BILL NUMBER: SB 1578	CHAPTERED
	BILL TEXT

	CHAPTER  693
	FILED WITH SECRETARY OF STATE  SEPTEMBER 18, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 18, 2002
	PASSED THE SENATE  AUGUST 22, 2002
	PASSED THE ASSEMBLY  AUGUST 15, 2002
	AMENDED IN ASSEMBLY  AUGUST 8, 2002
	AMENDED IN ASSEMBLY  JUNE 18, 2002

INTRODUCED BY   Senator Johannessen

                        FEBRUARY 20, 2002

   An act to amend Section 44017.4 of the Health and Safety Code, and
to add Section 4750.1 to the Vehicle Code, relating to emission
control.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1578, Johannessen.  Emission control:  specially constructed
vehicles.
   Existing law defines a specially constructed vehicle as a vehicle
that is built for private use, not for resale, and is not constructed
by a licensed manufacturer or remanufacturer, and requires all
specially constructed vehicles to be subject to the emission control
system testing and certification requirements established by the
Department of Consumer Affairs.  Existing law also requires a
passenger vehicle or pickup truck that is a specially constructed
vehicle to be inspected by stations authorized to perform referee
functions, and requires the Department of Motor Vehicles to provide
an initial registration to no more than the first 500 vehicles that
meet the specified criteria and are presented to the department each
year for registration.
   This bill would eliminate the requirement that the registration
provided to the first 500 vehicles by the Department of Motor
Vehicles be an initial registration for that vehicle, and would
specify that the 500-vehicle limit does not apply to the renewal of
registration of a vehicle previously registered pursuant to those
provisions.
   This bill would require the department, if it receives during a
calendar year 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, and
the vehicle has not been previously registered, to assign the same
model year as the calendar year in which the application is
submitted, for purposes of determining emissions control equipment
and inspection requirements for the vehicle.  The bill would require
the department to deny an application for registration during a
calendar year of a specially constructed passenger vehicle or pickup
truck that was previously registered, if the application for
registration is received after the department has registered 500
specially constructed vehicles during that calendar year and the
application requests a model-year determination different from the
model-year determination assigned in the previous application.  The
vehicle owner would be subject to the emission control and inspection
requirements applicable to the model-year assigned in the previous
registration.  The bill would permit the vehicle owner to apply for a
different model-year determination in a subsequent calendar year
subject to the 500-vehicle annual limitation.


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 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.
  SEC. 2.  Section 4750.1 is added to the Vehicle Code, 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, for purposes of
determining emissions control equipment and 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.  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.