Richard Gordon
- Democratic
Author
Existing law generally regulates the transfer and registration of motor vehicles. Existing federal law requires a motor vehicle manufacturer to notify the owner or purchaser of a motor vehicle when the manufacturer determines that the vehicle contains a safety-related defect or when the manufacturer is ordered by the federal Secretary of Transportation to notify vehicle owners and purchasers that a vehicle has a safety-related defect. Existing federal law also prohibits a motor vehicle dealer from selling a vehicle if it has been notified of a safety-related defect by the manufacturer, except as specified. A violation of the Vehicle Code is a crime. This bill would enact the Consumer Automotive Recall Safety Act, which would prohibit a dealer or rental car company, as defined, with a motor vehicle fleet of 34 or fewer loaner or rental vehicles from loaning, renting, or offering for loan or rent a vehicle subject to a manufacturer's recall after receiving a notice of the recall, as specified, until the vehicle has been repaired, except as specified. The act would also require the Department of Motor Vehicles (DMV) to include a specified recall disclosure statement with each vehicle registration renewal notice. By creating new prohibitions, the violation of which would be a crime under existing law, this bill would impose a state-mandated local program. Existing law requires a vehicle franchisor to properly fulfill every warranty agreement made by it and adequately and fairly compensate each of its franchisees for labor and parts used to fulfill that warranty when the franchisee has fulfilled warranty obligations of diagnostics, repair, and servicing. This bill would specify that the warranty obligations include all costs directly associated with the disposal of hazardous materials that are associated with a recall repair. The bill would provide, for purposes of the above-described warranty obligations, that a warranty includes a recall conducted pursuant to federal motor vehicle safety laws. The bill would state that this provision is declaratory of existing law. Existing law authorizes the DMV to suspend or revoke the license issued to a dealer, transporter, manufacturer, manufacturer branch, remanufacturer, remanufacturer branch, distributor, or distributor branch upon determining that the person to whom the licensed was issued has, among other things, violated provisions relating to issuance of licenses and certificates to manufacturers, transporters, and dealers. This bill would also authorize the DMV to suspend or revoke the license issued to the above-mentioned persons upon determining that the person has violated any provision of the Consumer Automotive Recall Safety Act. The bill would state findings and declarations of the Legislature relative to vehicle recalls. 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.
Chaptered by Secretary of State - Chapter 682, Statutes of 2016.
Approved by the Governor.
Enrolled and presented to the Governor at 3 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 6433.).
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 28 pursuant to Assembly Rule 77.
Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 5308.).
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Read second time and amended. Ordered to third reading.
From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 11).
Read second time and amended. Re-referred to Com. on APPR.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 28).
From committee: Do pass and re-refer to Com. on JUD. (Ayes 11. Noes 0.) (June 21). Re-referred to Com. on JUD.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on T. & H.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on T. & H.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1799.)
Read second time. Ordered to third reading.
Read second time and amended. Ordered returned to second reading.
From committee: Amend, and do pass as amended. (Ayes 16. Noes 0.) (May 28).
In committee: Set, first hearing. Referred to APPR. suspense file.
In committee: Hearing postponed by committee.
Read second time and amended.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (April 21).
From committee: Do pass and re-refer to Com. on P. & C.P. (Ayes 16. Noes 0.) (April 13). Re-referred to Com. on P. & C.P.
From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended.
From printer. May be heard in committee March 14.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB287 | HTML |
| 02/11/15 - Introduced | |
| 03/23/15 - Amended Assembly | |
| 05/04/15 - Amended Assembly | |
| 05/28/15 - Amended Assembly | |
| 06/06/16 - Amended Senate | |
| 06/13/16 - Amended Senate | |
| 08/02/16 - Amended Senate | |
| 08/15/16 - Amended Senate | |
| 08/19/16 - Amended Senate | |
| 09/01/16 - Enrolled | |
| 09/27/16 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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