BILL NUMBER: SB 731 CHAPTERED
BILL TEXT
CHAPTER 270
FILED WITH SECRETARY OF STATE SEPTEMBER 22, 2005
APPROVED BY GOVERNOR SEPTEMBER 22, 2005
PASSED THE SENATE AUGUST 25, 2005
PASSED THE ASSEMBLY AUGUST 18, 2005
AMENDED IN ASSEMBLY JUNE 21, 2005
AMENDED IN SENATE MARCH 29, 2005
INTRODUCED BY Senators Torlakson, Ashburn, Cedillo, Ducheny, Kehoe,
Lowenthal, Machado, Maldonado, Margett, Murray, Runner, and Soto
FEBRUARY 22, 2005
An act to amend Section 44015 of the Health and Safety Code, to
amend Section 5103 of the Public Contract Code, to amend Sections
5090.02, 5090.09, and 5090.35 of the Public Resources Code, to amend
Section 21706 of the Public Utilities Code, to amend Section 140.3 of
the Streets and Highways Code, and to amend Sections 285, 2250,
4601, and 24602 of the Vehicle Code, relating to state and local
government.
LEGISLATIVE COUNSEL'S DIGEST
SB 731, Torlakson State and local government.
(1) Existing law requires motor vehicle dealers to be responsible
for having a smog check inspection performed on motor vehicles
offered for retail sale, except as specifically provided.
This bill would modify this provision.
(2) Existing law requires the bidder, in a court proceeding to
obtain relief from a bid for a public contract, to demonstrate to the
satisfaction of the court that, among other things, a mistake was
made and that the bidder gave the public entity written notice of the
mistake within 5 days after the opening of the bids.
This bill would exclude Saturdays, Sundays, and state holidays
from that 5-day period.
(3) Existing law, the Off-Highway Motor Vehicle Recreation Act of
2003, until January 1, 2007, provides for the acquisition, operation,
and funding of a system defined as the state vehicular recreation
areas, the California Statewide Motorized Trail, designated areas
within the state park, and areas supported by a specified off-highway
vehicles grant program.
This bill would make technical, conforming changes to certain
provisions of the act.
(4) Existing law requires applications for funding from the
Aeronautics Account in the State Transportation Fund to be processed
in accordance with the procedures adopted by the California
Transportation Commission for processing applications by local
entities for projects included in the state transportation
improvement program.
This bill would revise the process used by the commission for
funding projects from the Aeronautics Account.
(5) Existing law establishes the Equipment Service Fund in the
State Treasury and continuously appropriates all money in the fund to
the Department of Transportation to pay for mobile equipment
services. Existing law provides that if the unencumbered balance
remaining in the fund at the end of any fiscal year is more than 25%
of the total annual appropriation made to the fund under the most
recent Budget Act, the unencumbered balance is required to be
refunded to programs that were assessed mobile equipment service
charges during that fiscal year, as specified.
This bill would instead provide that if the balance remaining in
the fund at the end of any fiscal year exceeds the amount allowable
for billed central services under the Federal Office of Management
and Budget Circular A-87, the balance is required to be treated
consistent with that circular.
(6) Existing law specifies the membership, by rank, of the
California Highway Patrol, and includes "deputy chiefs" among the
ranks.
This bill would change the reference to "deputy chiefs" to
"chiefs."
(7) Existing law defines a motor vehicle "dealer" as a person who
sells a vehicle subject to registration under the Vehicle Code, a
motorcycle or all-terrain vehicle subject to identification under
that code, or a trailer subject to identification pursuant to that
code.
This bill would add to the list of vehicles sold by dealers a
snowmobile subject to identification under that code.
(8) Existing law authorizes the Department of Motor Vehicles to
accept registration fees not more than 60 days prior to the
expiration of the current registration or certification for a
vehicle.
This bill would instead authorize the department to accept those
registration fees not more than 75 days prior to the expiration of
the current registration or certification for a vehicle.
