Bills · 2017-2018 Regular Session
Relating to: consignment motor vehicle dealers. (FE)
Bonds Motor vehicle — Dealers and finance companies Sales
- Introduced, stopped here
- Passes Assembly, not reached
- Passes Senate, not reached
- Governor signs, not reached
- Law, not reached
Unfamiliar terms? Glossary
What this bill does
Plain-language analysis by the nonpartisan Legislative Reference Bureau
This bill enumerates certain conduct of consignment motor vehicle dealers as
motor vehicle dealer license violations and requires a higher bonding amount for
consignment motor vehicle dealers. A “consignment motor vehicle dealer” under this
bill is “a motor vehicle dealer that derives at least 90 percent of its income from
vehicle consignment agreements.”
Under current law, a motor vehicle dealer must be licensed by the Department
of Transportation. For a variety of reasons enumerated in existing law, DOT may
seek suspension or revocation of a motor vehicle dealer license and a motor vehicle
dealer may be subject to a forfeiture. This bill enumerates several additional
reasons. Specifically, a consignment motor vehicle dealer who does any of the
following may be subject to a forfeiture or license suspension or revocation:
1. Delivers a consigned motor vehicle to a purchaser before the consignor is paid
in full and title of the vehicle is transferred to the dealer.
2. Uses an electronic process to process an application for transfer of title for
a consignment sale.
3. Sells a motor vehicle that is subject to a lien for less than the full amount of
the lien without the prior written consent of the lienholder.
4. Releases the proceeds from the sale of a motor vehicle that is subject to a lien
without a written release of the lien.
Also under current law, a motor vehicle dealer must provide and maintain in
force a bond or irrevocable letter of credit of not less than $50,000. Under this bill,
a consignment motor vehicle dealer must provide and maintain in force a bond or
irrevocable letter of credit of not less than $500,000.
What it would cost
Fiscal estimates filed by state agencies, as official PDFs
Sponsors
Full history
- Dec 28, 2017 · Assembly
Introduced by Representatives Shankland, Berceau and Sargent; cosponsored by Senators Hansen and L. Taylor
- Dec 28, 2017 · Assembly
Read first time and referred to Committee on Transportation
- Feb 16, 2018 · Assembly
Fiscal estimate received
- Mar 28, 2018 · Assembly
Failed to pass pursuant to Senate Joint Resolution 1