SB 232 - deletes 500 limitation

[Morgester]

Unfortunately the formatting did not transfer on the below text (no strike outs). The bill can be seen at http://www.leginfo.ca.gov/cgi-bin/po...&author=benoit

In short this bill would delete the first 500 vehicle limitation and instead require the department to provide registration to any specially constructed vehicle that meets the specified criteria. The bill would provide that the registered owner of a specially constructed vehicle that is currently registered or incorrectly registered may change the vehicle's registration by complying with those specified criteria.


BILL NUMBER: SB 232 INTRODUCED
BILL TEXT


INTRODUCED BY Senator Benoit

FEBRUARY 23, 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 232, as introduced, Benoit. Vehicles: specially constructed
vehicles.
Existing law establishes a registration amnesty program for
specially constructed vehicles, as defined, that have been previously
registered or classified incorrectly and requires that a specially
constructed vehicle, upon registration with the Department of Motor
Vehicles, be inspected by stations authorized to perform referee
functions, for the purposes of determining the engine model-year used
in the vehicle or the vehicle model-year, and the emission control
system application.
Existing law also requires the department to annually provide a
registration to no more than the first 500 of these vehicles that
meet specified criteria.
This bill would delete the first 500 vehicle limitation and
instead require the department to provide registration to any
specially constructed vehicle that meets the specified criteria. The
bill would provide that the registered owner of a specially
constructed vehicle that is currently registered or incorrectly
registered may change the vehicle's registration by complying with
those specified criteria.
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 initial 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 Department of Motor Vehicles
shall annually provide a registration to
no more than the first 500 vehicles that meet any
vehicle that meets the criteria described in subdivision (a)
that are is 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.

(d) The registered owner of a specially constructed vehicle that
is currently registered or incorrectly registered may change the
vehicle's registration by complying with the requirements of
subdivision (a).
(e) There shall not be a limit on the number of specially
constructed vehicles that may be registered by the department
pursuant to this section.
SEC. 2. Section 4750.1 of the Vehicle Code is amended to read:
4750.1. (a) 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 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
inspected and registered pursuant to Section 44017.4 of the Health
and Safety Code , for purposes of determining the model-
year and the emissions inspection requirements for
the vehicle.
(b) 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 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. For a vehicle that participated in
the amnesty program 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 subdivision
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.

[Chaplin]

This looks like good news for you guys in CA. Nice job Morgester!

[marcalan]

That's fantastic news, should alleviate the Jan 2 rush. Thanks for the update.

[RodKnock]

A bill proposed does not make it a law. I would hold the applause until after the environmental lobby/groups eviscerate it.

Thank you Mr. Morgester.

[Randy Rosenberg]

Oh my! Senator Benoit deserves all of our support to get this bill passed into law.

[cobra de capell]

WOOHOO!

At least there is something in the works - a great first step.

[RedBarchetta]

Wow...the Dummycrats that run the State finally figured out that there was a revenue component to all this, i.e. more is better.

I hope it passes...will make the workers at DMV more at ease every January 2nd.

Thank you for the update, Mr. Morgester.

-Dean

[RodKnock]

Here's his website:

http://cssrc.us/web/37/default.aspx

He's from the Inland Empire area, which seems incongruous, since they have a lot of smog down there.

[Ron61]

Just one question if you don't mind. After reading the bill with all the changes I am still not sure if this will only apply for the year of the Amnesty Program or if it will basically do away with the 500 number limit and keep the same standards to be tested as SB-100 has. I may be wrong on the Amnesty Program just lasting one year, but what I would like clarified is will this bill basically replace SB-100 without the 500 per year limit? It keeps referring to Section 44017.4 of the Health and Safety Code which I will paste below which gives the owner the right to choose if body style or engine year is to be used. Yet is has been my understanding that California did away with the year of the block some time back.

Health and Safety Code
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.

(Amended Sec. 1, Ch. 693, Stats. 2002. Effective January 1, 2003


Thanks,

Ron

[Morgester]

deletes the 500 limit -

SPCN emissions were done at one time by the year of the engine. California's SPCN rules are not a model of clarity

[Ron61]

Thanks for the answer. I was just wanting to be sure that what I read into the bill wasn't incorrect. And with the Amnesty being mentioned in it, that was one thing that made me wonder if it was just for the time of the amnesty or if there would basically be no SB-100 limit from now on if the bill passes. That would be great news and would certainly get more people to comply.

Since they will no longer use the engine year shouldn't this line of the code be amended to say the owner shall chose the model year of the body only?

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.

Ron

[cal.cheesehead]

Any Idea on the time frame for the bill to go to a vote? I'm in monthe 2 of my build. The timing would be great for me.

[Morgester]

You can go to www.sen.ca.gov and subscribe (free) for updates on the bill's status

[Igofastr]

I would love to see this pass. I can only guess that $$$ to the state coffers is the main motivation.