(9) Existing law authorizes a vehicle to be equipped with not more
than 2 red fog tail lamps mounted not lower than 15 inches.
This bill would authorize the tail lamps to be mounted not lower
than 12 inches.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 44015 of the Health and Safety Code is amended
to read:
44015. (a) A licensed smog check station shall not issue a
certificate of compliance, except as authorized by this chapter, to
any vehicle that meets the following criteria:
(1) A vehicle that has been tampered with.
(2) A vehicle that, prior to repairs, has been initially
identified by the smog check station as a gross polluter.
Certification of a gross polluting vehicle shall be conducted by a
designated test-only facility, or a test-and-repair station that is
both licensed and certified pursuant to Sections 44014 and 44014.2.
(3) A vehicle described in subdivision (c).
(b) If a vehicle meets the requirements of Section 44012, a smog
check station licensed to issue certificates shall issue a
certificate of compliance or a certificate of noncompliance.
(c) (1) A repair cost waiver shall be issued, upon request of the
vehicle owner, by an entity authorized to perform referee functions
for a vehicle that has been properly tested but does not meet the
applicable emission standards when it is determined that no
adjustment or repair can be made that will reduce emissions from the
inspected motor vehicle without exceeding the applicable repair cost
limit established under Section 44017 and that every defect specified
by paragraph (2) of subdivision (a) of Section 43204, and by
paragraphs (2) and (3) of subdivision (a) of Section 43205, has been
corrected. A repair cost waiver issued pursuant to this paragraph
shall be accepted in lieu of a certificate of compliance for the
purposes of compliance with Section 4000.3 of the Vehicle Code. No
repair cost waiver shall exceed two years' duration. No repair cost
waiver shall be issued until the vehicle owner has expended an amount
equal to the applicable repair cost limit specified in Section
44017.
(2) An economic hardship extension shall be issued, upon request
of a qualified low-income motor vehicle owner, by an entity
authorized to perform referee functions, for a motor vehicle that has
been properly tested but does not meet the applicable emission
standards when it is determined that no adjustment or repair can be
made that will reduce emissions from the inspected motor vehicle
without exceeding the applicable repair cost limit, as established
pursuant to Section 44017.1, that every defect specified in paragraph
(2) of subdivision (a) of Section 43204, and in paragraphs (2) and
(3) of subdivision (a) of Section 43205, has been corrected, that the
low-income vehicle owner would suffer an economic hardship if the
extension is not issued, and that all appropriate emissions-related
repairs up to the amount of the applicable repair cost limit in
Section 44017.1 have been performed.
(d) No repair cost waiver or economic hardship extension shall be
issued under any of the following circumstances:
(1) If a motor vehicle was issued a repair cost waiver or economic
hardship extension in the previous biennial inspection of that
vehicle. A repair cost waiver or economic hardship extension may be
issued to a motor vehicle owner only once for a particular motor
vehicle belonging to that owner. However, a repair cost waiver or
economic hardship extension may be issued for a motor vehicle that
participated in a previous waiver or extension program prior to
January 1, 1998, as determined by the department. For waivers or
extensions issued in the program operative on or after January 1,
1998, a waiver or extension may be issued for a motor vehicle only
once per owner.
(2) Upon initial registration of all of the following:
(A) A direct import motor vehicle.
(B) A motor vehicle previously registered outside this state.
(C) A dismantled motor vehicle pursuant to Section 11519 of the
Vehicle Code.
(D) A motor vehicle that has had an engine change.
(E) An alternate fuel vehicle.
(F) A specially constructed vehicle.
(e) Except as provided in subdivision (f), a certificate of
compliance or noncompliance shall be valid for 90 days.
