California 2015 2015-2016 Regular Session

California Assembly Bill AB1777 Amended / Bill

Filed 03/28/2016

 BILL NUMBER: AB 1777AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 28, 2016 AMENDED IN ASSEMBLY MARCH 15, 2016 INTRODUCED BY Assembly Member Lackey FEBRUARY 3, 2016 An act to add Section 11805 to the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 1777, as amended, Lackey. Used vehicle sales: salespersons' licenses. Existing law requires every manufacturer, distributor, transporter, and dealer of motor vehicles to obtain a license or temporary permit from the Department of Motor Vehicles before engaging in business. Under existing law, each person who applies for a dealer's license for the purpose of transacting sales of used vehicles is required to successfully complete a written examination before a license may be issued. Existing law also requires each applicant to successfully complete a preliminary educational program of not less than 4 hours before taking the examination. Existing law further requires a licenseholder to complete an educational program of not less than 4 hours every 2 years after issuance of the license. Existing law also requires every vehicle salesperson to obtain a license or temporary permit before engaging in vehicle sales, and provides that the license is valid for 3 years from the date of issuance. This bill would require an applicant for a vehicle salesperson's license or renewal of a salesperson's license who is employed by a dealer that sells only used vehicles for retail sale to complete the above-described educational programs applicable to vehicle dealers, unless the dealer  owns a minimum of 10 branches of the business within the state and  provides a minimum of 10 hours of  educational  training per year to its salespersons. The bill would require the dealer to maintain a copy of the salesperson's evidence of completion of the educational requirements at the location where the salesperson is employed, subject to inspection by the department. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 11805 is added to the Vehicle Code, to read: 11805. (a) An applicant for licensure who is employed by a dealer that sells only used vehicles for retail sale shall complete the educational program specified in subdivision (b) of Section 11704.5. (b) An applicant for renewal of a license who is employed by a dealer that sells only used vehicles for retail sale shall complete the educational program specified in subdivision (c) of Section 11704.5. (c) A salesperson shall provide evidence of completion of the educational requirements specified in subdivisions (a) and (b) to the motor vehicle dealer that employs the salesperson. (d) (1) The dealer shall maintain a copy of the evidence of completion at the location where the salesperson is employed. (2) A dealer's compliance with paragraph (1) is subject to inspection by the department. (e) This section does not apply to an applicant who is employed by a dealer that  owns a minimum of 10 branches of the business within the state and  provides a minimum of  ten   10  hours of  educational  training per year to its salespersons.