(1) Existing law makes it a violation of the Vehicle Code for the holder of a vehicle dealer's license to commit specified actions, including, among other things, to advertise for sale, sell, or purchase for resale a new vehicle of a line-make for which the dealer does not hold a franchise. Existing law also lists various exceptions to this requirement. This bill would expand the list of existing exceptions to also include a vehicle acquired in the ordinary course of business as a new vehicle by a dealer franchised to sell that vehicle if specified conditions are met, including if the manufacturer or distributor of the vehicle files a bankruptcy petition. (2) Existing law generally requires a manufacturer, manufacturer branch, remanufacturer, remanufacturer branch, distributor, distributor branch, transporter, or dealer of vehicles to be licensed by the Department of Motor Vehicles. Under existing law, it is unlawful for a manufacturer, manufacturer branch, distributor, or distributor branch to, among other things, dishonor a warranty, rebate, or other incentive offered to the public or a dealer, as specified, or to unfairly discriminate in favor of a dealership owned or controlled, in whole or part, by a manufacturer or an entity that controls or is controlled by a manufacturer or distributor. This bill would prohibit a manufacturer, manufacturer branch, distributor, or distributor branch from preventing, or attempting to prevent, by contract or otherwise, a dealer from acquiring, adding, or maintaining a sales or service operation for another line-make of motor vehicles at the same or expanded facility at which the dealer currently operates a dealership if the dealer complies with any reasonable facilities and capital requirements of the manufacturer or distributor or from requiring a dealer to establish or maintain exclusive facilities, personnel, or display space if the imposition of the requirement would be unreasonable in light of all existing circumstances, including economic conditions. In any proceeding under these provisions in which the reasonableness of a facility requirement is an issue, the manufacturer or distributor would have the burden of proof. The bill would also prohibit additional specified unlawful acts by a manufacturer, manufacturer branch, distributor, or distributor branch against a dealer. (3) Under existing law, a violation of the above provisions relating to occupational licensing and business regulations in the Vehicle Code is a misdemeanor. Because this bill would create a new crime, it would impose a state-mandated local program. (4) 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. (5) This bill would declare that it is to take effect immediately as an urgency statute.
Sponsored bills
This measure would recognize February 2009 as Black History Month, urge all citizens to join in celebrating the accomplishments of African Americans during Black History Month, and encourage the people of California to recognize the many talents, achievements, and contributions that African Americans make to their communities.
This measure would recognize the weeks of February 22 through February 28, 2009, and February 21 through February 27, 2010, as Eating Disorders Awareness Week and would encourage citizens and policymakers to learn more about eating disorders and the obstacles to treatment, and to help people overcome and prevent these life-threatening diseases.
This measure would proclaim the month of May 2009 as Amyotrophic Lateral Sclerosis Awareness Month in California, and would encourage continued research in order to find treatments and eventually a cure for amyotrophic lateral sclerosis and care and support for patients and families.
This measure would recognize California as the leading high technology center in the United States and would declare that it shall remain the leading high technology center in the United States. The measure would also declare the 2nd week of May, annually, as California High Technology Week.
This measure would urge the Congress and President of the United States to enact legislation that would provide for a 3-year extension of the Ryan White HIV/AIDS Treatment Modernization Act of 2006, including the existing formula-based funding for states with maturing names-based HIV reporting systems, from its current sunset on September 30, 2009, to September 30, 2012.
This measure would urge the United States government to urge the Mexican government to extend the deadline for Mexican laborers, known as braceros, who worked in the United States beginning in 1942 as part of a labor importation program initiated by the United States to alleviate a labor shortage during World War II, to submit a claim to recover unpaid wages from a specified settlement fund. It would also urge the United States government to urge the Mexican government to accept a variety of documents as proof of a valid claim.