AB 516, as amended, Mullin. Vehicles: temporary license plates.
Existing law requires the Department of Motor Vehicles (DMV), upon registering a vehicle, to issue to the owner 2 license plates, as specified. Existing law also requires vehicle dealers and lessor-retailers to attach numbered report-of-sale forms issued by the DMV to a vehicle at the time of sale, and to submit to the DMV an application for registration of the vehicle, and the applicable fees, within a specified period after the date of sale.
begin delete A violation of the Vehicle Code is a crime.end delete
This bill would require the DMV to develop a temporary license plate system to enable vehicle dealers
begin delete and lessor-retailersend delete to provide temporary license plates, and would require the system to begin operation on begin delete or beforeend delete January 1, 2017. The bill would begin delete alsoend delete require, commencing January 1, 2017, a motor vehicle dealer begin delete or lessorretailerend delete to affix a temporary license plate, at the time of sale, to a vehicle sold without a permanent license plate. begin delete Because a violation of this provision would be a crime,end delete this bill would impose a state-mandated local program.
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:
(a) In order to continue improving the quality of products
4and services it provides to its customers, the department, in
5conformance with Article 4 (commencing with Section 19130) of
P3 1Chapter 5 of Part 2 of Division 5 of Title 2 of the Government
2Code, may establish contracts for electronic programs that allow
3qualified private industry partners to join the department in
4providing services that include processing and payment programs
5for vehicle registration and titling transactions.
6(b) (1) The department may enter into contractual agreements
7with qualified private industry partners. There are the following
8three types of private industry partnerships authorized under this
10(A) First-line business partner is an industry partner that receives
11data directly from the department and uses it to complete
12registration and titling activities for that partner’s own business
14(B) First-line service provider is an industry partner that receives
15information from the department and then transmits it to another
16authorized industry partner.
17(C) Second-line business partner is a partner that receives
18information from a first-line service provider.
19(2) The private industry partner contractual agreements shall
20include the following minimum requirements:
21(A) Filing of an application and payment of an application fee,
22as established by the department.
23(B) Submission of information, including, but not limited to,
24fingerprints and personal history statements, focusing on and
25concerning the applicant’s character, honesty, integrity, and
26reputation as the department may consider necessary.
27(C) Posting a bond in an amount consistent with Section 1815.
28(3) The department shall, through regulations, establish any
29additional requirements for the purpose of safeguarding privacy
30and protecting the information authorized for release under this
32(c) The director may establish, through the adoption of
33regulations, the maximum amount that a qualified private industry
34partner may charge its customers in providing the services
35authorized under subdivision (a).
36(d) The department shall charge a three-dollar ($3)
37transaction fee for the information and services provided under
38subdivision (a). The private industry partner may pass the
39transaction fee to the customer, but the total charge to a customer
P4 1may not exceed the amount established by the director under
8(e) All fees collected by the department pursuant to subdivision
9(d) shall be deposited in the Motor Vehicle Account. On January
101 of each year, the department shall adjust the fee in accordance
11with the California Consumer Price Index. The amount of the fee
12shall be rounded to the nearest whole dollar, with amounts equal
13to, or greater than, fifty cents ($0.50) rounded to the next highest
15(f) The department shall adopt regulations and procedures that
16ensure adequate oversight and monitoring of qualified private
17industry partners to protect vehicle owners from the improper use
18of vehicle records. These regulations and procedures shall include
19provisions for qualified private industry partners to periodically
20submit records to the department, and the department shall review
21those records as necessary. The regulations shall also include
22provisions for the dedication of department resources to program
23monitoring and oversight; the protection of confidential records
24in the department’s files and databases; and the duration and nature
25of the contracts with qualified private industry partners.
26(g) The department shall, annually, by October 1, provide a
27report to the Legislature that shall include all of the following
28information gathered during the fiscal year immediately preceding
29the report date:
30(1) Listing of all qualified private industry partners, including
31names and business addresses.
