California Initiative to Protect Buyers of Used Vehicles (2014)

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A California Initiative to Protect Buyers of Used Vehicles has been approved for circulation in California as a contender for the November 4, 2014 ballot as an initiated state statute. Four versions of the initiative (#13-0033, #13-0035, #13-0036, #13-0037) were filed in quick succession in late October 2013, and all were approved for circulation.

If Version 13-0033 qualifies for the ballot and is approved by the state's voters, it will:

  • Require auto dealers to repair manufacturer-recalled safety defects on used vehicles before sale or lease to consumer.
  • Prohibit dealers from using certain high-pressure tactics, or canceling or changing vehicle sale or lease contracts at additional buyer expense, after delivery of vehicle.
  • Require a minimum 30-day, 1,000 mile warranty on used vehicles.
  • Limit financial incentives to dealers for arranging vehicle financing.
  • Require criminal background checks on dealer employees with access to customers' personal information.
  • Impose liability on dealers for identity theft at dealership.
  • Eliminate New Motor Vehicle Board administrative review of consumer protection violations.

If Version 13-0035 qualifies for the ballot and is approved by the state's voters, it will:

  • Require auto dealers to repair manufacturer-recalled safety defects on used vehicles before sale or lease to consumer.

If Version 13-0036 qualifies for the ballot and is approved by the state's voters, it will:

  • Require auto dealers to repair manufacturer-recalled safety defects on used vehicles before sale or lease to consumer.
  • Require criminal background checks on dealer employees with access to customers' personal information.
  • Impose liability on dealers for identity theft at dealership.

If Version 13-0037 qualifies for the ballot and is approved by the state's voters, it will:

  • Require auto dealers to repair manufacturer-recalled safety defects on used vehicles before sale or lease to consumer.
  • Prohibit dealers from using certain high-pressure tactics, or canceling or changing vehicle sale or lease contracts at additional buyer expense, after delivery of vehicle.
  • Require minimum 30-day, 1,000 mile warranty on used vehicles.
  • Limit financial incentives to dealers for arranging vehicle financing.
  • Require criminal background checks on dealer employees with access to customers' personal information.
  • Impose liability on dealers for identity theft at dealership.

Initiative sponsor Rosemary Shahan refers to all four versions as the "Car Buyers Protection Act".

Text of measure

Version 13-0333

Ballot title:

Used Vehicles. Buyer Protection. Initiative Statute.

Official summary:

"Requires auto dealers to repair manufacturer-recalled safety defects on used vehicles before sale or lease to consumer. Prohibits dealers from using certain high-pressure tactics, or canceling or changing vehicle sale or lease contracts at additional buyer expense, after delivery of vehicle. Requires minimum 30-day, 1,000 mile warranty on used vehicles. Limits financial incentives to dealers for arranging vehicle financing. Requires criminal background checks on dealer employees with access to customers' personal information. Imposes liability on dealers for identity theft at dealership. Eliminates New Motor Vehicle Board administrative review of consumer protection violations."

Fiscal impact statement:

(Note: The fiscal impact statement for a California ballot initiative authorized for circulation is jointly prepared by the state's Legislative Analyst and its Director of Finance.)

"Unknown but potentially significant net effect on state and local government revenues resulting from changes affecting the sale and financing of vehicles."

Version 13-0335

Ballot title:

Used Vehicles. Buyer Protection. Initiative Statute.

Official summary:

"Requires auto dealers to repair manufacturer-recalled safety defects on used vehicles before sale or lease to consumer."

Fiscal impact statement:

(Note: The fiscal impact statement for a California ballot initiative authorized for circulation is jointly prepared by the state's Legislative Analyst and its Director of Finance.)

"Unknown but probably not significant net effect on overall state and local government revenues resulting from changes affecting the sale of vehicles."

Version 13-0336

Ballot title:

Used Vehicles. Buyer Protection. Initiative Statute.

Official summary:

"Requires auto dealers to repair manufacturer-recalled safety defects on used vehicles before sale or lease to consumer. Requires criminal background checks on dealer employees with access to customers' personal information. Imposes liability on dealers for identity theft at dealership."

Fiscal impact statement:

(Note: The fiscal impact statement for a California ballot initiative authorized for circulation is jointly prepared by the state's Legislative Analyst and its Director of Finance.)

"Unknown but probably not significant net effect on overall state and local government revenues resulting from changes affecting the sale of vehicles."

Version 13-0337

Ballot title:

Used Vehicles. Buyer Protection. Initiative Statute.

Official summary:

"Requires auto dealers to repair manufacturer-recalled safety defects on used vehicles before sale or lease to consumer. Prohibits dealers from using certain high-pressure tactics, or canceling or changing vehicle sale or lease contracts at additional buyer expense, after delivery of vehicle. Requires minimum 30-day, 1,000 mile warranty on used vehicles. Limits financial incentives to dealers for arranging vehicle financing. Requires criminal background checks on dealer employees with access to customers' personal information. Imposes liability on dealers for identity theft at dealership."

Fiscal impact statement:

(Note: The fiscal impact statement for a California ballot initiative authorized for circulation is jointly prepared by the state's Legislative Analyst and its Director of Finance.)

"Unknown but potentially significant net effect on state and local government revenues resulting from changes affecting the sale and financing of vehicles. "

Path to the ballot

See also: Signature requirements for ballot measures in California
Note: April 18, 2014 was the deadline for initiative and referendum proponents to submit collected signatures to county election officials, as suggested by the California Secretary of State.[1] The deadline, however, has operated in the past as a date of assured consideration. Signatures for initiatives, such as 2012's Proposition 30 and Proposition 31, have been submitted upwards of eighteen days after the deadline and still qualified for the general election ballot for that year. Proponents of initiatives who submit their signatures after the April 18 deadline for 2014, but by their initiative's petition circulation deadline, and have their initiative qualified, will have their initiative placed on the 2016 ballot.
  • Rosemary Shahan submitted a letter requesting a ballot title for Version 13-0333 on October 30, 2013.
  • Rosemary Shahan submitted a letter requesting a ballot title for Version 13-0335 on October 31, 2013.
  • Rosemary Shahan submitted a letter requesting a ballot title for Version 13-0336 on October 31, 2013.
  • Rosemary Shahan submitted a letter requesting a ballot title for Version 13-0337 on October 31, 2013.
  • A ballot title and ballot summary for Version 13-0333 were issued by the Attorney General of California's office on December 20, 2013.
  • A ballot title and ballot summary for Version 13-0335 were issued by the Attorney General of California's office on December 26, 2013.
  • A ballot title and ballot summary for Version 13-0336 were issued by the Attorney General of California's office on December 26, 2013.
  • A ballot title and ballot summary for Version 13-0336 were issued by the Attorney General of California's office on December 26, 2013.
  • 504,760 valid signatures are required for qualification purposes.
  • The 150-day circulation deadline for #13-0033 is May 19, 2014. Filing sufficient signatures by that date would not allow the initiative to compete on the November 4, 2014 ballot.
  • The 150-day circulation deadline for #13-0035 is May 27, 2014. Filing sufficient signatures by that date would not allow the initiative to compete on the November 4, 2014 ballot.
  • The 150-day circulation deadline for #13-0035 is May 27, 2014. Filing sufficient signatures by that date would not allow the initiative to compete on the November 4, 2014 ballot.
  • The 150-day circulation deadline for #13-0035 is May 27, 2014. Filing sufficient signatures by that date would not allow the initiative to compete on the November 4, 2014 ballot.
  • The Secretary of State’s suggested signature filing deadline for the November 4, 2014 ballot was April 18, 2014.

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