California Legislature—2013–14 Regular Session

Assembly Bill No. 281

Introduced by Assembly Member Donnelly

February 11, 2013

An act to amend Section 9562 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 281, as introduced, Donnelly. Vehicle registration: late penalties: waiver.

Existing law imposes renewal fee penalties for late payment of vehicle registration except in limited specified cases. Existing law authorizes the Department of Motor Vehicles to waive the registration penalties accrued prior to the purchase of a vehicle upon payment for the fees for registration due, if the transferee or purchaser was not aware that the fees were unpaid. Existing law also authorizes the department to waive the registration fees that became due prior to the purchase of the vehicle if the transferee or purchaser was not aware that the fees were unpaid and the license plate assigned to the vehicle displays a validating device issued by the department that contains the year number of the registration year for which the transferee or purchaser is requesting a waiver of fees. Existing law further provides that these unpaid fees and penalties are the personal debt of the transferor of the vehicle and may be collected by the department in an appropriate civil action if the department has waived the fees and penalties.

This bill would instead require the department to waive delinquent registration fees and penalties when a transferee or purchaser of a vehicle applies for a transfer of registration if the department determines that the fees became due or the penalties accrued prior to the purchase of the vehicle.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 9562 of the Vehicle Code is amended to
read:

9562.  

(a) When a transferee or purchaser of a vehicle applies
for transfer of registration, as provided in Section 5902, and it is
determined by the department that registration begin insert fees for any year
are unpaid and due, or that registration penalties have accrued,
but that the fees became due or the end insert penalties accrued prior to the
purchase of the vehicle, begin delete and that the transferee or purchaser was
not cognizant of the nonpayment of the fees for registration for
the current or prior registration years, end delete the department begin delete may end delete begin insert shall end insert
waive the begin insert delinquent end insert registration begin insert fees and end insert penalties begin delete upon payment
of the fees for registration due end delete begin insert , and may collect these fees and
penalties from the seller or transferor pursuant to subdivision (c) end insert .

(b) Other provisions of this code notwithstanding, the director
may, at his or her discretion, investigate into the circumstances of
any application for registration to ascertain if penalties had accrued
through no fault or intent of the owner. If the director determines
that the circumstances justify it, he or she may waive any penalties
upon payment of the fees for registration then due.

begin delete

(c) When a transferee or purchaser of a vehicle applies for
transfer of registration of a vehicle, and it is determined by the
department that fees for registration of the vehicle for any year are
unpaid and due, that the fees became due prior to the transfer or
purchase of the vehicle by the transferee or purchaser and that the
transferee or purchaser was not cognizant of the fact that the fees
were unpaid and due, the department may waive the fees and any
penalty thereon if the license plate assigned to the vehicle displays
a validating device issued by the department and the validating
device contains the year number of the registration year for which
the transferee or purchaser is requesting a waiver of fees and
penalties.

(d)

end delete

begin insert (c) end insert  Upon the transfer of a vehicle for which fees for registration
and any penalties thereon are unpaid and due, the fees and penalties
are, notwithstanding the provisions of Article 6 (commencing with
Section 9800) of this chapter, the personal debt of the transferor
of the vehicle who did not pay the fees and penalties when they
became due or accrued. The fees and penalties may be collected
by the department in an appropriate civil action if the department
has waived the fees and penalties pursuant to subdivision begin delete (c) end delete begin insert (a) end insert .