Bill Text: CA AB964 | 2013-2014 | Regular Session | Introduced

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

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Bill Title: Vehicles: dealers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-02-03 - Died on inactive file. [AB964 Detail]

Download: California-2013-AB964-Introduced.html

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BILL NUMBER: AB 964	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Members Brown and Bonta

                        FEBRUARY 22, 2013

   An act to amend Section 11713.18 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 964, as introduced, Brown. Vehicles: dealers.
   Existing law makes it unlawful and provides that it constitutes an
infraction for any person to violate, or fail to comply with, any
provision of the Vehicle Code, or any local ordinance adopted
pursuant to this code. Existing law also makes it a violation of the
Vehicle Code for the holder of any specified dealer's license to
advertise for sale or sell a used vehicle as "certified" or use any
similar descriptive term in the advertisement or the sale of a used
vehicle that implies that the vehicle has been certified to meet the
terms of a used vehicle certification program if any of specified
conditions apply. Under existing law, those specified conditions
include, but are not limited to, when the vehicle has sustained
damage in an impact, fire, or flood, that after repair prior to sale
substantially impairs the use or safety of the vehicle, or when the
dealer knows or should have known that the vehicle has sustained
frame damage.
   This bill would delete the limitation that applies the prohibition
to the use of the term "certified" or any similar descriptive term
in the advertisement for, or the sale of, a used vehicle that implies
the vehicle has been certified to meet the terms of a used vehicle
certification program. This bill would instead prohibit the holder of
any dealer's license from advertising for sale or selling any used
vehicle if any of the specified conditions apply. This bill would
also add a dealer's knowledge of airbag deployment as one of the
specified conditions for which it is a violation of the Vehicle Code
for the holder of any specified dealer's license to advertise for
sale or sell a used vehicle.
   By creating new crimes, this 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.
   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 11713.18 of the Vehicle Code is amended to
read:
   11713.18.  (a) It is a violation of this code for the holder of
any dealer's license issued under this article to advertise for sale
or sell a used vehicle  as "certified" or use any similar
descriptive term in the advertisement or the sale of a used vehicle
that implies the vehicle has been certified to meet the terms of a
used vehicle certification program  if any of the following
apply:
   (1) The dealer knows or should have known that the odometer on the
vehicle does not indicate actual mileage, has been rolled back or
otherwise altered to show fewer miles, or replaced with an odometer
showing fewer miles than actually driven.
   (2) The dealer knows or should have known that the vehicle was
reacquired by the vehicle's manufacturer or a dealer pursuant to
state or federal warranty laws.
   (3) The title to the vehicle has been inscribed with the notation
"Lemon Law Buyback," "manufacturer repurchase," "salvage," "junk,"
"nonrepairable," "flood," or similar title designation required by
this state or another state.
   (4) The vehicle has sustained damage in an impact, fire, or flood,
that after repair prior to sale substantially impairs the use or
safety of the vehicle.
   (5) The dealer knows or should have known that the vehicle has
sustained frame damage  or an airbag deployment  .
   (6) Prior to sale, the dealer fails to provide the buyer with a
completed inspection report indicating all the components inspected.
   (7) The dealer disclaims any warranties of merchantability on the
vehicle.
   (8) The vehicle is sold "AS IS."
   (9) The term "certified" or any similar descriptive term is used
in any manner that is untrue or misleading or that would cause any
advertisement to be in violation of subdivision (a) of Section 11713
of this code or Section 17200 or 17500 of the Business and
Professions Code.
   (b) A violation of this section is actionable under the Consumers
Legal Remedies Act (Title 1.5 (commencing with Section 1750) of Part
4 of Division 3 of the Civil Code), the Unfair Competition Law
(Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of
the Business and Professions Code), Section 17500 of the Business
and Professions Code, or any other applicable state or federal law.
The rights and remedies provided by this section are cumulative and
shall not be construed as restricting any right or remedy that is
otherwise available.
   (c) This section does not abrogate or limit any disclosure
obligation imposed by any other law.
   (d) This section does not apply to the advertisement or sale of a
used motorcycle or a used off-highway motor vehicle subject to
identification under Section 38010.
  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.