(f) Excluding any vehicle whose transfer of ownership and
registration is described in subdivision (d) of Section 4000.1 of the
Vehicle Code, and except as otherwise provided in Sections 4000.1,
24007, 24007.5, and 24007.6 of the Vehicle Code, a licensed motor
vehicle dealer shall be responsible for having a smog check
inspection performed on, and a certificate of compliance or
noncompliance issued for, every motor vehicle offered for retail
sale. A certificate issued to a licensed motor vehicle dealer shall
be valid for a two-year period, or until the vehicle is sold and
registered to a retail buyer, whichever occurs first.
(g) A test may be made at any time within 90 days prior to the
date otherwise required.
SEC. 2. Section 5103 of the Public Contract Code is amended to
read:
5103. The bidder shall establish to the satisfaction of the court
that:
(a) A mistake was made.
(b) He or she gave the public entity written notice within five
working days, excluding Saturdays, Sundays, and state holidays, after
the opening of the bids of the mistake, specifying in the notice in
detail how the mistake occurred.
(c) The mistake made the bid materially different than he or she
intended it to be.
(d) The mistake was made in filling out the bid and not due to
error in judgment or to carelessness in inspecting the site of the
work, or in reading the plans or specifications.
SEC. 3. Section 5090.02 of the Public Resources Code is amended to
read:
5090.02. (a) The Legislature finds that off-highway motor
vehicles are enjoying an ever-increasing popularity in California and
that the indiscriminate and uncontrolled use of those vehicles may
have a deleterious impact on the environment, wildlife habitats,
native wildlife, and native flora.
(b) The Legislature hereby declares that effectively managed areas
and adequate facilities for the use of off-highway vehicles and
conservation and enforcement are essential for ecologically balanced
recreation.
(c) Accordingly, it is the intent of the Legislature that:
(1) Existing off-highway motor vehicle recreational areas,
facilities, and opportunities be expanded and be managed in a manner
consistent with this chapter, in particular to maintain sustained
long-term use.
(2) New off-highway motor vehicle recreational areas, facilities,
and opportunities be provided and managed pursuant to this chapter in
a manner that will sustain long-term use.
(3) When areas or trails or portions thereof cannot be maintained
to appropriate established standards for sustained long-term use,
they shall be closed to use and repaired, to prevent accelerated
erosion. Those areas shall remain closed until they can be managed
within the soil conservation standard or shall be closed and
restored.
(4) Prompt and effective implementation of the Off-Highway Motor
Vehicle Recreation Program by the Division of Off-Highway Motor
Vehicle Recreation shall have an equal priority among other programs
in the department.
(5) Off-highway motor vehicle recreation be managed in accordance
with this chapter through financial assistance to local government
and joint undertakings with agencies of the United States.
SEC. 4. Section 5090.09 of the Public Resources Code is amended to
read:
5090.09. "System" means the state vehicular recreation areas, the
California Statewide Motorized Trail, areas and trails within the
state park system, and areas supported by the grant program.
SEC. 5. Section 5090.35 of the Public Resources Code is amended to
read:
5090.35. (a) The protection of public safety, the appropriate
utilization of lands, and the conservation of land resources are of
the highest priority in the management of the state vehicular
recreation areas; and, accordingly, the division shall promptly
repair and continuously maintain areas and trails, anticipate and
prevent accelerated and unnatural erosion, and restore lands damaged
by erosion to the extent possible.
(b) (1) The division, in consultation with the United States
Natural Resource Conservation Service, the United States Geological
Survey, the United States Forest Service, the United States Bureau of
Land Management, and the California Department of Conservation shall
update the 1991 Soil Conservation Guidelines and Standards to
establish a generic and measurable soil conservation standard by
March 1, 2006, at least sufficient to allow restoration of
off-highway motor vehicle areas and trails. The 1991 Soil
Conservation Guidelines and Standards shall remain in effect until
they are updated pursuant to this subdivision.
(2) Upon a determination that the soil conservation standards and
habitat protection plans are not being met in any portion of any
state vehicular recreation area the division shall temporarily close
the noncompliant portion to repair and prevent accelerated erosion,
until the soil conservation standards are met.
