Amended in Assembly June 1, 2015

Amended in Assembly April 20, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 516


Introduced by Assembly Member Mullin

(Coauthor: Assembly Member Chiu)

(Coauthor: Senator Hill)

February 23, 2015


An act tobegin delete amend Sections 1685, 4456, 4463, and 5200 of, toend delete amend, repeal, and addbegin delete Section 4456.5end deletebegin insert Sections 4456, 4462, 4463, 4763, 4773, 5201, 5202, 5901, 6100, 11714, and 38080end insert of, and to addbegin delete Sections 1686, 4456.6, and 5202.5end deletebegin insert Section 4456.2end insert to, the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

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 attachbegin insert aend insert numbered report-of-salebegin delete formsend deletebegin insert formend insert 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. Existing law generally makes a violation of the Vehicle Code an infraction, but makes counterfeiting a license plate a felony.

begin delete

This bill would require the DMV to develop a temporary license plate system to enable the DMV, vehicle dealers that are private industry partners, and first-line service providers, as defined, to provide temporary license plates, and would require the system to begin operation on January 1, 2017. The bill would require, commencing January 1, 2017, a motor vehicle dealer that is a private-industry partner to affix a temporary license plate, at the time of sale, to a vehicle sold without a permanent license plate. The bill would authorize the operation of a vehicle that has been issued temporary license plates for 90 days after the sale of the vehicle or until the owner receives the permanent license plates, and would direct the owner to destroy the temporary license plates upon the receipt of the permanent license plates, as specified. A violation of these provisions would be a crime. The bill would also make counterfeiting a temporary license plate a felony. By creating new crimes and expanding the scope of an existing crime, this bill would impose a state-mandated local program.

end delete
begin delete

Existing law authorizes a vehicle dealer to charge the purchaser of a vehicle a document processing charge for the preparation and processing of documents, disclosures, and titling, registration, and information security obligations. Under existing law, if a dealer has a contractual agreement with the DMV to be a private industry partner, the document processing charge may not exceed $80. Existing law also authorizes the dealer to impose an electronic filing charge that does not exceed the amount the dealer is charged by a first-line service provider for processing license plates, as specified.

end delete
begin delete

This bill would increase to $95 the document processing charge that may be imposed on a vehicle purchaser by a private industry partner. The bill would also require the first-line service provider to impose a $2 transaction fee for processing temporary license plates, and would expand the electronic filing charge to include that amount.

end delete
begin insert

Existing law requires the driver of a motor vehicle to present evidence of registration of a vehicle under the driver’s immediate control upon demand by a peace officer. Existing law prohibits displaying or presenting to a peace officer specified indicia of vehicle registration that are not issued for that vehicle. Existing law authorizes the DMV to assess administrative fees on a processing agency for providing notices of delinquent parking violations or toll evasion violations to the offenders in connection with the collection of penalties for those violations, and authorizes the use of those administrative fees to support those collection procedures. Existing law requires license plates to be securely fastened to the vehicle for which they were issued for the period of validity of the license plates, and authorizes the use of a special permit in lieu of license plates for that purpose.

end insert
begin insert

This bill would require the DMV to develop an operational system, no later than January 1, 2018, that allows a dealer or lessor-retailer to electronically report the sale of a vehicle and provide a temporary license plate as specified. The bill would, commencing January 1, 2017, authorize the department to assess specified administrative fees on processing agencies to support the administration of this system.

end insert
begin insert

The bill would, commencing January 1, 2018, prohibit a person from displaying on a vehicle or presenting to a peace officer, a temporary license plate that was not issued for that vehicle, as specified. The bill would, commencing January 1, 2018, make counterfeiting a temporary license plate a felony. The bill would, commencing January 1, 2018, require temporary license plates to be securely fastened to the vehicle for which they are issued, as specified, and would require a person upon receipt of permanent license plates to replace and destroy the temporary license plates. The bill would make additional conforming changes.

end insert

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:

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 4456 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
2read:end insert

3

4456.  

(a) When selling a vehicle, dealers and lessor-retailers
4shall use numbered report-of-sale forms issued by the department.
5The forms shall be used in accordance with the following terms
6and conditions:

7(1) The dealer or lessor-retailer shall attach for display a copy
8of the report of sale on the vehicle before the vehicle is delivered
9to the purchaser.

10(2) The dealer or lessor-retailer shall submit to the department
11an application accompanied by all fees and penalties due for
12registration or transfer of registration of the vehicle within 30 days
13from the date of sale, as provided in subdivision (c) of Section
149553, if the vehicle is a used vehicle, and 20 days if the vehicle is
P4    1a new vehicle. Penalties due for noncompliance with this paragraph
2shall be paid by the dealer or lessor-retailer. The dealer or
3lessor-retailer shall not charge the purchaser for the penalties.

4(3) As part of an application to transfer registration of a used
5vehicle, the dealer or lessor-retailer shall include all of the
6following information on the certificate of title, application for a
7duplicate certificate of title, or form prescribed by the department:

8(A) Date of sale and report of sale number.

9(B) Purchaser’s name and address.

10(C) Dealer’s name, address, number, and signature or signature
11of authorized agent.

12(D) Salesperson number.

13(4) If the department returns an application and the application
14was first received by the department within 30 days of the date of
15sale of the vehicle if the vehicle is a used vehicle, and 20 days if
16the vehicle is a new vehicle, the dealer or lessor-retailer shall
17submit a corrected application to the department within 50 days
18from the date of sale of the vehicle if the vehicle is a used vehicle,
19and 40 days if the vehicle is a new vehicle, or within 30 days from
20the date that the application is first returned by the department if
21the vehicle is a used vehicle, and 20 days if the vehicle is a new
22vehicle, whichever is later.

23(5) If the department returns an application and the application
24was first received by the department more than 30 days from the
25date of sale of the vehicle if the vehicle is a used vehicle, and 20
26days if the vehicle is a new vehicle, the dealer or lessor-retailer
27shall submit a corrected application to the department within 50
28days from the date of sale of the vehicle if the vehicle is a used
29vehicle, and 40 days if the vehicle is a new vehicle.

30(6) An application first received by the department more than
3150 days from the date of sale of the vehicle if the vehicle is a used
32vehicle, and 40 days if the vehicle is a new vehicle, is subject to
33the penalties specified in subdivisions (a) and (b) of Section 4456.1.

34(7) The dealer or lessor-retailer shall report the sale pursuant to
35Section 5901.

36(b) (1) A transfer that takes place through a dealer conducting
37a wholesale vehicle auction shall be reported to the department by
38that dealer on a single form approved by the department. The
39completed form shall contain, at a minimum, all of the following
40information:

P5    1(A) The name and address of the seller.

2(B) The seller’s dealer number, if applicable.

3(C) The date of delivery to the dealer conducting the auction.

4(D) The actual mileage of the vehicle as indicated by the
5vehicle’s odometer at the time of delivery to the dealer conducting
6the auction.

7(E) The name, address, and occupational license number of the
8dealer conducting the auction.

9(F) The name, address, and occupational license number of the
10buyer.

11(G) The signature of the dealer conducting the auction.

12(2) Submission of the completed form specified in paragraph
13(1) to the department shall fully satisfy the requirements of
14subdivision (a) and subdivision (a) of Section 5901 with respect
15to the dealer selling at auction and the dealer conducting the
16auction.

17(3) The single form required by this subdivision does not relieve
18a dealer of any obligation or responsibility that is required by any
19otherbegin delete provision ofend delete law.

20(c) A vehicle displaying a copy of the report of sale may be
21operated without license plates or registration card until either of
22the following, whichever occurs first:

23(1) The license plates and registration card are received by the
24purchaser.

25(2) A 90-day period, commencing with the date of sale of the
26vehicle, has expired.

27(d) This section shall become operative on July 1, 2012.

begin insert

28(e) This section shall remain in effect only until January 1, 2018,
29and as of that date is repealed, unless a later enacted statute, that
30is enacted before January 1, 2018, deletes or extends that date.

end insert
31begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 4456 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to read:end insert

begin insert
32

begin insert4456.end insert  

(a) When selling a vehicle, dealers and lessor-retailers
33shall report the sale using the reporting system described in Section
344456.2. After providing information to the reporting system, the
35dealer or lessor-retailer shall do all of the following:

36(1) The dealer or lessor-retailer shall attach for display a copy
37of the report-of-sale form provided by the reporting system on the
38vehicle before the vehicle is delivered to the purchaser.

