BILL NUMBER: AB 619 CHAPTERED 09/27/08 CHAPTER 420 FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2008 APPROVED BY GOVERNOR SEPTEMBER 27, 2008 PASSED THE SENATE AUGUST 22, 2008 PASSED THE ASSEMBLY AUGUST 28, 2008 AMENDED IN SENATE AUGUST 20, 2008 AMENDED IN SENATE AUGUST 18, 2008 AMENDED IN SENATE AUGUST 13, 2008 AMENDED IN SENATE AUGUST 4, 2008 AMENDED IN SENATE JULY 17, 2007 AMENDED IN ASSEMBLY JUNE 1, 2007 AMENDED IN ASSEMBLY APRIL 16, 2007 INTRODUCED BY Assembly Member Emmerson FEBRUARY 21, 2007 An act to amend Section 4750.1 of, and to add and repeal Section 9565 of, the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 619, Emmerson. Vehicle registration amnesty program: specially constructed vehicles. (1) Existing law generally requires all vehicles operating upon the highways of this state to be registered and all fees and taxes to have been paid. This bill would require the Department of Motor Vehicles to develop and administer a vehicle registration amnesty program which would be in effect from January 1, 2010, until December 31, 2010, for vehicles that were previously registered or classified incorrectly and that, pursuant to the program, become correctly registered, as defined. The department would be required to grant amnesty to a vehicle owner if all of the specified conditions are met by December 31, 2010, including, but not limited to, the owner filing a completed application, signed under penalty of perjury, with the department. Because a violation of this provision would expand the scope of the crime of perjury, this bill would impose a state-mandated local program. These provisions would not become operative until July 1, 2009, and would be repealed on January 1, 2011. This bill would require that for those specially constructed passenger vehicles or pickup trucks that participated in the amnesty program, the model year of the previous registration would be required to be the calendar year of the year in which the vehicle owner applied for amnesty, but exemptions from smog check requirements based on model-year would not apply. (2) 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. (a) It is the intent of the Legislature in enacting a vehicle registration amnesty program to improve compliance with state vehicle registration laws and accelerate and increase collections of certain owed state fees and taxes. (b) The Legislature finds and declares that a public purpose is served by the waiver of criminal prosecution in return for the immediate reporting and payment of previously underreported, nonreported, or certain nonpaid vehicle registration fees and taxes. The benefits gained by an amnesty program include, among other things, accelerated receipt of certain owed fees and taxes, permanently bringing into the vehicle registration system vehicles that have been previously misidentified to avoid appropriative state taxes and fees, and providing an opportunity for vehicle owners to correct their vehicle registration requirements and satisfy tax and fee obligations before stepped-up vehicle registration enforcement programs take effect. (c) Further, the legislative intent of enacting this amnesty program is that the program is a one-time occurrence that shall not be repeated in the future, because any expectations of future amnesty programs could have a counterproductive effect on current compliance. SEC. 2. 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) 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. For a vehicle that participated in the amnesty program 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 subdivision 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. 3. Section 9565 is added to the Vehicle Code, to read: 9565. (a) (1) The department shall develop and administer a vehicle registration amnesty program, which shall be in effect from January 1, 2010, until December 31, 2010, for vehicles that have been previously registered 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 January 1, 2010, 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 already been initiated 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 December 31, 2010: (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) (1) This section shall not become operative until July 1, 2009. (2) This section shall remain in effect only until January 1, 2011, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2011, deletes or extends that date. (g) 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 the 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) The vehicle has been issued a certificate of compliance in accordance with Section 44015 of the Health and Safety Code, as appropriate. 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.