Bill Text: CA AB753 | 2011-2012 | Regular Session | Amended
Bill Title: Vehicles: rentals.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2011-08-15 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB753 Detail]
Download: California-2011-AB753-Amended.html
BILL NUMBER: AB 753 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 7, 2011
AMENDED IN SENATE JUNE 20, 2011
AMENDED IN ASSEMBLY APRIL 14, 2011
AMENDED IN ASSEMBLY MARCH 22, 2011
INTRODUCED BY Assembly Member Monning
(Coauthor: Senator Strickland)
FEBRUARY 17, 2011
An act to amend Section 24010 of, and to add Section
24010.1 to, the Vehicle Code, relating to vehicle rentals.
LEGISLATIVE COUNSEL'S DIGEST
AB 753, as amended, Monning. Vehicles: rentals.
(1) Existing law prohibits a person engaging in the short-term
rental of vehicles from renting a vehicle unless the vehicle meets
specified requirements. A violation of this prohibition is a crime.
This bill would enact the Raechel and Jacqueline Houck Rental
Car Safety Act, which would further prohibit the short-term
rental of a vehicle that is subject to a federal safety recall notice
unless specified conditions are met. The bill would prohibit a
person engaging in the short-term rental of vehicles from selling a
vehicle at retail unless the vehicle meets specified requirements.
Because a violation of these prohibitions is
would be a crime, this bill would impose a state-mandated local
program. This bill would specify that the provisions relating
to short-term rental vehicles are applicable to a rental car company,
as defined, and would state that this provision is declaratory of
existing la w.
(2) 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. This act shall be known, and may be
cited, as the Raechel and Jacqueline Houck Rental Car Safety Act.
SECTION 1. SEC. 2. Section 24010 of
the Vehicle Code is amended to read:
24010. (a) A person engaged in the rental of a vehicle, for
periods of 30 days or less, shall not rent, lease , or
otherwise allow the operation of that vehicle unless all of the
following requirements are met:
(1) All necessary equipment required by this code and regulations
adopted pursuant to this code for the operation of the vehicle upon a
highway has been provided or offered to the lessee for his or her
use.
(2) The vehicle conforms to all applicable federal motor vehicle
safety standards established under the federal National Traffic and
Motor Vehicle Safety Act of 1966 (15 U.S.C. Sec. 1381 et
seq.) (49 U.S.C. Sec. 30101 et seq.) and the
regulations adopted under that act.
(3) The vehicle is mechanically sound and safe to operate within
the meaning of Section 24002.
(4) If the vehicle is subject to a federal safety recall notice
pursuant to Part 577 (commencing with Section 577.1) of Chapter V of
Subtitle B of Title 49 of the Code of Federal Regulations,
the repairs necessary to correct the noncompliance or defect have
been performed on the vehicle consistent with that part.
(5) If the vehicle is subject to a federal safety recall notice
pursuant to Part 577 (commencing with Section 577.1) of Chapter V of
Subtitle B of Title 49 of the Code of Federal Regulations
that provides for interim steps to temporarily correct the
noncompliance or defect, the interim steps as provided in the most
recent notice have been performed on the vehicle.
(b) For the purposes of paragraphs (4) and (5) of subdivision (a),
a vehicle is not deemed to be subject to a federal safety recall
notice pursuant to Part 577 (commencing with Section 577.1) of
Chapter V of Subtitle B of Title 49 of the Code of Federal
Regulations if any of the following conditions are met:
(1) The federal safety recall notice has not been received by the
lessor at the time the lessor provides the vehicle to the lessee.
(2) The vehicle is subject to a federal safety recall
conducted in stages, including, but not limited to, a recall notice
or a series of notices advising owners of vehicles in different model
years to take their vehicle to an authorized dealer to have the
repair work performed during subsequent time periods, and the lessor
has not received a notice advising it in writing that the vehicle
should be taken to an authorized dealer to have the recall
repair work performed.
(3) The vehicle is subject to a federal safety recall notice that
is only applicable to geographic regions outside of the state.
(c) In order to ensure compliance with this section, the
department may conduct periodic inspections, without prior notice, of
the business premises of persons engaged in the rental of vehicles
for periods of 30 days or less and of the vehicles themselves, for
the purpose of ascertaining that the vehicles are in compliance with
this section. Any vehicle which is found not in compliance shall not
be rented or leased until proof of full compliance with this section
is made to the satisfaction of the department.
(d) The contract or rental agreement shall include the name of the
person from whom the vehicle is rented, leased , or
obtained, the address of that person's place of business in this
state where the vehicle is rented, leased, or delivered, and a
statement of any required equipment refused by the person to whom the
vehicle is rented, leased, or delivered.
(e) For purposes of this section, a notice of a federal safety
recall received by a parent company of a rental company shall be
deemed notice to each of its subsidiaries, and notice received by a
subsidiary of a rental company shall be deemed notice to its parent
company.
(f) This section shall apply to a rental company as defined in
paragraph (1) of subdivision (a) of Section 1936 of the Civil Code.
This subdivision is declaratory of existing law.
SEC. 2. SEC. 3. Section 24010.1 is
added to the Vehicle Code, to read:
24010.1. A person subject to the requirements of Section 24010
shall not sell a vehicle at retail, unless that vehicle is in
compliance with the requirements of Section 24010.
SEC. 3. 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.
