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AB-2796 State highway routes: Route 241.(2017-2018)

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Date Published: 04/16/2018 09:00 PM
AB2796:v98#DOCUMENT

Amended  IN  Assembly  April 16, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2796


Introduced by Assembly Member Lackey Chávez
(Coauthors: Assembly Members Choi and Nazarian)(Coauthor: Senator Moorlach)

February 16, 2018


An act to amend Sections 4456.2 and 4456.5 of the Vehicle Code, relating to vehicles. Section 541 of the Streets and Highways Code, relating to state highways.


LEGISLATIVE COUNSEL'S DIGEST


AB 2796, as amended, Lackey Chávez. Vehicles: dealer vehicle sale reporting system: emergency contacts. State highway routes: Route 241.
Existing law establishes the State Highway System and designates state highway routes from Route 1 to Route 905. Existing law designates Route 241 from Route 5 south of San Clemente to Route 91 in the City of Anaheim.
This bill would instead designate Route 241 from Oso Parkway in the City of Mission Viejo to Route 91 in the City of Anaheim.

Existing law requires the Department of Motor Vehicles to develop, by January 1, 2019, a system for dealers and lessor-retailers to electronically report the sale of a vehicle before the vehicle is delivered to the purchaser. Existing law requires the system to conform to specified conditions, including requirements that the system record vehicle information, and purchaser name and address, and generate temporary license plates, as specified. Existing law authorizes a dealer to charge a purchaser or lessee certain charges, including an electronic filing charge for services related to reporting vehicle sales and producing temporary license plates. Existing law restricts access to the dealer reporting system to authorized users of the department’s vehicle registration and occupational licensing databases.

Existing law requires hospitals to make reasonable efforts to contact the agent, surrogate, or family of patients who are otherwise incapable of communication.

This bill would require the dealer reporting system to record the emergency contact information provided by a purchaser or lessee, as specified. The bill would authorize a dealer to include within the electronic filing charge imposed on a purchaser or lessee, the costs of reporting emergency contact information. The bill would require law enforcement personnel, when practicable, to expeditiously provide emergency contact information from the system, either verbal or written, to the emergency department of a general acute care hospital receiving a motor vehicle crash victim who is unconscious or otherwise incapable of communication. By imposing additional duties on local law enforcement agencies, this bill would impose a state-mandated local program.

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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YESNO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 541 of the Streets and Highways Code is amended to read:

541.
 Route 241 is from Route 5 south of San Clemente Oso Parkway in the City of Mission Viejo to Route 91 in the City of Anaheim.

SECTION 1.Section 4456.2 of the Vehicle Code is amended to read:
4456.2.

(a)The department shall develop a system for dealers and lessor-retailers to electronically report the sale of a vehicle before the vehicle is delivered to the purchaser. At minimum, the system shall conform to the following conditions:

(1)The system shall provide a licensed dealer with the forms for use as prescribed in subdivision (a) of Section 4456.

(2)For a vehicle that does not already display license plates, the system shall also produce a temporary license plate to be used and displayed in lieu of license plates, pursuant to subdivision (c) of Section 4456. The temporary license plate shall display the report-of-sale number, expiration date, and any other information deemed necessary by the department.

(3)The dealer reporting system shall assign each transaction a unique report-of-sale number that will be displayed on the report-of-sale forms and any temporary license plate.

(4)The system shall record the vehicle identification number, vehicle year, model and make, name of dealer or lessor-retailer, purchaser name and address, emergency contact information, and any other information deemed necessary by the department.

(b)The department shall develop standards for temporary license plates produced pursuant to this section. The standards shall specify content, format, and physical attributes that are cost effective and reasonably necessary to create appropriately durable and legible temporary license plates, including the type and quality of paper, ink, and printer required to create the temporary license plates.

(c)Access to the dealer reporting system shall be restricted to authorized users of the department’s vehicle registration and occupational licensing databases.

(d)If a motor vehicle crash victim is rendered unable to communicate due to physical injury, law enforcement personnel shall, when practicable, expeditiously provide verbal or written emergency contact information from the dealer reporting system to the emergency department of a general acute care hospital receiving a motor vehicle crash victim who is unconscious or otherwise incapable of communication.

(e)Neither the law enforcement officer nor the law enforcement agency that employs that law enforcement officer is liable if the general acute care hospital is not able to make contact with the designated emergency contact person.

(f)A dealer is not liable for any damages, costs, or expenses, including, but not limited to, consequential damages arising or resulting from any inaccurate emergency contact information or dealer reporting system unavailability.

(g)The department shall make the dealer reporting system operational for use no later than January 1, 2019.

SEC. 2.Section 4456.5 of the Vehicle Code, as added by Section 6 of Chapter 90 of the Statutes of 2016, is amended to read:
4456.5.

(a)A dealer may charge the purchaser or lessee of a vehicle the following charges:

(1)A document processing charge for the preparation and processing of documents, disclosures, and titling, registration, and information security obligations imposed by state and federal law. The dealer document processing charge shall not be represented as a governmental fee.

(A)If a dealer has a contractual agreement with the department to be a private industry partner pursuant to Section 1685, the document processing charge shall not exceed eighty-five dollars ($85).

(B)If a dealer does not have a contractual agreement with the department to be a private industry partner pursuant to Section 1685, the document processing charge shall not exceed seventy dollars ($70).

(2)An electronic filing charge, not to exceed the actual amount the dealer is charged by a first-line service provider for providing license plate processing, postage, and the fees and services authorized pursuant to subdivisions (a) and (d) of Section 1685, including services related to reporting vehicle sales, producing temporary license plates pursuant to Sections 4456 and 4456.2, and reporting emergency contact information. The electronic filing charge shall not be used to pay for additional fees, goods, or services not directly related to the electronic registration of a motor vehicle, including, but not limited to, the receipt by the dealer of free or discounted goods, services, or financial incentives. The director may establish, through the adoption of regulations, the maximum amount that a first-line service provider may charge a dealer. The electronic filing charge shall not be represented as a governmental fee.

(b)As used in this section, the term “first-line service provider” shall have the same meaning as defined in subdivision (b) of Section 1685.

(c)This section does not prohibit a first-line service provider from entering into contracts with dealers for products and services unrelated to electronic vehicle registration services.

(d)This section shall become operative on January 1, 2019.

SEC. 3.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.