Bill Text: CA SB385 | 2009-2010 | Regular Session | Amended
Bill Title: Historic motor vehicles: preservation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB385 Detail]
Download: California-2009-SB385-Amended.html
BILL NUMBER: SB 385 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 14, 2009
INTRODUCED BY Senator Wright
FEBRUARY 26, 2009
An act to amend Section 4000.1 of the Vehicle
44011 of the Health and Safety Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 385, as amended, Wright. Historic motor vehicles: preservation.
(1) Existing law establishes a motor vehicle inspection and
maintenance program (smog check), administered by the Department of
Consumer Affairs and the State Air Resources Board, that provides for
the inspection of all motor vehicles, except those specifically
exempted from the program, upon registration, biennially upon renewal
of registration, upon transfer of ownership, and in certain other
circumstances.
Existing law also requires the Department of Motor Vehicles to
require any motor vehicle subject to the above requirements to
demonstrate compliance with the smog check requirements by submission
of a valid smog check certificate of compliance or noncompliance, as
appropriate, upon initial registration, and upon the transfer of
ownership and registration of the motor vehicle, with certain
exceptions, including, an exemption from these requirements for any
motor vehicle manufactured prior to the 1976 model-year.
This bill would also exempt a motor vehicle that has historic
vehicle license plates if the registered owner signs a statement
under penalty of perjury that the motor vehicle will be used for
specified purposes and if the registered owner owns 2 or more
currently registered motor vehicles that are not registered as
historic motor vehicles.
(2) To the extent that the bill would require a statement signed
under penalty of perjury, the bill would create a new crime and,
thus, impose a state-mandated local program.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 44011 of the Health
and Safety Code , as added by Section 3 of Chapter 739
of the Statutes of 2007, is amended to read:
44011. (a) All A motor
vehicles vehicle powered by internal combustion
engines that are is registered within
an area designated for program coverage shall be required biennially
to obtain a certificate of compliance or noncompliance, except for
the following:
(1) All motorcycles A motorcycle,
until the department, pursuant to Section 44012, implements test
procedures applicable to motorcycles.
(2) All A motor vehicles
vehicle that have has
been issued a certificate of compliance or noncompliance or a
repair cost waiver upon a change of ownership or initial registration
in this state during the preceding six months.
(3) All A motor vehicles
vehicle manufactured prior to the 1976
model-year.
(4) (A) Except as provided in subparagraph (B), all motor vehicles
four or less model-years old.
(B) Beginning January 1, 2005, all a
motor vehicles vehicle six or less
model-years old, unless the state board finds that providing an
exception for these vehicles will prohibit the state from meeting the
requirements of Section 176(c) of the federal Clean Air Act (42
U.S.C. Sec. 7401 et seq.) or the state's commitments with respect to
the state implementation plan required by the federal Clean Air Act.
(C) All A motor vehicles
vehicle excepted by this paragraph shall be
subject to testing and to certification requirements as determined by
the department, if any of the following apply:
(i) The department determines through remote sensing activities or
other means that there is a substantial probability that the vehicle
has a tampered emission control system or would fail for other cause
a smog check test as specified in Section 44012.
(ii) The vehicle was previously registered outside this state and
is undergoing initial registration in this state.
(iii) The vehicle is being registered as a specially constructed
vehicle.
(iv) The vehicle has been selected for testing pursuant to Section
44014.7 or any other provision of this chapter authorizing
out-of-cycle testing.
(D) This paragraph does not apply to diesel-powered vehicles.
(5) In addition to the vehicles exempted pursuant to paragraph
(4), any a motor vehicle or class of
motor vehicles exempted pursuant to subdivision (b) of Section
44024.5. It is the intent of the Legislature that the department,
pursuant to the authority granted by this paragraph, exempt at least
15 percent of the lowest emitting motor vehicles from the biennial
smog check inspection.
(6) All A motor
vehicles vehicle that the department determines
would present prohibitive inspection or repair problems.
(7) Any A vehicle registered to the
owner of a fleet licensed pursuant to Section 44020 if the vehicle is
garaged exclusively outside the area included in program coverage,
and is not primarily operated inside the area included in program
coverage.
(8) (A) All A
diesel-powered vehicles vehicle
manufactured prior to the 1998 model-year.
(B) All A diesel-powered
vehicles vehicle that have
has a gross vehicle weight rating of 8,501 to 10,000
pounds, inclusive, until the department, in consultation with the
state board, pursuant to Section 44012, implements test procedures
applicable to these vehicles.
(C) All A diesel-powered
vehicles vehicle that have
has a gross vehicle weight rating from 10,001 pounds to
13,999 pounds, inclusive, until the state board and the Department of
Motor Vehicles determine the best method for identifying these
vehicles, and until the department, in consultation with the state
board, pursuant to Section 44012, implements test procedures
applicable to these vehicles.
(D) All A diesel-powered
vehicles vehicle that have
has a gross vehicle weight rating of 14,000 pounds or
greater.
(9) A motor vehicle that meets all of the following conditions:
(A) The motor vehicle has historic vehicle license plates issued
pursuant to Section 5004 of the Vehicle Code.
(B) The registered owner of the motor vehicle signs a statement
under penalty of perjury on a form provided by the department that
the motor vehicle will be used principally for the purposes defined
in subdivision (f) of Section 5004 of the Vehicle Code.
