California 2017-2018 Regular Session Status: Enacted

AB 2873 — Personal vehicle sharing: recalled vehicles.

Last action — Chaptered by Secretary of State - Chapter 591, Statutes of 2018.

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  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 16, 2018. 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 8 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 generally governs the transactions between a rental car company, also referred to as a rental company, and its customers. Existing law, the Consumer Automotive Recall Safety Act (CARS Act) , prohibits a dealer or rental car company, as defined, with a motor vehicle fleet of 34 or fewer loaner or rental vehicles from loaning, renting, or offering for loan or rent a vehicle subject to a manufacturer's recall after receiving a notice of the recall, as specified, until the vehicle has been repaired, with exceptions. Existing law requires a personal vehicle sharing program, which facilitates the sharing of private passenger vehicles for noncommercial use, to provide specified insurance coverage for a vehicle and driver while the vehicle is engaged in personal ride sharing. Under existing law, it is an infraction for a person to violate, or fail to comply with, a provision of the Vehicle Code, unless otherwise specified. This bill would prohibit, as soon as practicable but not more than 48 hours after a vehicle is subject to a manufacturer's recall and a recall notice has been issued by the manufacturer and appears in the National Highway Traffic Safety Administration recall database, or not more than 48 hours after receiving notification of a manufacturer's recall by a specified third party, a personal vehicle sharing program, as defined, from facilitating or arranging for transportation with that vehicle until after any recall notices for that vehicle no longer appear in the National Highway Traffic Safety Administration recall database. By creating new prohibitions, the violation of which would be a crime under existing law, this bill would impose a state-mandated local program. The CARS Act provides that it does not create any legal duty upon the dealer, rental car company, or the Department of Motor Vehicles related to the accuracy, errors, or omissions contained in a recall database report or any legal duty to provide information added to a recall database after the dealer, rental car company, or department obtained the recall database report. This bill would additionally provide that the CARS Act does not create any legal duty upon a personal vehicle sharing program related to the accuracy, errors, or omissions contained in a recall database report or any legal duty to provide information added to a recall database after a personal vehicle sharing program obtained the recall database report. 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 591, Statutes of 2018.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 1. Page 7008.).

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 5969.).

  7. Read second time. Ordered to third reading.

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

  9. Read second time. Ordered to third reading.

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

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

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

  13. From committee: Do pass and re-refer to Com. on JUD. (Ayes 13. Noes 0.) (June 19). Re-referred to Com. on JUD.

  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 60. Noes 4. Page 5304.)

  17. Read second time. Ordered to third reading.

  18. From committee: Do pass. (Ayes 13. Noes 3.) (May 23).

  19. Re-referred to Com. on APPR. pursuant to Joint Rule 10.5.

  20. Read second time. Ordered to third reading.

  21. Read second time and amended. Ordered returned to second reading.

  22. From committee: Amend, and do pass as amended. (Ayes 9. Noes 0.) (May 1).

  23. From committee: Do pass and re-refer to Com. on P. & C.P. (Ayes 9. Noes 0.) (April 24). Re-referred to Com. on P. & C.P.

  24. In committee: Hearing postponed by committee.

  25. Re-referred to Com. on JUD.

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

  27. Referred to Coms. on JUD. and P. & C.P.

  28. From printer. May be heard in committee March 19.

  29. Read first time. To print.

Sponsors

  • Low · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Low

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 2873 LOW Concurrence in Senate Amendments

Passed 76 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 54103
Democratic 16000
Republican 6000
Total 76103
% of votes cast 95%1%0%4%
How each member voted (80)
Member Party Vote
Holden — Yea
Kiley — Yea
Mathis — Yea
Mullin — Yea
Rendon — Yea
Ting — Yea
Wood — Yea
Burke — Yea
Chau — Yea
Chu — Yea
Gloria — Yea
Low — Yea
Mayes — Yea
Medina — Yea
Melendez — Yea
Nazarian — Yea
Quirk — Yea
Rodriguez — Yea
Santiago — Yea
Thurmond — Yea
Fong — Yea
Salas — Yea
Voepel — Yea
Weber — Yea
Gray — Yea
Acosta — Yea
Bloom — Yea
Brough — Yea
Rubio — Yea
Rivas — Yea
Harper — Yea
Jones-Sawyer — Yea
Gonzalez Fletcher — Nay
Kamlager-Dove — Not Voting
Levine — Yea
Chiu — Yea
Chávez — Yea
Cooley — Yea
Cooper — Yea
Maienschein — Yea
McCarty — Yea
O'Donnell — Yea
Obernolte — Yea
Baker — Yea
Bigelow — Yea
Steinorth — Yea
Waldron — Yea
Eggman — Not Voting
Cunningham — Yea
Daly — Yea
Frazier — Yea
Friedman — Not Voting
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 AB2873 Low By Hertzberg

