Bill Text: CA AB1627 | 2013-2014 | Regular Session | Chaptered
Bill Title: Vehicles: registration services: disclosure of service fees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-07-16 - Chaptered by Secretary of State - Chapter 128, Statutes of 2014. [AB1627 Detail]
Download: California-2013-AB1627-Chaptered.html
BILL NUMBER: AB 1627 CHAPTERED
BILL TEXT
CHAPTER 128
FILED WITH SECRETARY OF STATE JULY 16, 2014
APPROVED BY GOVERNOR JULY 16, 2014
PASSED THE SENATE JULY 3, 2014
PASSED THE ASSEMBLY MAY 23, 2014
AMENDED IN ASSEMBLY MAY 6, 2014
AMENDED IN ASSEMBLY APRIL 23, 2014
AMENDED IN ASSEMBLY APRIL 21, 2014
AMENDED IN ASSEMBLY MARCH 18, 2014
INTRODUCED BY Assembly Member Gomez
FEBRUARY 10, 2014
An act to amend Section 11406 of the Vehicle Code, relating to
vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1627, Gomez. Vehicles: registration services: disclosure of
service fees.
Existing law defines the term "registration service" for purposes
of the Vehicle Code and excludes from that definition certain
activities. Existing law prohibits a person from acting as a
registration service, engaging in the business of soliciting or
receiving any application for the registration, renewal of
registration, or transfer of registration or ownership of any vehicle
of a type subject to registration under the Vehicle Code, or of
soliciting or receiving an application for specified motor carrier
permits, or transmitting or presenting any of those documents to the
Department of Motor Vehicles, if any compensation is solicited or
received for the service, without a license or temporary permit
issued by the department. Under existing law, a registration service
authorized by the department to engage in those activities is
required to, among other things, display prominently at its place of
business a sign indicating that the registration service is not a
branch of the department and inform each customer of that fact. A
violation of those provisions is a misdemeanor.
This bill would additionally require a registration service
licensed by the department to engage in the activities described
above to provide a disclosure to each customer that certain services
may be provided by the department without an additional fee, as
specified. By expanding the scope of an existing crime, the 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11406 of the Vehicle Code is amended to read:
11406. (a) Every registration service shall keep accurate
business records containing all of the following information:
(1) The name, address, and license number of the registration
service and the name and address of every employee who performs
registration work.
(2) The name and address of each client for whom registration work
was performed.
(3) The identity of every vehicle by year, make, type, license
number, and vehicle identification number on which registration work
was performed.
(4) The amount of registration fees or payments collected for each
vehicle on which registration work was performed, including the
method of payment to the registration service.
(5) The amount of registration fees or payments submitted to the
department for each vehicle on which registration work was performed,
including the date and method of payment to the department.
(6) The amount of any refunds or additional charges on
registration fees or payments collected for each vehicle on which
registration work was performed, including the date and method of
payment of the refund or additional charge by or to the client, the
registration service, or the department.
(7) The name, signature, or initials of each employee performing
work on each transaction and the date the work was done.
(8) The cost to each client for the registration work performed on
each of the client's vehicles or to obtain a motor carrier permit.
(9) For each motor carrier for which motor carrier permit work was
performed, the carrier identification number, business type,
business address, carrier type, activities, and number of vehicles.
(10) For each motor carrier for which motor carrier permit work
was performed, the amount of fees or payment collected and the method
of payment.
(11) For each motor carrier for which motor carrier permit work
was performed, the amount of fees or payment submitted to the
department, including the date submitted and the method of payment to
the department.
(b) As an alternative to maintaining the records required by
paragraphs (1) to (11), inclusive, of subdivision (a), a registration
service may retain a copy of the listing sheet approved by the
department for transmitting registration or motor carrier permit
documents to the department.
(c) Every registration service shall provide each customer with a
document containing all of the information required by subdivision
(a) relative to that customer's transaction, excluding paragraph (7)
and excluding the addresses of employees and other customers' names
and addresses. This requirement does not apply to transactions for
customers of a dealer or dismantler.
(d) Every registration service shall display prominently at its
place of business a sign indicating that the service is not a branch
of the department and shall inform each customer of that fact.
(e) Every registration service shall provide a disclosure to each
customer that the services described in Section 11400 may be provided
by the department without an additional fee. If a registration
service is providing a service described in Section 11400 in person,
the disclosure required pursuant to this subdivision shall be in
writing. If a registration service is providing a service described
in Section 11400 on an Internet Web site, the disclosure required
pursuant to this subdivision shall be in a conspicuous place on the
Internet Web site.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