(3) Upon a determination that the soil conservation standards
cannot be met in any portion of any state vehicular recreation area
the division shall close and restore the noncompliant portion
pursuant to Section 5090.11.
(c) (1) The division shall make an inventory of wildlife
populations and their habitats in each state vehicular recreation
area and shall prepare a wildlife habitat protection program to
sustain a viable species composition specific to each state vehicular
recreation area by July 1, 1989.
(2) If the division determines that the habitat protection program
is not being met in any portion of any state vehicular recreation
area, the division shall close the noncompliant portion temporarily
until the habitat protection program is met.
(3) If the division determines that the habitat protection program
cannot be met in any portion of any state vehicular recreation area,
the division shall close and restore that noncompliant portion
pursuant to Section 5090.11.
(d) The division shall monitor the condition of soils and wildlife
habitat in each state vehicular recreation area each year in order
to determine whether the soil conservation standards and habitat
protection programs are being met.
(e) The division shall not fund trail construction unless the
trail is capable of complying with the conservation specifications
prescribed in subdivisions (b) and (c). The division shall not fund
trail construction where conservation is not feasible.
(f) The division shall monitor and protect cultural and
archaeological resources within the state vehicular recreation areas.
SEC. 6. Section 21706 of the Public Utilities Code is amended to
read:
21706. The division shall require that every project submitted
for funding from the Aeronautics Account in the State Transportation
Fund shall be consistent with the California Aviation System Plan.
Applications for funding shall be processed in accordance with the
procedures adopted by the commission. In determining the priorities
of projects, the division shall, and the transportation planning
agencies may, utilize the methodology adopted by the commission for
determining the priorities of projects that the commission selects
for allocation pursuant to Sections 21683 and 21683.2 and the
procedures adopted by the commission.
SEC. 7. Section 140.3 of the Streets and Highways Code is amended
to read:
140.3. (a) For the purposes of this section, the following terms
have the following meanings:
(1) (A) "Mobile equipment" means devices owned by the department
by which any person or property may be propelled, moved, or drawn on
or off highway and that are used for employee transportation or
material movement, or for construction or maintenance work relating
to transportation, including, but not limited to, passenger vehicles,
heavy duty trucks, boats, trailers, motorized construction
equipment, and "slip-in" accessories or attachments that are used by
more than one functional unit.
(B) "Mobile equipment" does not include any of the following:
(i) Office equipment, computers, and any other stationary,
nonmovable, and integral part of a transportation facility.
(ii) Passenger vehicles used to transport the public.
(iii) Aircraft or related aeronautics equipment.
(iv) Rolling stock used for intercity rail operations.
(2) "Mobile equipment services" includes, but is not limited to,
all of the following:
(A) Use of mobile equipment and services, including, but not
limited to, the purchase of new vehicles.
(B) Receiving, servicing, and equipping new mobile equipment
units.
(C) Assembling components into completed mobile equipment units.
(D) Managing mobile equipment and services, including, but not
limited to, payment for fuel and insurance.
(E) Repairing, rehabilitating, and maintaining mobile equipment.
(F) Disposing of used vehicles.
(3) "Mobile equipment services cost recovery" means revenues from
assessments charged to the department's divisions and programs for
mobile equipment services, or revenues from charges for equipment
services provided to local transportation authorities, including, but
not limited to, cost recovery for all of the following:
(A) Salaries and wages.
(B) Facility and inventory improvements.
(C) Capital outlay support projects.
(D) Overhead, depreciation, and operating expenses.
(b) The department, with the approval of the Department of
Finance, shall set rates for mobile equipment services. The
department shall review its rates on an annual basis and, upon
approval by the Department of Finance, shall publish a rate schedule
on or before April 30 of each year. The department shall collect
mobile equipment services cost recovery.
