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 Section4000.1 of the Vehicle44011 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)AllA motorvehiclesvehicle powered by internal combustion engines thatareis 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 motorcyclesA motorcycle, until the department, pursuant to Section 44012, implements test procedures applicable to motorcycles. (2)AllA motorvehiclesvehicle thathavehas 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)AllA motorvehiclesvehicle 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,alla motorvehiclesvehicle 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)AllA motorvehiclesvehicle 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),anya 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)AllA motorvehiclesvehicle that the department determines would present prohibitive inspection or repair problems. (7)AnyA 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)AllA diesel-poweredvehiclesvehicle manufactured prior to the 1998 model-year. (B)AllA diesel-poweredvehiclesvehicle thathavehas 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)AllA diesel-poweredvehiclesvehicle thathavehas 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)AllA diesel-poweredvehiclesvehicle thathavehas 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)VehiclesA 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.