Bill Text: CA AB1864 | 2013-2014 | Regular Session | Amended
Bill Title: Registration of vehicles and certificates of title.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2014-08-19 - Ordered to inactive file at the request of Senator DeSaulnier. [AB1864 Detail]
Download: California-2013-AB1864-Amended.html
BILL NUMBER: AB 1864 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 6, 2014
AMENDED IN SENATE JUNE 26, 2014
AMENDED IN SENATE JUNE 15, 2014
INTRODUCED BY Assembly Member Daly
FEBRUARY 19, 2014
An act to amend Section 4456 of, and to add and
repeal Section 1687 of, of the Vehicle
Code, relating to registration of vehicles and certificates of
title.
LEGISLATIVE COUNSEL'S DIGEST
AB 1864, as amended, Daly. Registration of vehicles and
certificates of title.
Existing law allows a vehicle displaying a copy of the report of
sale to be operated without license plates or registration card until
either the license plates and registration card are received by the
purchaser, or the expiration of a 90-day period beginning with the
date of sale of the vehicle, whichever occurs first. A violation of
this provision is an infraction.
This bill would instead allow a vehicle to be operated without
license plates or registration card until either the license plates
and registration card are received by the purchaser, or the
expiration of a 75-day period beginning with the date of sale of the
vehicle, whichever occurs first.
By changing the definition of a crime, this bill would impose a
state-mandated local program.
This bill would also require the Department of
Motor Vehicles, in consultation with the Department of the California
Highway Patrol, to assess the need for a temporary vehicle
identification system that is different from the process described
above. The bill would require the department, in making this
assessment, to consider information from relevant entities and the
experience of other states, as specified. The bill would require the
department, if its assessment demonstrates the need to enhance or
change the existing temporary vehicle identification system, to
examine the costs and benefits of employing different systems, as
specified. The bill would require the department to submit, no later
than January 1, 2016, a report that includes the results of the
assessments and examinations described above, as specified. The bill
would require the department, in consultation with the Department of
the California Highway Patrol, to make a recommendation in the report
as to whether the state should implement a new temporary vehicle
identification system. This bill would repeal these provisions on
January 1, 2017.
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 no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1687 is added to the Vehicle Code, to read:
1687. (a) The department shall, in consultation with the
Department of the California Highway Patrol, assess the need for a
temporary vehicle identification system that is different from the
current practice of displaying the report of sale on a vehicle
pursuant to Section 4456. In making this assessment, the department
shall consider information from relevant entities ,
including, but not limited to, local government, law enforcement
agencies, licensed vehicle dealers, first-line business
partners, and consumer representatives. The department shall
also consider the experience of other states in using temporary
vehicle license plates or other alternative temporary vehicle
identification systems that are employed prior to the installation of
permanent license plates.
(b) If the department's assessment, as specified in subdivision
(a), demonstrates the need to enhance or change the existing
temporary vehicle identification system, the department shall examine
the costs and benefits of employing different temporary vehicle
identification systems, including potential methods of paying for the
costs associated with these systems. The types of temporary vehicle
identification systems examined by the department shall include, but
not be limited to, all of the following:
(1) An enhanced display of the report of sale on a vehicle.
(2) A temporary license plate system that is not integrated with
the databases of the department or law enforcement.
(3) A temporary license plate system with a database that is
accessible to the department and law enforcement.
(4) A temporary license plate system that is fully integrated with
the department's database and the California Law Enforcement
Telecommunications System.
(c) (1) The department shall submit, no later than January 1,
2016, a report to the Assembly Committee on Transportation and the
Senate Committee on Transportation and Housing that includes the
results of the assessment specified in subdivision (a) and the
examination specified in subdivision (b), if conducted. The
department, in consultation with the Department of the California
Highway Patrol, shall make a recommendation in the report as to
whether the state should implement a new temporary vehicle
identification system.
(2) A report submitted pursuant to paragraph (1) shall be
submitted in compliance with Section 9795 of the Government Code.
