AB 812

Current law requires the Department of Transportation (DOT) to operate a

motor vehicle emission inspection and maintenance program (I/M program) in

counties in which the air quality does not meet certain federal standards. Under the

I/M program, most motor vehicles that are subject to emission limitations

established by the Department of Natural Resources must pass periodic emission

inspections and may not be registered by DOT unless they have passed these

inspections.

This bill prohibits a person from knowingly doing any of the following: 1)

altering data from an emission inspection, 2) submitting a false report of data from

a required emission inspection, and 3) attributing data from an emission inspection

to a vehicle other than the vehicle tested. A person who violates any of these

provisions is generally subject to a forfeiture of not more than $500. However, if the

violator is the person performing the emission inspection, that person is guilty of a

class H felony and may be fined not more than $10,000 or imprisoned not more than

6 years, or both.

Also under this bill, DOT must refuse to register a motor vehicle for which the

most recent emission inspection involved a violation of one of the above prohibitions

related to emission inspections.

Under current law, a person may not, in an application for license or

registration, provide a false name, misrepresent where a vehicle is customarily kept,

or apply in the name of a person other than the true owner of the vehicle. A person

who violates these prohibitions may be fined not more than $200 or imprisoned not

more than 6 months or both.

This bill prohibits a person from submitting an application for registration of

a motor vehicle if the application includes evidence from an emission inspection that

the person knows involved a violation of one of the above prohibitions related to

emissions inspections. A person who violates this provision may be fined not more

than $200 or imprisoned not more than 6 months or both.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report concerning the proposed penalty and the costs or savings that are likely to

result if the bill is enacted.