BILL NUMBER: AB 2461	CHAPTERED
	BILL TEXT

	CHAPTER  388
	FILED WITH SECRETARY OF STATE  SEPTEMBER 27, 2010
	APPROVED BY GOVERNOR  SEPTEMBER 25, 2010
	PASSED THE SENATE  AUGUST 18, 2010
	PASSED THE ASSEMBLY  AUGUST 20, 2010
	AMENDED IN SENATE  AUGUST 12, 2010
	AMENDED IN SENATE  AUGUST 5, 2010
	AMENDED IN SENATE  JULY 15, 2010
	AMENDED IN SENATE  JUNE 28, 2010
	AMENDED IN SENATE  MAY 24, 2010
	AMENDED IN ASSEMBLY  APRIL 8, 2010

INTRODUCED BY   Assembly Member Emmerson

                        FEBRUARY 19, 2010

   An act to amend Sections 4750.1 and 9565 of the Vehicle Code,
relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2461, Emmerson. Vehicles: vehicle registration amnesty program.

   (1) Existing law requires the Department of Motor Vehicles to
administer a vehicle registration amnesty program from January 1,
2010, to December 31, 2010, for vehicles that have been registered
previously or classified incorrectly and that are correctly
registered in accordance with the amnesty program's requirements.
Existing law requires the department, pursuant to the program, to
grant amnesty to a vehicle owner, if among other things, the vehicle
owner filed an amnesty application with the department attesting,
under the penalty of perjury, to the owner's eligibility to
participate in the program. Existing law provides that a specially
constructed vehicle applying for amnesty does not qualify for a
specified exemption from the requirement to obtain a certificate of
compliance issued by a licensed smog check station. Existing law
considers a vehicle to be "correctly registered" if, among other
things, the vehicle has been issued a certificate of compliance by a
licensed smog check station.
   This bill would require the department to establish the above
amnesty program from July 1, 2011, to June 30, 2012, and would make
related changes. For the purposes of that program, the bill would
require a specially constructed vehicle to be considered "correctly
registered" if it has been issued a certificate of compliance on the
basis that the specially constructed vehicle has met the inspection
and maintenance tailpipe emissions requirements, as determined by the
Bureau of Automotive Repair, for the model year assigned in the
amnesty application. Because the bill would expand the scope of the
crime of perjury, this bill would impose a state-mandated local
program.
   (2) This bill would incorporate additional changes in Section
4750.1 of the Vehicle Code proposed by SB 165 to be operative only if
SB 165 and this bill are both chaptered and become effective on or
before January 1, 2011, and this bill is chaptered last.
   (3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4750.1 of the Vehicle Code is amended to read:
   4750.1.  (a) If the department receives an application for
registration of a specially constructed passenger vehicle or pickup
truck after it has registered 500 specially constructed vehicles
during that calendar year pursuant to Section 44017.4 of the Health
and Safety Code, and the vehicle has not been previously registered,
the vehicle shall be assigned the same model-year as the calendar
year in which the application is submitted, for purposes of
determining emissions inspection requirements for the vehicle.
   (b) (1) If the department receives an application for registration
of a specially constructed passenger vehicle or pickup truck that
has been previously registered after it has registered 500 specially
constructed vehicles during that calendar year pursuant to Section
44017.4 of the Health and Safety Code, and the application requests a
model-year determination different from the model-year assigned in
the previous registration, the application for registration shall be
denied and the vehicle owner is subject to the emission control and
inspection requirements applicable to the model-year assigned in the
previous registration.
   (2) For a vehicle participating in the amnesty program in effect
from July 1, 2011, to June 30, 2012, pursuant to Section 9565, the
model-year of the previous registration shall be the calendar year of
the year in which the vehicle owner applied for amnesty. However, a
denial of an application for registration issued pursuant to this
paragraph does not preclude the vehicle owner from applying for a
different model-year determination and application for registration
under Section 44017.4 of the Health and Safety Code in a subsequent
calendar year.
   (c) (1) The Bureau of Automotive Repair may charge the vehicle
owner who applies to participate in the amnesty program a fee for
each referee station inspection conducted pursuant to Section 9565.
The fee shall be one hundred sixty dollars ($160) and shall be
collected by the referee station performing the inspection.
   (2) A contract to perform referee services may authorize direct
compensation to the referee contractor from the inspection fees
collected pursuant to paragraph (1). The referee contractor shall
deposit the inspection fees collected from the vehicle owner into a
separate trust account that the referee contractor shall account for
and manage in accordance with generally accepted accounting standards
and principles. Where the department conducts the inspections
pursuant to Section 9565, the inspection fees collected by the
department shall be deposited into the Vehicle Inspection and Repair
Fund.
  SEC. 1.5.  Section 4750.1 of the Vehicle Code is amended to read:
   4750.1.  (a) (1) The department shall annually register no more
than the first 500 vehicles that have model years determined in
accordance with the requirements of Section 44017.4 of the Health and
Safety Code that apply to the department for registration pursuant
to this section.
   (2) The 500-vehicle annual limitation does not apply to the
renewal of registration of a specially constructed vehicle that was
previously registered by the department.
   (b) The registered owner of a specially constructed vehicle that
