[Mohuska]

Here is the text of the analysis for the latest amended version 4/22/03



BILL ANALYSIS






SENATE TRANSPORTATION COMMITTEE BILL NO: SB 708
SENATOR KEVIN MURRAY, CHAIRMAN AUTHOR: Florez
VERSION: 4/22/03
Analysis by: Steve Schnaidt FISCAL:yes




SUBJECT:

Excessively smoking vehicles: repairs and fines.

DESCRIPTION:

This bill would allow a low-income owner of an excessively
smoking vehicle who was issued a "notice to correct", to
participate in the state's vehicle repair assistance
program. The bill would authorize counties to establish
smoking vehicle checkpoints and fund the checkpoints with
increased fine revenue from smoking vehicle citations. The
bill would increase the base fine for second and subsequent
smoking vehicle citations by $150.

ANALYSIS:

Existing law establishes numerous requirements and
standards for the registration and operation of vehicles on
the state's streets and highways. These conditions include
safety, mechanical and operational equipment requirements
for vehicles as well as qualifications for the drivers of
such vehicles. Vehicle standards also include those
related to emissions control equipment and certification of
compliance with state and federal emissions standards, as
well as participation in the state's vehicle inspection and
maintenance (smog check) program.

Existing law makes it an infraction to operate a vehicle in
a manner that results in the escape of excessive smoke,
flames, fluids, or fuel residue from the vehicle. An
officer observing a heavily smoking vehicle or other
vehicle equipment or mechanical violation, however, is
authorized to issue a notice to correct ("fix-it ticket")
under which the violator agrees to correct the violation
within 30 days. The notice to correct may not be issued,
however, in cases of persistent neglect or fraud, when an
immediate safety hazard exists, or the violator does not




SB 708 (FLOREZ)
Page 2



agree to correct the problem.

First-offense fines for vehicle equipment and mechanical
violations, including excessive smoke violations, are
punishable by a $25 fine plus $51 in penalty assessments,
or $76 total. If a notice to correct is issued instead for
the violation, only a $10 administrative transaction fee is
charged when proof of correction is submitted and the
violation is dismissed. A person who violates a notice to
correct or fails to deliver proof of correction is guilty
of a misdemeanor which is punishable by a fine of $100 plus
$190 in penalty assessments, for a total of $290.

Existing law establishes substantial fines for heavy-duty
vehicles (6,001 pounds +) that violate opacity (smoke)
standards for emissions. The fines range from $250 to
$2,500 for a first offense and from $500 to $5,000 for a
second or subsequent offense within one year. The fine for
a second violation of the excessive smoke emissions or
opacity standards by a light-duty vehicle (under 6,001
pounds) is $100 to $250.

Existing law provides for the operation of a vehicle repair
or removal program for high-polluting vehicles (that is,
high-emissions or gross-polluting vehicles) and establishes
a program for the accelerated retirement (dismantling) of
light-duty vehicles which contribute disproportionately to
on-road vehicle emissions. These programs were conceived
as complements to the state's smog check program as a means
to encourage and enable low-income vehicle owners and
others to properly maintain and repair their vehicles to
reduce emissions and air pollution.

Under the state's repair assistance program, low-income
vehicle owners or persons directed to a test-only facility
may receive up to $500 in state repair cost assistance for
vehicles failing their smog check if certain income,
co-payment, and other eligibility requirements are met.
(See attached Smog Check Consumer Assistance Program
information.)

This bill would increase the fines for heavily smoking
vehicles but make the smog check repair assistance program
available to certain owners of such vehicles.
Specifically, the bill would: