BILL NUMBER: AB 1534 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 14, 2012
INTRODUCED BY Assembly Member Wieckowski
( Coauthor: Senator Correa
)
JANUARY 24, 2012
An act to add Chapter 5 6
(commencing with Section 10000) 11950)
to Division 3.6 5 of the Vehicle Code,
relating to used vehicle sales vehicles
.
LEGISLATIVE COUNSEL'S DIGEST
AB 1534, as amended, Wieckowski. Vehicles: dealers:
used vehicle sales: labeling requirements.
Existing law regulates the accuracy of information provided to
consumers during vehicle sales, including the information contained
in advertising, brochures, and manuals, as specified. Existing law
also requires manufacturers, as specified, to disclose certain
information regarding a vehicle's engine, as specified, by affixing a
label on the vehicle. Violation A violation
of these provisions is an infraction.
This bill would require every a
dealer , on or after January 1, 2013, to affix
to and to prominently and conspicuously display a
prominent label to every on any
used vehicle offered for sale that states the
reasonable market value of that the
vehicle , as defined . This
The bill would require the label to disclose,
among other things, the vehicle valuation entity
contain specified information used to determine the
vehicle's reasonable market value and the date the value was
determined. By expanding the definition of crimes relating
to vehicle sales, this The bil l would
require a dealer to provide to a prospective purchaser of the used
vehicle a copy of any information obtained from a nationally
recognized pricing guide that the dealer used to determine the
reasonable market value of the vehicle. By creating a new
crime, the 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. Chapter 5 6 (commencing
with Section 10000) 11950) is added to
Division 3.6 5 of the Vehicle Code, to
read:
CHAPTER 5. 6. DISCLOSURE
OF MARKET VALUE SALE OF USED VEHICLES
10000. 11950. (a) Every
A dealer , on or after January 1, 2013,
shall affix a prominent label on
every any used vehicle being offered
for sale that states the reasonable market value of that vehicle.
A valid The label under this
section shall meet all of the following conditions:
(1) Be in writing.
(2) Be printed with a heading that reads "REASONABLE MARKET VALUE
OF THIS VEHICLE" in at least 16-point bold type and text in at least
12-point type.
(3) Be located adjacent to the window sticker identifying the
equipment provided with the vehicle or, if none, it shall be located
prominently and conspicuously on the vehicle in such a
fashion so that it is readily readable.
(4) Contain the information used to determine the reasonable
market value of the vehicle, including, but not limited to, the
vehicle valuation entity used to determine the reasonable
market value. use of a nationally recognized pricing
guide for used vehicles.
(5) Contain the date the reasonable market value was determined.
(b) For purposes of this section, "reasonable market value"
(b) A dealer shall provide to a prospective purchaser of the used
vehicle a copy of any information obtained from a nationally
recognized pricing guide that the dealer used to determine the
reasonable market value of the vehicle.
(c) As used in this section:
(1) "Reasonable market value"
means the average retail value of a used vehicle based on the
condition, mileage, year, make, and model of the vehicle, as
determined within the last 30 days by a vehicle valuation
entity nationally recognized pricing guide that
provides used vehicle value guides or vehicle
retail values or pricing reports to dealers
or the public.
(2) "Nationally recognized pricing guide" includes, but is not
limited to, the Kelley Blue Book (KBB), Edmunds, the Black Book, or
the National Automobile Dealers' Association (NADA) Guide.
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.