California Senate Bill SB165 Latest Draft

 BILL NUMBER: SB 165AMENDED BILL TEXT AMENDED IN ASSEMBLY AUGUST 20, 2010 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 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: 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.  This bill would incorporate additional changes in Section 4750.1 of the Vehicle Code proposed by AB 2461 to be operative only if AB 2461 and this bill are both chaptered and become effective on or before January 1, 2011, and this bill is chaptered last.  Vote: majority. Appropriation: no. Fiscal committee: 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) (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   register  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. (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 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. (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 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.  SEC. 2.5.   Section 4750.1 of the   Vehicle Code   is amended to read:  4750.1.  (a) (1) The department shall annually register 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 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   July 1, 2011, to June 30, 2012  , 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.   SEC. 3.   Section 2.5 of this bill incorporates amendments to Section 4750.1 of the Vehicle Code proposed by both this bill and AB 2461. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) each bill amends Section 4750.1 of the Vehicle Code, and (3) this bill is enacted after AB 2461, in which case Section 2 of this bill shall not become operative.