39(2) The dealer or lessor-retailer shall submit to the department
40an application accompanied by all fees and penalties due for
P6    1registration or transfer of registration of the vehicle within 30
2days from the date of sale, as provided in subdivision (c) of Section
39553, if the vehicle is a used vehicle, and within 20 days if the
4vehicle is a new vehicle. Penalties due for noncompliance with
5this paragraph shall be paid by the dealer or lessor-retailer. The
6dealer or lessor-retailer shall not charge the purchaser for the
7penalties.

8(3) As part of an application to transfer registration of a used
9vehicle, the dealer or lessor-retailer shall include all of the
10following information on the certificate of title, application for a
11duplicate certificate of title, or form prescribed by the department:

12(A) Date of sale and report-of-sale number.

13(B) Purchaser’s name and address.

14(C) Dealer’s name, address, number, and signature, or signature
15of authorized agent.

16(D) Salesperson number.

17(4) If the department returns an application and the application
18was first received by the department within 30 days of the date of
19sale of the vehicle if the vehicle is a used vehicle, and within 20
20days if the vehicle is a new vehicle, the dealer or lessor-retailer
21shall submit a corrected application to the department within 50
22days from the date of sale of the vehicle if the vehicle is a used
23vehicle, and within 40 days if the vehicle is a new vehicle, or within
2430 days from the date that the application was first returned by
25the department if the vehicle is a used vehicle, and within 20 days
26if the vehicle is a new vehicle, whichever is later.

27(5) If the department returns an application and the application
28was first received by the department more than 30 days from the
29date of sale of the vehicle if the vehicle is a used vehicle, and more
30than 20 days if the vehicle is a new vehicle, the dealer or
31lessor-retailer shall submit a corrected application to the
32department within 50 days from the date of sale of the vehicle if
33the vehicle is a used vehicle, and within 40 days if the vehicle is a
34new vehicle.

35(6) An application first received by the department more than
3650 days from the date of sale of the vehicle if the vehicle is a used
37vehicle, and more than 40 days if the vehicle is a new vehicle, is
38subject to the penalties specified in subdivisions (a) and (b) of
39Section 4456.1.

P7    1(7) The dealer or lessor-retailer shall report the sale pursuant
2to Section 5901.

3(8) If the vehicle does not display license plates previously issued
4by the department, the dealer or lessor-retailer shall attach the
5temporary license plates issued by the reporting system.

6(b) (1) A transfer that takes place through a dealer conducting
7a wholesale vehicle auction shall be reported to the department
8electronically in a manner approved by the department. The report
9shall contain, at a minimum, all of the following information:

10(A) The name and address of the seller.

11(B) The seller’s dealer number, if applicable.

12(C) The date of delivery to the dealer conducting the auction.

13(D) The actual mileage of the vehicle as indicated by the
14vehicle’s odometer at the time of delivery to the dealer conducting
15the auction.

16(E) The name, address, and occupational license number of the
17dealer conducting the auction.

18(F) The name, address, and occupational license number of the
19buyer.

20(G) The signature of the dealer conducting the auction.

21(2) Submission of the electronic report specified in paragraph
22(1) to the department shall fully satisfy the requirements of
23subdivision (a) and subdivision (a) of Section 5901 with respect
24to the dealer selling at auction and the dealer conducting the
25auction.

26(3) The electronic report required by this subdivision does not
27relieve a dealer of any obligation or responsibility that is required
28by any other law.

29(c) A vehicle displaying a report-of-sale form or temporary
30license plate issued pursuant to paragraph (8) of subdivision (a)
31may be operated without license plates until either of the following,
32whichever occurs first:

33(1) The license plates and registration card are received by the
34purchaser.

35(2) A 90-day period, commencing with the date of sale of the
36vehicle, has expired.

37(d) This section shall become operative January 1, 2018.

end insert
38begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 4456.2 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to read:end insert

begin insert
39

begin insert4456.2.end insert  

(a) The department shall develop a system for dealers
40and lessor-retailers to electronically report the sale of a vehicle
P8    1before the vehicle is delivered to the purchaser. At minimum, the
2system shall conform with the following conditions:

3(1) The system shall provide a licensed dealer with the forms
4for use as prescribed in subdivision (a) of Section 4456.

5(2) For a vehicle that does not already display license plates,
6the system shall also produce a temporary license plate to be used
7and displayed in lieu of license plates, pursuant to subdivision (c)
8of Section 4456. The temporary license plate shall display the
9report-of-sale number, expiration date, and any other information
10deemed necessary by the department.

11(3) The dealer reporting system shall assign each transaction
12a unique report-of-sale number that will be displayed on the
13report-of-sale forms and any temporary license plate.

14(4) The system shall record the vehicle identification number,
15vehicle year, model, and make, name of dealer or lessor-retailer,
16purchaser name, and any other information deemed necessary by
17the department.

18(b) Access to the dealer reporting system shall be restricted to
19authorized users of the department’s vehicle registration and
20occupational licensing databases.

21(c) The department shall make the dealer reporting system
22operational for use no later than January 1, 2018.

end insert
23begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 4462 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to read:end insert

24

4462.  

(a) The driver of a motor vehicle shall present the
25registration or identification card or other evidence of registration
26of any or all vehicles under his or her immediate control for
27examination upon demand of any peace officer.

28(b) begin deleteNo end deletebegin insertA end insertperson shallbegin insert notend insert display upon a vehicle, nor present to
29any peace officer, any registration card, identification card,
30temporary receipt, license plate, device issued pursuant to Section
314853, or permit not issued for that vehicle or not otherwise lawfully
32used thereon under this code.

begin delete

33(c) This section shall become operative on January 1, 2001.

end delete
begin insert

34(c) This section shall remain in effect only until January 1, 2018,
35and as of that date is repealed, unless a later enacted statute, that
36is enacted before January 1, 2018, deletes or extends that date.

end insert
37begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 4462 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to read:end insert

begin insert
38

begin insert4462.end insert  

(a) The driver of a motor vehicle shall present the
39registration or identification card or other evidence of registration
P9    1of any or all vehicles under his or her immediate control for
2examination upon demand of any peace officer.

3(b) A person shall not display upon a vehicle, nor present to
4any peace officer, any registration card, identification card,
5temporary receipt, license plate, temporary license plate, device
6issued pursuant to Section 4853, or permit not issued for that
7vehicle or not otherwise lawfully used thereon under this code.

8(c) This section shall become operative January 1, 2018.

end insert
9begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 4463 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to read:end insert

10

4463.  

(a) A person who, with intent to prejudice, damage, or
11defraud, commits any of the following acts is guilty of a felony
12and upon conviction thereof shall be punished by imprisonment
13pursuant to subdivision (h) of Section 1170 of the Penal Code for
1416 months or two or three years, or by imprisonment in a county
15jail for not more than one year:

16(1) Alters, forges, counterfeits, or falsifies a certificate of
17ownership, registration card, certificate, license, license plate,
18device issued pursuant to Section 4853, special plate, or permit
19provided for by this code or a comparable certificate of ownership,
20registration card, certificate, license, license plate, device
21comparable to that issued pursuant to Section 4853, special plate,
22or permit provided for by a foreign jurisdiction, or alters, forges,
23counterfeits, or falsifies the document, device, or plate with intent
24to represent it as issued by the department, or alters, forges,
25counterfeits, or falsifies with fraudulent intent an endorsement of
26transfer on a certificate of ownership or other document evidencing
27ownership, or with fraudulent intent displays or causes or permits
28to be displayed or have in his or her possession a blank, incomplete,
29canceled, suspended, revoked, altered, forged, counterfeit, or false
30certificate of ownership, registration card, certificate, license,
31license plate, device issued pursuant to Section 4853, special plate,
32or permit.

33(2) Utters, publishes, passes, or attempts to pass, as true and
34genuine, a false, altered, forged, or counterfeited matter listed in
35paragraph (1) knowing it to be false, altered, forged, or
36counterfeited.

