Administration
Cal. BPC § 9882.6
California Statutes
(
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 of Division 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 of Title of the Government Code. (
B) Section of the Government Code and any applicable regulations promulgated thereunder. (
C) Subdivision (
a) of
Section 13332.09 of the Government Code. (
D) Section 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 and
Article 13 (commencing with
Section 10475) of
Chapter of Part of Division of the Public Contract Code. (
F) Section 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 not be subject to the monetary limit specified in
Section 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 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 (Division 10 (commencing with