California 2009-2010 Regular Session Status: To Executive

SB 1004 — Vehicles: licensed dealers and salespersons: credit scores.

Last action — Chaptered by Secretary of State. Chapter 483, Statutes of 2010.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) Existing law imposes licensing and regulatory requirements on vehicle dealers and vehicle salespersons. Existing law requires a dealer's place of business to have posted the license issued by the Department of Motor Vehicles to the dealer and to each salesperson employed by the dealer. This bill would instead authorize the dealer to post a true and exact copy of the license issued by the Department of Motor Vehicles to the dealer and to each salesperson employed by the dealer and would make other conforming changes. (2) Existing law requires the applicant of a dealer's or remanufacturer's license, before the license is issued or renewed by the department, to procure and file with the department a bond, as provided. Existing law authorizes the director of the department, if a deposit is given instead of the bond, to order the deposit returned at the expiration of specified dates. This bill would also authorize the director to order the deposit to be returned at the expiration of 5 years from the date the licensee secured and maintained a dealer bond, after posting a deposit, if the director is satisfied that there are no outstanding claims against the deposit. (3) Existing law requires a dealer that obtains a consumer credit score from a consumer credit reporting agency, for use in connection with an application for credit initiated by a consumer for the purchase or lease of a motor vehicle for specified uses, to provide, prior to the sale, certain information in at least 10-point boldface type on a document separate from the sale or lease contract, that includes, among other things, the credit score obtained and used by the dealer and the name of the credit reporting agency providing the credit score to the dealer. This bill would delete these requirements and instead require a dealer to provide a document, in at least 10-point type, that contains certain information pertaining to credit scores, including each credit score obtained and used by the dealer and a statement that a consumer report or credit report is a record of the consumer's credit history and includes information about whether the consumer pays his or her obligations on time and how much the consumer owes to creditors, among other things. The bill would provide that use of a specified model form, that meets federal requirements for form and content, would be deemed to comply with the above requirements. The bill would also provide that it does not limit or restrict any rights or remedies otherwise available under existing law. (4) Existing law authorizes the department to refuse to issue, to suspend, or to revoke a vehicle salesperson's license when it determines, among other things, that the applicant or licensee has acted as a vehicle salesperson or engaged in that activity for, or on behalf of, more than one licensed dealer whose business does not have identical ownership and structure. Existing law provides that the law does not preclude a vehicle salesperson from working at more than one location of one licensed dealer if the business of that dealer has identical ownership and structure. This bill would authorize the department to refuse to issue, to suspend, or to revoke a vehicle salesperson's license when it determines, among other things, that the applicant or licensee has concurrently acted as a vehicle salesperson and engaged in that activity for, or on behalf of, more than one licensed dealer unless all of the licensed dealers, for whom that salesperson works, have common controlling ownership. The bill would also provide that the law does not preclude a vehicle salesperson from working for more than one dealer provided that all of the licensed dealers for whom that salesperson works have common controlling ownership, as defined. (5) Existing law requires the salesperson's license to be displayed continuously during employment and requires that the license be returned to the salesperson once employment is terminated. A violation of these requirements is a crime. This bill would require the dealer to display the license or a true and exact copy of the license continuously at each location where the salesperson is actually engaged in the selling of vehicles. Once the employment is terminated, this bill would require all copies used by the dealer for posting or display to be destroyed by the dealer. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. (6) 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.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 483, Statutes of 2010.

  2. Approved by Governor.

  3. Enrolled. To Governor at 4 p.m.

  4. Senate concurs in Assembly amendments. (Ayes 34. Noes 0. Page 4948.) To enrollment.

  5. To Special Consent Calendar.

  6. From committee: That the Assembly amendments be concurred in. (Ayes 4. Noes 0. Page 4806.)

  7. Set for hearing August 23.

  8. From committee: Be re-referred to Com. on JUD. pursuant to Senate Rule 29.10. (Ayes 4. Noes 0. Page 4627.) Re-referred to Com. on JUD.

  9. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10.

  10. In Senate. To unfinished business.

  11. Read third time. Passed. (Ayes 76. Noes 0. Page 6305.) To Senate.

  12. Assembly Rule 69 (d) suspended. (Page 6303.)

  13. Read third time. Amended. (Page 6237.) To third reading.

  14. Read second time. To third reading.

  15. (Heard in committee on June 30).

  16. From committee: Do pass. (Ayes 17. Noes 0.)

  17. (Heard in committee on June 7.)

