Bill Text: CA SB811 | 2009-2010 | Regular Session | Enrolled

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Bill Title: Vehicles: specially constructed vehicles.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2010-01-19 - Stricken from Senate file. [SB811 Detail]

Download: California-2009-SB811-Enrolled.html

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BILL NUMBER: SB 811	ENROLLED
	BILL TEXT

	PASSED THE SENATE  JUNE 1, 2009
	PASSED THE ASSEMBLY  SEPTEMBER 8, 2009
	AMENDED IN SENATE  MAY 4, 2009
	AMENDED IN SENATE  APRIL 13, 2009

INTRODUCED BY   Senator DeSaulnier

                        FEBRUARY 27, 2009

   An act to amend Section 4304 of, and to add Section 4750.2 to, the
Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 811, DeSaulnier. Vehicles: specially constructed vehicles.
   Existing law, upon application for registration of a vehicle
previously registered outside this state, requires the Department of
Motor Vehicles to grant full faith and credit to the currently valid
certificate of title describing the vehicle, the ownership thereof,
and the liens thereon, issued by the state in which the vehicle was
last registered. Existing law also requires the department to
require, upon registration of a motor vehicle previously registered
outside this state, a valid certificate of compliance, or a
certificate of noncompliance, with California's emission regulations.
Existing law additionally requires specially constructed vehicles,
depending on various criteria, to be subject to different emission
inspection and control requirements based on the engine model-year,
the vehicle model-year, or the calendar year in which the application
for vehicle registration is submitted.
   This bill would require a specially constructed vehicle, that was
previously registered outside this state, to be assigned the same
model-year as the calendar year in which the vehicle was first
registered outside this state for purposes of determining emission
inspection requirements for the vehicle, except as specified. If the
department is unable to establish the year the vehicle was originally
registered, the bill would require the department to assign the same
model-year as the calendar year in which the application for
registration was submitted.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4304 of the Vehicle Code is amended to read:
   4304.  Unless otherwise provided in Section 4750.2, upon
application for registration of a vehicle previously registered
outside this state, the department shall grant full faith and credit
to the currently valid certificate of title describing the vehicle,
the ownership thereof, and any liens thereon, issued by the state in
which the vehicle was last registered, except that the laws of the
state shall provide for the notation upon the certificate of title of
any and all liens and encumbrances other than those dependent upon
possession.
  SEC. 2.  Section 4750.2 is added to the Vehicle Code, to read:
   4750.2.  (a) If the application for registration of a vehicle
previously registered outside this state is for a specially
constructed vehicle, as defined in Section 580, the vehicle shall be
assigned the same model-year as the calendar year in which the
vehicle was first registered outside this state for purposes of
determining emission inspection requirements for the vehicle.
   (b) This section does not preclude a vehicle owner from applying
for a different model-year determination and application for
registration under Section 44017.4 of the Health and Safety Code. If
an application for a different model-year determination and
registration is made after the department has registered 500
specially constructed vehicles pursuant to Section 44017.4, the
application shall be denied and the vehicle shall be subject to the
emission control and inspection requirements applicable to the same
model-year as the calendar year in which the vehicle was originally
registered outside this state pursuant to this section. A denial of
an application issued pursuant to this subdivision does not preclude
the vehicle owner from applying for a different model-year
determination under Section 44017.4 of the Health and Safety Code in
a subsequent calendar year.
   (c) If the department is unable to establish the year in which the
vehicle was originally registered, it shall assign the same
model-year as the calendar year in which the application for
registration was submitted. The department may establish by
regulation the procedures for determining the original year of
registration.