Bill Text: CA AB753 | 2011-2012 | Regular Session | Amended

California Assembly Bill 753 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Vehicles: rentals.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2011-08-15 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB753 Detail]

Download: California-2011-AB753-Amended.html

BILL NUMBER: AB 753	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 20, 2011
	AMENDED IN ASSEMBLY  APRIL 14, 2011
	AMENDED IN ASSEMBLY  MARCH 22, 2011

INTRODUCED BY   Assembly Member Monning
    (   Coauthor:   Senator  
Strickland   ) 

                        FEBRUARY 17, 2011

   An act to amend  Section 1936 of the Civil Code 
  Section 24010 of, and to add 24010.1 to, the Vehicle Code 
, relating to vehicle rentals.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 753, as amended, Monning.  The Raechel and Jacqueline
Houck Rental Car Safety Act: vehicle   Vehicles: 
rentals. 
   (1) Existing law prohibits a person engaging in the short-term
rental of vehicles from renting a vehicle unless the vehicle meets
specified requirements. A violation of this prohibition is a crime.
 
   This bill would further prohibit the short-term rental of a
vehicle that is subject to a federal safety recall notice unless
specified conditions are met. The bill would prohibit a person
engaging in the short-term rental of vehicles from selling a vehicle
at retail unless the vehicle meets specified requirements. Because a
violation of these prohibitions is a crime, this bill would impose a
state-mandated local program.  
   (2) 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.  
   Under existing federal law, when a manufacturer of motor vehicles
or replacement equipment determines that any motor vehicle or item of
replacement equipment produced by the manufacturer contains a defect
that relates to motor vehicle safety, or fails to conform to an
applicable federal motor vehicle safety standard, the manufacturer is
required to provide notification to owners, dealers, and
distributors of motor vehicles and replacement equipment, as
specified.  
   Existing state law requires a vehicle rental company to make
certain disclosures to a person who rents a vehicle. 

   This bill would enact the Raechel and Jacqueline Houck Rental Car
Safety Act, which would prohibit a rental company from renting,
selling, or distributing a vehicle to a person after the rental
company has received a safety recall notice for that vehicle pursuant
to specified provisions of federal law, unless the repairs necessary
to correct the defect or noncompliance have been performed on the
vehicle. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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

   SECTION 1.    Section 24010 of the   Vehicle
Code   is amended to read: 
   24010.  (a)  No   A  person engaged in
the rental of  any   a  vehicle, for
periods of 30 days or less, shall  not  rent, lease or
otherwise allow the operation of  such   that
 vehicle unless all of the following requirements are met:
   (1) All necessary equipment required by this code and regulations
adopted pursuant to this code for the operation of the vehicle upon a
highway has been provided or offered to the lessee for his or her
use.
   (2) The vehicle conforms to all applicable federal motor vehicle
safety standards established under the  federal  National
Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. Sec. 1381 et
seq.) and the regulations adopted under that act.
   (3) The vehicle is mechanically sound and safe to operate within
the meaning of Section 24002. 
   (4) If the vehicle is subject to a federal safety recall notice
pursuant to Part 577 (commencing with Section 577.1) of Chapter V of
Subtitle B Title 49 of the Code of Federal Regulations, the repairs
necessary to correct the noncompliance or defect have been performed
on the vehicle consistent with that part.  
   (5) If the vehicle is subject to a federal safety recall notice
pursuant to Part 577 (commencing with Section 577.1) of Chapter V of
Subtitle B Title 49 of the Code of Federal Regulations that provides
for interim steps to temporarily correct the noncompliance or defect,
the interim steps as provided in the most recent notice have been
performed on the vehicle.  
   (b) For the purposes of paragraphs (4) and (5) of subdivision (a),
a vehicle is not deemed to be subject to a federal safety recall
notice pursuant to Part 577 (commencing with Section 577.1) of
Chapter V of Subtitle B Title 49 of the Code of Federal Regulations
if any of the following conditions are met:  
   (1) The federal safety recall notice has not been received by the
lessor at the time the lessor provides the vehicle to the lessee.
 
   (2) The vehicle is subject to a safety recall conducted in stages,
including, but not limited to, a recall notice or a series of
notices advising owners of vehicles in different model years to take
their vehicle to an authorized dealer to have the repair work
performed during subsequent time periods, and the lessor has not
received a notice advising it in writing that the vehicle should be
taken to an authorized dealer to have the recall work performed.
 
   (3) The vehicle is subject to a federal safety recall notice that
is only applicable to geographic regions outside of the state. 

   (b) 
    (c)    In order to ensure compliance with this
section, the department may conduct periodic inspections, without
prior notice, of the business premises of persons engaged in the
rental of vehicles for periods of 30 days or less and of the vehicles
themselves, for the purpose of ascertaining that the vehicles are in
compliance with this section. Any vehicle which is found not in
compliance shall not be rented or leased until proof of full
compliance with this section is made to the satisfaction of the
department. 
   (c) 
    (d)    The contract or rental agreement shall
include the name of the person from whom the vehicle is rented,
leased or obtained, the address of that person's place of business in
this state where the vehicle is rented, leased, or delivered, and a
statement of any required equipment refused by the person to whom the
vehicle is rented, leased, or delivered.
   SEC. 2.    Section 24010.1 is added to the  
Vehicle Code   , to read: 
   24010.1.  A person subject to the requirements of Section 24010
shall not sell a vehicle at retail, unless that vehicle is in
compliance with the requirements of Section 24010. 
   SEC. 3.    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.  All matter omitted in this version of
the bill appears in the bill as amended in the Assembly April 14,
2011. (JR11)