37(b) A person who, with intent to prejudice, damage, or defraud,
38commits any of the following acts is guilty of a misdemeanor, and
39upon conviction thereof shall be punished by imprisonment in a
40county jail for six months, a fine of not less than five hundred
P10   1dollars ($500) and not more than one thousand dollars ($1,000),
2or both that fine and imprisonment, which penalty shall not be
3suspended:

4(1) Forges, counterfeits, or falsifies a disabled person placard
5or a comparable placard relating to parking privileges for disabled
6persons provided for by a foreign jurisdiction, or forges,
7counterfeits, or falsifies a disabled person placard with intent to
8represent it as issued by the department.

9(2) Passes, or attempts to pass, as true and genuine, a false,
10forged, or counterfeit disabled person placard knowing it to be
11false, forged, or counterfeited.

12(3) Acquires, possesses, sells, or offers for sale a genuine or
13counterfeit disabled person placard.

14(c) A person who, with fraudulent intent, displays or causes or
15permits to be displayed a forged, counterfeit, or false disabled
16person placard, is subject to the issuance of a notice of parking
17violation imposing a civil penalty of not less than two hundred
18fifty dollars ($250) and not more than one thousand dollars
19($1,000), for which enforcement shall be governed by the
20procedures set forth in Article 3 (commencing with Section 40200)
21of Chapter 1 of Division 17 or is guilty of a misdemeanor
22punishable by imprisonment in a county jail for six months, a fine
23of not less than two hundred fifty dollars ($250) and not more than
24one thousand dollars ($1,000), or both that fine and imprisonment,
25which penalty shall not be suspended.

26(d) For purposes of subdivision (b) or (c), “disabled person
27placard” means a placard issued pursuant to Section 22511.55 or
2822511.59.

29(e) A person who, with intent to prejudice, damage, or defraud,
30commits any of the following acts is guilty of an infraction, and
31upon conviction thereof shall be punished by a fine of not less than
32one hundred dollars ($100) and not more than two hundred fifty
33dollars ($250) for a first offense, not less than two hundred fifty
34dollars ($250) and not more than five hundred dollars ($500) for
35a second offense, and not less than five hundred dollars ($500)
36and not more than one thousand dollars ($1,000) for a third or
37subsequent offense, which penalty shall not be suspended:

38(1) Forges, counterfeits, or falsifies a Clean Air Sticker or a
39comparable clean air sticker relating to high occupancy vehicle
40lane privileges provided for by a foreign jurisdiction, or forges,
P11   1counterfeits, or falsifies a Clean Air Sticker with intent to represent
2it as issued by the department.

3(2) Passes, or attempts to pass, as true and genuine, a false,
4forged, or counterfeit Clean Air Sticker knowing it to be false,
5forged, or counterfeited.

6(3) Acquires, possesses, sells, or offers for sale a counterfeit
7Clean Air Sticker.

8(4) Acquires, possesses, sells, or offers for sale a genuine Clean
9Air Sticker separate from the vehicle for which the department
10issued that sticker.

11(f) As used in this section, “Clean Air Sticker” means a label
12or decal issued pursuant to Sections 5205.5 and 21655.9.

begin insert

13(g) This section shall remain in effect only until January 1, 2018,
14and as of that date is repealed, unless a later enacted statute, that
15is enacted before January 1, 2018, deletes or extends that date.

end insert
16begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 4463 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to read:end insert

begin insert
17

begin insert4463.end insert  

(a) A person who, with intent to prejudice, damage, or
18defraud, commits any of the following acts is guilty of a felony and
19upon conviction thereof shall be punished by imprisonment
20pursuant to subdivision (h) of Section 1170 of the Penal Code for
2116 months or two or three years, or by imprisonment in a county
22jail for not more than one year:

23(1) Alters, forges, counterfeits, or falsifies a certificate of
24ownership, registration card, certificate, license, license plate,
25temporary license plate, device issued pursuant to Section 4853,
26special plate, or permit provided for by this code or a comparable
27certificate of ownership, registration card, certificate, license,
28license plate, temporary license plate, device comparable to that
29issued pursuant to Section 4853, special plate, or permit provided
30for by a foreign jurisdiction, or alters, forges, counterfeits, or
31falsifies the document, device, or plate with intent to represent it
32as issued by the department, or alters, forges, counterfeits, or
33falsifies with fraudulent intent an endorsement of transfer on a
34certificate of ownership or other document evidencing ownership,
35or with fraudulent intent displays or causes or permits to be
36displayed or have in his or her possession a blank, incomplete,
37canceled, suspended, revoked, altered, forged, counterfeit, or false
38certificate of ownership, registration card, certificate, license,
39license plate, temporary license plate, device issued pursuant to
40Section 4853, special plate, or permit.

P12   1(2) Utters, publishes, passes, or attempts to pass, as true and
2genuine, a false, altered, forged, or counterfeited matter listed in
3paragraph (1) knowing it to be false, altered, forged, or
4counterfeited.

5(b) A person who, with intent to prejudice, damage, or defraud,
6commits any of the following acts is guilty of a misdemeanor, and
7upon conviction thereof shall be punished by imprisonment in a
8county jail for six months, a fine of not less than five hundred
9dollars ($500) and not more than one thousand dollars ($1,000),
10or both that fine and imprisonment, which penalty shall not be
11suspended:

12(1) Forges, counterfeits, or falsifies a disabled person placard
13or a comparable placard relating to parking privileges for disabled
14persons provided for by a foreign jurisdiction, or forges,
15counterfeits, or falsifies a disabled person placard with intent to
16represent it as issued by the department.

17(2) Passes, or attempts to pass, as true and genuine, a false,
18forged, or counterfeit disabled person placard knowing it to be
19false, forged, or counterfeited.

20(3) Acquires, possesses, sells, or offers for sale a genuine or
21counterfeit disabled person placard.

22(c) A person who, with fraudulent intent, displays or causes or
23permits to be displayed a forged, counterfeit, or false disabled
24person placard, is subject to the issuance of a notice of parking
25violation imposing a civil penalty of not less than two hundred
26fifty dollars ($250) and not more than one thousand dollars
27($1,000), for which enforcement shall be governed by the
28procedures set forth in Article 3 (commencing with Section 40200)
29of Chapter 1 of Division 17, or is guilty of a misdemeanor
30punishable by imprisonment in a county jail for six months, a fine
31of not less than two hundred fifty dollars ($250) and not more than
32one thousand dollars ($1,000), or both that fine and imprisonment,
33which penalty shall not be suspended.

34(d) For purposes of subdivision (b) or (c), “disabled person
35placard” means a placard issued pursuant to Section 22511.55
36or 22511.59.

37(e) A person who, with intent to prejudice, damage, or defraud,
38commits any of the following acts is guilty of an infraction, and
39upon conviction thereof shall be punished by a fine of not less than
40one hundred dollars ($100) and not more than two hundred fifty
P13   1dollars ($250) for a first offense, not less than two hundred fifty
2dollars ($250) and not more than five hundred dollars ($500) for
3a second offense, and not less than five hundred dollars ($500)
4and not more than one thousand dollars ($1,000) for a third or
5subsequent offense, which penalty shall not be suspended:

6(1) Forges, counterfeits, or falsifies a Clean Air Sticker or a
7comparable clean air sticker relating to high-occupancy vehicle
8lane privileges provided for by a foreign jurisdiction, or forges,
9counterfeits, or falsifies a Clean Air Sticker with intent to represent
10it as issued by the department.

11(2) Passes, or attempts to pass, as true and genuine, a false,
12forged, or counterfeit Clean Air Sticker knowing it to be false,
13forged, or counterfeited.

14(3) Acquires, possesses, sells, or offers for sale a counterfeit
15Clean Air Sticker.

16(4) Acquires, possesses, sells, or offers for sale a genuine Clean
17Air Sticker separate from the vehicle for which the department
18issued that sticker.

19(f) As used in this section, “Clean Air Sticker” means a label
20or decal issued pursuant to Sections 5205.5 and 21655.9.

