INTRODUCED BY   Assembly Member Emmerson

                        FEBRUARY 19, 2010

   An act to amend Section 9565 of the Vehicle Code, relating to


   AB 2461, as introduced, Emmerson. Vehicles: vehicle registration
amnesty program.
   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.
   This bill would make technical, nonsubstantive changes to those
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


  SECTION 1.  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
January 1, 2010, until December 31, 2010, for vehicles that have been
 previously  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 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  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 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
   (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,
    (f)  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
   (3) The vehicle has been issued a certificate of compliance in
accordance with Section 44015 of the Health and Safety Code, as