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

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-Amended.html

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BILL NUMBER: AB 964	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 6, 2013
	AMENDED IN ASSEMBLY  APRIL 25, 2013
	AMENDED IN ASSEMBLY  APRIL 15, 2013

INTRODUCED BY   Assembly Member 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 amended, Bonta. 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 several
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,
when the dealer knows or should have known that the vehicle has
sustained frame damage, or when the dealer, prior to sale, fails to
provide a completed inspection report, as specified.
   This bill  , 180 days after the enactment of regulations
pursuant to portions of the federal Moving Ahead for Progress in the
21st Century Act (MAP-21),  would prohibit the holder of any
dealer's license from selling a used vehicle as part of a used
vehicle certification program if the dealer knows or should have
known that the vehicle is the subject of a manufacturer's safety
recall. The bill would also prohibit the holder of any dealer's
license from selling any used vehicle without providing a written
disclosure, in certain languages, indicating which, if any, of
several specified conditions are present.
   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 and 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.
   (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.
   (10)  The dealer knows or should have known that the vehicle is
subject to a manufacturer's safety recall.
   (b) It is a violation of this code for the holder of any dealer's
license issued under this article to sell a used vehicle without
providing the buyer written disclosure, in  English or in 
the languages specified in subdivision (b) of Section 1632 of the
Civil Code, identifying which, if any, of the following conditions
are present, if the dealer knows or should know of its presence:
   (1) 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 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 and prior to sale substantially impairs the use or
safety of the vehicle.
   (5) The vehicle has sustained frame damage.
   (6) The dealer disclaims any warranties of merchantability on the
vehicle.
   (7) The vehicle is sold "AS IS."
   (8) The vehicle is subject to a manufacturer's safety recall.

   (c) It is a violation of this code for the holder of any dealer's
license issued under this article to sell a used vehicle without
providing the buyer a completed inspection report indicating all the
components inspected prior to sale. 
   (c) (1) 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.
   (2) The rights, remedies, and procedures provided for in this
section are in addition to, and independent of, any other rights,
remedies, or procedures available under any other law. Nothing in
this section shall be construed to alter, limit, or negate any other
rights, remedies, or procedures provided for by law.
   (d) This section does not abrogate or limit any disclosure
obligation imposed by any other law.
   (e) 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.
   SEC.   3.    This bill shall become
operative 180 days after the adoption of regulations pursuant to
Section 31301 of the federal Moving Ahead for Progress in the 21st
Century Act (MAP-21; Public Law 112-141).