21(g) This section shall become operative January 1, 2018.

end insert
22begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 4763 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to read:end insert

23

4763.  

begin insert(a)end insertbegin insertend insertThe department shall assess a fee for the recording
24of the notice of delinquent parking violation, which is given to the
25departmentbegin insert by a processing agencyend insert pursuant to Section 40220, in
26an amount, as determined by the department, that is sufficient to
27provide a total amount equal to its actual costs of administering
28Sections 4760, 4761, 4762, 4764, and 4765.

begin insert

29(b) This section shall remain in effect only until January 1, 2017,
30and as of that date is repealed, unless a later enacted statute, that
31is enacted before January 1, 2017, deletes or extends that date.

end insert
32begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 4763 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to read:end insert

begin insert
33

begin insert4763.end insert  

(a) The department shall assess a fee for the recording
34of the notice of delinquent parking violation, which is given to the
35department by a processing agency pursuant to Section 40220, in
36an amount, as determined by the department, that is sufficient to
37provide a total amount equal to its actual costs of administering
38Sections 4760, 4761, 4762, 4764, and 4765, and administering
39the system described in Section 4456.2.

40(b) This section shall become operative January 1, 2017.

end insert
P14   1begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 4773 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to read:end insert

2

4773.  

begin insert(a)end insertbegin insertend insertThe department shall assess a fee for the recording
3of the notice of delinquent toll evasion violation, which is given
4to the departmentbegin insert by a processing agencyend insert pursuant to Section
540267, in an amount, as determined by the department, that is
6sufficient to provide a total amount equal to at least its actual costs
7of administering Sections 4770, 4771, 4774, and 4775.

begin insert

8(b) This section shall remain in effect only until January 1, 2017,
9and as of that date is repealed, unless a later enacted statute, that
10is enacted before January 1, 2017, deletes or extends that date.

end insert
11begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 4773 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to read:end insert

begin insert
12

begin insert4773.end insert  

(a) The department shall assess a fee for the recording
13of the notice of delinquent toll evasion violation, which is given
14to the department by a processing agency pursuant to Section
1540267, in an amount, as determined by the department, that is
16sufficient to provide a total amount equal to at least its actual costs
17of administering Sections 4770, 4771, 4774, and 4775, and
18administering the system described in Section 4456.2.

19(b) This section shall become operative January 1, 2017.

end insert
20begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 5201 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to read:end insert

21

5201.  

(a) License plates shall at all times be securely fastened
22to the vehicle for which they are issued so as to prevent the plates
23from swinging, shall be mounted in a position so as to be clearly
24visible, and so that the characters are upright and display from left
25to right, and shall be maintained in a condition so as to be clearly
26legible. The rear license plate shall be mounted not less than 12
27inches nor more than 60 inches from the ground, and the front
28license plate shall be mounted not more than 60 inches from the
29ground, except as follows:

30(1) The rear license plate on a tow truck or repossessor’s tow
31vehicle may be mounted on the left-hand side of the mast assembly
32at the rear of the cab of the vehicle, not less than 12 inches nor
33more than 90 inches from the ground.

34(2) The rear license plate on a tank vehicle hauling hazardous
35waste, as defined in Section 25117 of the Health and Safety Code,
36or asphalt material may be mounted not less than 12 inches nor
37more than 90 inches from the ground.

38(3) The rear license plate on a truck tractor may be mounted at
39the rear of the cab of the vehicle, but not less than 12 inches nor
40more than 90 inches from the ground.

P15   1(4) The rear license plate of a vehicle designed by the
2manufacturer for the collection and transportation of garbage,
3rubbish, or refuse that is used regularly for the collection and
4transportation of that material by a person or governmental entity
5employed to collect, transport, and dispose of garbage, rubbish,
6or refuse may be mounted not less than 12 inches nor more than
790 inches from the ground.

8(5) The rear license plate on a two-axle livestock trailer may be
9mounted 12 inches or more, but not more than 90 inches, from the
10ground.

11(6) (A) The rear license plate on a dump bed motortruck
12equipped with a trailing, load bearing swing axle shall be mounted
13more than 12 inches, but not more than 107 inches, from the
14ground.

15(B) As used in this section, a trailing, load bearing swing axle
16is an axle which can be moved from a raised position to a position
17behind the vehicle that allows for the transfer of a portion of the
18weight of the vehicle and load to the trailing axle.

19(b) A covering shall not be used on license plates except as
20follows:

21(1) The installation of a cover over a lawfully parked vehicle
22to protect it from the weather and the elements does not constitute
23a violation of this subdivision. A peace officer or other regularly
24salaried employee of a public agency designated to enforce laws,
25including local ordinances, relating to the parking of vehicles may
26temporarily remove so much of the cover as is necessary to inspect
27any license plate, tab, or indicia of registration on a vehicle.

28(2) The installation of a license plate security cover is not a
29violation of this subdivision if the device does not obstruct or
30impair the recognition of the license plate information, including,
31but not limited to, the issuing state, license plate number, and
32registration tabs, and the cover is limited to the area directly over
33the top of the registration tabs. No portion of a license plate security
34cover shall rest over the license plate number.

35(c) A casing, shield, frame, border, product, or other device that
36obstructs or impairs the reading or recognition of a license plate
37by an electronic device operated by state or local law enforcement,
38an electronic device operated in connection with a toll road,
39high-occupancy toll lane, toll bridge, or other toll facility, or a
40remote emission sensing device, as specified in Sections 44081
P16   1and 44081.6 of the Health and Safety Code, shall not be installed
2on, or affixed to, a vehicle.

3(d) (1) It is the intent of the Legislature that an accommodation
4be made to persons with disabilities and to those persons who
5regularly transport persons with disabilities, to allow the removal
6and relocation of wheelchair lifts and wheelchair carriers without
7the necessity of removing and reattaching the vehicle’s rear license
8plate. Therefore, it is not a violation of this section if the reading
9or recognition of a rear license plate is obstructed or impaired by
10a wheelchair lift or wheelchair carrier and all of the following
11requirements are met:

12(A) The owner of the vehicle has been issued a special
13identification license plate pursuant to Section 5007, or the person
14using the wheelchair that is carried on the vehicle has been issued
15a distinguishing placard under Section 22511.55.

16(B) (i) The operator of the vehicle displays a decal, designed
17and issued by the department, that contains the license plate number
18assigned to the vehicle transporting the wheelchair.

19(ii) The decal is displayed on the rear window of the vehicle,
20in a location determined by the department, in consultation with
21the Department of the California Highway Patrol, so as to be clearly
22visible to law enforcement.

23(2) Notwithstanding any other law, if a decal is displayed
24pursuant to this subdivision, the requirements of this code that
25require the illumination of the license plate and the license plate
26number do not apply.

27(3) The department shall adopt regulations governing the
28procedures for accepting and approving applications for decals,
29and issuing decals, authorized by this subdivision.

30(4) This subdivision does not apply to a front license plate.

begin insert

31(e) This section shall remain in effect only until January 1, 2018,
32and as of that date is repealed, unless a later enacted statute, that
33is enacted before January 1, 2018, deletes or extends that date.

end insert
34begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 5201 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to read:end insert

begin insert
35

begin insert5201.end insert  

(a) License plates, including temporary license plates,
36shall at all times be securely fastened to the vehicle for which they
37are issued so as to prevent the plates from swinging, shall be
38mounted in a position so as to be clearly visible, and so that the
39characters are upright and display from left to right, and shall be
40maintained in a condition so as to be clearly legible. The rear
P17   1license plate shall be mounted not less than 12 inches nor more
2than 60 inches from the ground, and the front license plate shall
3be mounted not more than 60 inches from the ground, except as
4follows:

5(1) The rear license plate on a tow truck or repossessor’s tow
6vehicle may be mounted on the left-hand side of the mast assembly
7at the rear of the cab of the vehicle, not less than 12 inches nor
8more than 90 inches from the ground.

9(2) The rear license plate on a tank vehicle hauling hazardous
10waste, as defined in Section 25117 of the Health and Safety Code,
11or asphalt material may be mounted not less than 12 inches nor
12more than 90 inches from the ground.

13(3) The rear license plate on a truck tractor may be mounted
14at the rear of the cab of the vehicle, but not less than 12 inches
15nor more than 90 inches from the ground.

