| 1 | | - | Amended IN Assembly May 04, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2996Introduced by Assembly Member Eduardo GarciaFebruary 21, 2020 An act to add Section 11700.4 to the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTAB 2996, as amended, Eduardo Garcia. Vehicle registration: certificates of title. Vehicle exports.Existing law prohibits a person from acting as a dealer, remanufacturer, manufacturer, or transporter, or as a manufacturer branch, remanufacturer branch, distributor, or distributor branch of a vehicle without having first been issued a license. Existing law exempts a dealer who does not have an established place of business in this state but is authorized in another state if the business transacted in California is limited to the importation of vehicles for sale to, or the export of vehicles purchased from, persons licensed in California. Existing law makes a violation of these provisions a crime under other provisions of existing law.This bill would prohibit a dealer from selling, or a vehicle from being sold at an auto auction, to an export buyer if the vehicle does not meet the criteria for import to the country where the vehicle will be imported. The bill would require a dealer to ask an export buyer where the vehicle is intended to be exported and send a record of those answers to the Department of Motor Vehicles no later than December 1 of each year. The bill would prohibit an export buyer from selling a vehicle purchased for export to a California resident in the state. Because a violation of this prohibition would be a crime under other provisions of existing law, the bill would impose a state-mandated local program by creating a new crime.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.Existing law makes findings and declarations that when vehicles are exported and their title records are not amended to reflect exportation, it is conducive to vehicle theft and insurance fraud. Existing law requires an owner of a vehicle titled in California who seeks to export the vehicle to appear at the Department of Motor Vehicles with the certificate of title to ascertain whether there are any liens of record outstanding and whether the person exporting the vehicle is the lawful owner.This bill would declare the intent of the Legislature to enact legislation relating to automobiles designated for export.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 11700.4 is added to the Vehicle Code, to read:11700.4. (a) (1) A dealer shall not sell, and a vehicle shall not be sold at an auto auction, to an export buyer if the vehicle does not meet the criteria for import to the country to which the vehicle will be imported.(2) (A) A dealer shall ask an export buyer where the vehicle is intended to be exported and shall record the export buyers answers.(B) A dealer shall send a compiled yearly report of the answers from subparagraph (A) to the department no later than December 1 of each year.(b) (1) An export buyer shall not sell a vehicle purchased for export to a California resident in the state.(2) If an export buyer is found to have sold a vehicle purchased from an auto auction or dealer for export to a California resident in the state in violation of paragraph (1), then the export buyer shall no longer be permitted to buy vehicles from a dealer or at an auto auction.(c) Nontaxable wholesale sales of vehicles to export buyers by a dealer shall not be permitted without maintaining copies of documentation of the export buyer for exporting.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.SECTION 1.It is the intent of the Legislature to enact legislation relating to automobiles designated for export. |
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| 1 | + | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2996Introduced by Assembly Member Eduardo GarciaFebruary 21, 2020 An act relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTAB 2996, as introduced, Eduardo Garcia. Vehicle registration: certificates of title.Existing law makes findings and declarations that when vehicles are exported and their title records are not amended to reflect exportation, it is conducive to vehicle theft and insurance fraud. Existing law requires an owner of a vehicle titled in California who seeks to export the vehicle to appear at the Department of Motor Vehicles with the certificate of title to ascertain whether there are any liens of record outstanding and whether the person exporting the vehicle is the lawful owner.This bill would declare the intent of the Legislature to enact legislation relating to automobiles designated for export.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. It is the intent of the Legislature to enact legislation relating to automobiles designated for export. |
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| 3 | | - | Amended IN Assembly May 04, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2996Introduced by Assembly Member Eduardo GarciaFebruary 21, 2020 An act to add Section 11700.4 to the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTAB 2996, as amended, Eduardo Garcia. Vehicle registration: certificates of title. Vehicle exports.Existing law prohibits a person from acting as a dealer, remanufacturer, manufacturer, or transporter, or as a manufacturer branch, remanufacturer branch, distributor, or distributor branch of a vehicle without having first been issued a license. Existing law exempts a dealer who does not have an established place of business in this state but is authorized in another state if the business transacted in California is limited to the importation of vehicles for sale to, or the export of vehicles purchased from, persons licensed in California. Existing law makes a violation of these provisions a crime under other provisions of existing law.This bill would prohibit a dealer from selling, or a vehicle from being sold at an auto auction, to an export buyer if the vehicle does not meet the criteria for import to the country where the vehicle will be imported. The bill would require a dealer to ask an export buyer where the vehicle is intended to be exported and send a record of those answers to the Department of Motor Vehicles no later than December 1 of each year. The bill would prohibit an export buyer from selling a vehicle purchased for export to a California resident in the state. Because a violation of this prohibition would be a crime under other provisions of existing law, the bill would impose a state-mandated local program by creating a new crime.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.Existing law makes findings and declarations that when vehicles are exported and their title records are not amended to reflect exportation, it is conducive to vehicle theft and insurance fraud. Existing law requires an owner of a vehicle titled in California who seeks to export the vehicle to appear at the Department of Motor Vehicles with the certificate of title to ascertain whether there are any liens of record outstanding and whether the person exporting the vehicle is the lawful owner.This bill would declare the intent of the Legislature to enact legislation relating to automobiles designated for export.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES |
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| 3 | + | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2996Introduced by Assembly Member Eduardo GarciaFebruary 21, 2020 An act relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTAB 2996, as introduced, Eduardo Garcia. Vehicle registration: certificates of title.Existing law makes findings and declarations that when vehicles are exported and their title records are not amended to reflect exportation, it is conducive to vehicle theft and insurance fraud. Existing law requires an owner of a vehicle titled in California who seeks to export the vehicle to appear at the Department of Motor Vehicles with the certificate of title to ascertain whether there are any liens of record outstanding and whether the person exporting the vehicle is the lawful owner.This bill would declare the intent of the Legislature to enact legislation relating to automobiles designated for export.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO |
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| 28 | | - | Existing law prohibits a person from acting as a dealer, remanufacturer, manufacturer, or transporter, or as a manufacturer branch, remanufacturer branch, distributor, or distributor branch of a vehicle without having first been issued a license. Existing law exempts a dealer who does not have an established place of business in this state but is authorized in another state if the business transacted in California is limited to the importation of vehicles for sale to, or the export of vehicles purchased from, persons licensed in California. Existing law makes a violation of these provisions a crime under other provisions of existing law.This bill would prohibit a dealer from selling, or a vehicle from being sold at an auto auction, to an export buyer if the vehicle does not meet the criteria for import to the country where the vehicle will be imported. The bill would require a dealer to ask an export buyer where the vehicle is intended to be exported and send a record of those answers to the Department of Motor Vehicles no later than December 1 of each year. The bill would prohibit an export buyer from selling a vehicle purchased for export to a California resident in the state. Because a violation of this prohibition would be a crime under other provisions of existing law, the bill would impose a state-mandated local program by creating a new crime.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.Existing law makes findings and declarations that when vehicles are exported and their title records are not amended to reflect exportation, it is conducive to vehicle theft and insurance fraud. Existing law requires an owner of a vehicle titled in California who seeks to export the vehicle to appear at the Department of Motor Vehicles with the certificate of title to ascertain whether there are any liens of record outstanding and whether the person exporting the vehicle is the lawful owner.This bill would declare the intent of the Legislature to enact legislation relating to automobiles designated for export. |
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| 30 | | - | Existing law prohibits a person from acting as a dealer, remanufacturer, manufacturer, or transporter, or as a manufacturer branch, remanufacturer branch, distributor, or distributor branch of a vehicle without having first been issued a license. Existing law exempts a dealer who does not have an established place of business in this state but is authorized in another state if the business transacted in California is limited to the importation of vehicles for sale to, or the export of vehicles purchased from, persons licensed in California. Existing law makes a violation of these provisions a crime under other provisions of existing law. |
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| 31 | | - | |
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| 32 | | - | This bill would prohibit a dealer from selling, or a vehicle from being sold at an auto auction, to an export buyer if the vehicle does not meet the criteria for import to the country where the vehicle will be imported. The bill would require a dealer to ask an export buyer where the vehicle is intended to be exported and send a record of those answers to the Department of Motor Vehicles no later than December 1 of each year. The bill would prohibit an export buyer from selling a vehicle purchased for export to a California resident in the state. Because a violation of this prohibition would be a crime under other provisions of existing law, the bill would impose a state-mandated local program by creating a new crime. |
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| 33 | | - | |
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| 34 | | - | 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. |
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| 35 | | - | |
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| 36 | | - | This bill would provide that no reimbursement is required by this act for a specified reason. |
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| 28 | + | Existing law makes findings and declarations that when vehicles are exported and their title records are not amended to reflect exportation, it is conducive to vehicle theft and insurance fraud. Existing law requires an owner of a vehicle titled in California who seeks to export the vehicle to appear at the Department of Motor Vehicles with the certificate of title to ascertain whether there are any liens of record outstanding and whether the person exporting the vehicle is the lawful owner.This bill would declare the intent of the Legislature to enact legislation relating to automobiles designated for export. |
