BILL NUMBER: AB 2292	CHAPTERED  09/26/00

	CHAPTER   637
	FILED WITH SECRETARY OF STATE   SEPTEMBER 26, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 24, 2000
	PASSED THE ASSEMBLY   AUGUST 22, 2000
	PASSED THE SENATE   AUGUST 18, 2000
	AMENDED IN SENATE   JUNE 28, 2000

INTRODUCED BY   Assembly Member Dutra

                        FEBRUARY 24, 2000

   An act to amend Sections 3010, 3050.1, and 3051 of the Vehicle
Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2292, Dutra.  Vehicles:  New Motor Vehicle Board.
   Under existing law, 5 members of the New Motor Vehicle Board are
required to constitute a quorum except that 3 members of the board,
who are not new motor vehicle dealers, may constitute a quorum for
the purposes of specified provisions of existing law.
   This bill would provide that 3 members of the board, who are not
new motor vehicle dealers, constitute a quorum to consider petitions
involving disputes between franchisees and franchisors, as specified.

   The bill would delete an obsolete cross-reference and revise other
cross-references in related provisions, as specified.


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


  SECTION 1.  Section 3010 of the Vehicle Code is amended to read:
   3010.  Five members of the board shall constitute a quorum for the
transaction of business, for the performance of any duty or the
exercise of any power or authority of the board, except that three
members of the board, who are not new motor vehicle dealers, shall
constitute a quorum for the purposes of Article 4 (commencing with
Section 3060) and the consideration of a petition pursuant to
subdivision (c) of Section 3050 that involves a dispute between a
franchisee and franchisor.
  SEC. 2.  Section 3050.1 of the Vehicle Code is amended to read:
   3050.1.  (a) In any proceeding, hearing, or in the discharge of
any duties imposed under this chapter, the board, its secretary, or a
hearing officer designated by the board may administer oaths, take
depositions, certify to official acts, and issue subpoenas to compel
attendance of witnesses and the production of books, records, papers,
and other documents in any part of the state.
   (b) For purposes of discovery, the board or its secretary may, if
deemed appropriate and proper under the circumstances, authorize the
parties to engage in those discovery procedures as are provided for
in civil actions in Article 3 (commencing with Section 2016) of
Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure,
excepting the provisions of Section 2030 of that code.  Discovery
shall be completed no later than 15 days prior to the commencement of
the proceeding or hearing before the board.  This subdivision shall
apply only to those proceedings or hearings involving a petition or
protest filed pursuant to subdivision (c) or (d) of Section 3050.
The board, its secretary, or a hearing officer designated by the
board may issue subpoenas to compel attendance at depositions of
persons having knowledge of the acts, omissions or events which are
the basis for the proceedings, as well as the production of books,
records, papers and other documents.
  SEC. 3.  Section 3051 of the Vehicle Code is amended to read:
   3051.  This chapter does not apply to any person licensed as a
transporter under Article 1 (commencing with Section 11700) or as a
salesperson under Article 2 (commencing with Section 11800) of
Chapter 4 of Division 5, or to any licensee who is not a new motor
vehicle dealer, motor vehicle manufacturer, manufacturer branch, new
motor vehicle distributor, distributor branch or representative.
This chapter does not apply to transactions involving "mobilehomes,"
as defined in Section 18008 of the Health and Safety Code,
"recreational vehicles," as defined in Section 18010 of the Health
and Safety Code, "commercial coaches," as defined in Section 18001.8
of the Health and Safety Code, or off-highway motor vehicles subject
to identification, as defined in Section 38012, except off-highway
motorcycles, as defined in Section 436, and all-terrain vehicles, as
defined in Section 111.  Except as otherwise provided in this
chapter, this chapter applies to a new motor vehicle dealer as
defined in Section 426, a vehicle manufacturer as defined in Section
672, a manufacturer branch as defined in Section 389, a distributor
as defined in Section 296, a distributor branch as defined in Section
297, a representative as defined in Section 512, or an applicant
therefor.