California 2019-2020 Regular Session Status: Passed Assembly 1 D cosponsors

AB 326 — Electric mobility manufacturers.

Last action — Died on call pursuant to Article IV, Section 10(c) of the Constitution.

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

This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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, known as the Vehicle Leasing Act, specifies requirements for contracts for leases of motor vehicles, including the requirement that the contract contain prescribed information regarding the motor vehicle and the terms of the lease. This bill would authorize an electric mobility manufacturer to enter into a business transaction, consumer transaction, or government transaction, as those terms are defined, with a consumer for use of an electric mobility manufacturer vehicle and any other membership benefits in exchange for a membership fee or membership initiation fee. The bill would require a membership agreement between an electric mobility manufacturer and a consumer to include specified information, including, but not limited to, a statement of the terms and conditions for the right to use the electric mobility manufacturer vehicle. This bill would require an electric mobility manufacturer to obtain specified information from a consumer before providing the consumer with an electric mobility manufacturer vehicle, including proof that the consumer has valid insurance or elects to purchase insurance and a copy of the consumer's valid driver's license. The bill would require an electric mobility manufacturer to ensure an electric mobility manufacturer vehicle is registered with the relevant state and local agencies and all fees necessary to operate the vehicle are paid. This bill would limit the maximum liability of a consumer resulting from damage to an electric mobility manufacturer vehicle in their possession, as specified. The bill would, except as specified, prohibit an electric mobility manufacturer from disclosing identifiable personal information, utilizing electronic tracking information, or disabling a vehicle by using keyless entry technology. This bill would subject any electric mobility manufacturer that violates any of these provisions to a civil penalty of not less than $100, and not to exceed $2,000, in addition to actual damages plus reasonable attorney's fees and costs, as specified. (2) Existing law establishes a New Motor Vehicle Board that regulates the activities or practices of a new motor vehicle dealer, manufacturer, manufacturer branch, distributor, distributor branch, or representative. Existing law requires licensing by the Department of Motor Vehicles to perform these activities for specified types of vehicles. Existing law generally requires a manufacturer, manufacturer branch, remanufacturer, remanufacturer branch, distributor, distributor branch, transporter, or dealer of vehicles of a type subject to registration, or snowmobiles, motorcycles, all-terrain vehicles, or trailers of a type subject to identification, to make an application to the department for a license containing a general distinguishing number, and prohibits a person from acting in that capacity without having first been issued that license or temporary permit by the department. This bill would require an electric mobility manufacturer to obtain the above-described vehicle manufacturer license, which would authorize an electric mobility manufacturer to enter into business, consumer, and government transactions with consumers in this state pursuant to a membership agreement. Existing law, the Consumer Automotive Recall Safety Act, generally prohibits an applicable dealer or rental car company, as defined, 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. This bill would make an electric mobility manufacturer subject to the Consumer Automotive Recall Safety Act and other requirements relating to recalls and consumer notifications and would require an electric mobility manufacturer to adhere to prescribed standards, including sending a written notice to each consumer in possession of an electric mobility manufacturer vehicle. This bill would specify that these provisions only apply to electric mobility manufacturers.

Bill Text

Action History

  1. Died on call pursuant to Article IV, Section 10(c) of the Constitution.

  2. Read third time. Refused passage.

  3. Read second time. Ordered to third reading.

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

  5. Read second time. Ordered to third reading.

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

  7. Read second time. Ordered to third reading.

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

  9. From committee: Amend, and do pass as amended. (Ayes 4. Noes 2.) (August 20).

  10. In committee: Referred to APPR. suspense file.

  11. In committee: Hearing postponed by committee.

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

  13. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 4.) (August 4).

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

  15. In committee: Hearing postponed by committee.

  16. Referred to Com. on TRANS.

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

  18. Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 0. Page 3940.)

  19. Assembly Rule 63 suspended. (Ayes 58. Noes 18. Page 3893.)

  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 17. Noes 1.) (January 23).

  23. In committee: Hearing postponed by committee.

  24. In committee: Set, first hearing. Referred to APPR. suspense file.

  25. From committee: Do pass and re-refer to Com. on APPR. (Ayes 15. Noes 0.) (April 8). Re-referred to Com. on APPR.

  26. Re-referred to Com. on TRANS.

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

  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 2.

  32. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 118 not signed on · 2 voted No

Sponsors (1)

Co-sponsors (3)

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"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

Do pass as amended

Passed 4 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4101
Republican 0100
Total 4201
% of votes cast 57%29%0%14%
How each member voted (7)
Member Party Vote
Leyva — Yea
Wieckowski — Yea
Portantino — Yea
Hill — Yea
Bates — Nay
Bradford — Not Voting
Jones, Brian W. Republican Nay

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Republican 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Hill — Yea
Bradford — Yea
Portantino — Yea
Wieckowski — Yea
Leyva — Yea
Bates — Yea
Jones, Brian W. Republican Yea

Official roll call →

Passed 9 Yea · 4 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 6302
Democratic 3000
Republican 0100
Total 9402
% of votes cast 60%27%0%13%
How each member voted (15)
Member Party Vote
Beall — Yea
Allen — Yea
Wieckowski — Yea
Roth — Yea
Skinner — Yea
Dodd — Yea
Morrell — Nay
Bates — Nay
Galgiani — Nay
Rubio — Not Voting
Melendez — Not Voting
Gonzalez, Lena A. Democratic Yea
McGuire, Mike Democratic Yea
Umberg, Thomas J. Democratic Yea
Dahle, Megan Republican Nay

