BILL NUMBER: SB 91	CHAPTERED  09/09/02

	CHAPTER  407
	FILED WITH SECRETARY OF STATE  SEPTEMBER 9, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 6, 2002
	PASSED THE SENATE  AUGUST 22, 2002
	PASSED THE ASSEMBLY  AUGUST 19, 2002
	AMENDED IN ASSEMBLY  JUNE 19, 2002
	AMENDED IN SENATE  JANUARY 17, 2002

INTRODUCED BY   Senator Figueroa

                        JANUARY 16, 2001

   An act to add Sections 11700.3, 11711.3, and 11740 to the Vehicle
Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 91, Figueroa.  Vehicles:  dealers:  prohibited activities.
   (1) Existing law regulates various activities of motor vehicle
dealers, and a violation of those provisions is a misdemeanor under
other provisions of existing law.
   This bill would prohibit any person from aiding or abetting a
person in the performance of any act in violation of vehicle dealer,
remanufacturer, manufacturer, transporter, distributor, or related
branch licensing laws. Because a violation of this prohibition would
be a misdemeanor under other provisions of existing law, the bill
would impose a state-mandated local program by creating a new crime.

   The bill would provide that any person acting as a dealer or a
lessor-retailer, who is not duly licensed as a dealer or a
lessor-retailer pursuant to law, may not enforce any security
interest or bring or maintain any action in law or equity to recover
any money or property or obtain other relief from the purchaser or
lessee of a vehicle in connection with a transaction in which the
person was required to be licensed as a dealer or a lessor-retailer
at the time of the transaction.
   The bill would provide that remedies and penalties provided in the
Vehicle Code for a violation of the vehicle occupational licensing
laws are cumulative to the remedies and penalties provided by other
laws.
  (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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 11700.3 is added to the Vehicle Code, to read:

   11700.3.  No person may aid and abet a person in the performance
of any act in violation of this chapter.
  SEC. 2.  Section 11711.3 is added to the Vehicle Code, to read:
   11711.3.  A person acting as a dealer, who was not licensed as a
dealer as required by this article, or a person acting as a
lessor-retailer, who was not licensed as a lessor-retailer as
required by Chapter 3.5 (commencing with Section 11600), may not
enforce any security interest or bring or maintain any action in law
or equity to recover any money or property or obtain other relief
from the purchaser or lessee of a vehicle in connection with a
transaction in which the person was, at the time at the transaction,
required to be licensed as a dealer or a lessor-retailer.
  SEC. 3.  Section 11740 is added to the Vehicle Code, to read:
   11740.  The remedies and penalties provided in this code for a
violation of this article are cumulative to the remedies and
penalties provided by other laws.
  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.