Bill Text: CA AB1992 | 2011-2012 | Regular Session | Introduced
Bill Title: New Motor Vehicle Board: repeal.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-04-10 - In committee: Set first hearing. Failed passage. Reconsideration granted. [AB1992 Detail]
Download: California-2011-AB1992-Introduced.html
BILL NUMBER: AB 1992 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Huber
FEBRUARY 23, 2012
An act to repeal Section 472.5 of the Business and Professions
Code, to amend Section 1795.92 of the Civil Code, to amend Section
26509 of the Government Code, and to amend Section 1803.5 of, to
repeal Section 232 of, and to repeal Chapter 6 (commencing with
Section 3000) of Division 2 of, the Vehicle Code, relating to the New
Motor Vehicle Board.
LEGISLATIVE COUNSEL'S DIGEST
AB 1992, as introduced, Huber. New Motor Vehicle Board: repeal.
Existing law establishes the New Motor Vehicle Board in the
Department of Motor Vehicles. The duties of the board include
collecting fees for the administration of the certification of
3rd-party dispute resolution processes for new motor vehicles
established under the Business and Professions Code, resolving issues
raised by protests or petitions filed with the board pursuant to,
among other actions, an appeal from a decision of the Department of
Motor Vehicles, and regulating franchises subject to the Vehicle
Code.
This bill would abolish that board and its duties and
responsibilities as of January 1, 2022.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 472.5 of the Business and Professions Code is
repealed.
472.5. The New Motor Vehicle Board in the Department of Motor
Vehicles shall, in accordance with the procedures prescribed in this
section, administer the collection of fees for the purposes of fully
funding the administration of this chapter.
(a) Fees collected pursuant to this section shall be deposited in
the Certification Account in the Consumer Affairs Fund and shall be
available, upon appropriation by the Legislature, exclusively to pay
the expenses incurred by the department in administering this chapter
and to pay the New Motor Vehicle Board as provided in Section 3016
of the Vehicle Code. If, at the conclusion of any fiscal year, the
amount of fees collected exceeds the amount of expenditures for that
purpose during that fiscal year, the surplus in the Certification
Account shall be carried over into the succeeding fiscal year.
(b) Beginning July 1, 1988, and on or before May 1 of each
calendar year thereafter, every manufacturer shall file with the New
Motor Vehicle Board a statement of the number of motor vehicles sold,
leased, or otherwise distributed by or for the manufacturer in this
state during the preceding calendar year, and shall, upon written
notice delivered to the manufacturer by certified mail, return
receipt requested, pay to the New Motor Vehicle Board a fee, not to
exceed one dollar ($1) for each motor vehicle sold, leased, or
distributed by or for the manufacturer in this state during the
preceding calendar year. The total fee paid by each manufacturer
shall be rounded to the nearest dollar in the manner described in
Section 9559 of the Vehicle Code. Not more than one dollar ($1) shall
be charged, collected, or received from any one or more
manufacturers pursuant to this subdivision with respect to the same
motor vehicle.
(c) (1) The fee required by subdivision (b) is due and payable not
later than 30 days after the manufacturer has received notice of the
amount due and is delinquent after that time. A penalty of 10
percent of the amount delinquent shall be added to that amount, if
the delinquency continues for more than 30 days.
(2) If a manufacturer fails to file the statement required by
subdivision (b) by the date specified, the New Motor Vehicle Board
shall assess the amount due from the manufacturer by using as the
number of motor vehicles sold, leased, or otherwise distributed by or
for the manufacturer in this state during the preceding calendar
year the total number of new registrations of all motor vehicles
sold, leased, or otherwise distributed by or for the manufacturer
during the preceding calendar year.
(d) On or before February 1 of each year, the department shall
notify the New Motor Vehicle Board of the dollar amount necessary to
fully fund the program established by this chapter during the
following fiscal year. The New Motor Vehicle Board shall use this
information in calculating the amounts of the fees to be collected
from manufacturers pursuant to this section.
(e) For purposes of this section, "motor vehicle" means a new
passenger or commercial motor vehicle of a kind that is required to
be registered under the Vehicle Code, but the term does not include a
motorcycle, a motor home, or any vehicle whose gross weight exceeds
10,000 pounds.
(f) The New Motor Vehicle Board may adopt regulations to implement
this section. The regulations shall include, at a minimum, a formula
for calculating the fee, established pursuant to subdivision (b),
for each motor vehicle and the total amount of fees to be collected
from each manufacturer.
(g) Any revenues already received by the Arbitration Certification
Program and deposited in the Vehicle Inspection and Repair Fund for
the 1991-92 fiscal year that have not yet been spent shall be
deposited into the Certification Account in the Consumer Affairs
Fund.
SEC. 2. Section 1795.92 of the Civil Code is amended to read:
1795.92. Manufacturers shall have the following duties:
(a) A manufacturer shall, within 90 days of the adoption of an
adjustment program, subject to priority for safety or
emission-related recalls, notify by first-class mail all owners or
lessees of motor vehicles eligible under the program of the condition
giving rise to and the principal terms and conditions of the
program.
