bill would require that an automotive repair dealer or automotive maintenance provider include a written explanation for any recommendation for oil change at an interval other than the interval recommended by the manufacturer, and to include a specified notice to the customer with regard to the manufacturer's published oil change recommendations. The bill would permit a customer to choose any oil drain interval that he or she chooses and have that interval reflected in any future recommendations by the automotive repair dealer or automotive maintenance provider. The bill would expand the definition of an existing crime by including automotive maintenance providers within these provisions, thereby imposing a state-mandated local program. The bill would make the operation of its provisions contingent upon the enactment of AB 873 of the 2015–16 Regular Session. 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. In Senate. Consideration of Governor's veto pending.

  2. Vetoed by the Governor.

  3. Enrolled and presented to the Governor at 5 p.m.

  4. Assembly amendments concurred in. (Ayes 29. Noes 10. Page 5471.) Ordered to engrossing and enrolling.

  5. From committee: That the Assembly amendments be concurred in. (Ayes 7. Noes 2. Page 5436.)

  6. Set for hearing August 25.

  7. From committee: Be re-referred to Com. on B., P. & E.D. pursuant to Senate Rule 29.10(d). (Ayes 5. Noes 0. Page 5268.) Re-referred to Com. on B., P. & E.D.

  8. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(d).

  9. In Senate. Concurrence in Assembly amendments pending.

  10. Read third time. Passed. (Ayes 66. Noes 10. Page 6057.) Ordered to the Senate.

  11. Ordered to third reading.

  12. Read third time and amended.

  13. Read second time. Ordered to third reading.

  14. From committee: Do pass. (Ayes 17. Noes 3.) (August 11).

  15. August 3 set for first hearing. Placed on APPR. suspense file.

  16. From committee: Do pass and re-refer to Com. on APPR. (Ayes 14. Noes 1.) (June 28). Re-referred to Com. on APPR.

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

  18. From committee: Do pass and re-refer to Com. on B. & P. (Ayes 8. Noes 0.) (June 14). Re-referred to Com. on B. & P.

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

  20. Referred to Coms. on P. & C.P. and B. & P.

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

  22. Read third time. Passed. (Ayes 22. Noes 12. Page 2944.) Ordered to the Assembly.

  23. Read second time. Ordered to third reading.

  24. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  25. Set for hearing January 19.

  26. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1. Page 2879.) (January 11). Re-referred to Com. on APPR.

  27. Set for hearing January 11.

  28. Re-referred to Com. on B., P. & E.D.

  29. Re-referred to Com. on RLS.

  30. Withdrawn from committee.

  31. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  32. May 28 hearing: Held in committee and under submission.

  33. Set for hearing May 28.

  34. May 11 hearing: Placed on APPR. suspense file.

  35. Set for hearing May 11.

  36. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 859.) (April 29). Re-referred to Com. on APPR.

  37. From committee with author's amendments. Read second time and amended. Re-referred to Com. on E.Q.

  38. Set for hearing April 29.

  39. Re-referred to Com. on E.Q.

  40. Re-referred to Com. on RLS.

  41. Withdrawn from committee.

  42. From committee with author's amendments. Read second time and amended. Re-referred to Com. on N.R. & W.

  43. Referred to Com. on N.R. & W.

  44. Read first time.

  45. From printer. May be acted upon on or after April 1.

  46. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 8 voted No

Sponsors (1)

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

Passed 29 Yea · 10 Nay
Party YeaNayPresentNot Voting
Unaffiliated 27900
Democratic 2100
Total 291000
% of votes cast 74%26%0%0%
How each member voted (39)
Member Party Vote
Anderson — Nay
Leyva — Yea
Pavley — Yea
Roth — Yea
Wieckowski — Yea
Cannella — Yea
Fuller — Nay
Galgiani — Yea
Glazer — Yea
Hall — Yea
Allen — Yea
Hancock — Yea
Mitchell — Yea
De León — Yea
Hernandez — Yea
Hertzberg — Yea
Hill — Yea
Hueso — Yea
Bates — Nay
Beall — Yea
Block — Yea
Huff — Yea
Lara — Yea
Leno — Yea
Liu — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Nay
Morrell — Nay
Nielsen — Yea
Pan — Yea
Vidak — Nay
Wolk — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

Passed 66 Yea · 10 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 59803
Democratic 5000
Republican 2201
Total 661004
% of votes cast 83%13%0%5%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Brough — Nay
Brown — Yea
Maienschein — Yea
Mathis — Yea
Quirk — Yea
Ting — Yea
Burke — Yea
Chang — Yea
Eggman — Yea
Daly — Yea
Campos — Yea
Chávez — Yea
Cooper — Yea
Salas — Yea
Bonilla — Yea
Gomez — Yea
Jones-Sawyer — Yea
Gray — Yea
Lopez — Yea
Bloom — Yea
Dababneh — Yea
Dodd — Yea
Low — Yea
Medina — Yea
Mullin — Yea
Nazarian — Yea
O'Donnell — Yea
Olsen — Yea
Rendon — Yea
Wagner — Yea
Wilk — Yea
Holden — Yea
Chiu — Yea
Cooley — Yea
McCarty — Yea
Ridley-Thomas — Yea
Thurmond — Yea
Waldron — Yea
Weber — Yea
Atkins — Yea
Hadley — Not Voting
Chau — Yea
Chu — Yea
Harper — Nay
Baker — Yea
Bigelow — Nay
Kim — Yea
Levine — Yea
Linder — Yea
Mayes — Not Voting
Melendez — Not Voting
Obernolte — Nay
Rodriguez — Yea
Santiago — Yea
Steinorth — Yea
Williams — Yea
Wood — Yea
Frazier — Yea
Gatto — Yea
Gordon — Yea
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Not Voting
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 17 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 14200
Democratic 2000
Republican 1100
Total 17300
% of votes cast 85%15%0%0%
How each member voted (20)
Member Party Vote
Bigelow — Nay
Bloom — Yea
McCarty — Yea
Obernolte — Nay
Santiago — Yea
Wagner — Yea
Eggman — Yea
Bonilla — Yea
Chang — Yea
Daly — Yea
Holden — Yea
Quirk — Yea
Weber — Yea
Wood — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Nay
Jones, Brian W. Republican Yea

