Bill Text: CA AB318 | 2009-2010 | Regular Session | Chaptered

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Bill Title: Bureau of Automotive Repair: inspection fees.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 235, Statutes of 2009. [AB318 Detail]

Download: California-2009-AB318-Chaptered.html

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BILL NUMBER: AB 318	CHAPTERED
	BILL TEXT

	CHAPTER  235
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2009
	APPROVED BY GOVERNOR  OCTOBER 11, 2009
	PASSED THE SENATE  SEPTEMBER 1, 2009
	PASSED THE ASSEMBLY  SEPTEMBER 3, 2009
	AMENDED IN SENATE  AUGUST 18, 2009
	AMENDED IN SENATE  JUNE 1, 2009
	AMENDED IN ASSEMBLY  MARCH 25, 2009

INTRODUCED BY   Assembly Member Emmerson

                        FEBRUARY 18, 2009

   An act to amend Section 4750.1 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 318, Emmerson. Bureau of Automotive Repair: inspection fees.
    Existing law requires the Department of Motor Vehicles to develop
and administer a vehicle registration amnesty program, to be in
effect from January 1, 2010, until December 31, 2010, for vehicles
that were previously registered or classified incorrectly and that,
pursuant to the program, become correctly registered. Existing law
requires the department to grant amnesty to a vehicle owner if
specified conditions are met by December 31, 2010.
   This bill would authorize the Bureau of Automotive Repair to
charge a vehicle owner who participates in this amnesty program a fee
of $160 for each referee station inspection conducted pursuant to
these provisions and would require the fee to be collected by the
referee station performing the inspection.
   The bill would provide that a contract to perform referee services
may authorize direct compensation to the referee contractor from the
inspection fees collected pursuant to these provisions and would
require the referee contractor to deposit the inspection fees
collected from the vehicle owner into a separate trust account, as
specified. The bill would require the department, where it conducts
the inspections, to deposit the fees into the Vehicle Inspection and
Repair Fund.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4750.1 of the Vehicle Code is amended to read:
   4750.1.  (a) If the department receives an application for
registration of a specially constructed passenger vehicle or pickup
truck after it has registered 500 specially constructed vehicles
during that calendar year pursuant to Section 44017.4 of the Health
and Safety Code, and the vehicle has not been previously registered,
the vehicle shall be assigned the same model-year as the calendar
year in which the application is submitted, for purposes of
determining emissions inspection requirements for the vehicle.
   (b) (1) If the department receives an application for registration
of a specially constructed passenger vehicle or pickup truck that
has been previously registered after it has registered 500 specially
constructed vehicles during that calendar year pursuant to Section
44017.4 of the Health and Safety Code, and the application requests a
model-year determination different from the model-year assigned in
the previous registration, the application for registration shall be
denied and the vehicle owner is subject to the emission control and
inspection requirements applicable to the model-year assigned in the
previous registration.
   (2) For a vehicle participating in the amnesty program in effect
from January 1, 2010, until December 31, 2010, pursuant to Section
9565, the model-year of the previous registration shall be the
calendar year of the year in which the vehicle owner applied for
amnesty. However, a denial of an application for registration issued
pursuant to this paragraph does not preclude the vehicle owner from
applying for a different model-year determination and application for
registration under Section 44017.4 of the Health and Safety Code in
a subsequent calendar year.
   (c) (1) The Bureau of Automotive Repair may charge the vehicle
owner who applies to participate in the amnesty program a fee for
each referee station inspection conducted pursuant to Section 9565.
The fee shall be one hundred sixty dollars ($160) and shall be
collected by the referee station performing the inspection.
   (2) A contract to perform referee services may authorize direct
compensation to the referee contractor from the inspection fees
collected pursuant to paragraph (1). The referee contractor shall
deposit the inspection fees collected from the vehicle owner into a
separate trust account that the referee contractor shall account for
and manage in accordance with generally accepted accounting standards
and principles. Where the department conducts the inspections
pursuant to Section 9565, the inspection fees collected by the
department shall be deposited into the Vehicle Inspection and Repair
Fund.