Bill Text: CA AB425 | 2009-2010 | Regular Session | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Vehicles: registration: reissuance fee exemption:

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2009-08-06 - Chaptered by Secretary of State - Chapter 107, Statutes of 2009. [AB425 Detail]

Download: California-2009-AB425-Enrolled.html

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BILL NUMBER: AB 425	ENROLLED
	BILL TEXT

	PASSED THE SENATE  JULY 9, 2009
	PASSED THE ASSEMBLY  MAY 14, 2009
	AMENDED IN ASSEMBLY  APRIL 21, 2009

INTRODUCED BY   Assembly Member Cook

                        FEBRUARY 23, 2009

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 425, Cook. Vehicles: registration: reissuance fee exemption:
military.
   Existing law requires the Department of Motor Vehicles to suspend,
cancel, or revoke the registration of a vehicle where the financial
responsibility requirements have not been met. The person seeking
reinstatement of the vehicle registration is required to pay a fee
sufficient to pay the cost of the reissuance as determined by the
department.
   This bill would, commencing on January 1, 2011, exempt 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 at the time of the suspension,
cancellation, or revocation of the vehicle registration, from paying
the reissuance fee. The person would be required to submit a copy of
his or her official military orders upon requesting the registration
reinstatement.


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 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, bold type not less than 12 point in size, and in both English
and Spanish, stating the following:
   "A program offering affordable automobile insurance to low-income
households has been established. To determine if you are eligible for
this insurance, call (insert toll-free phone number for the
California Automobile Assigned Risk Plan or its successor). This call
is free to you and may be made during normal business hours, Monday
through Friday, except holidays."
   (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.