32(2) Volume of transactions, by type, completed by business
34(3) Total amount of funds, by transaction type, collected by
36(4) Total amount of funds received by the department.
37(5) Description of any fraudulent activities identified by the
39(6) Evaluation of the benefits of the program.
P5 1(7) Recommendations for any administrative or statutory
2changes that may be needed to improve the program.
3(h) Nothing in this section impairs or limits the authority
4provided in Section 4610 or Section 12155 of the Insurance Code.
Section 1686 is added to the Vehicle Code, to read:
The department shall develop, or contract with a
8private industry partner for the development of, a temporary license
9plate system that shall begin operating on
begin delete or beforeend delete January 1,
102017. The system shall enable the department, vehicle
begin delete dealers, and to provide temporary
13license plates at the time of sale of a vehicle. The system shall
begin delete real-timeend delete electronic access to information identifying the
15vehicle and its owner only to those entities authorized to access
16the state’s vehicle registration system.
(a) When selling a vehicle, dealers and lessor-retailers
21shall use numbered report-of-sale forms issued by the department.
22The forms shall be used in accordance with the following terms
24(1) The dealer or lessor-retailer shall attach for display a copy
25of the report of sale on the vehicle before the vehicle is delivered
26to the purchaser.
27(2) The dealer or lessor-retailer shall submit to the department
28an application accompanied by all fees and penalties due for
29registration or transfer of registration of the vehicle within 30 days
30from the date of sale, as provided in subdivision (c) of Section
319553, if the vehicle is a used vehicle, and 20 days if the vehicle is
32a new vehicle. Penalties due for noncompliance with this paragraph
33shall be paid by the dealer or lessor-retailer. The dealer or
34lessor-retailer shall not charge the purchaser for the penalties.
35(3) As part of an application to transfer registration of a used
36vehicle, the dealer or lessor-retailer shall include all of the
37following information on the certificate of title, application for a
38duplicate certificate of title, or form prescribed by the department:
39(A) Date of sale and report of sale number.
40(B) Purchaser’s name and address.
P6 1(C) Dealer’s name, address, number, and signature or signature
2of authorized agent.
3(D) Salesperson number.
4(4) If the department returns an application and the application
5was first received by the department within 30 days of the date of
6sale of the vehicle if the vehicle is a used vehicle, and 20 days if
7the vehicle is a new vehicle, the dealer or lessor-retailer shall
8submit a corrected application to the department within 50 days
9from the date of sale of the vehicle if the vehicle is a used vehicle,
10and 40 days if the vehicle is a new vehicle, or within 30 days from
11the date that the application is first returned by the department if
12the vehicle is a used vehicle, and 20 days if the vehicle is a new
13vehicle, whichever is later.
14(5) If the department returns an application and the application
15was first received by the department more than 30 days from the
16date of sale of the vehicle if the vehicle is a used vehicle, and 20
17days if the vehicle is a new vehicle, the dealer or lessor-retailer
18shall submit a corrected application to the department within 50
19days from the date of sale of the vehicle if the vehicle is a used
20vehicle, and 40 days if the vehicle is a new vehicle.
21(6) An application first received by the department more than
2250 days from the date of sale of the vehicle if the vehicle is a used
23vehicle, and 40 days if the vehicle is a new vehicle, is subject to
24the penalties specified in subdivisions (a) and (b) of Section 4456.1.
25(7) The dealer or lessor-retailer shall report the sale pursuant to
27(b) (1) A transfer that takes place through a dealer conducting
28a wholesale vehicle auction shall be reported to the department by
29that dealer on a single form approved by the department. The
30completed form shall contain, at a minimum, all of the following
32(A) The name and address of the seller.
33(B) The seller’s dealer number, if applicable.
34(C) The date of delivery to the dealer conducting the auction.
