BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1777


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          Date of Hearing:  April 4, 2016


                        ASSEMBLY COMMITTEE ON TRANSPORTATION


                                 Jim Frazier, Chair


          AB 1777  
          (Lackey) - As Amended March 28, 2016


          SUBJECT:  Used vehicle sales:  salespersons' licenses


          SUMMARY:  Includes used car salespersons in the class of  
          applicants required to complete a preliminary educational  
          program before receiving an occupational license from the  
          Department of Motor Vehicles (DMV).  Specifically, this bill:  


          1)Requires an applicant for a DMV occupational license or  
            renewal of that license who is employed by a dealer that sells  
            only used vehicles for retail sale to complete a specific  
            educational program required of certain other license  
            applicants.


          2)Requires a salesperson to provide evidence of completion of  
            the educational requirements to the motor vehicle dealer that  
            employs the salesperson.


          3)Requires the dealer to maintain a copy of the evidence of  
            completion at the location where the salesperson is employed,  
            subject to inspection by DMV.










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          4)Exempts from these requirements an applicant who is employed  
            by a dealer with a minimum of ten branches in the state who  
            provides a minimum of ten hours of training per year to its  
            salespersons.


          EXISTING LAW:  


          1)Prohibits any person from acting as a dealer, manufacturer,  
            distributor, transporter, or salesperson of motor vehicles  
            without first procuring a license or temporary permit issued  
            by DMV.


          2)Requires a person applying for a dealer's license for the  
            purpose of selling used vehicles to complete a written  
            examination and an educational program covering specified  
            topics before being issued that license, and to successfully  
            complete, every two years after that license is issued, a  
            four-hour educational program in order to maintain or renew  
            that license.


          FISCAL EFFECT:  Unknown


          COMMENTS:  In order to receive a license to act as a used motor  
          vehicle dealer, an applicant must complete an educational  
          program covering topics including, but not limited to, motor  
          vehicle financing, truth in lending, sales and use taxes,  
          advertising, unlawful dealer activities, and handling,  
          completion, and disposition of DMV forms.  The applicant must  
          then successfully complete a written examination prepared and  
          administered by the DMV covering these same topics.  Once  
          licensed, the dealer must then complete a four-hour educational  
          program every two years to maintain or renew the license.  The  
          educational course can be provided by DMV or a number of  
          third-party entities provided that their curriculum is approved  








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          by DMV.  The course can range from an online offering to  
          in-person classroom instruction, with the cost varying depending  
          on the mode of instruction.


          If a dealer sells even a single used vehicle, they must comply  
          with the requirement to complete the educational program and the  
          written examination before being licensed, meaning virtually all  
          dealers must complete the program.  Even a dealer who would  
          conventionally be referred to as "a new car dealer" must comply  
          with the DMV educational requirements if they sell any number of  
          used vehicles on their lot.  A vehicle salesperson, at a new or  
          used dealership, must also obtain a license from DMV, but does  
          not need to complete the educational program or written  
          examination.


          This bill would require a salesperson employed by a dealer that  
          sells only used vehicles to complete the same educational  
          program and written examination that dealers must complete,  
          before receiving a license from DMV, and every two years  
          thereafter to maintain or renew the license.


          According to the author, vehicle salespeople are typically the  
          first point of contact at a car dealership, and consumers often  
          rely on salespeople for accurate and factual information that  
          will go into making a significant financial decision.   
          Sometimes, salespeople at a used vehicle dealership handle the  
          entire vehicle purchase transaction from introduction to  
          delivery.  While the owner of a used vehicle dealership is  
          required to complete an educational program and successfully  
          pass a written examination, the salespeople at that dealership  
          are not.  As such, the author believes there is an inconsistency  
          in the expectations and standards placed on dealers and on  
          salespeople.


          According to the Independent Automobile Dealers Association of  








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          California (IADAC), the sponsor of this bill, penalties for  
          dealers who either intentionally or unintentionally fail to  
          provide a fair transaction for the consumer can be great, and  
          can include revocation of a license from DMV and civil  
          penalties.  The significant financial impact of mishandling  
          transactions at a new vehicle dealer, which could include the  
          loss of a franchise agreement at the cost of millions of dollars  
          due to the high volume of transactions conducted by the dealer,  
          encourages new vehicle dealers to ensure compliance with proper  
          consumer transaction standards.  Similarly due to the high  
          volume of transactions conducted by new vehicle dealers, new  
          vehicle sales transactions are often conducted by different  
          employees at different stages, to ensure each function is  
          carried out properly and in compliance with the law.   
          Franchisors typically require salespersons at their franchisees  
          to complete their own form of training and education to ensure  
          compliance.  For a used vehicle dealer, generally conducting a  
          smaller volume of transactions, if a salesperson fails to comply  
          with consumer transaction standards, it is the dealer that will  
          be penalized through civil penalties or the revocation of a  
          license from DMV.


          IADAC argues that adequately educating dealers and salespeople  
          would have a positive effect on consumer transactions by  
          minimizing the number of consumer complaints and minimizing the  
          chance of a used vehicle salesperson making a mistake due to  
          lack of training.


          This bill also specifically exempts a salesperson employed by a  
          dealer with more than ten locations in the state who provides a  
          minimum of ten hours of training per year to its salespersons.   
          This exemption would apply to large used vehicle dealer chains  
          that operate in the state with more locations and employees than  
          the typical independent used vehicle dealer.  These chains have  
          expressed confidence in their own training practices and  
          procedures and believe they are effective beyond what would be  
          required in the existing DMV educational program.








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          Committee concerns:  As noted above, salespersons at new car  
          dealership are typically subject to significant franchise  
          training requirements because of the financial risk to the  
          dealer of losing their license.  While such a risk seems to  
          provide sufficient incentive to new car dealers to train their  
          employees, it is unclear why it is not sufficient to compel used  
          car dealers to do the same.  Requiring the completion of a  
          training course at a cost to an applicant, simply to insulate  
          dealers from responsibility to properly comply with consumer  
          transaction standards, seems to be an unreasonable burden to  
          place on salespersons.


          Furthermore, it is unclear what problem is solved by the  
          Legislature mandating completion of an educational course for  
          used vehicle salespersons.  Insufficient data has been presented  
          to demonstrate a deleterious effect on consumer protection  
          associated with the lack of state-mandated education for  
          salespersons.  To the extent such a negative impact exists, it  
          is unclear why dealers cannot train their own employees to gain  
          a competitive advantage over competitors whose salespersons are  
          not trained.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          Independent Automobile Dealers Association of California  
          (Sponsor)








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          Opposition


          None on file




          Analysis Prepared by:Justin Behrens / TRANS. / (916) 319-2093