California 2015-2016 Regular Session Status: Enacted

AB 265 — Consumer protection: buy-here-pay-here dealers.

Last action — Chaptered by Secretary of State - Chapter 179, Statutes of 2015.

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

This bill has been enacted into law. Introduced February 10, 2015. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law requires buy-here-pay-here dealers, as defined, to provide buyers with specific warranties, disclosures, and services. Existing law prohibits a buy-here-pay-here dealer from locating a vehicle with electronic tracking technology or disabling a vehicle with starter interrupt technology unless the dealer provides written disclosure to the buyer at the time the vehicle is purchased that the vehicle is equipped with starter interrupt technology and that disclosure informs the buyer that a warning will be provided no less than 48 hours before the use of the starter interrupt technology to shut down the vehicle remotely, as specified. Existing law provides that in the event of an emergency the buyer will be provided with the ability to start a dealer-disabled vehicle for no less than 24 hours after the vehicle's initial disablement. Existing law makes a violation of this prohibition a misdemeanor punishable as a fine not exceeding $1,000. This bill would instead require the written disclosure provided to the buyer at the time of sale to inform the buyer that a warning will be provided 5 days before the use of the starter interrupt technology for all weekly payment term contracts and 10 days before the use of starter interrupt technology on all other contracts and a final warning will be provided no less than 48 hours before the use of the starter interrupt technology to shut down the vehicle remotely, as specified. The bill would require the written disclosure provided to the buyer at the time of sale to inform the buyer that in the event of an emergency he or she will be provided with the ability to start a dealer-disabled vehicle for no less than 24 hours after the vehicle's initial disablement. The bill would also increase the maximum fine amount from $1,000 to $2,000. By expanding the scope of a crime, this 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.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 179, Statutes of 2015.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 2412.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 15 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 1901.).

  7. Read second time. Ordered to third reading.

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

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

  10. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 16).

  11. Referred to Com. on JUD.

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

  13. Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1217.)

  14. Read second time. Ordered to third reading.

  15. From committee: Do pass. (Ayes 17. Noes 0.) (April 22).

  16. From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (April 7). Re-referred to Com. on APPR.

  17. Re-referred to Com. on P. & C.P.

  18. From committee chair, with author's amendments: Amend, and re-refer to Com. on P. & C.P. Read second time and amended.

  19. Re-referred to Com. on P. & C.P.

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

  21. Referred to Com. on P. & C.P.

  22. From printer. May be heard in committee March 13.

  23. Read first time. To print.

Sponsors

  • Holden · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Holden

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 265 HOLDEN Concurrence in Senate Amendments

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 4000
Unaffiliated 69001
Republican 6000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Holden — Yea
Kim — Yea
Maienschein — Yea
Mathis — Yea
Ting — Yea
Eggman — Yea
Salas — Yea
Burke — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Cooley — Yea
Cooper — Yea
Frazier — Yea
Harper — Yea
Linder — Yea
Low — Yea
Mayes — Yea
Achadjian — Yea
Brough — Yea
Brown — Yea
McCarty — Yea
Nazarian — Yea
O'Donnell — Yea
Obernolte — Yea
Olsen — Yea
Perea — Yea
Rendon — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Weber — Yea
Wilk — Yea
Williams — Yea
Chang — Yea
Chávez — Yea
Dababneh — Yea
Daly — Yea
Dodd — Yea
Baker — Yea
Bigelow — Yea
Bloom — Yea
Gatto — Yea
Jones-Sawyer — Yea
Levine — Yea
Melendez — Yea
Steinorth — Yea
Thurmond — Yea
Waldron — Yea
Gray — Yea
Campos — Yea
Alejo — Yea
Medina — Yea
Mullin — Yea
Wagner — Yea
Atkins — Yea
Bonilla — Yea
Lopez — Yea
Gordon — Not Voting
Hadley — Yea
Quirk — Yea
Santiago — Yea
Wood — Yea
Gomez — Yea
Gonzalez — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea

