BILL NUMBER: AB 2461	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 24, 2010
	AMENDED IN ASSEMBLY  APRIL 8, 2010

INTRODUCED BY   Assembly Member Emmerson

                        FEBRUARY 19, 2010

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2461, as amended, 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.
 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 specially
constructed vehicles 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 vehicles 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 extend the amnesty program to December 31,
 2011   2012. Because the bill would expand the
scope of the crime of perjury, this bill would impose a
state-mandated local program  . The bill would consider a 
specially constructed  vehicle  built on or after January 1,
1976,  to be "correctly registered" if, among other things, the
vehicle  , instead,  has met the inspection and
maintenance tailpipe emissions requirements, as  tested
  determined  by the Bureau of Automotive Repair,
for the model year assigned in the amnesty program.  The bill
would exempt specially constructed vehicles built prior to January 1,
1976, from the requirement to obtain a certificate of compliance
issued by a licensed smog check station.  
   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. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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

  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, 2011   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 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 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, 
2011   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  built on or after January
1, 1976,  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.
  this section shall meet the emissions requirements
provided for in paragraph (4) of subdivision (g). Specially
constructed vehicle   s built prior to January 1, 1976, are
exempt from the requirement to obtain a certificate of compliance as
provided in paragraph (3)   of subdivision (a) of Section
44011 of the Health and Safety Code. 
   (f) This section shall remain in effect only until January 1,
 2012   2013  , and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1,  2012   2013  , 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 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 met the inspection and maintenance tailpipe
emission requirements, as tested by the Bureau of Automotive Repair,
for the model year assigned in the amnesty application. 

   (3) Except as provided in paragraph (4), the vehicle has been
issued a certificate of compliance in accordance with Section 44015
of the Health and Safety Code.  
   (4) (A) For specially constructed vehicles built on or after
January 1, 1976, the vehicle has met the inspection and maintenance
tailpipe emission requirements, as determined by the Bureau of
Automotive Repair, for the model year assigned in the amnesty
application and shall not be subjected to a visual inspection. 

   (B) For specially constructed vehicles built prior to January 1,
1976, the vehicle is exempt from the requirement of paragraph (3).

   SEC. 2.    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.