(c) The Equipment Service Fund is hereby created in the State
Treasury. Notwithstanding Section 13340, all money in the fund is
continuously appropriated to the department to pay for mobile
equipment services.
(d) The net proceeds from mobile equipment services cost recovery
shall be deposited in the fund. In addition, any moneys appropriated
to the department under the annual Budget Act, or under any other
act, for the use of existing mobile equipment or for the purchase of
that equipment, and any moneys transferred to the department from any
account within the State Transportation Fund for those purposes, may
be deposited in the fund.
(e) If the balance remaining in the fund at the end of any fiscal
year exceeds the amount allowable for billed central services under
the Federal Office of Management and Budget Circular A-87 or
superceding circular, as determined by the department and the
Department of Finance, the balance shall be treated consistent with
the requirements of the Federal Office of Management and Budget
Circular A-87 or superseding circular.
SEC. 8. Section 285 of the Vehicle Code, as amended by Section 1
of Chapter 836 of the Statutes of 2004, is amended to read:
285. "Dealer" is a person not otherwise expressly excluded by
Section 286 who:
(a) For commission, money, or other thing of value, sells,
exchanges, buys, or offers for sale, negotiates or attempts to
negotiate, a sale or exchange of an interest in, a vehicle subject to
registration, a motorcycle, snowmobile, or all-terrain vehicle
subject to identification under this code, or a trailer subject to
identification pursuant to Section 5014.1, or induces or attempts to
induce any person to buy or exchange an interest in a vehicle and,
who receives or expects to receive a commission, money, brokerage
fees, profit, or any other thing of value, from either the seller or
purchaser of the vehicle.
(b) Is engaged wholly or in part in the business of selling
vehicles or buying or taking in trade, vehicles for the purpose of
resale, selling, or offering for sale, or consigned to be sold, or
otherwise dealing in vehicles, whether or not the vehicles are owned
by the person.
SEC. 9. Section 2250 of the Vehicle Code is amended to read:
2250. The California Highway Patrol in the Department of the
California Highway Patrol consists of the following members: the
commissioner, the deputy commissioner, assistant commissioners,
chiefs, assistant chiefs, captains, lieutenants, sergeants, and
officers.
SEC. 10. Section 4601 of the Vehicle Code is amended to read:
4601. (a) Except as otherwise provided in this code, every
vehicle registration and registration card expires at midnight on the
expiration date designated by the director pursuant to Section
1651.5, and shall be renewed prior to the expiration of the
registration year. The department may, upon payment of the proper
fees, renew the registration of vehicles.
(b) Notwithstanding any other provision of law, renewal of
registration for any vehicle that is either currently registered or
for which a certification pursuant to Section 4604 has been filed may
be obtained not more than 75 days prior to the expiration of the
current registration or certification.
SEC. 11. Section 24602 of the Vehicle Code is amended to read:
24602. (a) A vehicle may be equipped with not more than two red
fog taillamps mounted on the rear which may be lighted, in addition
to the required taillamps, only when atmospheric conditions, such as
fog, rain, snow, smoke, or dust, reduce the daytime or nighttime
visibility of other vehicles to less than 500 feet.
(b) The lamps authorized under subdivision (a) shall be installed
as follows:
(1) When two lamps are installed, one shall be mounted at the left
side and one at the right side at the same level and as close as
practical to the sides. When one lamp is installed, it shall be
mounted as close as practical to the left side or on the center of
the vehicle.
(2) The lamps shall be mounted not lower than 12 inches nor higher
than 60 inches.
(3) The edge of the lens of the lamp shall be no closer than four
inches from the edge of the lens of any stoplamp.
(4) The lamps shall be wired so they can be turned on only when
the headlamps are on and shall have a switch that allows them to be
turned off when the headlamps are on.
(5) A nonflashing amber pilot light that is lighted when the lamps
are turned on shall be mounted in a location readily visible to the
driver.