Official roll call →

3rd Reading AB265 Holden By Wieckowski

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 35002
Democratic 3000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Hernandez — Yea
Huff — Yea
Liu — Yea
Fuller — Yea
Cannella — Yea
Allen — Yea
Galgiani — Yea
Mitchell — Yea
De León — Yea
Runner — Yea
Glazer — Yea
Hall — Yea
Hancock — Yea
Hertzberg — Yea
Hill — Yea
Beall — Yea
Block — Yea
Hueso — Not Voting
Lara — Yea
Leno — Yea
Leyva — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Yea
Morrell — Yea
Nielsen — Yea
Pan — Yea
Pavley — Yea
Roth — Yea
Vidak — Yea
Wieckowski — Yea
Wolk — Not Voting
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

AB 265 HOLDEN Assembly Third Reading

Passed 77 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 67003
Democratic 4000
Republican 6000
Total 77003
% of votes cast 96%0%0%4%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Baker — Yea
Bloom — Yea
Brown — Yea
Harper — Yea
Levine — Yea
Low — Yea
Maienschein — Yea
Mathis — Yea
Obernolte — Yea
Perea — Yea
Ridley-Thomas — Yea
Wagner — Yea
Weber — Yea
Williams — Yea
Eggman — Yea
Cooper — Yea
Frazier — Yea
Burke — Yea
Chau — Yea
Chiu — Yea
Salas — Yea
Gomez — Yea
Chu — Yea
Linder — Yea
Brough — Yea
Cooley — Yea
Mayes — Yea
McCarty — Yea
Nazarian — Yea
O'Donnell — Yea
Olsen — Yea
Rendon — Yea
Rodriguez — Yea
Thurmond — Yea
Waldron — Yea
Wilk — Yea
Chang — Yea
Gatto — Yea
Gray — Yea
Holden — Yea
Jones-Sawyer — Yea
Atkins — Yea
Dababneh — Yea
Bonilla — Yea
Lopez — Yea
Kim — Yea
Bigelow — Yea
Daly — Yea
Dodd — Yea
Medina — Yea
Melendez — Yea
Mullin — Yea
Santiago — Yea
Steinorth — Yea
Campos — Not Voting
Chávez — Not Voting
Quirk — Yea
Ting — Yea
Wood — Yea
Gonzalez — Yea
Gordon — Yea
Hadley — Yea
Beth Gaines — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Democratic 2000
Republican 2000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bloom — Yea
Holden — Yea
Quirk — Yea
Wood — Yea
Eggman — Yea
Gomez — Yea
Chang — Yea
Daly — Yea
Rendon — Yea
Wagner — Yea
Weber — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

public-safety finance civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 265 do?
Existing law requires buy-here-pay-here dealers, as defined, to provide buyers with specific warranties, disclosures, and services. Existing law prohibits a buy-here-pay-here dealer from locating a vehicle with electronic tracking technology or disabling a vehicle with starter interrupt technology unless the dealer provides written disclosure to the buyer at the time the vehicle is purchased that the vehicle is equipped with starter interrupt technology and that disclosure informs the buyer that a warning will be provided no less than 48 hours before the use of the starter interrupt technology to shut down the vehicle remotely, as specified. Existing law provides that in the event of an emergency the buyer will be provided with the ability to start a dealer-disabled vehicle for no less than 24 hours after the vehicle's initial disablement. Existing law makes a violation of this prohibition a misdemeanor punishable as a fine not exceeding $1,000. This bill would instead require the written disclosure provided to the buyer at the time of sale to inform the buyer that a warning will be provided 5 days before the use of the starter interrupt technology for all weekly payment term contracts and 10 days before the use of starter interrupt technology on all other contracts and a final warning will be provided no less than 48 hours before the use of the starter interrupt technology to shut down the vehicle remotely, as specified. The bill would require the written disclosure provided to the buyer at the time of sale to inform the buyer that in the event of an emergency he or she will be provided with the ability to start a dealer-disabled vehicle for no less than 24 hours after the vehicle's initial disablement. The bill would also increase the maximum fine amount from $1,000 to $2,000. By expanding the scope of a crime, this 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.
Who sponsors AB 265?
AB 265 is sponsored by Holden.
What is the current status of AB 265?
This bill has been enacted into law. Introduced February 10, 2015. Enacted.
Where can I track AB 265?
Track AB 265 free on One Click Politics — get push/email alerts when it moves.

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