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
Anderson — Yea
Beall — Yea
Hernandez — Yea
Hertzberg — Yea
Hill — Yea
Lara — Yea
Monning — Yea
Roth — Yea
Vidak — Yea
Wilk — Yea
Chang — Yea
Fuller — Yea
Allen — Yea
Mitchell — Yea
Galgiani — Yea
Atkins — Yea
Portantino — Yea
Glazer — Yea
Cannella — Yea
Hueso — Yea
De León — Yea
Delgado — Yea
Leyva — Yea
Dodd — Yea
Bates — Yea
Bradford — Yea
Moorlach — Yea
Morrell — Yea
Nielsen — Yea
Pan — Yea
Skinner — Yea
Wieckowski — 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, but first be re-referred to the Committee on [Judiciary]

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 2000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Beall — Yea
Wieckowski — Yea
Dodd — Yea
Galgiani — Yea
Cannella — Yea
Allen — 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 2873 LOW Assembly Third Reading

Passed 60 Yea · 4 Nay · 14 Other
Party YeaNayPresentNot Voting
Unaffiliated 443010
Democratic 11103
Republican 5001
Total 604014
% of votes cast 77%5%0%18%
How each member voted (78)
Member Party Vote
Acosta — Yea
Bigelow — Yea
Bloom — Yea
Brough — Not Voting
Kiley — Yea
Mathis — Yea
Nazarian — Not Voting
Rendon — Yea
Thurmond — Not Voting
Waldron — Not Voting
Eggman — Yea
Chávez — Yea
Low — Yea
Fong — Yea
Salas — Yea
Chau — Yea
Mayes — Yea
Medina — Yea
Rodriguez — Yea
Santiago — Yea
Burke — Yea
Gray — Yea
Friedman — Nay
Harper — Yea
Rubio — Yea
Holden — Yea
Jones-Sawyer — Yea
Kamlager-Dove — Nay
Levine — Not Voting
Maienschein — Yea
McCarty — Yea
Gonzalez Fletcher — Nay
Melendez — Yea
Mullin — Not Voting
O'Donnell — Yea
Obernolte — Yea
Baker — Yea
Chiu — Yea
Chu — Not Voting
Cooley — Yea
Cooper — Yea
Quirk — Yea
Steinorth — Not Voting
Ting — Not Voting
Voepel — Yea
Weber — Yea
Wood — Yea
Cunningham — Yea
Daly — Yea
Frazier — Yea
Gloria — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Not Voting
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Not Voting
Berman, Marc Democratic Yea
Bonta, Mia Democratic Not Voting
Caballero, Anna M. Democratic Nay
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 Not Voting
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 13 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10300
Democratic 2001
Republican 1000
Total 13301
% of votes cast 76%18%0%6%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bloom — Yea
Mathis — Yea
Obernolte — Yea
Eggman — Yea
Fong — Yea
Gonzalez Fletcher — Nay
Chau — Yea
Nazarian — Yea
Quirk — Nay
Friedman — Nay
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Not Voting
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Yea

Official roll call →

Subjects

public-safety transportation
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Frequently asked questions

What does AB 2873 do?
Existing law generally governs the transactions between a rental car company, also referred to as a rental company, and its customers. Existing law, the Consumer Automotive Recall Safety Act (CARS Act) , prohibits a dealer or rental car company, as defined, with a motor vehicle fleet of 34 or fewer loaner or rental vehicles from loaning, renting, or offering for loan or rent a vehicle subject to a manufacturer's recall after receiving a notice of the recall, as specified, until the vehicle has been repaired, with exceptions. Existing law requires a personal vehicle sharing program, which facilitates the sharing of private passenger vehicles for noncommercial use, to provide specified insurance coverage for a vehicle and driver while the vehicle is engaged in personal ride sharing. Under existing law, it is an infraction for a person to violate, or fail to comply with, a provision of the Vehicle Code, unless otherwise specified. This bill would prohibit, as soon as practicable but not more than 48 hours after a vehicle is subject to a manufacturer's recall and a recall notice has been issued by the manufacturer and appears in the National Highway Traffic Safety Administration recall database, or not more than 48 hours after receiving notification of a manufacturer's recall by a specified third party, a personal vehicle sharing program, as defined, from facilitating or arranging for transportation with that vehicle until after any recall notices for that vehicle no longer appear in the National Highway Traffic Safety Administration recall database. By creating new prohibitions, the violation of which would be a crime under existing law, this bill would impose a state-mandated local program. The CARS Act provides that it does not create any legal duty upon the dealer, rental car company, or the Department of Motor Vehicles related to the accuracy, errors, or omissions contained in a recall database report or any legal duty to provide information added to a recall database after the dealer, rental car company, or department obtained the recall database report. This bill would additionally provide that the CARS Act does not create any legal duty upon a personal vehicle sharing program related to the accuracy, errors, or omissions contained in a recall database report or any legal duty to provide information added to a recall database after a personal vehicle sharing program obtained the recall database report. 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 2873?
AB 2873 is sponsored by Low.
What is the current status of AB 2873?
This bill has been enacted into law. Introduced February 16, 2018. Enacted.
Where can I track AB 2873?
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