16(4) The rear license plate of a vehicle designed by the
17manufacturer for the collection and transportation of garbage,
18rubbish, or refuse that is used regularly for the collection and
19transportation of that material by a person or governmental entity
20employed to collect, transport, and dispose of garbage, rubbish,
21or refuse may be mounted not less than 12 inches nor more than
2290 inches from the ground.

23(5) The rear license plate on a two-axle livestock trailer may
24be mounted 12 inches or more, but not more than 90 inches, from
25the ground.

26(6) (A) The rear license plate on a dump bed motortruck
27equipped with a trailing, load bearing swing axle shall be mounted
28more than 12 inches, but not more than 107 inches, from the
29ground.

30(B) As used in this section, a trailing, load bearing swing axle
31is an axle which can be moved from a raised position to a position
32behind the vehicle that allows for the transfer of a portion of the
33weight of the vehicle and load to the trailing axle.

34(b) Temporary license plates shall be replaced with permanent
35license plates upon receipt of the permanent license plates, and
36the temporary license plates shall be destroyed at that time.

37(c) A covering shall not be used on license plates except as
38follows:

39(1) The installation of a cover over a lawfully parked vehicle
40to protect it from the weather and the elements does not constitute
P18   1a violation of this subdivision. A peace officer or other regularly
2salaried employee of a public agency designated to enforce laws,
3including local ordinances, relating to the parking of vehicles may
4temporarily remove so much of the cover as is necessary to inspect
5any license plate, tab, or indicia of registration on a vehicle.

6(2) The installation of a license plate security cover is not a
7violation of this subdivision if the device does not obstruct or
8impair the recognition of the license plate information, including,
9but not limited to, the issuing state, license plate number, and
10registration tabs, and the cover is limited to the area directly over
11the top of the registration tabs. No portion of a license plate
12security cover shall rest over the license plate number.

13(d) A casing, shield, frame, border, product, or other device
14that obstructs or impairs the reading or recognition of a license
15plate by an electronic device operated by state or local law
16enforcement, an electronic device operated in connection with a
17toll road, high-occupancy toll lane, toll bridge, or other toll facility,
18or a remote emission sensing device, as specified in Sections 44081
19and 44081.6 of the Health and Safety Code, shall not be installed
20on, or affixed to, a vehicle.

21(e) (1) It is the intent of the Legislature that an accommodation
22be made to persons with disabilities and to those persons who
23regularly transport persons with disabilities, to allow the removal
24and relocation of wheelchair lifts and wheelchair carriers without
25the necessity of removing and reattaching the vehicle’s rear license
26plate. Therefore, it is not a violation of this section if the reading
27or recognition of a rear license plate is obstructed or impaired by
28a wheelchair lift or wheelchair carrier and all of the following
29requirements are met:

30(A) The owner of the vehicle has been issued a special
31identification license plate pursuant to Section 5007, or the person
32using the wheelchair that is carried on the vehicle has been issued
33a distinguishing placard under Section 22511.55.

34(B) (i) The operator of the vehicle displays a decal, designed
35and issued by the department, that contains the license plate
36number assigned to the vehicle transporting the wheelchair.

37(ii) The decal is displayed on the rear window of the vehicle, in
38a location determined by the department, in consultation with the
39Department of the California Highway Patrol, so as to be clearly
40visible to law enforcement.

P19   1(2) Notwithstanding any other law, if a decal is displayed
2pursuant to this subdivision, the requirements of this code that
3require the illumination of the license plate and the license plate
4number do not apply.

5(3) The department shall adopt regulations governing the
6procedures for accepting and approving applications for decals,
7and issuing decals, authorized by this subdivision.

8(4) This subdivision does not apply to a front license plate.

9(f) This section shall become operative January 1, 2018.

end insert
10begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 5202 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to read:end insert

11

5202.  

(a) A license plate issued by this state or any other
12jurisdiction within or without the United States shall be attached
13upon receipt and remain attached during the period of its validity
14to the vehicle for which it is issued while being operated within
15this state or during the time the vehicle is being held for sale in
16this state, or until the time that a vehicle with special or
17identification plates is no longer entitled to those plates; and a
18person shall not operate, and an owner shall not knowingly permit
19to be operated, upon any highway, a vehicle unless the license
20plate is so attached. A special permit issued in lieu of plates shall
21be attached and displayed on the vehicle for which the permit was
22issued during the period of the permit’s validity..

begin delete

23(b) This section shall become operative on July 1, 2012.

end delete
begin insert

24(b) This section shall remain in effect only until January 1, 2018,
25and as of that date is repealed, unless a later enacted statute, that
26is enacted before January 1, 2018, deletes or extends that date.

end insert
27begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 5202 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to read:end insert

begin insert
28

begin insert5202.end insert  

(a) A license plate issued by this state or any other
29jurisdiction within or without the United States shall be attached
30upon receipt and remain attached during the period of its validity
31to the vehicle for which it is issued while being operated within
32this state or during the time the vehicle is being held for sale in
33this state, or until the time that a vehicle with special or
34identification plates is no longer entitled to those plates; and a
35person shall not operate, and an owner shall not knowingly permit
36to be operated, upon any highway, a vehicle unless the license
37plate is so attached. A special permit or temporary license plate
38issued in lieu of permanent license plates shall be attached and
39displayed on the vehicle for which the permit or temporary license
40plate was issued until the temporary license plate or the special
P20   1permit expires, or the permanent license plates are received,
2whichever occurs first.

3(b) This section shall become operative January 1, 2018.

end insert
4begin insert

begin insertSEC. 16.end insert  

end insert

begin insertSection 5901 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to read:end insert

5

5901.  

(a) Every dealer or lessor-retailer, upon transferring by
6sale, lease, or otherwise any vehicle, whether new or used, of a
7type subject to registration under this code, shall, not later than
8the end of the fifth calendar day thereafter not counting the day of
9sale, give written notice of the transfer to the department at its
10headquarters upon an appropriate form provided by it.

11(b) Except as otherwise provided in this subdivision or in
12subdivision (c), the dealer or lessor-retailer shall enter on the form
13and pursuant to Section 32705(a) of Title 49 of the United States
14Code, on the ownership certificate, the actual mileage of the vehicle
15as indicated by the vehicle’s odometer at the time of the transfer.
16However, if the vehicle dealer or lessor-retailer has knowledge
17that the mileage displayed on the odometer is incorrect, the licensee
18shall indicate on the form on which the mileage is entered that the
19mileage registered by the odometer is incorrect. A vehicle dealer
20or lessor-retailer need not give the notice when selling or
21transferring a new unregistered vehicle to a dealer or lessor-retailer.

22(c) When the dealer or lessor-retailer is not in possession of the
23vehicle that is sold or transferred, the person in physical possession
24of the vehicle shall give the information required by subdivision
25(b).

26(d) A sale is deemed completed and consummated when the
27purchaser of the vehicle has paid the purchase price, or, in lieu
28thereof, has signed a purchase contract or security agreement, and
29has taken physical possession or delivery of the vehicle.

begin insert

30(e) This section shall remain in effect only until January 1, 2018,
31and as of that date is repealed, unless a later enacted statute, that
32is enacted before January 1, 2018, deletes or extends that date.

end insert
33begin insert

begin insertSEC. 17.end insert  

end insert

begin insertSection 5901 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to read:end insert

begin insert
34

begin insert5901.end insert  

(a) Every dealer or lessor-retailer, upon transferring
35by sale, lease, or otherwise any vehicle, whether new or used, of
36a type subject to registration under this code, shall, not later than
37the end of the fifth calendar day thereafter not counting the day
38of sale, give notice of the transfer to the department electronically
39in a manner approved by the department.

P21   1(b) Except as otherwise provided in this subdivision or in
2subdivision (c), the dealer or lessor-retailer shall enter on the form
3and pursuant to Section 32705(a) of Title 49 of the United States
4Code, on the ownership certificate, the actual mileage of the vehicle
5as indicated by the vehicle’s odometer at the time of the transfer.
6However, if the vehicle dealer or lessor-retailer has knowledge
7that the mileage displayed on the odometer is incorrect, the
8licensee shall indicate on the form on which the mileage is entered
9that the mileage registered by the odometer is incorrect. A vehicle
10dealer or lessor-retailer need not give the notice when selling or
11transferring a new unregistered vehicle to a dealer or
12lessor-retailer.

