Bill Text: CA AB281 | 2013-2014 | Regular Session | Introduced

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Bill Title: Vehicle registration: late penalties: waiver.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-01-21 - From committee without further action pursuant to Joint Rule 62(a). [AB281 Detail]

Download: California-2013-AB281-Introduced.html

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BILL NUMBER: AB 281	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Donnelly

                        FEBRUARY 11, 2013

   An act to amend Section 9562 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 281, as introduced, Donnelly. Vehicle registration: late
penalties: waiver.
   Existing law imposes renewal fee penalties for late payment of
vehicle registration except in limited specified cases. Existing law
authorizes the Department of Motor Vehicles to waive the registration
penalties accrued prior to the purchase of a vehicle upon payment
for the fees for registration due, if the transferee or purchaser was
not aware that the fees were unpaid. Existing law also authorizes
the department to waive the registration fees that became due prior
to the purchase of the vehicle if the transferee or purchaser was not
aware that the fees were unpaid and the license plate assigned to
the vehicle displays a validating device issued by the department
that contains the year number of the registration year for which the
transferee or purchaser is requesting a waiver of fees. Existing law
further provides that these unpaid fees and penalties are the
personal debt of the transferor of the vehicle and may be collected
by the department in an appropriate civil action if the department
has waived the fees and penalties.
   This bill would instead require the department to waive delinquent
registration fees and penalties when a transferee or purchaser of a
vehicle applies for a transfer of registration if the department
determines that the fees became due or the penalties accrued prior to
the purchase of the vehicle.
   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 9562 of the Vehicle Code is amended to read:
   9562.  (a) When a transferee or purchaser of a vehicle applies for
transfer of registration, as provided in Section 5902, and it is
determined by the department that registration  fees for any year
are unpaid and due, or that registration penalties have accrued, but
that the fees became due or the  penalties accrued prior to the
purchase of the vehicle,  and that the transferee or
purchaser was not cognizant of the nonpayment of the fees for
registration for the current or prior registration years, 
the department may   shall  waive the 
delinquent  registration  fees and  penalties 
upon payment of the fees for registration due   , and
may collect these fees and penalties from the seller or transferor
pursuant to subdivision (c)  .
   (b) Other provisions of this code notwithstanding, the director
may, at his or her discretion, investigate into the circumstances of
any application for registration to ascertain if penalties had
accrued through no fault or intent of the owner. If the director
determines that the circumstances justify it, he or she may waive any
penalties upon payment of the fees for registration then due.

   (c) When a transferee or purchaser of a vehicle applies for
transfer of registration of a vehicle, and it is determined by the
department that fees for registration of the vehicle for any year are
unpaid and due, that the fees became due prior to the transfer or
purchase of the vehicle by the transferee or purchaser and that the
transferee or purchaser was not cognizant of the fact that the fees
were unpaid and due, the department may waive the fees and any
penalty thereon if the license plate assigned to the vehicle displays
a validating device issued by the department and the validating
device contains the year number of the registration year for which
the transferee or purchaser is requesting a waiver of fees and
penalties.  
   (d) 
    (c)  Upon the transfer of a vehicle for which fees for
registration and any penalties thereon are unpaid and due, the fees
and penalties are, notwithstanding the provisions of Article 6
(commencing with Section 9800) of this chapter, the personal debt of
the transferor of the vehicle who did not pay the fees and penalties
when they became due or accrued. The fees and penalties may be
collected by the department in an appropriate civil action if the
department has waived the fees and penalties pursuant to subdivision
 (c)   (a)  .