(b) Copies of all notices mailed in accordance with subdivision
(a) shall be sent to the New Motor Vehicle Board within the
Department of Motor Vehicles and made available for public
inquiries.
(c) A manufacturer shall, within 30 days of the adoption of any
new adjustment program, notify its dealers, in writing, of all the
terms and conditions thereof of the new
adjustment program .
(d) A manufacturer who establishes an adjustment program shall
implement procedures to assure reimbursement of each consumer
eligible under an adjustment program who incurs expenses for repair
of a condition subject to the program prior to acquiring knowledge of
the program. The reimbursement shall be consistent with the terms
and conditions of the particular program. The manufacturer shall
notify the consumer within 21 business days of receiving a claim for
reimbursement whether the claim will be allowed or denied. If the
claim is denied, the specific reasons for the denial shall be stated
in writing.
(e) Any consumer who, prior to acquiring knowledge of an
adjustment program, incurs expenses for repair of a condition subject
to the adjustment program may file a claim for reimbursement under
subdivision (d). The claim shall be made in writing to the
manufacturer within two years of the date of the consumer's payment
for repair of the condition.
SEC. 3. Section 26509 of the Government Code is amended to read:
26509. (a) Notwithstanding any other provision of law, including
any provision making records confidential, and including Title 1.8
(commencing with Section 1798) of Part 4 of Division 3 of the Civil
Code, the district attorney shall be given access to, and may make
copies of, any complaint against a person subject to regulation by a
consumer-oriented state agency and any investigation of the person
made by the agency, where that person is being investigated by the
district attorney regarding possible consumer fraud.
(b) Where If the district attorney
does not take action with respect to the complaint or investigation,
the material shall remain confidential.
(c) Where If the release of the
material would jeopardize an investigation or other duties of a
consumer-oriented state agency, the agency shall have discretion to
delay the release of the information.
(d) As used in this section, a consumer-oriented state agency is
any state agency that regulates the licensure, certification, or
qualification of persons to practice a profession or business within
the state, where if the regulation is
for the protection of consumers who deal with the professionals or
businesses. It includes, but is not limited to, all of the following:
(1) The Dental Board of California.
(2) The Medical Board of California.
(3) The State Board of Optometry.
(4) The California State Board of Pharmacy.
(5) The Veterinary Medical Board.
(6) The California Board of Accountancy.
(7) The California Architects Board.
(8) The State Board of Barbering and Cosmetology.
(9) The Board for Professional Engineers and Land Surveyors.
(10) The Contractors' State License Board.
(11) The Funeral Directors and Embalmers Program.
(11) Cemetery and Funeral Bureau.
(12) The Structural Pest Control Board within the Department
of Pesticide Regulation .
(13) The Bureau of Home Furnishings
Electronic and Appliance Repair, Home Furnishings, and Thermal
Insulation.
(14) The Board of Registered Nursing.
(15) The State Board of Chiropractic Examiners.
(16) The Board of Behavioral Science Examiners
Sciences .
(17) The State Athletic Commission.
(18) The Cemetery Program.
(19)
(18) The State Board of Guide Dogs for the Blind.
(20)
(19) The Bureau of Security and Investigative Services.
(21)
(20) The Court Reporters Board of California.
(22)
(21) The Board of Vocational Nursing and Psychiatric
Technicians of the State of California.
(23)
(22) The Osteopathic Medical Board of California.
(24)
(23) The Division of Investigation.
(25)
(24) The Bureau of Automotive Repair.
(26) The State Board for Geologists and Geophysicists.
(27)
(25) The Department of Alcoholic Beverage Control.
(28)
(26) The Department of Insurance.
(29)
(27) The Public Utilities Commission.
(30)
(28) The State Department of Health Services
Public Health .
(31) The New Motor Vehicle Board.
SEC. 4. Section 232 of the Vehicle Code is repealed.
232. The "board" is the New Motor Vehicle Board.
SEC. 5. Section 1803.5 of the Vehicle Code, as added by Chapter
216 of the Statutes of 2010, is amended to read:
1803.5. (a) In accordance with Section 41501 or 42005, the clerk
of a court or hearing officer, when a person who receives a notice to
appear at a court or board proceeding for a
violation of any statute relating to the safe operation of vehicles
is granted a continuance of the proceeding in consideration for
completion of a program at a school for traffic violators, that
results in a designation of the conviction as confidential in
consideration for that completion, shall prepare an abstract of the
record of the court or board proceeding that indicates that the
person was convicted of the violation and ordered to complete a
traffic violator program, certify the abstract to be true and
correct, and cause the abstract to be forwarded to the department at
its office at Sacramento within five days after receiving proof that
the program was completed or the due date to which the proceeding was
continued, whichever comes first.
(b) This section shall become operative on July 1, 2011.
SEC. 6. Chapter 6 (commencing with Section 3000) of Division 2 of
the Vehicle Code is repealed.
SEC. 7. This act shall become operative January 1, 2022.