35(D) The actual mileage of the vehicle as indicated by the
36vehicle’s odometer at the time of delivery to the dealer conducting
38(E) The name, address, and occupational license number of the
39dealer conducting the auction.
P7 1(F) The name, address, and occupational license number of the
3(G) The signature of the dealer conducting the auction.
4(2) Submission of the completed form specified in paragraph
5(1) to the department shall fully satisfy the requirements of
6subdivision (a) and subdivision (a) of Section 5901 with respect
7to the dealer selling at auction and the dealer conducting the
9(3) The single form required by this subdivision does not relieve
10a dealer of any obligation or responsibility that is required by any
begin delete provision ofend delete law.
19(c) Aend delete
20vehicle displaying a copy of the report of sale may be
22operated without license plates or registration card until either of
23the following, whichever occurs first:
24(1) The license plates and registration card are received by the
26(2) A 90-day period, commencing with the date of sale of the
27vehicle, has expired.
28(d) This section shall become operative on July 1, 2012.end delete
(a) A dealer may charge the purchaser or lessee of a
31vehicle the following charges:
32(1) A document processing charge for the preparation and
33processing of documents, disclosures, and titling, registration, and
34information security obligations imposed by state and federal law.
35The dealer document processing charge shall not be represented
36as a governmental fee.
37(A) If a dealer has a contractual agreement with the department
38to be a private industry partner pursuant to Section 1685, the
39document processing charge shall not exceed eighty dollars ($80).
P8 1(B) If a dealer does not have a contractual agreement with the
2department to be a private industry partner pursuant to Section
31685, the document processing charge shall not exceed sixty-five
5(2) An electronic filing charge, not to exceed the actual amount
6the dealer is charged by a first-line service provider for providing
7license plate processing, postage, and the fees and services
8authorized pursuant to subdivisions (a) and (d) of Section 1685.
9The director may establish, through the adoption of regulations,
10the maximum amount that a first-line service provider may charge
11a dealer. The electronic filing charge shall not be represented as a
13(b) As used in this section, the term “first-line service provider”
14shall have the same meaning as defined in subdivision (b) of
16(c) This section shall become operative on July 1, 2012.end delete
Section 4456.6 is added to the Vehicle Code, to read:
(a) A motor vehicle dealer
begin delete or lessor-retailerend delete shall, at the time
17of sale, affix a temporary license plate to a vehicle sold without a
18permanent license plate.
19(b) This section shall become operative on January 1, 2017.
(a) A person who, with intent to prejudice, damage, or
22defraud, commits any of the following acts is guilty of a felony
23and upon conviction thereof shall be punished by imprisonment
24pursuant to subdivision (h) of Section 1170 of the Penal Code for
2516 months or two or three years, or by imprisonment in a county
26jail for not more than one year:
27(1) Alters, forges, counterfeits, or falsifies a certificate of
28ownership, registration card, certificate, license, license plate,
29device issued pursuant to Section 4853, special plate, or permit
30provided for by this code or a comparable certificate of ownership,
31registration card, certificate, license, license plate, device
32comparable to that issued pursuant to Section 4853, special plate,
33or permit provided for by a foreign jurisdiction, or alters, forges,
34counterfeits, or falsifies the document, device, or plate with intent
35to represent it as issued by the department, or alters, forges,
36counterfeits, or falsifies with fraudulent intent an endorsement of
37transfer on a certificate of ownership or other document evidencing
38ownership, or with fraudulent intent displays or causes or permits
39to be displayed or have in his or her possession a blank, incomplete,
40canceled, suspended, revoked, altered, forged, counterfeit, or false
P10 1certificate of ownership, registration card, certificate, license,
2license plate, device issued pursuant to Section 4853, special plate,
6(2) Utters, publishes, passes, or attempts to pass, as true and
7genuine, a false, altered, forged, or counterfeited matter listed in
8paragraph (1) knowing it to be false, altered, forged, or
10(b) A person who, with intent to prejudice, damage, or defraud,
11commits any of the following acts is guilty of a misdemeanor, and
12upon conviction thereof shall be punished by imprisonment in a
13county jail for six months, a fine of not less than five hundred
14dollars ($500) and not more than one thousand dollars ($1,000),
15or both that fine and imprisonment, which penalty shall not be
17(1) Forges, counterfeits, or
falsifies a disabled person placard
18or a comparable placard relating to parking privileges for disabled
19persons provided for by a foreign jurisdiction, or forges,
20counterfeits, or falsifies a disabled person placard with intent to
21represent it as issued by the department.
