2021 California Code
Business and Professions Code - BPC
DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY
CHAPTER 20.3 - Automotive Repair
ARTICLE 2 - Administration
(a) There is in the department an enforcement program that shall investigate violations of this chapter and the Motor Vehicle Inspection and Maintenance Program (Chapter 5 (commencing with Section 44000) of Part 5 of Division 2 of the Health and Safety Code) and any regulations adopted thereunder.
(b) (1) When purchasing undercover vehicles to be used for evidentiary purposes as part of the investigation, the department may purchase motor vehicles of various makes, models, and condition. These acquisitions shall be exempt from the following requirements:
(A) Chapter 5.5 (commencing with Section 8350) of Division 1 of Title 2 of the Government Code.
(B) Section 12990 of the Government Code and any applicable regulations promulgated thereunder.
(C) Subdivision (a) of Section 13332.09 of the Government Code.
(D) Section 14841 of the Government Code and subdivision (d) of Section 999.5 of the Military and Veterans Code.
(E) Sections 2010, 10286.1, 10295.1, 10295.3, 10295.35, 10296, and 12205 and Article 13 (commencing with Section 10475) of Chapter 2 of Part 2 of Division 2 of the Public Contract Code.
(F) Section 42480 of the Public Resources Code.
(2) After purchase, the department may prepare the vehicle for use in an investigation by disabling, modifying, or otherwise changing the vehicle’s emission control system components or any other part or parts of the vehicle. To complete the investigation, the department may purchase or attempt to purchase repairs, services, or parts from those entities licensed or registered by the department. The funds for the preparation and purchases shall be not subject to the monetary limit specified in Section 16404 of the Government Code, but the department shall comply with all other provisions of that section. The department shall implement the safeguards necessary to ensure the proper use and disbursement of funds utilized pursuant to this section. These expenses may be paid out of the Consumer Affairs Fund established pursuant to Section 204.
(3) Vehicles acquired pursuant to this subdivision shall be exempt from requirements established pursuant to Chapter 8.3 (commencing with Section 25722) of Division 15 of the Public Resources Code.
(4) The department shall maintain an inventory of these vehicles and provide semiannual fleet reports to the Department of General Services including, but not limited to, the vehicle’s identification number, equipment number, and acquisition and disposal information.
(5) Records associated with these vehicles are exempt from disclosure pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
(Amended by Stats. 2020, Ch. 370, Sec. 13. (SB 1371) Effective January 1, 2021. Superseded on January 1, 2023; see amendment by Stats. 2021, Ch. 615.)