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AB-238 Unlicensed automobile dismantlers: enforcement and compliance activities. (2019-2020)

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Date Published: 01/18/2019 09:00 PM
AB238:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 238


Introduced by Assembly Member Santiago

January 18, 2019


An act to amend Section 11545 of the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 238, as introduced, Santiago. Unlicensed automobile dismantlers: enforcement and compliance activities.
Under existing law, it is unlawful for any person to act as an automobile dismantler without having an established place of business, meeting specified requirements, and having a current, valid license or temporary permit issued by the Department of Motor Vehicles. Existing law, until January 1, 2020, requires the department to collaborate with specified state agencies to review and coordinate enforcement and compliance activity related to unlicensed and unregulated automobile dismantling, including resulting tax evasion, environmental impacts, and public health impacts. Existing law requires the department, in consultation with those agencies, on or before January 1, 2019, to submit a report to the Legislature including specified enforcement and compliance information.
This bill would extend those provisions relating to the review and coordination requirement to January 1, 2023, and would make related technical changes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 11545 of the Vehicle Code is amended to read:

11545.
 (a) The department shall collaborate with the State Board of Equalization, California Department of Tax and Fee Administration, the California Environmental Protection Agency, the Department of Toxic Substances Control, the State Water Resources Control Board, the Department of Resources Recycling and Recovery, and the State Air Resources Board to review and coordinate enforcement and compliance activity related to unlicensed and unregulated automobile dismantling, including resulting tax evasion, environmental impacts, and public health impacts.
(b) The department, along with the agencies listed in subdivision (a), may collaborate with and solicit information from district attorneys, certified unified program agencies, code enforcement agencies, and any other federal, state, or local agencies with jurisdictions over unlicensed and unregulated automobile dismantlers to achieve the purposes of this section.

(c)(1)On or before January 1, 2019, the department, in collaboration with the State Board of Equalization, the California Environmental Protection Agency, the Department of Toxic Substances Control, the State Water Resources Control Board, the Department of Resources Recycling and Recovery, and the State Air Resources Board, shall submit a report to the Legislature including, but not limited to, the following:

(A)The number of unlicensed dismantlers investigated and the number of investigations that resulted in an administrative enforcement action, a civil enforcement action, or criminal prosecution.

(B)Any identified statutory or regulatory gaps for investigating and prosecuting unlicensed automobile dismantlers.

(C)Information on how vehicles are acquired by unlicensed dismantlers, places where unlicensed activity is suspected or known to occur, and the types of facilities where unlicensed activity tends to occur.

(D)A summary of the barriers to adequate and efficient enforcement of environmental, tax, and licensing statutes and regulations against unlicensed dismantlers.

(E)Proposed strategies for bringing unlicensed dismantlers into compliance through compliance assistance, education and training, or other identified methods.

(F)Recommendations for modifying, eliminating, or continuing the coordinated enforcement and compliance activities pursuant to this section.

(G)Recommendations for statutory or regulatory changes, or both, needed to better allow for enforcement against unlicensed automobile dismantlers.

(2)The report required by this subdivision shall be submitted to the Legislature pursuant to Section 9795 of the Government Code.

(d)

(c) This section shall remain in effect only until January 1, 2020, 2023, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, 2023, deletes or extends that date.