13(c) When the dealer or lessor-retailer is not in possession of the
14vehicle that is sold or transferred, the person in physical possession
15of the vehicle shall give the information required by subdivision
16(b).

17(d) A sale is deemed completed and consummated when the
18purchaser of the vehicle has paid the purchase price, or, in lieu
19thereof, has signed a purchase contract or security agreement,
20and has taken physical possession or delivery of the vehicle.

21(e) This section shall become operative January 1, 2018.

end insert
22begin insert

begin insertSEC. 18.end insert  

end insert

begin insertSection 6100 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to read:end insert

23

6100.  

begin insert(a)end insertbegin insertend insertA dealer who conducts a wholesale motor vehicle
24auction and who uses the form prescribed in subdivision (b) of
25Section 4456 shall include the phrase “SOLD THROUGH [name
26of dealer conducting the auction]” and the date of the auction on
27the certificate of title of every vehicle sold, in a manner prescribed
28by the department.

begin insert

29(b) This section shall remain in effect only until January 1, 2018,
30and as of that date is repealed, unless a later enacted statute, that
31is enacted before January 1, 2018, deletes or extends that date.

end insert
32begin insert

begin insertSEC. 19.end insert  

end insert

begin insertSection 6100 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to read:end insert

begin insert
33

begin insert6100.end insert  

(a) A dealer who conducts a wholesale motor vehicle
34auction and reports the sale of the vehicle in the manner prescribed
35in subdivision (b) of Section 4456 shall include the phrase “SOLD
36THROUGH [name of dealer conducting the auction]” and the
37date of the auction on the certificate of title of every vehicle sold,
38in a manner prescribed by the department.

39(b) This section shall become operative January 1, 2018.

end insert
P22   1begin insert

begin insertSEC. 20.end insert  

end insert

begin insertSection 11714 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
2read:end insert

3

11714.  

(a) The department, upon granting a license, shall issue
4to the applicant a license containing the applicant’s name and
5address and the general distinguishing number assigned to the
6applicant.

7(b) A dealer shall not sell any vehicle at retail at a location that
8is not posted pursuant to Section 11709.

9(c) A dealer who is authorized by the department to sell motor
10vehicles only at wholesale shall not sell any vehicle at retail and
11shall report every sale to the department on the wholesale report
12of sale form prescribed by the department..

13(d) When the department has issued a license pursuant to
14 subdivision (a), the licensee may apply for and the department
15shall issue special plates which shall have displayed thereon the
16general distinguishing number assigned to the applicant. Each plate
17so issued shall also contain a number or symbol identifying the
18plate from every other plate bearing a like general distinguishing
19number.

20(e) The department shall also furnish books and forms as it may
21determine necessary.begin delete Suchend deletebegin insert Thoseend insert books and forms are and shall
22remain the property of the department and may be taken up at any
23time for inspection.

begin insert

24(f) This section shall remain in effect only until January 1, 2018,
25and as of that date is repealed, unless a later enacted statute, that
26is enacted before January 1, 2018, deletes or extends that date.

end insert
27begin insert

begin insertSEC. 21.end insert  

end insert

begin insertSection 11714 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to read:end insert

begin insert
28

begin insert11714.end insert  

(a) The department, upon granting a license, shall
29issue to the applicant a license containing the applicant’s name
30and address and the general distinguishing number assigned to
31the applicant.

32(b) A dealer shall not sell any vehicle at retail at a location that
33is not posted pursuant to Section 11709.

34(c) A dealer who is authorized by the department to sell motor
35vehicles only at wholesale shall not sell any vehicle at retail and
36shall report every sale to the department as prescribed in
37subdivision (b) of Section 4456.

38(d) When the department has issued a license pursuant to
39subdivision (a), the licensee may apply for and the department
40shall issue special plates which shall have displayed thereon the
P23   1general distinguishing number assigned to the applicant. Each
2plate so issued shall also contain a number or symbol identifying
3the plate from every other plate bearing a like general
4distinguishing number.

5(e) The department shall also furnish books and forms as it may
6determine necessary. Those books and forms are and shall remain
7the property of the department and may be taken up at any time
8for inspection.

9(f) This section shall become operative January 1, 2018.

end insert
10begin insert

begin insertSEC. 22.end insert  

end insert

begin insertSection 38080 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
11read:end insert

12

38080.  

(a) The department may authorize, under Section 4456,
13dealers licensed under Article 1 (commencing with Section 11700)
14of Chapter 4 of Division 5 to use numbered copies of the
15report-of-sale form and corresponding temporary identification
16devices upon off-highway motor vehicles subject to identification
17that they sell.

18(b) Off-highway motor vehicles subject to identification that
19are purchased from dealers not required to be licensed under Article
201 (commencing with Section 11700) of Chapter 4 of Division 5,
21or that are specially constructed by the owner or owners, may be
22operated off-highway, as provided by this division, without an
23identification plate or device or identification certificate, provided
24a receipt or other suitable device issued by the department is
25displayed upon the vehicle evidencing an application has been
26made and appropriate fees paid pursuant to this division, until the
27identification plate or device and identification certificate are
28received from the department.

begin insert

29(c) This section shall remain in effect only until January 1, 2018,
30and as of that date is repealed, unless a later enacted statute, that
31is enacted before January 1, 2018, deletes or extends that date.

end insert
32begin insert

begin insertSEC. 23.end insert  

end insert

begin insertSection 38080 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to read:end insert

begin insert
33

begin insert38080.end insert  

(a) The department may authorize, under Section 4456,
34dealers licensed under Article 1 (commencing with Section 11700)
35of Chapter 4 of Division 5 to use the process described in Section
364456 and corresponding temporary identification devices upon
37off-highway motor vehicles subject to identification that they sell.

38(b) Off-highway motor vehicles subject to identification that
39are purchased from dealers not required to be licensed under
40Article 1 (commencing with Section 11700) of Chapter 4 of
P24   1Division 5, or that are specially constructed by the owner or
2owners, may be operated off-highway, as provided by this division,
3without an identification plate or device or identification
4certificate, provided a receipt or other suitable device issued by
5the department is displayed upon the vehicle evidencing an
6application has been made and appropriate fees paid pursuant to
7this division, until the identification plate or device and
8identification certificate are received from the department.

9(c) This section shall become operative January 1, 2018.

end insert
10begin insert

begin insertSEC. 24.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant
11to Section 6 of Article XIII B of the California Constitution because
12the only costs that may be incurred by a local agency or school
13district will be incurred because this act creates a new crime or
14infraction, eliminates a crime or infraction, or changes the penalty
15for a crime or infraction, within the meaning of Section 17556 of
16the Government Code, or changes the definition of a crime within
17the meaning of Section 6 of Article XIII B of the California
18Constitution.

end insert
begin delete
19

SECTION 1.  

Section 1685 of the Vehicle Code is amended to
20read:

21

1685.  

(a) In order to continue improving the quality of products
22and services it provides to its customers, the department, in
23conformance with Article 4 (commencing with Section 19130) of
24Chapter 5 of Part 2 of Division 5 of Title 2 of the Government
25Code, may establish contracts for electronic programs that allow
26qualified private industry partners to join the department in
27providing services that include processing and payment programs
28for vehicle registration and titling transactions.

29(b) (1) The department may enter into contractual agreements
30with qualified private industry partners. There are the following
31three types of private industry partnerships authorized under this
32section:

33(A) First-line business partner is an industry partner that receives
34data directly from the department and uses it to complete
35registration and titling activities for that partner’s own business
36purposes.

37(B) First-line service provider is an industry partner that receives
38information from the department and then transmits it to another
39authorized industry partner.

P25   1(C) Second-line business partner is a partner that receives
2information from a first-line service provider.

3(2) The private industry partner contractual agreements shall
4include the following minimum requirements:

5(A) Filing of an application and payment of an application fee,
6as established by the department.

7(B) Submission of information, including, but not limited to,
8fingerprints and personal history statements, focusing on and
9concerning the applicant’s character, honesty, integrity, and
10reputation as the department may consider necessary.

11(C) Posting a bond in an amount consistent with Section 1815.

12(3) The department shall, through regulations, establish any
13additional requirements for the purpose of safeguarding privacy
14and protecting the information authorized for release under this
15section.

