BILL NUMBER: AB 2461	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 28, 2010
	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 
    (1)     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  a  specially constructed  vehicles
  vehicle  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   vehicle
 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   require the
department to establish the above  amnesty program  to
December 31, 2012   from July 1, 2011, to June 30, 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 has met the inspection and
maintenance tailpipe emissions requirements, as 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 
    (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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: 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,   July 1,
2011, until June 30,  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   July 1, 2011
 , 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,
  June 30,  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 meet the emissions requirements provided for in
paragraph (4) of subdivision (g). Specially constructed vehicles
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, 2013, and as of that
date is repealed, unless a later enacted statute, that is enacted
before January 1, 2013, deletes or extends that date.  
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. 

   (g) 
    (f)  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) 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).
 
   (3) The vehicle has been issued a certificate of compliance in
accordance with Section 44011 of the Health and Safety Code, as
appropriate.  
   (g) This section shall become inoperative on July 1, 2012, and, as
of January 1, 2013, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2013, deletes or
extends the dates on which it becomes inoperative and is repealed.

  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.