California Senate Bill SB165 Amended / Bill

 BILL NUMBER: SB 165AMENDED BILL TEXT AMENDED IN ASSEMBLY JUNE 22, 2010 AMENDED IN ASSEMBLY JUNE 23, 2009 AMENDED IN SENATE MAY 26, 2009 AMENDED IN SENATE APRIL 14, 2009 INTRODUCED BY Senator Lowenthal FEBRUARY 14, 2009  An act to amend Section 40203.5 of the Vehicle Code, relating to vehicles.   An act to amend Section 44017.4 of the Health and Safety Code, and to amend Section 4750.1 of the Vehicle Code, relating to vehicles.  LEGISLATIVE COUNSEL'S DIGEST SB 165, as amended, Lowenthal. Vehicles:  parking violation.   specially constructed vehicles.   Existing law defines a specially constructed vehicle as a vehicle that is built for private use, not for resale, and is not constructed by a licensed manufacturer or remanufacturer. Existing law requires all specially constructed vehicles to be subject to the emission control system testing and certification requirements established by the Department of Consumer Affairs. Existing law requires a passenger vehicle or pickup truck that is a specially constructed vehicle to be inspected by stations authorized to perform referee functions, and requires the Department of Motor Vehicles, with regard to no more than the first 500 specially constructed vehicles that are presented to the department each year for registration, to provide a registration under which the owner may elect to have an inspection based on the engine model year used in the vehicle or the vehicle model-year.   This bill would recast these provisions, and in addition would provide that the registered owner of a specially constructed vehicle that is currently registered may apply to register the vehicle using a different model year in accordance with these provisions.   Existing law makes it a violation for a person to park or leave standing a vehicle in a stall or space designated for disabled persons and disabled veterans unless the vehicle displays a special identification license plate or a distinguishing placard.   This bill would establish a schedule of penalties, which are collected as civil penalties, for the violation of the above provision.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 44017.4 of the   Health and Safety Code   is amended to read:  44017.4. (a) Upon registration with the Department of Motor Vehicles, a passenger vehicle or pickup truck that is a specially constructed vehicle, as defined in Section 580 of the Vehicle Code, shall be inspected by stations authorized to perform referee functions. This inspection shall be for the purposes of determining the engine model-year used in the vehicle or the vehicle model-year, and the emission control system application. The owner shall have the option to choose whether the inspection is based on the engine model-year used in the vehicle or the vehicle model-year. (1) In determining the engine model-year, the referee shall compare the engine to engines of the era that the engine most closely resembles. The referee shall assign the 1960 model-year to the engine in any specially constructed vehicle that does not sufficiently resemble a previously manufactured engine. The referee shall require only those emission control systems that are applicable to the established engine model-year and that the engine reasonably accommodates in its present form. (2) In determining the vehicle model-year, the referee shall compare the vehicle to vehicles of the era that the vehicle most closely resembles. The referee shall assign the 1960 model-year to any specially constructed vehicle that does not sufficiently resemble a previously manufactured vehicle. The referee shall require only those emission control systems that are applicable to the established model-year and that the vehicle reasonably accommodates in its present form. (b) Upon the completion of the inspection, the referee shall affix a tamper-resistant label to the vehicle and issue a certificate that establishes the engine model-year or the vehicle model-year, and the emission control system application.  (c) The Department of Motor Vehicles shall annually provide a registration to no more than the first 500 vehicles that meet the criteria described in subdivision (a) that are presented to that department for registration pursuant to this section. The 500-vehicle annual limitation does not apply to the renewal of registration of a vehicle registered pursuant to this section.   (c) (1) The Bureau of Automotive Repair may charge the vehicle owner who applies to participate in the amnesty program, conducted pursuant to Section 9565 of the Vehicle Code, a fee for each referee station inspection conducted pursuant to Section 9565 of the Vehicle Code. The fee shall be one hundred sixty dollars ($160) and shall be collected by the referee station performing the inspection. (2) A contract to perform referee services may authorize direct compensation to the referee contractor from the inspection fees collected pursuant to paragraph (1). The referee contractor shall deposit the inspection fees collected from the vehicle owner into a separate trust account that the referee contractor shall account for and manage in accordance with generally accepted accounting standards and principles. If the Department of Motor Vehicles conducts the inspections pursuant to Section 9565 of the Vehicle Code, the inspection fees collected by the department shall be deposited into the Vehicle Inspection and Repair Fund.   