California 2017-2018 Regular Session Status: To Executive 1 D cosponsors

AB 2107 — New Motor Vehicle Board.

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 2017-2018 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Existing law establishes the New Motor Vehicle Board in the Department of Motor Vehicles, and requires the board to hear and decide certain protests presented by a motor vehicle franchisee in regard to a dispute with the vehicle manufacturer. Existing law, until January 1, 2019, authorizes the board to hear protests by an association challenging the legality of an export or sale-for-resale prohibition policy of a manufacturer, manufacturer branch, distributor, or distributor branch and establishes procedures for hearing those protests, as specified. This bill would extend the operation of the provisions authorizing the board to hear these protests and establishing the hearing procedures until January 1, 2024. Existing law requires the board to hear an appeal filed by a new motor vehicle dealer, manufacturer, manufacturer branch, distributor, or distributor branch licensee or applicant of a decision by the department. This bill would remove this requirement for the board to hear those appeals, and would repeal applicable provisions. Existing law authorizes the board, under specified circumstances, to mediate, arbitrate, or otherwise resolve certain disputes between a member of the public and a new motor vehicle dealer, manufacturer, manufacturer branch, distributor, distributor branch, or representative. This bill would authorize the board to hear those disputes only if they are brought by the member of the public or the member of the public consents to the jurisdiction of the board. Existing law requires a franchisor to fairly compensate for labor and parts used to fulfill warranty obligations. This bill would instead require a franchisor to reimburse a franchisee according to a retail labor rate and retail parts rate established by each franchisee. The bill would prescribe the method by which a franchisee may establish or alter those reimbursement rates and would require the board to resolve any disputes regarding the calculation of those rates. The bill would prohibit specified actions by a franchisor related to the establishment of those reimbursement rates. Existing law prohibits a licensed manufacturer, manufacturer branch, distributor, distributor branch, or affiliate from engaging in specified proscribed business practices. A violation of these provisions is a misdemeanor. This bill would prohibit additional acts, including making it unlawful for these entities to restrict dealers from selecting certain vendors of their choice, as specified. Because a violation of these new provisions would be punishable as a crime, the bill would impose a state-mandated local program. The bill includes legislative findings and declarations and would make other conforming changes. 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 presented to the Governor at 3:30 p.m.

  3. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 7028.).

  4. In Assembly. Concurrence in Senate amendments pending.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 5993.).

  6. Read second time. Ordered to third reading.

  7. Read third time and amended. Ordered to second reading.

  8. Read second time. Ordered to third reading.

  9. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

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

  11. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 26).

  12. Read second time and amended. Re-referred to Com. on JUD.

  13. From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 12. Noes 0.) (June 19).

  14. Referred to Coms. on T. & H. and JUD.

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

  16. Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 5376.)

  17. Read third time and amended. Ordered to third reading. (Page 5300.)

  18. Read second time. Ordered to third reading.

  19. From committee: Do pass. (Ayes 15. Noes 0.) (May 16).

  20. Re-referred to Com. on APPR.

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

  22. Re-referred to Com. on APPR.

  23. Read second time and amended.

  24. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (April 23).

  25. Re-referred to Com. on TRANS.

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

  27. In committee: Hearing postponed by committee.

  28. Re-referred to Com. on TRANS.

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

  30. Referred to Com. on TRANS.

  31. From printer. May be heard in committee March 11.

  32. Read first time. To print.

Sponsors

Sponsorship breakdown

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

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 2107 REYES Concurrence in Senate Amendments

Passed 77 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 55003
Democratic 16000
Republican 6000
Total 77003
% of votes cast 96%0%0%4%
How each member voted (80)
Member Party Vote
Acosta — Yea
Baker — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Harper — Yea
Maienschein — Yea
Mathis — Not Voting
Nazarian — Yea
Obernolte — Yea
Quirk — Not Voting
Rodriguez — Yea
Steinorth — Yea
Eggman — Yea
Gloria — Yea
Chu — Yea
Gonzalez Fletcher — Yea
Jones-Sawyer — Yea
Kiley — Yea
Chávez — Yea
Cooper — Yea
Cunningham — Yea
Mayes — Yea
Melendez — Yea
Voepel — Yea
Wood — Yea
Rubio — Yea
Salas — Yea
Burke — Yea
Frazier — Not Voting
Friedman — Yea
Rivas — Yea
Fong — Yea
Gray — Yea
Holden — Yea
Kamlager-Dove — Yea
Chau — Yea
Chiu — Yea
Cooley — Yea
Daly — Yea
Levine — Yea
Low — Yea
McCarty — Yea
Medina — Yea
Mullin — Yea
O'Donnell — Yea
Rendon — Yea
Santiago — Yea
Thurmond — Yea
Ting — Yea
Waldron — Yea
Weber — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB2107 Reyes By Stern

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 34001
Democratic 5000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Bradford — Yea
Hill — Yea
Lara — Yea
Leyva — Yea
Pan — Yea
Fuller — Yea
Glazer — Yea
Hertzberg — Yea
Hueso — Yea
Chang — Yea
Allen — Yea
De León — Yea
Delgado — Yea
Anderson — Yea
Bates — Yea
Beall — Yea
Monning — Yea
Moorlach — Yea
Morrell — Yea
Nielsen — Yea
Roth — Yea
Vidak — Yea
Wieckowski — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Cannella — Yea
Galgiani — Yea
Dodd — Yea
Hernandez — Yea
Skinner — Yea
Wilk — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass as amended, but first amend, and re-refer to the Committee on [Judiciary]