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| 62 | | - | 11700.4. (a) (1) A dealer shall not sell, and a vehicle shall not be sold at an auto auction, to an export buyer if the vehicle does not meet the criteria for import to the country to which the vehicle will be imported.(2) (A) A dealer shall ask an export buyer where the vehicle is intended to be exported and shall record the export buyers answers.(B) A dealer shall send a compiled yearly report of the answers from subparagraph (A) to the department no later than December 1 of each year.(b) (1) An export buyer shall not sell a vehicle purchased for export to a California resident in the state.(2) If an export buyer is found to have sold a vehicle purchased from an auto auction or dealer for export to a California resident in the state in violation of paragraph (1), then the export buyer shall no longer be permitted to buy vehicles from a dealer or at an auto auction.(c) Nontaxable wholesale sales of vehicles to export buyers by a dealer shall not be permitted without maintaining copies of documentation of the export buyer for exporting. |
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| 63 | | - | |
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| 64 | | - | 11700.4. (a) (1) A dealer shall not sell, and a vehicle shall not be sold at an auto auction, to an export buyer if the vehicle does not meet the criteria for import to the country to which the vehicle will be imported.(2) (A) A dealer shall ask an export buyer where the vehicle is intended to be exported and shall record the export buyers answers.(B) A dealer shall send a compiled yearly report of the answers from subparagraph (A) to the department no later than December 1 of each year.(b) (1) An export buyer shall not sell a vehicle purchased for export to a California resident in the state.(2) If an export buyer is found to have sold a vehicle purchased from an auto auction or dealer for export to a California resident in the state in violation of paragraph (1), then the export buyer shall no longer be permitted to buy vehicles from a dealer or at an auto auction.(c) Nontaxable wholesale sales of vehicles to export buyers by a dealer shall not be permitted without maintaining copies of documentation of the export buyer for exporting. |
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| 65 | | - | |
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| 66 | | - | 11700.4. (a) (1) A dealer shall not sell, and a vehicle shall not be sold at an auto auction, to an export buyer if the vehicle does not meet the criteria for import to the country to which the vehicle will be imported.(2) (A) A dealer shall ask an export buyer where the vehicle is intended to be exported and shall record the export buyers answers.(B) A dealer shall send a compiled yearly report of the answers from subparagraph (A) to the department no later than December 1 of each year.(b) (1) An export buyer shall not sell a vehicle purchased for export to a California resident in the state.(2) If an export buyer is found to have sold a vehicle purchased from an auto auction or dealer for export to a California resident in the state in violation of paragraph (1), then the export buyer shall no longer be permitted to buy vehicles from a dealer or at an auto auction.(c) Nontaxable wholesale sales of vehicles to export buyers by a dealer shall not be permitted without maintaining copies of documentation of the export buyer for exporting. |
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| 68 | | - | |
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| 70 | | - | 11700.4. (a) (1) A dealer shall not sell, and a vehicle shall not be sold at an auto auction, to an export buyer if the vehicle does not meet the criteria for import to the country to which the vehicle will be imported. |
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| 71 | | - | |
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| 72 | | - | (2) (A) A dealer shall ask an export buyer where the vehicle is intended to be exported and shall record the export buyers answers. |
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| 73 | | - | |
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| 74 | | - | (B) A dealer shall send a compiled yearly report of the answers from subparagraph (A) to the department no later than December 1 of each year. |
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| 75 | | - | |
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| 76 | | - | (b) (1) An export buyer shall not sell a vehicle purchased for export to a California resident in the state. |
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| 77 | | - | |
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| 78 | | - | (2) If an export buyer is found to have sold a vehicle purchased from an auto auction or dealer for export to a California resident in the state in violation of paragraph (1), then the export buyer shall no longer be permitted to buy vehicles from a dealer or at an auto auction. |
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| 79 | | - | |
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| 80 | | - | (c) Nontaxable wholesale sales of vehicles to export buyers by a dealer shall not be permitted without maintaining copies of documentation of the export buyer for exporting. |
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| 81 | | - | |
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| 82 | | - | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
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| 84 | | - | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
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| 86 | | - | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
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| 88 | | - | ### SEC. 2. |
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| 90 | | - | |
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| 91 | | - | |
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| 92 | | - | It is the intent of the Legislature to enact legislation relating to automobiles designated for export. |
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