Bill Text: CA AB2289 | 2011-2012 | Regular Session | Amended
Bill Title: Vehicles: specially constructed vehicles: emission
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2012-05-24 - Referred to Com. on T. & H. [AB2289 Detail]
Download: California-2011-AB2289-Amended.html
BILL NUMBER: AB 2289 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 19, 2012
AMENDED IN ASSEMBLY APRIL 11, 2012
INTRODUCED BY Assembly Member Jeffries
FEBRUARY 24, 2012
An act to amend Section 4750.1 of, and to add Section 4750.2 to,
the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2289, as amended, Jeffries. Vehicles: specially constructed
vehicles: emission control inspection.
Existing law requires that specially constructed vehicles be
inspected by stations authorized to perform referee functions by the
Department of Consumer Affairs for the purpose of determining the
engine model-year used in the vehicle or the vehicle model-year, and
the emission control system application. Existing law requires the
Department of Motor Vehicles to provide an initial registration to no
more than the first 500 specially constructed vehicles that meet
specified criteria and are presented to the department each year for
registration.
This bill would require the Department of Motor Vehicles to
establish, maintain, and make available to the public a list
of the names the number of
current applicants each year for registration of a
specially constructed vehicle in the order in which the applications
are received. The bill would also require the department to
indicate the number of specially constructed vehicles that have been
registered for that year. The bill would require the department
to consider an application that is received after it has registered
500 specially constructed vehicles in a calendar year in the
subsequent calendar year based on the order in which the application
is received. The bill would prohibit the department from
granting, on an annual basis, more than one application for
registration of a specially constructed vehicle to an applicant.
The bill would require the department to reject an
application from an applicant if the applicant already has another
application pending before the department.
The bill would require the department to adopt by regulation a
secure process that protects an applicant's privacy and enables the
applicant to access the department's Internet Web site in order for
the applicant to determine his or her number on the list of
applications.
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 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 subdivision (c) of
Section 44017.4 of the Health and Safety Code, and the vehicle has
not been previously registered pursuant to this section ,
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) (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
subdivision (c) 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 held for consideration for
the subsequent calendar year pursuant to subdivision (b) of Section
4750.2 and the vehicle owner is subject to the emission control and
inspection requirements applicable to the model-year assigned in the
previous registration for registration in the calendar year in which
the application is submitted.
(2) For a vehicle participating in the amnesty program in effect
from 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 pursuant to Section 44017.4
of the Health and Safety Code and making a new
application for registration under Section 44017.4 of the
Health and Safety Code pursuant to this section
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. 2. Section 4750.2 is added to the Vehicle Code, to read:
4750.2. (a) The department shall establish, maintain, and make
available to the public on its Internet Web site , a list of
the names of applicants submitting an a current
listing of the date and time that the department received each
application for the registration of a specially constructed passenger
vehicle or pickup truck pursuant to Section 44017.4 of the
Health and Safety Code 4750.1 in the order in
which the applications are received by the department during the
year and indicating whether the department has
registered the vehicle specified in the application
shall indicate the number of those vehicles for which an application
was submitted that have been registered for that year .
The department shall adopt by regulation a secure process to
implement this subdi vision that protects an applicant's
privacy and enables the applicant to access the department's Internet
Web site and determine his or her position on the list of
applications made pursuant to Section 4750.1.
(b) If the department receives an application for registration of
a specially constructed passenger vehicle or pickup truck pursuant to
Section 44017.4 of the Health and Safety Code
4750.1 after it has registered 500 specially constructed
vehicles during that calendar year, the department shall consider the
application, based on the order in which the application is
received, in the subsequent calendar year subject to the numerical
limitation specified in subdivision (c) of Section 44017.4
of the Health and Safety Code in that subsequent calendar year.
(c) The department shall not, on an annual basis, grant more than
one application for the registration of a specially constructed
passenger vehicle or pickup truck pursuant to Section 44017.4 of the
Health and Safety Code to an applicant.
(d)
(c) The department shall reject an application
submitted by an applicant if the applicant already has another
application filed pursuant to Section 4750.1 pending before the
department.