(C) The registered owner of the motor vehicle owns two or more
currently registered motor vehicles that are not registered as
historic motor vehicles pursuant to Section 5004 of the Vehicle Code.
(D) The motor vehicle has not been driven more than an average of
150 miles per month during the previous two-year period, as verified
by a licensed smog check station. The mileage cap shall not include
miles driven to and from events sponsored by a charitable
organization qualified pursuant to Section 501(c)(3) of the Internal
Revenue Code, documented by a receipt issued by the organization in
accordance with Internal Revenue Service regulations for charitable
contributions in the form of automobile usage for charitable
purposes. A licensed smog check station may charge a reasonable fee
for checking the mileage and the charitable contribution form.
(b) Vehicles A vehicle designated
for program coverage in enhanced areas shall be required to obtain
inspections from appropriate smog check stations operating in
enhanced areas.
(c) For purposes of subdivision (a), a collector motor vehicle, as
defined in Section 259 of the Vehicle Code, is exempt from those
portions of the test required by subdivision (f) of Section 44012 if
the collector motor vehicle meets all of the following criteria:
(1) Submission of proof that the motor vehicle is insured as a
collector motor vehicle, as shall be required by regulation of the
bureau.
(2) The motor vehicle is at least 35 model-years old.
(3) The motor vehicle complies with the exhaust emissions
standards for that motor vehicle's class and model-year as prescribed
by the department, and the motor vehicle passes a functional
inspection of the fuel cap and a visual inspection for liquid fuel
leaks.
(d) This section shall become operative on January 1, 2010.
SECTION 1. Section 4000.1 of the Vehicle Code
is amended to read:
4000.1. (a) Except as otherwise provided in subdivision (b), (c),
or (d) of this section, or subdivision (b) of Section 43654 of the
Health and Safety Code, the department shall require upon initial
registration, and upon transfer of ownership and registration, of a
motor vehicle subject to Part 5 (commencing with Section 43000) of
Division 26 of the Health and Safety Code, a valid certificate of
compliance or a certificate of noncompliance, as appropriate, issued
in accordance with Section 44015 of the Health and Safety Code.
(b) With respect to new motor vehicles certified pursuant to
Chapter 2 (commencing with Section 43100) of Part 5 of Division 26 of
the Health and Safety Code, the department shall accept a statement
completed pursuant to subdivision (b) of Section 24007 in lieu of the
certificate of compliance.
(c) For purposes of determining the validity of a certificate of
compliance or noncompliance submitted in compliance with the
requirements of this section, the definitions of new and used motor
vehicle contained in Chapter 2 (commencing with Section 39010) of
Part 1 of Division 26 of the Health and Safety Code shall control.
(d) Subdivision (a) does not apply to a transfer of ownership and
registration under any of the following circumstances:
(1) The initial application for transfer is submitted within the
90-day validity period of a smog certificate as specified in Section
44015 of the Health and Safety Code.
(2) The transferor is the parent, grandparent, sibling, child,
grandchild, or spouse of the transferee.
(3) A motor vehicle registered to a sole proprietorship is
transferred to the proprietor as owner.
(4) The transfer is between companies the principal business of
which is leasing motor vehicles, if there is no change in the lessee
or operator of the motor vehicle or between the lessor and the person
who has been, for at least one year, the lessee's operator of the
motor vehicle.
(5) The transfer is between the lessor and lessee of the motor
vehicle, if there is no change in the lessee or operator of the motor
vehicle.
(6) The motor vehicle was manufactured prior to the 1976
model-year.
(7) Beginning January 1, 2005, the transfer is for a motor vehicle
that is four or less model-years old. The department shall impose a
fee of eight dollars ($8) on the transferee of a motor vehicle that
is four or less model-years old. Revenues generated from the
imposition of that fee shall be deposited into the Vehicle Inspection
and Repair Fund.
(e) The State Air Resources Board, under Part 5 (commencing with
Section 43000) of Division 26 of the Health and Safety Code, may
exempt designated classifications of motor vehicles from subdivision
(a) as it deems necessary, and shall notify the department of that
action.
(f) Subdivision (a) does not apply to a motor vehicle when an
additional individual is added as a registered owner of the motor
vehicle.
(g) For purposes of subdivision (a), any collector motor vehicle,
as defined in Section 259, is exempt from those portions of the test
required by subdivision (f) of Section 44012 of the Health and Safety
Code, if the collector motor vehicle meets all of the following
criteria:
(1) Submission of proof that the motor vehicle is insured as a
collector motor vehicle, as shall be required by regulation of the
bureau.
(2) The motor vehicle is at least 35 model-years old.
(3) The motor vehicle complies with the exhaust emissions
standards for that motor vehicle's class and model year as prescribed
by the department, and the motor vehicle passes a functional
inspection of the fuel cap and a visual inspection for liquid fuel
leaks.
(h) Subdivision (a) does not apply to a transfer of ownership and
registration if all of the following conditions are met:
(1) The motor vehicle has historic vehicle license plates pursuant
to Section 5004.
(2) The registered owner of the motor vehicle signs a statement
under penalty of perjury on a form provided by the department that
the motor vehicle will be used principally for the purposes defined
in subdivision (f) of Section 5004.
(3) The registered owner of the motor vehicle owns two or more
currently registered motor vehicles that are not registered as
historic motor vehicles pursuant to Section 5004.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