16(c) The director may establish, through the adoption of
17regulations, the maximum amount that a qualified private industry
18partner may charge its customers in providing the services
19authorized under subdivision (a).

20(d) (1) The department shall charge a three-dollar ($3)
21transaction fee for the information and services provided under
22subdivision (a). The private industry partner may pass the
23transaction fee to the customer, but the total charge to a customer
24may not exceed the amount established by the director under
25subdivision (c).

26(2) Commencing on January 1, 2017, the first-line service
27provider shall charge a two-dollar ($2) transaction fee for
28temporary license plates processed pursuant to subdivision (a) of
29Section 1686. The private industry partner may pass the transaction
30fee to the customer.

31(e) All fees collected by the department pursuant to subdivision
32(d) shall be deposited in the Motor Vehicle Account. On January
331 of each year, the department shall adjust the fee in accordance
34with the California Consumer Price Index. The amount of the fee
35shall be rounded to the nearest whole dollar, with amounts equal
36to, or greater than, fifty cents ($0.50) rounded to the next highest
37whole dollar.

38(f) The department shall adopt regulations and procedures that
39ensure adequate oversight and monitoring of qualified private
40industry partners to protect vehicle owners from the improper use
P26   1of vehicle records. These regulations and procedures shall include
2provisions for qualified private industry partners to periodically
3submit records to the department, and the department shall review
4those records as necessary. The regulations shall also include
5provisions for the dedication of department resources to program
6monitoring and oversight; the protection of confidential records
7in the department’s files and databases; and the duration and nature
8of the contracts with qualified private industry partners.

9(g) The department shall, annually, by October 1, provide a
10report to the Legislature that shall include all of the following
11information gathered during the fiscal year immediately preceding
12the report date:

13(1) Listing of all qualified private industry partners, including
14names and business addresses.

15(2) Volume of transactions, by type, completed by business
16partners.

17(3) Total amount of funds, by transaction type, collected by
18business partners.

19(4) Total amount of funds received by the department.

20(5) Description of any fraudulent activities identified by the
21department.

22(6) Evaluation of the benefits of the program.

23(7) Recommendations for any administrative or statutory
24changes that may be needed to improve the program.

25(h) Nothing in this section impairs or limits the authority
26provided in Section 4610 or Section 12155 of the Insurance Code.

27

SEC. 2.  

Section 1686 is added to the Vehicle Code, to read:

28

1686.  

(a) The department shall develop, or contract with a
29private industry partner for the development of, a temporary license
30plate system that shall begin operating on January 1, 2017. The
31system shall enable the department, vehicle dealers that are private
32industry partners under Section 1685, and first-line service
33providers to provide temporary license plates at the time of sale
34of a vehicle. The system shall provide electronic access to
35information identifying the vehicle and its owner only to those
36entities authorized to access the state’s vehicle registration system.

37(b) For purposes of this section, “first-line service provider”
38has the same meaning as defined in Section 1685.

39

SEC. 3.  

Section 4456 of the Vehicle Code is amended to read:

P27   1

4456.  

(a) When selling a vehicle, dealers and lessor-retailers
2shall use numbered report-of-sale forms issued by the department.
3The forms shall be used in accordance with the following terms
4 and conditions:

5(1) The dealer or lessor-retailer shall attach for display a copy
6of the report of sale on the vehicle before the vehicle is delivered
7to the purchaser.

8(2) The dealer or lessor-retailer shall submit to the department
9an application accompanied by all fees and penalties due for
10registration or transfer of registration of the vehicle within 30 days
11from the date of sale, as provided in subdivision (c) of Section
129553, if the vehicle is a used vehicle, and 20 days if the vehicle is
13a new vehicle. Penalties due for noncompliance with this paragraph
14shall be paid by the dealer or lessor-retailer. The dealer or
15lessor-retailer shall not charge the purchaser for the penalties.

16(3) As part of an application to transfer registration of a used
17vehicle, the dealer or lessor-retailer shall include all of the
18following information on the certificate of title, application for a
19duplicate certificate of title, or form prescribed by the department:

20(A) Date of sale and report of sale number.

21(B) Purchaser’s name and address.

22(C) Dealer’s name, address, number, and signature or signature
23of authorized agent.

24(D) Salesperson number.

25(4) If the department returns an application and the application
26was first received by the department within 30 days of the date of
27sale of the vehicle if the vehicle is a used vehicle, and 20 days if
28the vehicle is a new vehicle, the dealer or lessor-retailer shall
29submit a corrected application to the department within 50 days
30from the date of sale of the vehicle if the vehicle is a used vehicle,
31and 40 days if the vehicle is a new vehicle, or within 30 days from
32the date that the application is first returned by the department if
33the vehicle is a used vehicle, and 20 days if the vehicle is a new
34vehicle, whichever is later.

35(5) If the department returns an application and the application
36was first received by the department more than 30 days from the
37date of sale of the vehicle if the vehicle is a used vehicle, and 20
38days if the vehicle is a new vehicle, the dealer or lessor-retailer
39shall submit a corrected application to the department within 50
P28   1days from the date of sale of the vehicle if the vehicle is a used
2vehicle, and 40 days if the vehicle is a new vehicle.

3(6) An application first received by the department more than
450 days from the date of sale of the vehicle if the vehicle is a used
5vehicle, and 40 days if the vehicle is a new vehicle, is subject to
6the penalties specified in subdivisions (a) and (b) of Section 4456.1.

7(7) The dealer or lessor-retailer shall report the sale pursuant to
8Section 5901.

9(b) (1) A transfer that takes place through a dealer conducting
10a wholesale vehicle auction shall be reported to the department by
11that dealer on a single form approved by the department. The
12completed form shall contain, at a minimum, all of the following
13information:

14(A) The name and address of the seller.

15(B) The seller’s dealer number, if applicable.

16(C) The date of delivery to the dealer conducting the auction.

17(D) The actual mileage of the vehicle as indicated by the
18vehicle’s odometer at the time of delivery to the dealer conducting
19the auction.

20(E) The name, address, and occupational license number of the
21dealer conducting the auction.

22(F) The name, address, and occupational license number of the
23buyer.

24(G) The signature of the dealer conducting the auction.

25(2) Submission of the completed form specified in paragraph
26(1) to the department shall fully satisfy the requirements of
27subdivision (a) and subdivision (a) of Section 5901 with respect
28to the dealer selling at auction and the dealer conducting the
29auction.

30(3) The single form required by this subdivision does not relieve
31a dealer of any obligation or responsibility that is required by any
32other law.

33(c) If temporary license plates have been issued for a vehicle,
34the vehicle may be operated until either of the following events,
35whichever occurs first:

36(1) The permanent license plates and registration card are
37received by the purchaser.

38(2) A 90-day period, commencing with the date of sale of the
39vehicle, has expired.

P29   1(d) If temporary license plates have not been issued for a vehicle,
2the vehicle displaying a copy of the report of sale may be operated
3without license plates or registration card until either of the
4following events, whichever occurs first:

5(1) The license plates and registration card are received by the
6purchaser.

7(2) A 90-day period, commencing with the date of sale of the
8vehicle, has expired.

9

SEC. 4.  

Section 4456.5 of the Vehicle Code is amended to
10read:

11

4456.5.  

(a) A dealer may charge the purchaser or lessee of a
12vehicle the following charges:

13(1) A document processing charge for the preparation and
14processing of documents, disclosures, and titling, registration, and
15information security obligations imposed by state and federal law.
16The dealer document processing charge shall not be represented
17as a governmental fee.

18(A) If a dealer has a contractual agreement with the department
19to be a private industry partner pursuant to Section 1685, the
20document processing charge shall not exceed eighty dollars ($80).

21(B) If a dealer does not have a contractual agreement with the
22department to be a private industry partner pursuant to Section
231685, the document processing charge shall not exceed sixty-five
24dollars ($65).

25(2) An electronic filing charge, not to exceed the actual amount
26the dealer is charged by a first-line service provider for providing
27license plate processing, postage, and the fees and services
28authorized pursuant to subdivisions (a) and (d) of Section 1685.
29The director may establish, through the adoption of regulations,
30the maximum amount that a first-line service provider may charge
31a dealer. The electronic filing charge shall not be represented as a
32governmental fee.