  18. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 11. Noes 0.) Re-referred to Com. on APPR.

  19. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on TRANS.

  20. To Com. on TRANS.

  21. In Assembly. Read first time. Held at Desk.

  22. Read third time. Passed. (Ayes 34. Noes 0. Page 3413.) To Assembly.

  23. To Special Consent Calendar.

  24. Read second time. To third reading.

  25. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  26. Set for hearing April 26.

  27. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 8. Noes 0. Page 3038.) Re-referred to Com. on APPR.

  28. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on T. & H.

  29. Set for hearing March 23.

  30. To Com. on T. & H.

  31. From print. May be acted upon on or after March 13.

  32. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Cox · Cosponsor
  • DeVore · Cosponsor
  • Denham · Cosponsor
  • Fuller · Cosponsor
  • Gilmore · Cosponsor
  • Harman · Cosponsor
  • Huff · Primary
  • Silva · Cosponsor
  • Smyth · Cosponsor
  • Wyland · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 9 co-sponsors · 112 not signed on

Sponsors (1)

  • Huff

Co-sponsors (9)

  • Cox
  • DeVore
  • Denham
  • Fuller
  • Gilmore
  • Harman
  • Silva
  • Smyth
  • Wyland

Not signed on (112)

112 members have not signed on to this bill.

Show all 112 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Special Consent #32 SB1004 Huff

Passed 35 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 33004
Democratic 2000
Republican 0001
Total 35005
% of votes cast 88%0%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Yea
Cogdill — Yea
Wyland — Yea
Corbett — Yea
Ducheny — Yea
Dutton — Yea
Florez — Not Voting
Hancock — Yea
Hollingsworth — Yea
Huff — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Oropeza — Not Voting
Alquist — Yea
Simitian — Yea
Walters — Yea
Wiggins — Not Voting
Wright — Yea
Aanestad — Yea
Ashburn — Yea
Blakeslee — Yea
Harman — Yea
Kehoe — Yea
Pavley — Yea
Price — Yea
Romero — Yea
Steinberg — Yea
Wolk — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Not Voting
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

SB 1004 Huff Senate Third Reading By SMYTH

Passed 85 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 80005
Democratic 2001
Republican 3000
Total 85006
% of votes cast 93%0%0%7%
How each member voted (91)
Member Party Vote
Hall — Yea
Eng — Yea
Evans — Yea
Fuentes — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Furutani — Yea
Galgiani — Yea
Gilmore — Yea
Hagman — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Ammiano — Yea
Anderson — Yea
Beall — Yea
Block — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Charles — Not Voting
De — Not Voting
La — Not Voting
Torre — Not Voting
Hayashi — Yea
Hill — Yea
Blakeslee — Not Voting
Huffman — Yea
Knight — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Norby — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Bass — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hernandez — Yea
Huber — Yea
Jeffries — Yea
Logue — Yea
Ma — Yea
Nava — Yea
Nielsen — Yea
Skinner — Yea
Swanson — Yea
Torrico — Yea
Coto — Yea
Feuer — Yea
Davis — Yea
DeVore — Yea
Yamada — Yea
Fuller — Yea
Garrick — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 19 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 18000
Democratic 1000
Total 19000
% of votes cast 100%0%0%0%
How each member voted (19)
Member Party Vote
Hall — Yea
Conway — Yea
Gatto — Yea
Charles — Yea
Harkey — Yea
De — Yea
Leon — Yea
Coto — Yea
Miller — Yea
Norby — Yea
Torrico — Yea
Bradford — Yea
Nielsen — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Do pass and be re-referred to the Committee on Appropriations.

Passed 13 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 12003
Republican 1000
Total 13003
% of votes cast 81%0%0%19%
How each member voted (16)
Member Party Vote
Bill — Yea
Furutani — Yea
Bonnie — Yea
Lowenthal — Yea
Portantino — Yea
Jeffries — Yea
Miller — Yea
Norby — Not Voting
Solorio — Yea
Blumenfield — Yea
Buchanan — Yea
Hayashi — Yea
Eng — Not Voting
Galgiani — Not Voting
Bill Berryhill — Yea
Niello, Roger W. Republican Yea

Official roll call →

Special Consent #22 SB1004 Huff

Passed 35 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 33003
Republican 1000
Democratic 1001
Total 35004
% of votes cast 90%0%0%10%
How each member voted (39)
Member Party Vote
Yee — Yea
Wyland — Yea
Cogdill — Yea
Hancock — Yea
Harman — Yea
Huff — Yea
Kehoe — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Corbett — Yea
Ducheny — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Alquist — Not Voting
Ashburn — Yea
Dutton — Yea
Oropeza — Yea
Pavley — Yea
Romero — Yea
Steinberg — Not Voting
Wiggins — Not Voting
Wolk — Yea
Aanestad — Yea
Hollingsworth — Yea
Price — Yea
Simitian — Yea
Walters — Yea
Wright — Yea
Cedillo — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass, but re-refer to the Committee on Appropriations.