(3) Notwithstanding Section 10231.5 of the Government Code, the
requirement for submitting a report imposed by this section is
inoperative on January 1, 2017.
(d) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 2. Section 4456 of the Vehicle Code is
amended to read:
4456. (a) When selling a vehicle, dealers and lessor-retailers
shall use numbered report-of-sale forms issued by the department. The
forms shall be used in accordance with the following terms and
conditions:
(1) The dealer or lessor-retailer shall attach for display a copy
of the report of sale on the vehicle before the vehicle is delivered
to the purchaser.
(2) The dealer or lessor-retailer shall submit to the department
an application accompanied by all fees and penalties due for
registration or transfer of registration of the vehicle within 30
days from the date of sale, as provided in subdivision (c) of Section
9553, if the vehicle is a used vehicle, and 20 days if the vehicle
is a new vehicle. Penalties due for noncompliance with this paragraph
shall be paid by the dealer or lessor-retailer. The dealer or
lessor-retailer shall not charge the purchaser for the penalties.
(3) As part of an application to transfer registration of a used
vehicle, the dealer or lessor-retailer shall include all of the
following information on the certificate of title, application for a
duplicate certificate of title, or form prescribed by the department:
(A) Date of sale and report of sale number.
(B) Purchaser's name and address.
(C) Dealer's name, address, number, and signature or signature of
authorized agent.
(D) Salesperson number.
(4) If the department returns an application and the application
was first received by the department within 30 days of the date of
sale of the vehicle if the vehicle is a used vehicle, and 20 days if
the vehicle is a new vehicle, the dealer or lessor-retailer shall
submit a corrected application to the department within 50 days from
the date of sale of the vehicle if the vehicle is a used vehicle, and
40 days if the vehicle is a new vehicle, or within 30 days from the
date that the application is first returned by the department if the
vehicle is a used vehicle, and 20 days if the vehicle is a new
vehicle, whichever is later.
(5) If the department returns an application and the application
was first received by the department more than 30 days from the date
of sale of the vehicle if the vehicle is a used vehicle, and 20 days
if the vehicle is a new vehicle, the dealer or lessor-retailer shall
submit a corrected application to the department within 50 days from
the date of sale of the vehicle if the vehicle is a used vehicle, and
40 days if the vehicle is a new vehicle.
(6) An application first received by the department more than 50
days from the date of sale of the vehicle if the vehicle is a used
vehicle, and 40 days if the vehicle is a new vehicle, is subject to
the penalties specified in subdivisions (a) and (b) of Section
4456.1.
(7) The dealer or lessor-retailer shall report the sale pursuant
to Section 5901.
(b) (1) A transfer that takes place through a dealer conducting a
wholesale vehicle auction shall be reported to the department by that
dealer on a single form approved by the department. The completed
form shall contain, at a minimum, all of the following information:
(A) The name and address of the seller.
(B) The seller's dealer number, if applicable.
(C) The date of delivery to the dealer conducting the auction.
(D) The actual mileage of the vehicle as indicated by the vehicle'
s odometer at the time of delivery to the dealer conducting the
auction.
(E) The name, address, and occupational license number of the
dealer conducting the auction.
(F) The name, address, and occupational license number of the
buyer.
(G) The signature of the dealer conducting the auction.
(2) Submission of the completed form specified in paragraph (1) to
the department shall fully satisfy the requirements of subdivision
(a) and subdivision (a) of Section 5901 with respect to the dealer
selling at auction and the dealer conducting the auction.
(3) The single form required by this subdivision does not relieve
a dealer of any obligation or responsibility that is required by any
other provision of law.
(c) A vehicle displaying a copy of the report of sale may be
operated without license plates or registration card until either of
the following, whichever occurs first:
(1) The license plates and registration card are received by the
purchaser.
(2) A 75-day period, commencing with the date of sale of the
vehicle, has expired.
(d) This section shall become operative on July 1, 2012.
SEC. 3. 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.
