Section § 3000

Explanation

This law section states that the Department of Motor Vehicles includes a New Motor Vehicle Board made up of nine members.

There is in the Department of Motor Vehicles a New Motor Vehicle Board, which consists of nine members.

Section § 3001

Explanation

This law section outlines the composition of a board related to motor vehicle dealers. It requires that four members be new motor vehicle dealers with at least five years of experience and that they are appointed by the Governor. The other five members must be public members with no current affiliation or employment with licensed motor vehicle dealers at the time of their appointment, and must include one lawyer who has practiced in California for at least ten years. Public members are appointed by both legislative leaders and the Governor. All board members need to have good moral character. The provisions do not apply to dealers of motorcycles, all-terrain vehicles, or recreational vehicles.

(a)CA Vehicle Code § 3001(a) Four of the appointive members of the board shall be new motor vehicle dealers as defined in Section 426 who have engaged for a period of not less than five years preceding their appointment in activities regulated by Article 1 (commencing with Section 11700) of Chapter 4 of Division 5. These members shall be appointed by the Governor.
(b)CA Vehicle Code § 3001(b) Each of the five remaining appointive members shall be a public member who is not a licentiate under Article 1 (commencing with Section 11700) or 2 (commencing with Section 11800) of Chapter 4 of Division 5 or an employee of such licentiate at the time of appointment and one of these five appointive members shall have been admitted to practice law in the state for at least 10 years immediately preceding his or her appointment. One public member shall be appointed by the Senate Committee on Rules, one by the Speaker of the Assembly, and three by the Governor.
(c)CA Vehicle Code § 3001(c) Each member shall be of good moral character.
(d)CA Vehicle Code § 3001(d) This section does not apply to a dealer who deals exclusively in motorcycles, all-terrain vehicles, as defined in Section 111, or recreational vehicles, as defined in subdivision (a) of Section 18010 of the Health and Safety Code.

Section § 3002

Explanation

This section indicates that the appointment of certain members will become valid starting from the date this article goes into effect.

The appointments of the appointive members shall be made effective as of the effective date of this article.

Section § 3003

Explanation

This section details how members are appointed to a specific board related to motor vehicles. Each member serves a four-year term, but stays until their replacement is appointed or up to one year after their term ends. Initial terms were staggered to ensure continuity. If a member leaves before their term is over, a new member is appointed to serve the remaining time. This section does not apply to dealers who only deal in motorcycles, all-terrain vehicles, or recreational vehicles.

(a)CA Vehicle Code § 3003(a) Each appointive member of the board shall be appointed for a term of four years and shall hold office until the appointment and qualification of his or her successor or until one year has elapsed since the expiration of the time for which he or she was appointed, whichever occurs first.
(b)CA Vehicle Code § 3003(b) The terms of the members of the board first appointed shall expire as follows: one public member and one new motor vehicle dealer member, January 15, 1969; two public members and one new motor vehicle dealer member, January 15, 1970; two public members and two new motor vehicle dealer members, January 15, 1971. The terms shall thereupon expire in the same relative order.
(c)CA Vehicle Code § 3003(c) Vacancies occurring shall be filled by appointment for the unexpired term.
This section does not apply to a dealer who deals exclusively in motorcycles, all-terrain vehicles, as defined in Section 111, or recreational vehicles, as defined in subdivision (a) of Section 18010 of the Health and Safety Code.

Section § 3004

Explanation

This law section states that board members must take an official oath before starting their duties. This requirement follows guidelines from both the Constitution and the Government Code.

Members of the board shall take an oath of office as provided in the Constitution and the Government Code.

Section § 3005

Explanation

This law allows the person or entity who appointed a board member to remove them from office at any time. They can do so if the member is consistently neglecting their duties, is incompetent, or behaves unprofessionally or dishonorably. Additionally, this power is not limited by this section and can be reinforced by other laws.

The appointing authority has the power to remove from office at any time, any member of the board appointed by such appointing authority for continued neglect of duties required by law, or for incompetence, or unprofessional or dishonorable conduct. Nothing in this section shall be construed as a limitation or restriction on the power of the appointing authority, conferred by any other provision of law, to remove any member of the board.

Section § 3006

Explanation

This law explains that the board must choose a president from its members every year at the first meeting. The president serves for one year and takes on their role right after being elected. Members can be re-elected as president as many times as they want while they are on the board.

The board shall organize and elect a president from among its members for a term of one year at the first meeting of each year. The newly elected president shall assume his or her duties at the conclusion of the meeting at which he or she was elected. Reelection to office during membership is unrestricted.

Section § 3007

Explanation

This law requires the board to have meetings at least twice a year. Additionally, special meetings can be scheduled anytime if the president or any five board members request it, following the procedures set by the board for notifying members about these meetings.

