Not Ranked
Here's the nuts and bolts of it from the CA site:
INTRODUCED BY Assembly Member Emmerson
FEBRUARY 21, 2007
An act to add and repeal Section 9565 to the Vehicle Code,
relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 619, as introduced, Emmerson. Vehicle registration amnesty
program.
Existing law generally requires all vehicles operating upon the
highways of this state to be registered and all fees and taxes to
have been paid.
This bill would require the Department of Motor Vehicles to
develop and administer a vehicle registration amnesty program for
vehicles that have been previously registered or incorrectly
classified. A participant in the program would be required to
complete an amnesty application with the department, signed under
penalty of perjury, by December 31, 2008. Because a violation of this
provision would expand the scope of the crime of perjury, this bill
would impose a state-mandated local program.
These provisions would be repealed on January 1, 2010.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) It is the intent of the Legislature in enacting a
vehicle registration amnesty program to improve compliance with state
vehicle registration laws and accelerate and increase collections of
certain owed state fees and taxes.
(b) The Legislature finds and declares that a public purpose is
served by the waiver of criminal prosecution in return for the
immediate reporting and payment of previously underreported,
nonreported, or certain nonpaid vehicle registration fees and taxes.
The benefits gained by an amnesty program include, among other
things, accelerated receipt of certain owed fees and taxes,
permanently bringing into the vehicle registration system vehicles
that have been previously misidentified to avoid appropriative state
taxes and fees and providing an opportunity for vehicle owners to
correct their vehicle registration requirements and satisfy tax and
fee obligations before stepped-up vehicle registration enforcement
programs take effect.
(c) Further, the legislative intent of enacting this amnesty
program is that the program is a one-time occurrence that shall not
be repeated in the future, because any expectations of future amnesty
programs could have a counterproductive effect on current
compliance.
SEC. 2. Section 9565 is added to the Vehicle Code, to read:
9565. (a) The department shall develop and administer a vehicle
registration amnesty program for vehicles that have been previously
registered or incorrectly classified. That program shall include the
following components:
(1) The department shall collect all fees and penalties owed for
the underreporting of vehicle value and the nonpayment of taxes or
fees previously determined or proposed to be determined.
(2) Except as provided in subdivision (b), a criminal action for
false statements relating to the value, make, model, or a failure to
register the vehicle shall not be brought against a current vehicle
owner who has made a request for amnesty under this section.
(b) This section does not apply to violations of this code for
which, as of January 1, 2008, either of the following applies:
(1) The current vehicle owner is on notice of a criminal
investigation by a complaint having been filed against him or her, or
by written notice having been mailed to him or her, that he or she
is under criminal investigation.
(2) A criminal court proceeding involving the vehicle has already
been initiated against the current vehicle owner.
(c) A vehicle participating in this amnesty program is required to
be either of the following:
(1) Correctly registered under this code.
(2) Issued a certificate of ownership without registration
pursuant to Section 4452.
(d) To be eligible to participate in this vehicle registration
amnesty program, the vehicle's current owner shall do all of the
following by December 31, 2008:
(1) File a completed amnesty application with the department
attesting, under penalty of perjury, to the owner's eligibility to
participate in the vehicle registration amnesty program.
(A) Has applied to register the vehicle under existing law or has
obtained a certificate of ownership without registration pursuant to
Section 4452.
(B) Discloses to the department the make, model, and the true cost
of the vehicle including parts and labor.
(C) Pay in full the fees, taxes, and penalties due on the vehicle
for which amnesty is requested.
This section shall remain in effect only until January 1, 2010 and
as of that date is repealed, unless a later enacted statute, that is
enacted before January 1, 2010, deletes or extends that date.
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.
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