BILL NUMBER: SB 525	CHAPTERED  07/20/07

	CHAPTER  93
	FILED WITH SECRETARY OF STATE  JULY 20, 2007
	APPROVED BY GOVERNOR  JULY 20, 2007
	PASSED THE SENATE  MAY 7, 2007
	PASSED THE ASSEMBLY  JULY 3, 2007
	AMENDED IN SENATE  APRIL 19, 2007

INTRODUCED BY   Senator Lowenthal

                        FEBRUARY 22, 2007

   An act to add Section 11519.1 to the Government Code, and to amend
Section 11703.2 of the Vehicle Code, relating to administrative
hearings.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 525, Lowenthal. Administrative hearings: restitution orders.
   Under existing law, a violation of certain requirements governing
manufacturers, manufacturer branches, remanufacturers, remanufacturer
branches, distributors, distribution branches, transporters, and
dealers, licensed by the Department of Motor Vehicles, may be
adjudicated in an administrative hearing.
   This bill would allow an administrative decision rendered against
a licensee for a violation of these requirements to include an order
of restitution for any financial loss or damage found to have been
suffered by a person in the case. The failure to pay the restitution
would be separate grounds for the department to refuse to issue a
license to a licensee.


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

  SECTION 1.  Section 11519.1 is added to the Government Code, to
read:
   11519.1.  (a) A decision rendered against a licensee under Article
1 (commencing with Section 11700) of Chapter 4 of Division 5 of the
Vehicle Code may include an order of restitution for any financial
loss or damage found to have been suffered by a person in the case.
   (b) The failure to make the restitution in accordance with the
terms of the decision is separate grounds for the Department of Motor
Vehicles to refuse to issue a license under Article 1 (commencing
with Section 11700) of Chapter 4 of Division 5 of the Vehicle Code,
and constitutes a violation of the terms of any applicable
probationary order in the decision.
   (c) Nothing in this section is intended to limit or restrict
actions, remedies, or procedures otherwise available to an aggrieved
party pursuant to any other provision of law.
  SEC. 2.  Section 11703.2 of the Vehicle Code is amended to read:
   11703.2.  The department may refuse to issue a license to a
manufacturer, manufacturer branch, remanufacturer, remanufacturer
branch, distributor, distributor branch, transporter, or dealer, when
the department determines that either of the following apply to the
applicant:
   (a) An outstanding and unsatisfied final judgment rendered against
the applicant exists in connection with the purchase, sale, or lease
of any vehicle.
   (b) An outstanding and unsatisfied restitution order issued
against the applicant under subdivision (a) of Section 11519.1 of the
Government Code exists.