Official roll call →

Passed 14 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 13100
Republican 1001
Total 14101
% of votes cast 88%6%0%6%
How each member voted (16)
Member Party Vote
Bloom — Yea
Brough — Nay
Mullin — Yea
Wood — Yea
Eggman — Yea
Campos — Yea
Gatto — Yea
Gomez — Yea
Chávez — Yea
Baker — Yea
Dodd — Yea
Holden — Yea
Ting — Yea
Salas — Yea
Dahle, Megan Republican Not Voting
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading

Passed 22 Yea · 12 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 201106
Democratic 2100
Total 221206
% of votes cast 55%30%0%15%
How each member voted (40)
Member Party Vote
Anderson — Nay
Bates — Not Voting
Beall — Yea
Lara — Yea
Leyva — Yea
Moorlach — Nay
Vidak — Nay
Cannella — Nay
Allen — Yea
Mitchell — Yea
De León — Yea
Hall — Yea
Runner — Nay
Hancock — Yea
Hernandez — Yea
Block — Yea
Hertzberg — Not Voting
Hill — Yea
Hueso — Not Voting
Huff — Nay
Leno — Yea
Liu — Yea
Mendoza — Yea
Monning — Yea
Morrell — Nay
Nielsen — Nay
Pan — Yea
Pavley — Yea
Roth — Yea
Wieckowski — Yea
Wolk — Not Voting
Fuller — Nay
Galgiani — Not Voting
Glazer — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Not Voting
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Hill — Yea
Nielsen — Yea
Lara — Yea
Beall — Yea
Leyva — Yea
Mendoza — Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 778 do?
Existing law, the Automotive Repair Act, provides for the registration and regulation of automotive repair dealers by the Bureau of Automotive Repair (bureau) , which is under the supervision and control of the Director of Consumer Affairs (director) . Existing law requires repair dealers to give the customer a written estimated price for labor and parts necessary for a specific job. Existing law defines terms for purposes of these provisions. Existing law makes a violation of that act, except as specified, punishable as a misdemeanor. This bill would recast these provisions as the Automotive Repair and Maintenance Act and would provide for the registration and regulation of automotive maintenance providers, as defined, in a manner similar to the provisions regarding automotive repair dealers. The bill would establish fee requirements as well as procedures to be implemented by the director for granting, suspending, or revoking the registration of an automotive maintenance provider. The bill would require an automotive maintenance provider to provide a customer with a detailed written invoice for work performed and to maintain records specified by regulations adopted under these provisions. The bill would require the bureau to design and approve a sign to be placed in each automotive provider location containing information for contacting the bureau if the customer has questions about the service provided. The bill would define various terms for purposes of these provisions and would recast the definition of "repair of motor vehicles" to delete the listing of various types of excluded minor services and to specify that minor services do not include the changing of propulsive batteries. The bill would similarly recast the definition of "automotive technician" to delete provisions describing the specific work to be performed by an automotive technician. The bill, commencing January 1, 2018, would define additional terms relating to automotive repair and servicing work for purposes of these provisions. The bill would require the director to adopt regulations prior to January 1, 2018, defining "minor services" for these purposes. The bill would provide that the regulations adopted by the director, prior to January 1, 2018, defining "minor services" continue in effect on and after January 1, 2018, as specified. The bill would prohibit a facility from registering as both an automotive repair dealer and an automotive service provider, as specified. The bill would authorize the Department of Consumer Affairs to purchase motor vehicles for the purposes of enforcing these provisions, as specified. The bill would require an automotive repair dealer or an automotive maintenance provider performing oil change services to use the manufacturer's published oil drain schedule, except as specified, when recommending an oil change to a customer. The bill would require that an automotive repair dealer or automotive maintenance provider include a written explanation for any recommendation for oil change at an interval other than the interval recommended by the manufacturer, and to include a specified notice to the customer with regard to the manufacturer's published oil change recommendations. The bill would permit a customer to choose any oil drain interval that he or she chooses and have that interval reflected in any future recommendations by the automotive repair dealer or automotive maintenance provider. The bill would expand the definition of an existing crime by including automotive maintenance providers within these provisions, thereby imposing a state-mandated local program. The bill would make the operation of its provisions contingent upon the enactment of AB 873 of the 2015–16 Regular Session. 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 778?
SB 778 is sponsored by Allen, Benjamin (Democratic).
What is the current status of SB 778?
This bill died with 2015-2016 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 778?
Track SB 778 free on One Click Politics — get push/email alerts when it moves.

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