The board shall meet at least twice during each calendar year.
Special meetings may be called at any time by the president or by any five members of the board upon notice for such time and in such manner as the board may provide.

Section § 3008

Explanation

This law requires that all board meetings be open to the public, allowing anyone to attend. However, the board can have private sessions, called executive sessions, to discuss decisions based on evidence presented in specific legal proceedings.

All meetings of the board shall be open and public, and all persons shall be permitted to attend any meeting of the board, except that the board may hold executive sessions to deliberate on the decision to be reached upon the evidence introduced in a proceeding conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

Section § 3010

Explanation

This section explains how many board members are needed to make decisions. Usually, five members are required to do business or make decisions. However, for certain specific issues involving disputes between franchisees and franchisors, only three board members, who are not new car dealers, are needed.

Five members of the board shall constitute a quorum for the transaction of business, for the performance of any duty or the exercise of any power or authority of the board, except that three members of the board, who are not new motor vehicle dealers, shall constitute a quorum for the purposes of Article 4 (commencing with Section 3060) and the consideration of a petition pursuant to subdivision (b) of Section 3050 that involves a dispute between a franchisee and franchisor.

Section § 3011

Explanation

If there's a vacancy on a board, the remaining board members can still carry out their duties and make decisions, as long as there are enough members present to form a quorum.

A vacancy on the board shall not impair the power of the remaining members to perform all duties and exercise all powers of the board, providing the members remaining constitute a quorum.

Section § 3012

Explanation

Board members get $100 per day for working on their duties. They are also paid back for travel and other necessary expenses while doing their job. These payments come from the department's budget.

Each member of the board shall receive a per diem of one hundred dollars ($100) for each day actually spent in the discharge of official duties, and he or she shall be reimbursed for traveling and other expenses necessarily incurred in the performance of his or her duties. The per diem and reimbursement shall be wholly defrayed from funds that shall be provided in the annual budget of the department.

Section § 3013

Explanation

The board is responsible for creating a seal or another device to officially authenticate documents and papers under their control. Certified copies of records from the board's office are to be treated as valid as the originals in all legal situations.

The board shall adopt a seal and such other device as the members may desire thereon, by which they shall authenticate all papers and documents under their control.
Copies of all records and papers in the board’s office shall be received in evidence in all cases when certified under the hand and seal of the board, equally and with like effect as the originals.

Section § 3014

Explanation

This law section states that the board can hire an executive director who does not need to meet civil service requirements and should work as much as needed to fulfill the board's duties. The department must provide the board with what it needs, like staff and office supplies, to carry out this chapter. The board also has the option to make agreements with the department or another state agency for these resources if it sees fit.

The board may appoint an executive director, who shall be exempt from civil service requirements, and who shall devote as much time as may be necessary to discharge the functions of the board as herein provided. The department shall provide the board with the necessary personnel, office space, equipment, supplies, and services that, in the opinion of the board, may be necessary to administer this chapter. However, the board may contract with the department or another state agency for office space, equipment, supplies, and services, as determined by the board to be appropriate, for the administration of this chapter.

Section § 3015

Explanation

This law allows the department to rent meeting rooms in cities across California, such as Los Angeles, San Francisco, Sacramento, or other locations, whenever it's necessary for the board to meet and manage its duties under this chapter.

In addition to the office of the executive director in Sacramento, the department shall, as the need therefor occurs, secure adequate rooms for the meetings of the board in Los Angeles, San Francisco, Sacramento, or other locations in the state as may be required in the discretion of the board, to administer this chapter.

Section § 3016

Explanation

In California, new motor vehicle dealers and other licensees must pay fees that cover the activities of the board overseeing them, except for activities under a specific section of the Business and Professions Code. The costs of these specific activities are funded separately by the Department of Consumer Affairs. All collected fees are kept in a dedicated account and cannot be used for state highway expenses. At the end of each fiscal year, if more fees are collected than spent, the extra amount is carried over to the next year.

(a)CA Vehicle Code § 3016(a) New motor vehicle dealers and other licensees under the jurisdiction of the board shall be charged fees sufficient to fully fund the activities of the board other than those conducted pursuant to Section 472.5 of the Business and Professions Code. The board may recover the direct cost of the activities required by Section 472.5 of the Business and Professions Code by charging the Department of Consumer Affairs a fee which shall be paid by the Department of Consumer Affairs with funds appropriated from the Certification Account in the Consumer Affairs Fund. All fees shall be deposited, and held separate from other moneys, in the Motor Vehicle Account in the State Transportation Fund, and shall not be transferred to the State Highway Account pursuant to Section 42273.
(b)CA Vehicle Code § 3016(b) The fees shall be available, when appropriated, exclusively to fund the activities of the board. If, at the conclusion of any fiscal year, the amount of fees collected exceeds the amount of expenditures for this purpose during the fiscal year, the surplus shall be carried over into the succeeding fiscal year.