California Senate Bill 956 Vetoed

NIADA congratulates California Governor "Jerry" Brown for exercising his veto power this past Saturday to strike down Senate Bill 956. A day before his veto power was set to expire for this year's legislative session, Gov. Brown vetoed SB 956 saying he was "...not yet convinced the evidence merits the regulatory oversight of this bill."

"This is a big victory for the independent automobile industry, California's Buy-Here Pay-Here dealers and their valued customers," said NIADA CEO, Mike Linn. "We are glad that common sense carried the day in California during this legislative session regarding SB 956. Should the issues from this bill surface again next year, we'll be prepared."

NIADA COO, Steve Jordan stated, "Many of us worked hard lobbying against this bill and fighting for its veto. We are proud of the efforts put forth by our dealers, our state association leaders in California and NIADA's Coalition to "Protect Our Freedom to Drive." This would not have happened without the combined efforts of the industry's stakeholders working together nationally and in CA, marshaling our resources and making our collective voice heard on behalf of our dealers and their customers."

Two other BHPH bills, AB 1447 and AB 1534, were signed into law and will go into effect January 1, 2103.

- AB 1447 will require BHPH dealers to provide consumer disclosures when using GPS and/or starter interrupt devices and a 30 day, 1000 mile limited warranty on every vehicle sold.

- AB 1534 will require BHPH dealers to disclose the "fair-market" value for each vehicle advertised for sale.

April NIADA Legislative Report

Auction Sales 
Since cancellation of the April 9 omnibus stakeholder meeting, originally scheduled and then cancelled by the office of Senator Pryor, we continue to encourage the Senator’s staff to allow the ongoing cooperative interaction between law enforcement and various auction companies to proceed in lieu of pursuing a legislative “fix” for the issue. As a result, to date we have not heard anything further from the Senator’s staff on legislation. That is not to say that we won’t at some point given that the Senator’s legislative interest also extended to various consumer concerns. We will continue to monitor the situation. 

CFPB Consumer Advisory Board 
We contacted Kimberly Miller who is leading the effort at the Bureau regarding nominations for the Consumer Advisory Board. Without mentioning any particular name(s) -we did not want to jeopardize any specific application- we pressed the importance of the Association’s representation on the Board. We were advised that over 1,000 applications had been received and that a team was in the process of reviewing them. No indication as to timing. 

S.1449, the Motor Vehicle and Highway Safety Improvement Act 
S.1449 is the bill that had the onerous recall provision/process included in an earlier version of the bill considered last Congress. That provision would have prohibited the sale or lease

SB199 - A Push to Stop Curbstoning in Utah

Senate Bill 199 passed through the Senate Transportation Committee yesterday with a favorable recommendation.  This new bill being pushed by the Independent Auto Dealers Association of Utah (IADAU) will require all cars sold in Utah to require the name of the person selling the vehicle to appear on the title. Although this may seem detrimental to the used car dealer, there are exceptions placed in the bill language that exempt licensed car dealers as well as others allowing commerce to continue without delays and mishaps. 

The bill is being pushed as a curbstoning and tax evasion bill and will help eliminate those motor vehicle sales that occur from those buying and selling vehicles and not having them reported to MVED and the Utah State Tax Commission.  The language also includes stiff penalties for dealers and licensed salesman that are selling away from their dealership lots.

The IADAU is happy with the progress the bill has made so far and are looking forward to it moving on to the House of Representatives next week.   You can see the review the General Description and Highlighted Provisions below.  For the entire language and status of the bill visit the link below.

SB199 - Motor Vehicle Selling & Titling Requirements

SB199 - Motor Vehicle Selling & Titling Requirements

LONG TITLE

General Description: This bill modifies the Motor Vehicle Code by amending provisions relating to selling and titling a motor vehicle.

Highlighted Provisions:

This bill:

• provides definitions;
• provides that upon the endorsement and assignment of a certificate of title, the same certificate of title may not be re-endorsed and reassigned to a new owner with exceptions;
• provides that a person may not sell, offer for sale, or display for sale or exchange a motor vehicle unless the person is:
• licensed under the Motor Vehicle Business Regulation Act;
• the lienholder or owner of the vehicle;
• a person who has lawfully repossessed the vehicle;
• a holder of a statutory lien on the vehicle who is selling the vehicle through a motor vehicle auction;
• a person lawfully donating a vehicle to a nonprofit charitable organization;
• a non-profit charitable organization that receives donated vehicles and sells or disposes of them;
• a person lawfully selling the person's immediate family member's vehicle; or
• a personal representative, trustee, guardian, executor, administrator, sheriff,
• government entity, or other person who sells a vehicle under the powers and duties granted or imposed by law;
• requires a new owner of a transferred vehicle, vessel, or outboard motor to obtain a certificate of title with exceptions;
• establishes penalties and fines for violating the provisions; and
• makes technical changes.

Bill calls for reducing vehicle safety inspections

SALT LAKE CITY -- After a little tweaking, Rep. John Dougall's effort to change safety inspections in Utah got the green light from a House committee on Thursday.

The original bill called for an all-out repeal of safety inspections; the new version of the bill calls for cars made in the last eight years to be inspected once every four years. Dougall, R-Highland, argues the issue is not about safety but about how to best address safety on the roads.

Read more: Daily Herald

Feb. 5: Car safety inspections, FLDS building and David Clark | ksl.com

In the news...

Feb. 5: Car safety inspections, FLDS building and David Clark | ksl.com

Dealer Legislative Alert

House Bill 321 at the Capitol will increase your dealer bond to ... 

$200,000

Can you afford to stay open??

Don't let the government decide whether you will continue to be in business.  This year's legislative session includes two very large issue that will have huge impacts in your business. Now is the time to INVEST in your industry and have your voice heard. 

We need you to be part of the Independent Auto Dealers Association of Utah today.

For less than a dollar a day you can have your dealership protected from unwanted legislation like this. INVEST in your industry today. 

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