Bill Text: CA AB2652 | 2011-2012 | Regular Session | Amended

California Assembly Bill 2652 (Prior Session Legislation)

Bill Title: Vehicles: financial responsibility.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-04-24 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2652 Detail]

Download: California-2011-AB2652-Amended.html

BILL NUMBER: AB 2652	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Furutani

                        FEBRUARY 24, 2012

    An act to amend Section 4000.2 of the Vehicle Code,
relating to vehicles.   An act to amend Section 4000.38
of the Vehicle Code, relating to vehicles. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2652, as amended, Furutani. Vehicles:  smog check
  financial responsibility  . 
   Existing law requires the Department of Motor Vehicles to suspend,
cancel, or revoke the registration of a vehicle upon notification by
an insurance company that the required coverage has been canceled
and the owner fails either to submit evidence of financial
responsibility or establish that the vehicle is not being operated
within 45 days.  
   This bill would extend the period to submit evidence of financial
responsibility or establish that the vehicle is not being operated
from 45 days to 60 days.  
   Existing law requires a certificate of compliance or noncompliance
with motor vehicle emission standards upon the registration of
vehicles previously registered outside this state, except in certain
instances.  
   This bill would make technical, nonsubstantive changes to that
law. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

   SECTION 1.    Section 4000.38 of the  
Vehicle Code   is amended to read: 
   4000.38.  (a) The department shall suspend, cancel, or revoke the
registration of a vehicle when it determines that any of the
following circumstances has occurred:
   (1) The registration was obtained by providing false evidence of
financial responsibility to the department.
   (2) Upon notification by an insurance company that the required
coverage has been canceled and a sufficient period of time has
elapsed since the cancellation notification, as determined by the
department, for replacement coverage to be processed and received by
the department.
   (3) Evidence of financial responsibility has not been submitted to
the department within 30 days of the issuance of a registration
certificate for the original registration or transfer of registration
of a vehicle.
   (b) (1) Prior to suspending, canceling, or revoking the
registration of a vehicle, the department shall notify the vehicle
owner of its intent to suspend, cancel, or revoke the registration,
and shall provide the vehicle owner a reasonable time, not less than
 45   60  days in cases under paragraph (2)
of subdivision (a), to provide evidence of financial responsibility
or to establish that the vehicle is not being operated.
   (2) For the low-cost automobile insurance program established
under Section 11629.7 of the Insurance Code, the department shall
provide residents with information on the notification document, in
plain, boldface type not less than 12 point in size, and in both
English and Spanish, stating the following:

   "California Low-Cost Auto Insurance: A program offering affordable
automobile insurance is available. Visit (insert Internet Web site
address provided by the Department of Insurance) or call toll free
(insert toll-free telephone number for the California Automobile
Assigned Risk Plan or its successor as provided by the Department of
Insurance). Qualified applicants must be 19 years of age or older,
have a driver's license for the past three years, and meet income
eligibility requirements (insert income example provided by
Department of Insurance)."
   (c) (1) Notwithstanding any other provision of this code, before a
registration is reinstated after suspension, cancellation, or
revocation, there shall be paid to the department, in addition to any
other fees required by this code, a fee sufficient to pay the cost
of the reissuance as determined by the department.
   (2) Commencing on January 1, 2011, the reissuance fee imposed by
paragraph (1) shall not apply to a member of the California National
Guard or the United States Armed Forces who was on active duty,
serving outside of this state in a military conflict during a time of
war, as defined in Section 18 of the Military and Veterans Code, at
the time of the suspension, cancellation, or revocation of his or her
vehicle registration. The person shall submit a copy of his or her
official military orders upon requesting the registration
reinstatement. 
  SECTION 1.    Section 4000.2 of the Vehicle Code
is amended to read:
   4000.2.  (a) Except as otherwise provided in subdivision (b) of
Section 43654 of the Health and Safety Code, and, commencing on April
1, 2005, except for model-years exempted from biennial inspection
pursuant to Section 44011 of the Health and Safety Code, the
department shall require upon registration of a motor vehicle subject
to Part 5 (commencing with Section 43000) of Division 26 of the
Health and Safety Code, previously registered outside this state, a
valid certificate of compliance or a certificate of noncompliance, as
appropriate, issued in accordance with Section 44015 of the Health
and Safety Code.
   (b) For the purposes of determining the validity of a certificate
of compliance or noncompliance submitted pursuant to this section,
the definitions of new and used motor vehicle contained in Chapter 2
(commencing with Section 39010) of Part 1 of Division 26 of the
Health and Safety Code shall control.