22(2) Passes, or attempts to pass, as true and genuine, a false,
23forged, or counterfeit disabled person placard knowing it to be
24false, forged, or counterfeited.
25(3) Acquires, possesses, sells, or offers for sale a genuine or
26counterfeit disabled person placard.
27(c) A person who, with fraudulent intent, displays or causes or
28 permits to be displayed a forged, counterfeit, or false disabled
29person placard, is subject to the issuance of a notice of parking
30violation imposing a civil penalty of not less than two hundred
31fifty dollars ($250) and not more than one thousand dollars
32($1,000), for which enforcement shall be governed by the
33procedures set forth in Article 3 (commencing with Section 40200)
34of Chapter 1 of Division 17 or is guilty of a misdemeanor
35punishable by imprisonment in a county jail for six months, a fine
36of not less than two hundred fifty dollars ($250) and not more than
37one thousand dollars ($1,000), or both that fine and imprisonment,
38which penalty shall not be suspended.
P11 1(d) For purposes of subdivision (b) or (c), “disabled person
2placard” means a placard issued pursuant to Section 22511.55 or
4(e) A person who, with intent to prejudice, damage, or defraud,
5commits any of the following acts is guilty of an infraction, and
6upon conviction thereof shall be punished by a fine of not less than
7one hundred dollars ($100) and not more than two hundred fifty
8dollars ($250) for a first offense, not less than two hundred fifty
9dollars ($250) and not more than five hundred dollars ($500) for
10a second offense, and not less than five hundred dollars ($500)
11and not more than one thousand dollars ($1,000) for a third or
12subsequent offense, which penalty shall not be suspended:
13(1) Forges, counterfeits, or falsifies a Clean Air Sticker or a
14comparable clean air sticker relating to high occupancy vehicle
15lane privileges provided for by a foreign jurisdiction, or forges,
16counterfeits, or falsifies a Clean Air Sticker with intent to represent
17it as issued by the department.
18(2) Passes, or attempts to pass, as true and genuine, a false,
19forged, or counterfeit Clean Air Sticker knowing it to be false,
20forged, or counterfeited.
21(3) Acquires, possesses, sells, or offers for sale a counterfeit
22Clean Air Sticker.
23(4) Acquires, possesses, sells, or offers for sale a genuine Clean
24Air Sticker separate from the vehicle for which the department
25issued that sticker.
26(f) As used in this section, “Clean Air Sticker” means a label
27or decal issued pursuant to Sections 5205.5 and 21655.9.
(a) When two license plates are issued by the department
30for use upon a vehicle, they shall be attached to the vehicle for
31which they were issued, one in the front and the other in the rear.
32(b) When only one license plate is issued for use upon a vehicle,
33it shall be attached to the rear thereof, unless the license plate is
34issued for use upon a truck tractor, in which case the license plate
35shall be displayed in accordance with Section 4850.5.
No reimbursement is required by this act pursuant to
5Section 6 of Article XIII B of the California Constitution because
6the only costs that may be incurred by a local agency or school
7district will be incurred because this act creates a new crime or
8infraction, eliminates a crime or infraction, or changes the penalty
9for a crime or infraction, within the meaning of Section 17556 of
10the Government Code, or changes the definition of a crime within
11the meaning of Section 6 of Article XIII B of the California