is currently registered may apply to register the vehicle using a
different model year determined in accordance with the requirements
of Section 44017.4 of the Health and Safety Code.
   (c) If the department receives an application for registration of
a specially constructed passenger vehicle or pickup truck after it
has registered 500 specially constructed vehicles during that
calendar year in accordance with the requirements of Section 44017.4
of the Health and Safety Code, and the vehicle has not been
previously registered, the vehicle shall be assigned the same
model-year as the calendar year in which the application is
submitted, for purposes of determining emissions inspection
requirements for the vehicle.
   (d) (1) If the department receives an application for registration
of a specially constructed passenger vehicle or pickup truck that
has been previously registered after it has registered 500 specially
constructed vehicles during that calendar year in accordance with the
requirements of Section 44017.4 of the Health and Safety Code, and
the application requests a model-year determination different from
the model-year assigned in the previous registration, the application
for registration shall be denied and the vehicle owner is subject to
the emission control and inspection requirements applicable to the
model-year assigned in the previous registration.
   (2) For a vehicle participating in the amnesty program in effect
from July 1, 2011, to June 30, 2012, pursuant to Section 9565, the
model-year of the previous registration shall be the calendar year of
the year in which the vehicle owner applied for amnesty. However, a
denial of an application for registration issued pursuant to this
paragraph does not preclude the vehicle owner from applying for a
different model-year determination and application for registration
under Section 44017.4 of the Health and Safety Code in a subsequent
calendar year.
  SEC. 2.  Section 9565 of the Vehicle Code is amended to read:
   9565.  (a) (1) The department shall develop and administer a
vehicle registration amnesty program, which shall be in effect from
July 1, 2011, until June 30, 2012, for vehicles that have been
registered previously or classified incorrectly and that are
correctly registered in accordance with this section.
   (2) Except as provided in subdivision (b), a criminal action for
false statements relating to the value, make, model, or a failure to
register the vehicle shall not be brought against a current vehicle
owner who has been granted amnesty under this section.
   (b) This section does not apply to violations of this code for
which, as of July 1, 2011, either of the following applies:
   (1) The current vehicle owner is on notice of a criminal
investigation by a complaint having been filed against him or her, or
by written notice having been mailed to him or her, that he or she
is under criminal investigation.
   (2) A criminal court proceeding involving the vehicle has been
initiated already against the current vehicle owner.
   (c) The department shall grant amnesty to a vehicle owner if all
of the following conditions have been met by June 30, 2012:
   (1) The vehicle owner has filed a completed amnesty application
with the department attesting, under penalty of perjury, to the owner'
s eligibility to participate in the vehicle registration amnesty
program.
   (2) Specially constructed vehicles participating in the amnesty
program shall be assigned the model year of the calendar year in
which the vehicle owner applied for amnesty under this section.
   (3) The vehicle owner has correctly registered the vehicle or has
been issued a certificate of ownership without registration, pursuant
to Section 4452.
   (d) Vehicle license fee revenue derived from the vehicle
registration amnesty program shall be allocated in the same manner as
required by Section 11001.5 of the Revenue and Taxation Code.
   (e) Specially constructed vehicles that apply for amnesty under
this section shall not be exempted from the requirement to obtain a
certificate of compliance as provided in subparagraph (B) of
paragraph (4) of subdivision (a) of Section 44011 of the Health and
Safety Code.
   (f) For the purposes of this section, "correctly registered" means
that all of the following have been completed:
   (1) The vehicle owner has disclosed to the department the make,
model, and true cost of the vehicle including parts and labor.
   (2) The vehicle owner has paid to the department all fees and
penalties owed for the underreporting of the vehicle's value and the
nonpayment of taxes or fees previously determined or proposed to be
determined.
   (3) (A) The vehicle has been issued a certificate of compliance in
accordance with Section 44011 of the Health and Safety Code, as
appropriate.
   (B) For purposes of this section, a certificate of compliance
shall be issued to a specially constructed vehicle that has applied
for amnesty if the vehicle has met the inspection and maintenance
tailpipe emissions requirements, as determined by the Bureau of
Automotive Repair, for the model year assigned under paragraph (2) of
subdivision (c). A specially constructed vehicle that has applied
for amnesty shall not be subject to the requirements of a visual
inspection.
   (g) This section shall become inoperative on July 1, 2012, and, as
of January 1, 2013, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2013, deletes or
extends the dates on which it becomes inoperative and is repealed.
  SEC. 3.  Section 1.5 of this bill incorporates amendments to
Section 4750.1 of the Vehicle Code proposed by both this bill and SB
165. It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2011, (2) each bill amends
Section 4750.1 of the Vehicle Code, and (3) this bill is enacted
after SB 165, in which case Section 1 of this bill shall not become
operative.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.