BILL ANALYSIS
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THIRD READING
Bill No: AB 805
Author: Fuentes (D)
Amended: 8/26/09 in Senate
Vote: 21
SEN. TRANSPORTATION & HOUSING COMMITTEE : 9-0, 6/9/09
AYES: Lowenthal, Huff, DeSaulnier, Hollingsworth, Kehoe,
Oropeza, Pavley, Simitian, Wolk
NO VOTE RECORDED: Ashburn, Harman
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 79-0, 5/4/09 - See last page for vote
SUBJECT : Licensing of automobile dismantlers
SOURCE : State of California Auto Dismantlers
Association
DIGEST : This bill requires the Department of Motor
Vehicles to investigate thoroughly all the information
contained in an application for a license submitted by an
automobile dismantler.
Senate Floor Amendments of 8/26/09 specify the Department
of Motor Vehicles is required to make a thorough
investigation of all of the information contained in a
renewal application for an automobile dismantler license as
of January 1, 2011.
CONTINUED
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ANALYSIS : Existing law requires an automobile dismantler
to procure a Department of Motor Vehicles (DMV) issued
license or temporary operating permit in order to operate
in this state. To procure a license, an auto dismantler
must file an application and pay an application fee of $101
to DMV. Dismantlers must renew their license every two
years. To renew a license, a dismantler files an
application and pays a renewal fee of $86. There are also
separate fees for each business location and each
dismantler license plate, which a dismantler affixes to
vehicles that are being moved on public streets.
The applications must provide DMV with information, as
prescribed by DMV and submitted under penalty of perjury,
on the character, honest, integrity, and reputation of the
applicant. In addition, the application shall provide DMV
with:
1.The applicant's tax identification number assigned by the
Franchise Tax Board.
2.The applicant's Board of Equalization resale permit
number.
3.The applicant's identification number issued by the
California Environmental Protection Agency.
4.A statement that the applicant has either filed a storm
water permit or is not required to obtain one.
5.A statement indicating that the applicant has filed a
hazardous materials business plan or is not required to
file one.
Not later than 120 days after receiving the application and
fee, DMV must investigate the information on the character,
honesty, integrity, and reputation of the applicant. While
DMV is completing its investigation, it may issue the
applicant a temporary operating permit. Upon completing
its investigation to its satisfaction, DMV issues the
dismantler's license.
DMV may refuse to issue a license for cause, including
because the information on the application files is
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incorrect, the applicant previously had a license that DMV
revoked or suspended for a cause that was never corrected,
or the applicant has been convicted of a crime related to
the qualifications, functions, or duties of auto
dismantling.
This bill requires DMV to make a thorough investigation of
all of the information contained in an initial application
for an automobile dismantler's license. For an application
for a re
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/27/09)
State of California Auto Dismantlers Association (source)
California Auto Dismantlers and Recyclers Alliance
Pacoima Beautiful
Sustainable Conservation
ARGUMENTS IN SUPPORT : Auto dismantlers process and
recycle motor vehicles at the end of their lives. In doing
so, dismantlers remove engine oil, transmission fluid,
tires, and other potentially hazardous materials from the
vehicles. In addition, auto dismantlers ensure any
remaining parts that cannot be resold are properly
recycled.
The sponsor believes that many licensed auto dismantlers
are not actually in possession of tax identification
numbers or environmental permits to operate, even though
they have asserted, under penalty of perjury, on their
applications to DMV that they are. Proponents note that
when hazardous materials in vehicles are not properly
removed, processed, and recycled, our communities and the
environment suffer. The author's office cites industry
estimates indicating that nearly 1.8 million vehicles come
to the end of their lives in California each year, but
responsible auto dismantlers process only 40 percent of
those vehicles. By requiring DMV to verify all the
information in a license application, the proponents intend
through this bill to assure than an applicant operating an
auto dismantling business in California meets other
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important statutory requirements relating to environmental
protection and tax payments.
With the expansion of state online databases, the sponsor
believes that verifying the status of required
certifications should be easily performed by DMV within the
required 120 days.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Duvall, Emmerson, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,
Garrick, Gilmore, Hagman, Hall, Harkey, Hayashi,
Hernandez, Hill, Huber, Jeffries, Jones, Knight,
Krekorian, Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza,
Miller, Monning, Nava, Nestande, Niello, Nielsen, John A.
Perez, V. Manuel Perez, Portantino, Price, Ruskin, Salas,
Saldana, Silva, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Torrico, Tran,
Villines, Yamada, Bass
NO VOTE RECORDED: Huffman
JJA:cm 8/27/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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