CAR BUYERS’ BILL OF RIGHTS ACT (cont'd)

Section 5: Section 1793.27 is hereby added to the Civil Code to read as follows:

Section 1793.27(a) "Certified" used or pre-owned motor vehicle means a used or pre-owned motor vehicle, built to United States standards, that has been inspected by a technician qualified to inspect for collision repair and mechanical condition prior to sale and that has not sustained material damage, as defined in Vehicle Code section 9990, had its odometer rolled back, been repurchased by a dealer or manufacturer pursuant to a state or federal warranty statute, or had its title branded "lemon law buyback," "manufacturer repurchase," "salvage," "junk," "nonrepairable," "flood," or similar designation, or been used as a daily rental car, taxicab, police vehicle, or fleet sales vehicle.

(b) No dealer, as defined in Civil Code section 1793.23(h), shall advertise or sell a pre-owned or used motor vehicle as a "certified" pre-owned or "certified" used motor vehicle unless the motor vehicle satisfies the definition in paragraph (a).

(c) In addition to any other remedies available under the law, the remedies set forth in Civil Code section 1794 shall apply to any violation of this section.

Section 6: Amendment.

This Act may be amended to further its purposes by a bill passed in each house by rollcall vote entered in the journal, two-thirds of the membership concurring, and signed by the Governor.

Section 7: Severability.

The provisions of this Act are severable. If any provision of this Act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

Section 8: Conflicting Initiatives.

In the event that this measure and another initiative measure or measures relating to the sale of motor vehicles shall appear on the same statewide election ballot, the provisions of the other measure or measures shall be deemed to be in conflict with this measure. In the event that this measure receives a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and the provisions of the other measure shall be null and void.