BILL ANALYSIS                                                                                                                                                                                                    



                                                                       


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                                 THIRD READING


          Bill No:  AB 1618
          Author:   Firebaugh (D)
          Amended:  4/9/03 in Assembly
          Vote:     21

           
           SENATE TRANSPORTATION COMMITTEE  :  8-2, 7/1/03
          AYES:  Murray, Figueroa, Florez, Karnette, Perata, Scott,  
            Soto, Torlakson
          NOES:  McClintock, Morrow
          ABSENT/NO VOTE RECORDED:  Ashburn, Brulte, Speier

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  45-30, 5/15/03 - See last page for vote


           SUBJECT  :    Motor vehicle dealers:  front license plate  
          bracket

           SOURCE  :     Author


           DIGEST  :    This bill prohibits, after 1/1/05, motor vehicle  
          dealers from selling motor vehicles, other than  
          motorcycles, without front license plate brackets.

           ANALYSIS  :    Existing law prohibits the holder of certain  
          occupational licenses, issued by the State Department of  
          Motor Vehicles, from engaging in certain practices,  
          including, delivering a vehicle for operation on California  
          highways that does not meet all of the statutory equipment  
          requirements.

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          This bill also prohibits the delivery, after 1/1/05, of a  
          motor vehicle, other than a motorcycle, that is not  
          equipped with a front license plate bracket. 

          According to the California Highway Patrol (CHP), there are  
          at least a half dozen popular vehicle models, particularly  
          expensive European imports where front license plates are  
          not required, that are currently manufactured without a  
          front license plate bracket.  In addition, the CHP reports  
          that it has issued the following number of citations for  
          violation of Section 5200 of the Vehicle Code over a three  
          year period:

                      Year                       Number of citations 

                     2000                             28,845   
                     2001                             30,070
                     2002                              36,545  

                                                          95,460
           
           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

           SUPPORT  :   (Verified  7/14/03)

          Automobile Club of Southern California
          California State Automobile Association

           OPPOSITION  :    (Verified  7/14/03)

          California Motor Car Dealers Association (unless amended)

           ARGUMENTS IN SUPPORT  :    This bill prohibits a vehicle  
          dealer from delivering a motor vehicle, other than a  
          motorcycle, that is not equipped with a front license plate  
          bracket.  The author's office contends that some vehicle  
          models are not equipped with a front license plate bracket  
          which "contributes to the misconception that vehicles are  
          only required to display a rear license plate."

           ARGUMENTS IN OPPOSITION  :    Writing in opposition to this  
          bill, unless amended, the California Motor Car Dealers  
          Association notes "(a)s a practical matter, it has been the  







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          custom and practice of new motor car vehicle dealers, auto  
          manufacturers and distributors that do business in this  
          state to provide a front license plate bracket with each  
          vehicle sold.  However, in a significant number of sale and  
          lease transactions, vehicle consumers specifically request  
          that the front license bracket not be installed.  The  
          reasons given by consumers for non-installation of the  
          front license bracket include: vehicle is being purchased  
          as a collector's item; vehicle will not be operated on  
          public highways; vehicle is being purchased for  
          out-of-state use; customer does not like the aesthetic look  
          of the vehicle with a mounted front license bracket (this  
          is a particular problem with purchasers of high-performance  
          and high-end vehicles)."                 

          The Association requests the adoption of the following  
          amendment which provides that a dealer would be prohibited  
          from delivering a vehicle, unless the dealer either (1)  
          installed a front license plate bracket, or (2) obtained a  
          written acknowledgement from the purchaser indicating that  
          California law requires a front license plate.


           ASSEMBLY FLOOR  : 
          AYES:  Benoit, Berg, Bermudez, Calderon, Chan, Chavez, Chu,  
            Cohn, Corbett, Correa, Diaz, Dutra, Dymally, Firebaugh,  
            Frommer, Goldberg, Hancock, Jerome Horton, Jackson,  
            Kehoe, Koretz, Laird, Leno, Lieber, Liu, Longville,  
            Lowenthal, Matthews, Montanez, Nation, Negrete McLeod,  
            Nunez, Oropeza, Parra, Pavley, Reyes, Richman,  
            Ridley-Thomas, Salinas, Simitian, Steinberg, Vargas,  
            Wiggins, Wolk, Yee
          NOES:  Aghazarian, Bates, Bogh, Campbell, Canciamilla,  
            Cogdill, Cox, Daucher, Dutton, Garcia, Harman, Haynes,  
            Shirley Horton, Houston, Keene, La Malfa, La Suer,  
            Leslie, Maddox, Maldonado, Maze, McCarthy, Mountjoy,  
            Nakanishi, Plescia, Runner, Samuelian, Spitzer,  
            Strickland, Wyland


          RJG:mel  7/15/03   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE








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