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Lowenthal — Yea
Huff — Yea
Kehoe — Yea
Oropeza — Yea
Pavley — Yea
Simitian — Yea
Ashburn — Yea
Harman — Not Voting
DeSaulnier — Yea

Official roll call →

Subjects

public-safety labor transportation
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Frequently asked questions

What does SB 1004 do?
(1) Existing law imposes licensing and regulatory requirements on vehicle dealers and vehicle salespersons. Existing law requires a dealer's place of business to have posted the license issued by the Department of Motor Vehicles to the dealer and to each salesperson employed by the dealer. This bill would instead authorize the dealer to post a true and exact copy of the license issued by the Department of Motor Vehicles to the dealer and to each salesperson employed by the dealer and would make other conforming changes. (2) Existing law requires the applicant of a dealer's or remanufacturer's license, before the license is issued or renewed by the department, to procure and file with the department a bond, as provided. Existing law authorizes the director of the department, if a deposit is given instead of the bond, to order the deposit returned at the expiration of specified dates. This bill would also authorize the director to order the deposit to be returned at the expiration of 5 years from the date the licensee secured and maintained a dealer bond, after posting a deposit, if the director is satisfied that there are no outstanding claims against the deposit. (3) Existing law requires a dealer that obtains a consumer credit score from a consumer credit reporting agency, for use in connection with an application for credit initiated by a consumer for the purchase or lease of a motor vehicle for specified uses, to provide, prior to the sale, certain information in at least 10-point boldface type on a document separate from the sale or lease contract, that includes, among other things, the credit score obtained and used by the dealer and the name of the credit reporting agency providing the credit score to the dealer. This bill would delete these requirements and instead require a dealer to provide a document, in at least 10-point type, that contains certain information pertaining to credit scores, including each credit score obtained and used by the dealer and a statement that a consumer report or credit report is a record of the consumer's credit history and includes information about whether the consumer pays his or her obligations on time and how much the consumer owes to creditors, among other things. The bill would provide that use of a specified model form, that meets federal requirements for form and content, would be deemed to comply with the above requirements. The bill would also provide that it does not limit or restrict any rights or remedies otherwise available under existing law. (4) Existing law authorizes the department to refuse to issue, to suspend, or to revoke a vehicle salesperson's license when it determines, among other things, that the applicant or licensee has acted as a vehicle salesperson or engaged in that activity for, or on behalf of, more than one licensed dealer whose business does not have identical ownership and structure. Existing law provides that the law does not preclude a vehicle salesperson from working at more than one location of one licensed dealer if the business of that dealer has identical ownership and structure. This bill would authorize the department to refuse to issue, to suspend, or to revoke a vehicle salesperson's license when it determines, among other things, that the applicant or licensee has concurrently acted as a vehicle salesperson and engaged in that activity for, or on behalf of, more than one licensed dealer unless all of the licensed dealers, for whom that salesperson works, have common controlling ownership. The bill would also provide that the law does not preclude a vehicle salesperson from working for more than one dealer provided that all of the licensed dealers for whom that salesperson works have common controlling ownership, as defined. (5) Existing law requires the salesperson's license to be displayed continuously during employment and requires that the license be returned to the salesperson once employment is terminated. A violation of these requirements is a crime. This bill would require the dealer to display the license or a true and exact copy of the license continuously at each location where the salesperson is actually engaged in the selling of vehicles. Once the employment is terminated, this bill would require all copies used by the dealer for posting or display to be destroyed by the dealer. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. (6) 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.
Who sponsors SB 1004?
SB 1004 is sponsored by Cox, DeVore, Denham, Fuller, Gilmore, Harman, Huff, Silva, Smyth, and Wyland.
What is the current status of SB 1004?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1004?
Track SB 1004 free on One Click Politics — get push/email alerts when it moves.

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