Official roll call →

Passed 73 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 48004
Democratic 21001
Republican 4002
Total 73007
% of votes cast 91%0%0%9%
How each member voted (80)
Member Party Vote
Fong — Yea
Brough — Yea
Kiley — Yea
Mayes — Yea
Salas — Yea
Mathis — Yea
Frazier — Yea
Bigelow — Yea
Cooley — Yea
Smith — Yea
Cunningham — Yea
Gonzalez — Yea
Diep — Yea
Chau — Yea
Gloria — Yea
Bloom — Yea
Rodriguez — Yea
Santiago — Yea
Obernolte — Yea
Voepel — Yea
Chiu — Yea
Holden — Yea
Daly — Yea
Eggman — Yea
Maienschein — Yea
Jones-Sawyer — Yea
Quirk — Yea
Mullin — Yea
Friedman — Yea
Ting — Yea
Levine — Yea
Melendez — Yea
McCarty — Yea
Low — Yea
Nazarian — Yea
Burke — Yea
Cooper — Yea
Wood — Yea
Medina — Yea
O'Donnell — Yea
Weber — Yea
Waldron — Yea
Gray — Not Voting
Rendon — Not Voting
Kamlager — Not Voting
Chu — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Not Voting
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
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Not Voting
Lackey, Tom Republican Yea

Official roll call →

Do pass as amended.

Passed 17 Yea · 1 Nay
Party YeaNayPresentNot Voting
Democratic 5000
Unaffiliated 12000
Republican 0100
Total 17100
% of votes cast 94%6%0%0%
How each member voted (18)
Member Party Vote
Bloom — Yea
Fong — Yea
Brough — Yea
Maienschein — Yea
Bigelow — Yea
Quirk — Yea
Eggman — Yea
Gonzalez — Yea
Diep — Yea
Chau — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Rivas, Robert Democratic Yea
Dahle, Megan Republican Nay

Official roll call →

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 10000
Democratic 5000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
Frazier — Yea
Bigelow — Yea
Daly — Yea
Chu — Yea
Cunningham — Yea
Diep — Yea
O'Donnell — Yea
Nazarian — Yea
Friedman — Yea
Medina — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Berman, Marc Democratic Yea
Fong, Mike Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 326 do?
(1) Existing law, known as the Vehicle Leasing Act, specifies requirements for contracts for leases of motor vehicles, including the requirement that the contract contain prescribed information regarding the motor vehicle and the terms of the lease. This bill would authorize an electric mobility manufacturer to enter into a business transaction, consumer transaction, or government transaction, as those terms are defined, with a consumer for use of an electric mobility manufacturer vehicle and any other membership benefits in exchange for a membership fee or membership initiation fee. The bill would require a membership agreement between an electric mobility manufacturer and a consumer to include specified information, including, but not limited to, a statement of the terms and conditions for the right to use the electric mobility manufacturer vehicle. This bill would require an electric mobility manufacturer to obtain specified information from a consumer before providing the consumer with an electric mobility manufacturer vehicle, including proof that the consumer has valid insurance or elects to purchase insurance and a copy of the consumer's valid driver's license. The bill would require an electric mobility manufacturer to ensure an electric mobility manufacturer vehicle is registered with the relevant state and local agencies and all fees necessary to operate the vehicle are paid. This bill would limit the maximum liability of a consumer resulting from damage to an electric mobility manufacturer vehicle in their possession, as specified. The bill would, except as specified, prohibit an electric mobility manufacturer from disclosing identifiable personal information, utilizing electronic tracking information, or disabling a vehicle by using keyless entry technology. This bill would subject any electric mobility manufacturer that violates any of these provisions to a civil penalty of not less than $100, and not to exceed $2,000, in addition to actual damages plus reasonable attorney's fees and costs, as specified. (2) Existing law establishes a New Motor Vehicle Board that regulates the activities or practices of a new motor vehicle dealer, manufacturer, manufacturer branch, distributor, distributor branch, or representative. Existing law requires licensing by the Department of Motor Vehicles to perform these activities for specified types of vehicles. Existing law generally requires a manufacturer, manufacturer branch, remanufacturer, remanufacturer branch, distributor, distributor branch, transporter, or dealer of vehicles of a type subject to registration, or snowmobiles, motorcycles, all-terrain vehicles, or trailers of a type subject to identification, to make an application to the department for a license containing a general distinguishing number, and prohibits a person from acting in that capacity without having first been issued that license or temporary permit by the department. This bill would require an electric mobility manufacturer to obtain the above-described vehicle manufacturer license, which would authorize an electric mobility manufacturer to enter into business, consumer, and government transactions with consumers in this state pursuant to a membership agreement. Existing law, the Consumer Automotive Recall Safety Act, generally prohibits an applicable dealer or rental car company, as defined, 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. This bill would make an electric mobility manufacturer subject to the Consumer Automotive Recall Safety Act and other requirements relating to recalls and consumer notifications and would require an electric mobility manufacturer to adhere to prescribed standards, including sending a written notice to each consumer in possession of an electric mobility manufacturer vehicle. This bill would specify that these provisions only apply to electric mobility manufacturers.
Who sponsors AB 326?
AB 326 is sponsored by Muratsuchi, Al (Democratic), Ting, Skinner, and Travis Allen.
What is the current status of AB 326?
This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” 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 326?
Track AB 326 free on One Click Politics — get push/email alerts when it moves.

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