December 10, 2013
Pursuant to Elections Code Section 9005, we have reviewed the
proposed statutory initiative regarding vehicle-related consumer
protection laws (A.G. File No. 13‑0035).
Background
Safety Recall Laws. Current federal law
specifies when and how manufacturers must provide notification to
vehicle owners, dealers, and distributors about safety recalls.
Beginning in August 2014, major vehicle manufacturers will be required
to regularly post information on their websites regarding safety
recalls. Additionally, federal law requires manufacturers to pay for
repairs related to safety recalls on vehicles that are no more than ten
years old on the date the defect is determined. In addition, the
Department of Motor Vehicles (DMV) investigates consumer complaints
against car dealers.
Taxes Associated With Vehicle Sales. The
sale of vehicles directly or indirectly affects state and local tax
revenues. In particular, the sales tax and vehicle license fee are
collected on the sale price or market value of vehicles. In addition,
the profits of car dealers and financial institutions affect the state’s
income and corporation tax revenues.
Proposal
The measure prohibits car dealers and rental car companies from
selling or leasing a used vehicle if they knew or should have known that
the vehicle was subject to a manufacturer’s safety recall without first
making the repair. This provision does not apply to the sale of used
vehicles by private sellers or between car dealers, rental companies, or
manufacturers.
Fiscal Effects
This measure would likely have various fiscal effects on state and
local governments, many of which are subject to substantial uncertainty.
Effect on Taxes Associated With Vehicles.
This measure could affect dealers’ profits, dealers’ employees’ incomes,
and prices and quantities of vehicles sold, and, therefore, the amount
of tax revenue collected by state and local governments. However, the
total effect on government revenues is unclear, as is whether the net
result would be increased or decreased tax revenues. This uncertainty is
because the measure could have different effects, in part, depending on
how the industry and consumers respond.
Specifically, the requirement to perform safety recall repairs would
result in additional costs to car dealers associated with tasks such as
checking for recalls and transporting vehicles to dealers for the
necessary repairs. At least some of these additional costs would likely
be passed on to customers in the form of higher prices, which would
increase sales tax revenues associated with these sales. Increased
prices, however, would lead some customers to change their buying
decisions such as by purchasing fewer cars, which would reduce sales tax
revenues. Customers could also purchase more used cars from private
parties rather than dealers, which could reduce sales tax revenues
because private party transaction prices tend to be lower and
potentially easier to underreport. On the other hand, to the degree that
consumers value safety recall repairs, improved consumer confidence
could increase, offsetting the reduction in car sales and associated
taxes from dealerships. Furthermore, these provisions could also affect
revenue from a variety of other taxes.
Effect on Enforcement and Adjudication Costs.
The measure creates a new legal requirement for car dealers.
Consequently, state courts would likely experience some additional
caseload associated with hearing civil cases brought by consumers
alleging violations by dealers. Also, the DMV could experience some
additional workload associated with conducting investigations and
enforcement actions related to allegations of violations of this
requirement. These court and DMV costs will likely not be significant.
Summary of Fiscal Effects. This measure
would have the following fiscal effect:
- Unknown but probably not significant net effect on overall state
and local government revenues resulting from changes affecting the
sale of vehicles.
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