BILL NUMBER: AB 964	AMENDED
	BILL TEXT

	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 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  an open or unaddressed
  a manufacturer's safety  recall.  The
bill would also prohibit the holder of any dealer's license from
selling any used car, including a car that is not part of a used
vehicle certification program, without providing the buyer a
completed inspection report, as specified, prior to sale. 
The bill would  also  prohibit the holder of any dealer's
license from selling  a   any  used
 car   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.
 
   (6) 
    (   7)  The dealer disclaims any warranties of
merchantability on the vehicle. 
   (7) 
    (   8)  The vehicle is sold "AS IS." 
   (8) 
    (   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. 
   (9) 
    (10)   The dealer knows or should have known that the
vehicle is subject to  an open or unaddressed  
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 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  an open or unaddressed
  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. 
   (d) A 
    (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.  
   (e)
    (d)  This section does not abrogate or limit any
disclosure obligation imposed by any other law. 
   (f) 
    (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.