California 2009-2010 Regular Session Status: To Executive

AB 2597 — Vehicles: manufacturers and distributors.

Last action — Vetoed by Governor.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 generally requires a 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 additionally prohibit a manufacturer, manufacturer branch, distributor, or distributor branch from unfairly discriminating in favor of a motorsports dealer when acting as a manufacturer, manufacturer branch, distributor, or distributor branch of motorsports vehicles, and from requiring or attempting to require a motorsports dealer to maintain a motorsports inventory in a specified manner. The bill would also define a motorsports dealer for these purposes. (2) 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. (3) 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. Vetoed by Governor.

  2. Enrolled and to the Governor at 5 p.m.

  3. Senate amendments concurred in. To enrollment. (Ayes 75. Noes 0. Page 6877.)

  4. In Assembly. Concurrence in Senate amendments pending.

  5. Read third time, passed, and to Assembly. (Ayes 24. Noes 7. Page 4937.)

  6. Read second time. To third reading.

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

  8. Read second time and amended. Re-referred to Com. on APPR.

  9. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 3. Noes 1.) (June 29).

  10. Referred to Com. on JUD.

  11. In Senate. Read first time. To Com. on RLS. for assignment.

  12. Read third time, passed, and to Senate. (Ayes 68. Noes 4. Page 5576.)

  13. Assembly Rule 69(d) suspended. (Page 5549.)

  14. Read third time, amended, and returned to third reading. (Page 5447.).

  15. Read second time. To third reading.

  16. From committee: Do pass. (Ayes 14. Noes 0.) (May 19).

  17. In committee: Set, first hearing. Hearing canceled at the request of author.

  18. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 10. Noes 1.) (April 19).

  19. Re-referred to Com. on TRANS.

  20. From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended.

  21. Referred to Com. on TRANS.

  22. Read first time.

  23. From printer. May be heard in committee March 23.

  24. Introduced. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 1 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

AB 2597 Bill Berryhill Concurrence in Senate Amendments

Passed 87 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 81003
Republican 3000
Democratic 3000
Total 87003
% of votes cast 97%0%0%3%
How each member voted (90)
Member Party Vote
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Fletcher — Not Voting
Yamada — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Tran — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Davis — Yea
Bill — Yea
Tom — Yea
Evans — Yea
Feuer — Yea
Furutani — Yea
Charles — Yea
Galgiani — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
Harkey — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hill — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Anderson — Yea
Bass — Yea
Block — Yea
Huber — Yea
Jeffries — Yea
Knight — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Adams — Yea
Ammiano — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huffman — Yea
Lieu — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Norby — Not Voting
Smyth — Yea
Torlakson — Yea
Villines — Yea
Eng — Yea
DeVore — Yea
Fuentes — Yea
Fuller — Not Voting
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 Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Assembly 3rd Reading AB2597 Bill Berryhill

Passed 25 Yea · 7 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 23707
Democratic 2000
Republican 0001
Total 25708
% of votes cast 63%18%0%20%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Yea
Cedillo — Yea
Hancock — Yea
Harman — Nay
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Corbett — Yea
Correa — Yea
Huff — Yea
Kehoe — Yea
Liu — Not Voting
McLeod — Yea
Oropeza — Not Voting
Alquist — Yea
Ashburn — Nay
Blakeslee — Yea
Ducheny — Not Voting
Dutton — Nay
Price — Yea
Simitian — Yea
Steinberg — Yea
Wolk — Yea
Wright — Yea
Aanestad — Nay
Hollingsworth — Nay
Leno — Yea
Pavley — Yea
Romero — Yea
Walters — Nay
Wiggins — Not Voting
Cogdill — Not Voting
Emmerson — Nay
DeSaulnier — Yea
Denham — Not Voting
Florez — Not Voting
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

AB 2597 BERRYHILL, B. Assembly Third Reading

Passed 78 Yea · 4 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 75307
Democratic 2001
Republican 1101
Total 78409
% of votes cast 86%4%0%10%
How each member voted (91)
Member Party Vote
Hagman — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Coto — Yea
Davis — Yea
Bill — Yea
Feuer — Yea
Fuentes — Yea
Galgiani — Yea
Charles — Yea
Gilmore — Yea
Hall — Yea
Harkey — Yea
Hernandez — Yea
Hill — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Huffman — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Ammiano — Yea
Bass — Yea
Beall — Yea
DeVore — Yea
Jeffries — Yea
Lieu — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Nielsen — Yea
Ruskin — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
John — Yea
A. — Yea
Perez — Yea
Yamada — Yea
Fletcher — Nay
Tom — Not Voting
Audra — Not Voting
Cook — Not Voting
Garrick — Not Voting
Norby — Not Voting
Silva — Nay
Villines — Yea
Adams — Yea
Anderson — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Yea
Ma — Yea
Monning — Yea
Skinner — Yea
Swanson — Yea
Torrico — Yea
Emmerson — Nay
Eng — Yea
Evans — Yea
Fuller — Not Voting
Furutani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Not Voting
Arambula, Joaquin Democratic Not Voting
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Not Voting

Official roll call →

Do pass.

Passed 15 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 14004
Democratic 1000
Total 15004
% of votes cast 79%0%0%21%
How each member voted (19)
Member Party Vote
Conway — Yea
Charles — Yea
De — Not Voting
Leon — Not Voting
Fuentes — Yea
Hall — Yea
Hill — Yea
Miller — Yea
Nielsen — Yea
Skinner — Yea
Torlakson — Yea
Bradford — Yea
Harkey — Not Voting
Norby — Not Voting
Solorio — Yea
Torrico — Yea
Coto — Yea
Davis — Yea
Calderon, Lisa Democratic Yea

Official roll call →

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

Passed 12 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 12003
Republican 0100
Total 12103
% of votes cast 75%6%0%19%
How each member voted (16)
Member Party Vote
Eng — Yea
Furutani — Yea
Bill — Yea
Bonnie — Yea
Lowenthal — Yea
Portantino — Yea
Solorio — Not Voting
Blumenfield — Yea
Buchanan — Yea
Hayashi — Yea
Jeffries — Yea
Miller — Not Voting
Norby — Not Voting
Galgiani — Yea
Bill Berryhill — Yea
Niello, Roger W. Republican Nay

Official roll call →

Subjects

public-safety transportation
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Frequently asked questions

What does AB 2597 do?
(1) Existing law generally requires a 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 additionally prohibit a manufacturer, manufacturer branch, distributor, or distributor branch from unfairly discriminating in favor of a motorsports dealer when acting as a manufacturer, manufacturer branch, distributor, or distributor branch of motorsports vehicles, and from requiring or attempting to require a motorsports dealer to maintain a motorsports inventory in a specified manner. The bill would also define a motorsports dealer for these purposes. (2) 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. (3) 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 AB 2597?
AB 2597 is sponsored by Bill Berryhill.
What is the current status of AB 2597?
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 AB 2597?
Track AB 2597 free on One Click Politics — get push/email alerts when it moves.

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