Passed 12 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 10001
Total 12001
% of votes cast 92%0%0%8%
How each member voted (13)
Member Party Vote
Wieckowski — Yea
Galgiani — Yea
Cannella — Not Voting
Allen — Yea
Beall — Yea
Dodd — Yea
Morrell — Yea
Roth — Yea
Skinner — Yea
Vidak — Yea
Beth Gaines — Yea
McGuire, Mike Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 2107 REYES Assembly Third Reading

Passed 75 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 54003
Democratic 15000
Republican 6000
Total 75003
% of votes cast 96%0%0%4%
How each member voted (78)
Member Party Vote
Acosta — Yea
Bigelow — Yea
Bloom — Not Voting
Brough — Yea
Harper — Yea
Jones-Sawyer — Yea
Maienschein — Yea
Mathis — Not Voting
Medina — Yea
O'Donnell — Yea
Rendon — Yea
Steinorth — Yea
Ting — Yea
Waldron — Yea
Wood — Yea
Chávez — Yea
Eggman — Yea
Cunningham — Yea
Daly — Yea
Frazier — Yea
Burke — Yea
Friedman — Yea
Gloria — Yea
Rubio — Yea
Holden — Yea
Kiley — Yea
Levine — Yea
Cooley — Yea
Quirk — Not Voting
Salas — Yea
Kamlager-Dove — Yea
Fong — Yea
Chau — Yea
Gray — Yea
Low — Yea
Mayes — Yea
Gonzalez Fletcher — Yea
McCarty — Yea
Baker — Yea
Chiu — Yea
Chu — Yea
Cooper — Yea
Melendez — Yea
Mullin — Yea
Nazarian — Yea
Obernolte — Yea
Rodriguez — Yea
Santiago — Yea
Thurmond — Yea
Voepel — Yea
Weber — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 15 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 12001
Democratic 2001
Republican 1000
Total 15002
% of votes cast 88%0%0%12%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bloom — Not Voting
Brough — Yea
Eggman — Yea
Friedman — Yea
Gonzalez Fletcher — Yea
Fong — Yea
Chau — Yea
Nazarian — Yea
Obernolte — Yea
Quirk — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on [Appropriations]

Passed 12 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 2001
Unaffiliated 10001
Total 12002
% of votes cast 86%0%0%14%
How each member voted (14)
Member Party Vote
Harper — Yea
Mathis — Not Voting
Medina — Yea
Daly — Yea
Friedman — Yea
Frazier — Yea
Chu — Yea
Fong — Yea
Baker — Yea
Nazarian — Yea
O'Donnell — Yea
Aguiar-Curry, Cecilia M. Democratic Not Voting
Berman, Marc Democratic Yea
Gipson, Mike A. Democratic Yea

Official roll call →

Subjects

labor transportation
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Frequently asked questions

What does AB 2107 do?
Existing law establishes the New Motor Vehicle Board in the Department of Motor Vehicles, and requires the board to hear and decide certain protests presented by a motor vehicle franchisee in regard to a dispute with the vehicle manufacturer. Existing law, until January 1, 2019, authorizes the board to hear protests by an association challenging the legality of an export or sale-for-resale prohibition policy of a manufacturer, manufacturer branch, distributor, or distributor branch and establishes procedures for hearing those protests, as specified. This bill would extend the operation of the provisions authorizing the board to hear these protests and establishing the hearing procedures until January 1, 2024. Existing law requires the board to hear an appeal filed by a new motor vehicle dealer, manufacturer, manufacturer branch, distributor, or distributor branch licensee or applicant of a decision by the department. This bill would remove this requirement for the board to hear those appeals, and would repeal applicable provisions. Existing law authorizes the board, under specified circumstances, to mediate, arbitrate, or otherwise resolve certain disputes between a member of the public and a new motor vehicle dealer, manufacturer, manufacturer branch, distributor, distributor branch, or representative. This bill would authorize the board to hear those disputes only if they are brought by the member of the public or the member of the public consents to the jurisdiction of the board. Existing law requires a franchisor to fairly compensate for labor and parts used to fulfill warranty obligations. This bill would instead require a franchisor to reimburse a franchisee according to a retail labor rate and retail parts rate established by each franchisee. The bill would prescribe the method by which a franchisee may establish or alter those reimbursement rates and would require the board to resolve any disputes regarding the calculation of those rates. The bill would prohibit specified actions by a franchisor related to the establishment of those reimbursement rates. Existing law prohibits a licensed manufacturer, manufacturer branch, distributor, distributor branch, or affiliate from engaging in specified proscribed business practices. A violation of these provisions is a misdemeanor. This bill would prohibit additional acts, including making it unlawful for these entities to restrict dealers from selecting certain vendors of their choice, as specified. Because a violation of these new provisions would be punishable as a crime, the bill would impose a state-mandated local program. The bill includes legislative findings and declarations and would make other conforming changes. 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 2107?
AB 2107 is sponsored by Reyes, Eloise Gómez (Democratic).
What is the current status of AB 2107?
This bill died with 2017-2018 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 2107?
Track AB 2107 free on One Click Politics — get push/email alerts when it moves.

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