BILL NUMBER: AB 2557 CHAPTERED 09/22/06 CHAPTER 419 FILED WITH SECRETARY OF STATE SEPTEMBER 22, 2006 APPROVED BY GOVERNOR SEPTEMBER 22, 2006 PASSED THE ASSEMBLY AUGUST 24, 2006 PASSED THE SENATE AUGUST 17, 2006 AMENDED IN SENATE AUGUST 10, 2006 AMENDED IN SENATE JUNE 19, 2006 AMENDED IN ASSEMBLY APRIL 20, 2006 AMENDED IN ASSEMBLY MARCH 28, 2006 INTRODUCED BY Assembly Members Huff and Mountjoy FEBRUARY 23, 2006 An act to amend Section 43200 of the Health and Safety Code, and to amend Sections 505.2 and 17300 of the Vehicle Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGEST AB 2557, Huff Transportation. (1) Existing law permits the State Air Resources Board to adopt a regulation to prohibit the sale and registration of a new motor vehicle certified by the state board, to which there has not been conspicuously affixed on the driver's side window or, if it cannot be so placed, to the windshield, a decal disclosing specified emissions information. This bill would instead permit that regulation when the specified decal has not been conspicuously affixed on a side window to the rear of the driver, or if it cannot be so placed, to the windshield. (2) Existing law defines the term "registration service" for purposes of the Vehicle Code and excludes from that definition certain activities. This bill would exclude from the definition of "registration service" the acts by an employee of one or more dealers or dismantlers, or a combination thereof, when performing transactions on behalf of a qualified private industry partner that is in compliance with the Department of Motor Vehicles Business Partner Automation Program, as specified. (3) Existing law imposes liability upon a person who willfully or negligently damages a street or highway, or its appurtenances, including, but not limited to, guardrails, signs, traffic signals, snow poles, and similar facilities for the reasonable cost of the repair or replacement of those facilities. This bill would specify that for a person who willfully damaged or destroyed a memorial sign placed by the Department of Transportation, the amount of liability is the actual replacement or repair cost, whichever is applicable, or $1,500, whichever amount is highest. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 43200 of the Health and Safety Code is amended to read: 43200. (a) The state board may adopt a regulation to prohibit the sale and registration in this state of a new motor vehicle certified by the state board to which there has not been securely and conspicuously affixed on a side window to the rear of the driver or, if it cannot be so placed, to the windshield of the motor vehicle in accordance with paragraph (3) of subdivision (b) of Section 26708 of the Vehicle Code, by the manufacturer a label on which the manufacturer shall endorse clearly, distinctly, and legibly true and correct entries disclosing the following information concerning the motor vehicle: (1) The emission standards adopted by the state board pursuant to Section 43101 that are applicable to that motor vehicle. (2) The information required by Section 43200.1 and related air pollution emissions information as specified by the state board. (b) A regulation may be adopted pursuant to this section only if the state board finds that the regulation is necessary for either of the following: (1) To enforce or ensure compliance with applicable statutes, standards, or procedures relating to vehicle emissions. (2) For the protection or information of consumers. (c) Nothing in this division or in any other statute shall be construed as prohibiting a purchaser from removing the decal required by this section, after the purchaser has taken possession of the vehicle. SEC. 2. Section 505.2 of the Vehicle Code is amended to read: 505.2. (a) A "registration service" is a person engaged in the business of soliciting or receiving an application for the registration, renewal of registration, or transfer of registration or ownership, of a vehicle of a type subject to registration under this code, or of soliciting or receiving an application for a motor carrier permit under Division 14.85 (commencing with Section 34600), or of transmitting or presenting those documents to the department, when any compensation is solicited or received for the service. "Registration service" includes, but is not limited to, a person who, for compensation, processes registration documents, conducts lien sales, or processes vehicle dismantling documents. (b) "Registration service" does not include the following: (1) A person performing registration services on a vehicle acquired by that person for his or her own personal use or for use in the regular course of that person's business. (2) A person who solicits applications for or sells, for compensation, nonresident permits for the operation of vehicles within this state. (3) An employee of one or more dealers or dismantlers, or a combination thereof, who performs either of the following: (A) Registration services for vehicles acquired by, consigned to, or sold by one or more of the employing dealers or dismantlers. (B) Vehicle transactions on behalf of one or more of the employing dealers or dismantlers, if the transaction is for an employing dealer or dismantler who is a qualified business partner in compliance with the Business Partner Automation Program established by the department pursuant to Section 1685. (4) A motor club, as defined in Section 12142 of the Insurance Code. (5) A common carrier acting in the regular course of its business in transmitting applications. SEC. 3. Section 17300 of the Vehicle Code is amended to read: 17300. (a) A person who willfully or negligently damages a street or highway, or its appurtenances, including, but not limited to, guardrails, signs, traffic signals, snow poles, and similar facilities, is liable for the reasonable cost of repair or replacement thereof. (b) A person who willfully damages or destroys a memorial sign placed by the Department of Transportation, including, but not limited to, a sign memorializing a victim under Section 101.10 of the Streets and Highways Code, is liable for that damage or destruction for the highest of the following amounts: (1) One thousand five hundred dollars ($1,500). (2) The actual repair cost or replacement cost, whichever is applicable. (c) A person who willfully or negligently causes or permits the contents of a vehicle to be deposited upon a street or highway, or its appurtenances, is liable for the reasonable costs of removing those contents from the street or highway or its appurtenances. (d) The liability stated in this section also applies to an owner of a vehicle operated with the owner's permission, as provided in Article 2 (commencing with Section 17150), and includes liability for the reasonable cost of necessary safety precautions, including, but not limited to, warning traffic, the removal of debris resulting from accidents, the removal of any materials, or providing detours. (e) The Department of Transportation and local authorities, with respect to highways under their respective jurisdictions, may present claims for liability under this section, bring actions for recovery thereon, and settle and compromise, in their discretion, claims arising under this section. (f) If the Department of Transportation or a local authority provides services on a highway outside its jurisdiction, at the request of the department or the local authority that has jurisdiction over that highway, the department or the local authority may present a claim for liability for rendering this service under this section, bring actions for recovery thereon, and, in its discretion, settle and compromise the claim.