BILL NUMBER: AB 2241	CHAPTERED
	BILL TEXT

	CHAPTER  451
	FILED WITH SECRETARY OF STATE  SEPTEMBER 27, 2008
	APPROVED BY GOVERNOR  SEPTEMBER 27, 2008
	PASSED THE SENATE  AUGUST 18, 2008
	PASSED THE ASSEMBLY  AUGUST 20, 2008
	AMENDED IN SENATE  AUGUST 11, 2008
	AMENDED IN SENATE  JUNE 26, 2008
	AMENDED IN ASSEMBLY  MAY 23, 2008

INTRODUCED BY   Assembly Member Saldana

                        FEBRUARY 20, 2008

   An act to amend Section 4156 of, and to add Section 9257.5 to, the
Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2241, Saldana. Vehicle operation: temporary permits.
   Existing law authorizes the Department of Motor Vehicles in its
discretion to issue a temporary permit to operate a vehicle when a
payment of fees has been accepted in an amount to be determined by,
and paid to, the department, by the owner or other person in lawful
possession of the vehicle.
    Existing law requires the department to require a person to
obtain a valid certification of compliance upon initial registration,
transfer of ownership and registration, or biennial renewal of
registration of a motor vehicle that is subject to vehicular air
pollution control requirements.
   This bill would, with regard to biennial renewal of registration
of a motor vehicle, require that a fee of $50 be paid for each
temporary permit issued pursuant to these provisions when a
certificate of compliance is required, except that the fee would not
be charged for a vehicle that has been accepted into the Bureau of
Automotive Repair Consumer Assistance Program if the owner of the
vehicle qualifies as an income eligible applicant for the program and
presents sufficient evidence of this fact. The bill would limit the
issuance of a temporary permit under these circumstances to a vehicle
that has failed its most recent smog check inspection. The bill
would also limit, under these circumstances, the issuance of a
temporary permit to not more than one permit to a vehicle owner in a
2-year period, and the temporary permit would be valid for either 60
days from the date of the expiration of the registration of the
vehicle or 60 days from the date that the vehicle is removed from
nonoperation, as specified.


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

  SECTION 1.  Section 4156 of the Vehicle Code is amended to read:
   4156.  (a) Other provisions of this code notwithstanding, and
except as provided in subdivision (b), the department in its
discretion may issue a temporary permit to operate a vehicle when a
payment of fees has been accepted in an amount to be determined by,
and paid to the department, by the owner or other person in lawful
possession of the vehicle. The permit shall be subject to the terms
and conditions, and shall be valid for the period of time, that the
department shall deem appropriate under the circumstances.
   (b) (1) The department shall not issue a temporary permit pursuant
to subdivision (a) to operate a vehicle for which a certificate of
compliance is required pursuant to Section 4000.3, and for which that
certificate of compliance has not been issued, unless the department
is presented with sufficient evidence, as determined by the
department, that the vehicle has failed its most recent smog check
inspection.
   (2) Not more than one temporary permit may be issued pursuant to
this subdivision to a vehicle owner in a two-year period.
   (3) A temporary permit issued pursuant to paragraph (1) is valid
for either 60 days after the expiration of the registration of the
vehicle or 60 days after the date that vehicle is removed from
nonoperation, whichever is applicable at the time that the temporary
permit is issued.
   (4) A temporary permit issued pursuant to paragraph (1) is subject
to Section 9257.5.
  SEC. 2.  Section 9257.5 is added to the Vehicle Code, to read:
   9257.5.  (a) Except as provided in subdivision (c), a fee of fifty
dollars ($50) shall be paid for each temporary permit issued
pursuant to Section 4156 when a certificate of compliance is required
pursuant to Section 4000.3.
   (b) After deducting its administrative costs, the department shall
deposit fees collected pursuant to subdivision (a) in the High
Polluter Repair or Removal Account in the Vehicle Inspection and
Repair Fund.
   (c) The department shall not charge a fee pursuant to subdivision
(a) if the department is presented at the time the temporary permit
is issued with sufficient evidence, as determined by the department,
that the owner of the vehicle is an income eligible applicant who had
his or her vehicle accepted into the Bureau of Automotive Repair
Consumer Assistance Program as established pursuant to Chapter 5
(commencing with Section 44000) of Part 5 of Division 26 of the
Health and Safety Code.