BILL NUMBER: AB 2461	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 15, 2010
	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.
   (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 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 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 require the department to establish the above
amnesty program from July 1, 2011, to June 30, 2012.  For the
purposes of that program, the bill would require a specially
constructed vehicle to be considered "correctly registered" if it has
been issued a certificate of compliance on the basis that the
specially constructed 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
application.  Because the bill would expand the scope of the
crime of perjury, this bill would impose a state-mandated local
program.
   (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
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 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 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 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) 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)  (A)    The vehicle has been issued a
certificate of compliance in accordance with Section 44011 of the
Health and Safety Code, as appropriate. 
   (B) For purposes of this section, a certificate of compliance
shall be issued to a specially constructed vehicle that has applied
for amnesty if 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
application. A specially constructed vehicle that has applied for
amnesty shall not be subject to the requirements of a visual
inspection. 
   (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.