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AB-2330 Recreational vehicle dealers: temporary branch licenses.(2017-2018)



Current Version: 09/19/18 - Chaptered

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AB2330:v96#DOCUMENT

Assembly Bill No. 2330
CHAPTER 537

An act to amend Section 11713.15 of the Vehicle Code, relating to vehicles, and declaring the urgency thereof, to take effect immediately.

[ Approved by Governor  September 19, 2018. Filed with Secretary of State  September 19, 2018. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2330, Bigelow. Recreational vehicle dealers: temporary branch licenses.
Existing law requires that a recreational vehicle dealer being issued a temporary branch license for selling new recreational vehicles at a show submit certain documentation to the Department of Motor Vehicles, including, for example, a manufacturer’s written authorization for the sale specifying the dates and location of the show. Existing law imposes certain requirements if 9 or fewer dealers are participating in the show, including that the show is 50 miles or more from the dealer’s established place of business, and that promotional materials include the name and established place of business of each participating dealer. Existing law excepts from those requirements, a recreational vehicle dealer participating in an annual show sponsored by a national trade association of recreational vehicle manufacturers, if the show is located in a county with a population of 6,000,000 or more persons.
This bill would recast those provisions to except a recreational vehicle dealer being issued a temporary branch license from those requirements if the show is located in a county with a population of 9,000,000 or more persons, or at a location within 30 miles from the prior approved location of the show, and at least 10 manufacturers are participating in the show.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 11713.15 of the Vehicle Code is amended to read:

11713.15.
 (a) (1) Prior to being issued a temporary branch license for selling new recreational vehicles, as defined in Section 18010 of the Health and Safety Code, at a show, a dealer shall submit to the department a manufacturer’s written authorization for the sale specifying the dates of the show, the location of the show, and the makes of those new recreational vehicles being offered for sale.
(2) If nine or fewer dealers are participating in the show, a temporary branch license may only be issued to a dealer under this subdivision if the location of the show is 50 miles or less from that dealer’s established place of business or permanent branch location.
Each dealer described in this paragraph shall certify in his or her application for a temporary branch license that the show location is 50 miles or less from his or her established place of business or permanent branch location.
(3) A temporary branch license may be issued to a dealer for purposes of participating in a show if all of the following conditions exist:
(A) The location of the show is 50 miles or more from the dealer’s place of business or that dealer’s branch locations, or both.
(B) Ten or more dealers apply for temporary branch licenses for purposes of participating in that show.
(C) Not less than 10 days prior to the conduct of the show, the department receives at least 10 applications for temporary branch licenses together at one of the department’s field offices.
(b) (1) Any advertising and promotional materials designed to attract the public to attend a show of recreational vehicles where there are nine or fewer dealers participating shall include the business name of each participating dealer and that dealer’s established place of business in a type size that is equivalent to the second largest type used in the advertisement or promotional materials. This information shall be placed at the top of any advertisement or promotional materials.
(2) If the recreational vehicles being offered for sale are used, the word “used” shall immediately precede the identification of the make of the vehicle or be immediately adjacent to the depiction of any used vehicles.
(3) In addition, the promoters of the show shall cause a sign to be conspicuously displayed at the major, public entrance leading directly to the show, printed in 50-point type, containing the information required in paragraph (1).
(c) A recreational vehicle dealer participating in a show for which a temporary branch license is required shall provide each buyer, prior to the sale of any vehicle at the show, a written statement disclosing the identity and the established business location of the dealer that has agreed to render service or warranty work with respect to the vehicle being purchased by the buyer, and if there is no agreement with any dealer to render the service or warranty, to state that fact.
(d) Paragraphs (2) and (3) of subdivision (a) and subdivision (b) do not apply to a dealer participating in an annual show sponsored by a national trade association of recreational vehicle manufacturers, if the show is located in a county with a population of 9,000,000 or more persons, or is at a location within 30 miles from the prior approved location of the show, and at least 10 manufacturers are participating in the show. If the dealer is otherwise eligible to participate in the show, the department shall issue a temporary branch license if all the following occur:
(1) A national trade association of recreational vehicle manufacturers submits a letter to the department that certifies its status as a national trade association of recreational vehicle manufacturers and specifies the dates and location of the show.
(2) Upon receipt of the letter from a national trade association described in paragraph (1) notifying the department of the dates and location of the show, the department provides written acknowledgment to the national trade association submitting the letter.
(3) Each dealer participating in the show attaches a copy of the department letter described in paragraph (2) to the application for a temporary branch license submitted to the department.

SEC. 2.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to avoid interruption to the commercial sale of recreational vehicles and the resulting effects on the economy, it is necessary that this act take effect immediately.