33(b) As used in this section, the term “first-line service provider”
34shall have the same meaning as defined in subdivision (b) of
35Section 1685.

36(c) This section shall remain in effect only until January 1, 2017,
37and as of that date is repealed, unless a later enacted statute, that
38is enacted before January 1, 2017, deletes or extends that date.

39

SEC. 5.  

Section 4456.5 is added to the Vehicle Code, to read:

P30   1

4456.5.  

(a) A dealer may charge the purchaser or lessee of a
2vehicle the following charges:

3(1) A document processing charge for the preparation and
4processing of documents, disclosures, and titling, registration, and
5information security obligations imposed by state and federal law.
6The dealer document processing charge shall not be represented
7as a governmental fee.

8(A) If a dealer has a contractual agreement with the department
9to be a private industry partner pursuant to Section 1685, the
10document processing charge shall not exceed ninety-five dollars
11($95).

12(B) If a dealer does not have a contractual agreement with the
13department to be a private industry partner pursuant to Section
141685, the document processing charge shall not exceed sixty-five
15dollars ($65).

16(2) (A) An electronic filing charge, not to exceed the actual
17amount the dealer is charged by a first-line service provider for
18both of the following:

19(i) Permanent license plate processing, postage, and the fees
20and services authorized pursuant to subdivisions (a) and (d) of
21Section 1685.

22(ii) Temporary license plate processing authorized pursuant to
23Section 1686.

24(B) The director may establish, through the adoption of
25regulations, the maximum amount that a first-line service provider
26may charge a dealer. The electronic filing charge shall not be
27represented as a governmental fee.

28(b) As used in this section, “first-line service provider” has the
29same meaning as defined in Section 1685.

30(c) This section shall become operative January 1, 2017.

31

SEC. 6.  

Section 4456.6 is added to the Vehicle Code, to read:

32

4456.6.  

(a) A motor vehicle dealer that is a private industry
33partner pursuant to Section 1685 shall, at the time of sale, affix a
34temporary license plate to a vehicle sold without a permanent
35license plate.

36(b) This section shall become operative on January 1, 2017.

37

SEC. 7.  

Section 4463 of the Vehicle Code is amended to read:

38

4463.  

(a) A person who, with intent to prejudice, damage, or
39defraud, commits any of the following acts is guilty of a felony
40and upon conviction thereof shall be punished by imprisonment
P31   1pursuant to subdivision (h) of Section 1170 of the Penal Code for
216 months or two or three years, or by imprisonment in a county
3jail for not more than one year:

4(1) (A) Alters, forges, counterfeits, or falsifies a certificate of
5ownership, registration card, certificate, license, license plate,
6device issued pursuant to Section 4853, special plate, or permit
7provided for by this code or a comparable certificate of ownership,
8registration card, certificate, license, license plate, device
9comparable to that issued pursuant to Section 4853, special plate,
10or permit provided for by a foreign jurisdiction, or alters, forges,
11counterfeits, or falsifies the document, device, or plate with intent
12to represent it as issued by the department, or alters, forges,
13counterfeits, or falsifies with fraudulent intent an endorsement of
14transfer on a certificate of ownership or other document evidencing
15ownership, or with fraudulent intent displays or causes or permits
16to be displayed or have in his or her possession a blank, incomplete,
17canceled, suspended, revoked, altered, forged, counterfeit, or false
18certificate of ownership, registration card, certificate, license,
19license plate, device issued pursuant to Section 4853, special plate,
20or permit.

21(B) For purposes of this paragraph, “license plate” includes both
22temporary and permanent license plates.

23(2) Utters, publishes, passes, or attempts to pass, as true and
24genuine, a false, altered, forged, or counterfeited matter listed in
25paragraph (1) knowing it to be false, altered, forged, or
26counterfeited.

27(b) A person who, with intent to prejudice, damage, or defraud,
28commits any of the following acts is guilty of a misdemeanor, and
29upon conviction thereof shall be punished by imprisonment in a
30county jail for six months, a fine of not less than five hundred
31dollars ($500) and not more than one thousand dollars ($1,000),
32or both that fine and imprisonment, which penalty shall not be
33suspended:

34(1) Forges, counterfeits, or falsifies a disabled person placard
35or a comparable placard relating to parking privileges for disabled
36persons provided for by a foreign jurisdiction, or forges,
37counterfeits, or falsifies a disabled person placard with intent to
38represent it as issued by the department.

P32   1(2) Passes, or attempts to pass, as true and genuine, a false,
2forged, or counterfeit disabled person placard knowing it to be
3false, forged, or counterfeited.

4(3) Acquires, possesses, sells, or offers for sale a genuine or
5counterfeit disabled person placard.

6(c) A person who, with fraudulent intent, displays or causes or
7permits to be displayed a forged, counterfeit, or false disabled
8person placard, is subject to the issuance of a notice of parking
9violation imposing a civil penalty of not less than two hundred
10fifty dollars ($250) and not more than one thousand dollars
11($1,000), for which enforcement shall be governed by the
12procedures set forth in Article 3 (commencing with Section 40200)
13of Chapter 1 of Division 17 or is guilty of a misdemeanor
14punishable by imprisonment in a county jail for six months, a fine
15of not less than two hundred fifty dollars ($250) and not more than
16one thousand dollars ($1,000), or both that fine and imprisonment,
17which penalty shall not be suspended.

18(d) For purposes of subdivision (b) or (c), “disabled person
19placard” means a placard issued pursuant to Section 22511.55 or
2022511.59.

21(e) A person who, with intent to prejudice, damage, or defraud,
22commits any of the following acts is guilty of an infraction, and
23upon conviction thereof shall be punished by a fine of not less than
24one hundred dollars ($100) and not more than two hundred fifty
25dollars ($250) for a first offense, not less than two hundred fifty
26dollars ($250) and not more than five hundred dollars ($500) for
27a second offense, and not less than five hundred dollars ($500)
28and not more than one thousand dollars ($1,000) for a third or
29subsequent offense, which penalty shall not be suspended:

30(1) Forges, counterfeits, or falsifies a Clean Air Sticker or a
31comparable clean air sticker relating to high occupancy vehicle
32lane privileges provided for by a foreign jurisdiction, or forges,
33counterfeits, or falsifies a Clean Air Sticker with intent to represent
34it as issued by the department.

35(2) Passes, or attempts to pass, as true and genuine, a false,
36forged, or counterfeit Clean Air Sticker knowing it to be false,
37forged, or counterfeited.

38(3) Acquires, possesses, sells, or offers for sale a counterfeit
39Clean Air Sticker.

P33   1(4) Acquires, possesses, sells, or offers for sale a genuine Clean
2Air Sticker separate from the vehicle for which the department
3issued that sticker.

4(f) As used in this section, “Clean Air Sticker” means a label
5or decal issued pursuant to Sections 5205.5 and 21655.9.

6

SEC. 8.  

Section 5200 of the Vehicle Code is amended to read:

7

5200.  

(a) When two license plates are issued by the department
8for use upon a vehicle, they shall be attached to the vehicle for
9which they were issued, one in the front and the other in the rear.

10(b) When only one license plate is issued for use upon a vehicle,
11it shall be attached to the rear thereof, unless the license plate is
12issued for use upon a truck tractor, in which case the license plate
13shall be displayed in accordance with Section 4850.5.

14(c) For purposes of this section, “license plate” includes both
15temporary and permanent license plates.

16

SEC. 9.  

Section 5202.5 is added to the Vehicle Code, to read:

17

5202.5.  

Upon receipt of permanent license plates, the owner
18of a vehicle shall replace any temporary license plates with the
19permanent license plates and shall destroy the temporary license
20plates in accordance with instructions issued by the department.

21

SEC. 10.  

No reimbursement is required by this act pursuant to
22Section 6 of Article XIII B of the California Constitution because
23the only costs that may be incurred by a local agency or school
24district will be incurred because this act creates a new crime or
25infraction, eliminates a crime or infraction, or changes the penalty
26for a crime or infraction, within the meaning of Section 17556 of
27the Government Code, or changes the definition of a crime within
28the meaning of Section 6 of Article XIII B of the California
29Constitution.

end delete


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