SEC. 2.   Section 4750.1 of the   Vehicle Code   is amended to read:  4750.1.  (a) (1) The department shall annually provide a registration or change of registration to no more than the first 500 vehicles that have model years determined in accordance with the requirements of Section 44017.4 of the Health and Safety Code that apply to the department for registration or change of registration pursuant to this section.   (2) The 500-vehicle annual limitation does not apply to the renewal of registration of a specially constructed vehicle that was previously registered by the department.   (b) The registered owner of a specially constructed vehicle that is currently registered may apply to register the vehicle using a different model year determined in accordance with the requirements of Section 44017.4 of the Health and Safety Code.   (a)   (c)  If the department receives an application for registration of a specially constructed passenger vehicle or pickup truck after it has registered 500 specially constructed vehicles during that calendar year  pursuant to   in accordance with the   requirements of  Section 44017.4 of the Health and Safety Code, and the vehicle has not been previously registered, the vehicle shall be assigned the same model-year as the calendar year in which the application is submitted, for purposes of determining emissions inspection requirements for the vehicle.  (b)   (d)  (1) If the department receives an application for registration of a specially constructed passenger vehicle or pickup truck that has been previously registered after it has registered 500 specially constructed vehicles during that calendar year  pursuant to   in accordance with the requirements of  Section 44017.4 of the Health and Safety Code, and the application requests a model-year determination different from the model-year assigned in the previous registration, the application for registration shall be denied and the vehicle owner is subject to the emission control and inspection requirements applicable to the model-year assigned in the previous registration. (2) For a vehicle participating in the amnesty program in effect from January 1, 2010, until December 31, 2010, pursuant to Section 9565, the model-year of the previous registration shall be the calendar year of the year in which the vehicle owner applied for amnesty. However, a denial of an application for registration issued pursuant to this paragraph does not preclude the vehicle owner from applying for a different model-year determination and application for registration under Section 44017.4 of the Health and Safety Code in a subsequent calendar year.  (c) (1) The Bureau of Automotive Repair may charge the vehicle owner who applies to participate in the amnesty program a fee for each referee station inspection conducted pursuant to Section 9565. The fee shall be one hundred sixty dollars ($160) and shall be collected by the referee station performing the inspection.   (2) A contract to perform referee services may authorize direct compensation to the referee contractor from the inspection fees collected pursuant to paragraph (1). The referee contractor shall deposit the inspection fees collected from the vehicle owner into a separate trust account that the referee contractor shall account for and manage in accordance with generally accepted accounting standards and principles. Where the department conducts the inspections pursuant to Section 9565, the inspection fees collected by the department shall be deposited into the Vehicle Inspection and Repair Fund.   SECTION 1.   Section 40203.5 of the Vehicle Code is amended to read: 40203.5. (a) The schedule of parking penalties for parking violations and late payment penalties shall be established by the governing body of the jurisdiction where the notice of violation is issued. To the extent possible, issuing agencies within the same county shall standardize parking penalties. (b) Parking penalties under this article shall be collected as civil penalties. (c) (1) The penalty for a violation of Section 22507.8 shall be as follows: (A) Not less than two hundred fifty dollars ($250) and not more than five hundred dollars ($500) for the first offense. (B) Not less than five hundred dollars ($500) and not more than seven hundred fifty dollars ($750) for the second offense. (C) Not less than seven hundred fifty dollars ($750) and not more than one thousand dollars ($1,000) for three or more offenses. (2) The issuing agency may suspend the imposition of the penalty in paragraph (1), if the violator, at the time of the offense, possessed but failed to display a valid special identification license plate issued pursuant to Section 5007 or a distinguishing placard issued pursuant to Section 22511.55 or 22511.59. (3) A penalty imposed pursuant to this subdivision may be paid in installments if the issuing agency determines that the violator is unable to pay the entire amount in one payment.