BILL NUMBER: AB 695 CHAPTERED 10/13/07 CHAPTER 609 FILED WITH SECRETARY OF STATE OCTOBER 13, 2007 APPROVED BY GOVERNOR OCTOBER 13, 2007 PASSED THE SENATE SEPTEMBER 6, 2007 PASSED THE ASSEMBLY SEPTEMBER 10, 2007 AMENDED IN SENATE AUGUST 27, 2007 AMENDED IN SENATE JULY 5, 2007 AMENDED IN SENATE JUNE 28, 2007 AMENDED IN SENATE JUNE 18, 2007 AMENDED IN SENATE MAY 22, 2007 AMENDED IN ASSEMBLY APRIL 30, 2007 AMENDED IN ASSEMBLY APRIL 11, 2007 INTRODUCED BY Assembly Member Karnette FEBRUARY 22, 2007 An act to add Sections 9852.9, 9853.7, and 9853.8 to the Vehicle Code, relating to vessels. LEGISLATIVE COUNSEL'S DIGEST AB 695, Karnette. Vessels: registration. (1) Existing law generally requires every undocumented vessel, as defined, using the waters or on the waters of the state to be currently numbered. The owner of each vessel requiring numbering by the state is required to file an initial application for a number, on forms the Department of Motor Vehicles develops and approves, with the department or an agent authorized by the department. Existing law, by regulation, imposes emissions standards on spark-ignition marine engines with a model-year of 2001 or later, that are manufactured for sale, sold, or offered for sale in the state, or that are introduced, delivered, or imported into the state for introduction into commerce. This bill would require the initial application for a number, on and after July 1, 2008, to contain checkoff boxes or line alternatives for the retail seller of the vessel to certify that a sterndrive or inboard vessel that contains a spark-ignition marine engine below 373 kW (500 hp) rated power output that was manufactured on or after January 1, 2008, or contains a spark-ignition marine engine with any rated power output that was manufactured on or after January 1, 2009, has a permanently affixed label indicating that the engine meets or exceeds specified 2008 California emissions standards. The bill also would require an initial application for one of those vessels to have a line requiring the application to be accompanied by a specified hang tag for the engine. If the retail seller of one of those vessels files for the purchaser the initial application for a number for the vessel, the bill would require the retail seller to certify on the initial application for a number that the spark-ignition marine engine has a permanently affixed label indicating that the engine meets or exceeds those emissions standards. The retail seller also would be required to submit with the application the hang tag for the engine, after including specified information on the hang tag. If the retail seller does not file for the purchaser the initial application for a number for one of those vessels, the bill would require the applicant to submit the hang tag for the engine, with specified information on the hang tag, inserted by the retail seller of the vessel. The bill would exclude from its provisions vessels originally purchased in another state by a resident of that state who subsequently establishes residence in this state, and who provides satisfactory evidence to the department, or the department's agent, of the previous residence. The bill would prohibit the department, and the department's agent, from numbering a vessel subject to those requirements if the retail seller does not certify on the initial application for a number that the engine has the permanently affixed label or the applicant does not submit an application that is accompanied by the hang tag. (2) The bill would provide that it is an infraction, punishable by a fine of $250, for a person to operate an undocumented vessel with one of those engines described in (1), requiring numbering by the state, that is not currently numbered by the state, and that does not comply with the emissions standards described in (1). By creating a new infraction, the bill would 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. (4) This bill would become operative on July 1, 2008. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 9852.9 is added to the Vehicle Code, to read: 9852.9. (a) On and after July 1, 2008, the form for an initial application for a number prepared by the department pursuant to Section 9853 shall include both of the following: (1) Checkoff boxes or line alternatives for the retail seller of an undocumented vessel to certify that a sterndrive or inboard vessel that contains a spark-ignition marine engine below 373 kW (500 hp) rated power output that was manufactured on or after January 1, 2008, and a sterndrive or inboard vessel that contains a spark-ignition marine engine with any rated power output that was manufactured on or after January 1, 2009, has a permanently affixed label indicating that the engine meets or exceeds the 2008 California emissions standards required by Section 2442 of Title 13 of the California Code of Regulations. (2) A line requiring that an initial application for a vessel described in paragraph (1) be accompanied by the hang tag required by Section 2443.3 of Title 13 of the California Code of Regulations for the engine described in paragraph (1). (b) As used in this section, "spark-ignition marine engine" has the same meaning as that term is defined in Section 9853.7. SEC. 2. Section 9853.7 is added to the Vehicle Code, to read: 9853.7. (a) (1) When the retail seller of an undocumented sterndrive or inboard vessel, that contains a spark-ignition marine engine below 373 kW (500 hp) rated power output that was manufactured on or after January 1, 2008, or contains a spark-ignition marine engine with any rated power output that was manufactured on or after January 1, 2009, files for the purchaser of the vessel the initial application for a number for the vessel, the retail seller shall do both of the following: (A) Certify on that application, by marking in indelible ink the affirmative checkoff boxes or line alternatives described in subdivision (a) of Section 9852.9, that the spark-ignition marine engine has a permanently affixed label indicating that the engine meets or exceeds the 2008 California emissions standards required by Section 2442 of Title 13 of the California Code of Regulations. The retail seller shall make that certification only after examining the permanently affixed label for the engine and only if the label indicates compliance with Section 2442 of Title 13 of the California Code of Regulations. (B) Submit with the application, the hang tag required by Section 2443.3 of Title 13 of the California Code of Regulations for the engine, after including on the reserved white space of the hang tag, the engine family name, from the permanently affixed engine label, and the serial number of the engine. (2) If the retail seller does not file for the purchaser of a vessel described in paragraph (1) the initial application for a number for the vessel, the applicant, upon filing an initial application for a number, shall submit the hang tag required by Section 2443.3 of Title 13 of the California Code of Regulations for the engine. The hang tag shall contain the engine family name, from the permanently affixed engine label, and the serial number of the engine, as inserted by the retail seller of the vessel. (b) Subdivision (a) does not apply to a vessel originally purchased in another state by a resident of that state who subsequently establishes residence in this state and who provides satisfactory evidence to the department, or the department's agent authorized pursuant to Section 9858, of the previous residence. (c) The department, and the department's agent authorized pursuant to Section 9858, shall not number a vessel subject to subdivision (a), unless the retail seller certifies on the initial application for a number filed for the purchaser of the vessel that the spark-ignition marine engine has the label described in paragraph (1) of subdivision (a) permanently affixed to the engine, or the applicant submits an application that is accompanied by the hang tag required by subdivision (a). (d) For the purposes of this section, "spark-ignition marine engine" has the same meaning as that term is defined in paragraph (48) of subdivision (a) of Section 2441 of Title 13 of the California Code of Regulations. SEC. 3. Section 9853.8 is added to the Vehicle Code, to read: 9853.8. (a) This section applies only to a sterndrive or inboard vessel that contains a spark-ignition marine engine below 373 kW (500 hp) rated power output that was manufactured on or after January 1, 2008, or contains a spark-ignition marine engine with any rated power output that was manufactured on or after January 1, 2009. (b) It is an infraction, punishable by a fine of two hundred fifty dollars ($250), for a person to operate an undocumented vessel, requiring numbering by the state, that is not currently numbered by the state, and that does not comply with the emissions standards required by Section 2442 of Title 13 of the California Code of Regulations. (c) As used in this section, "spark-ignition marine engine" has the same meaning as that term is defined in Section 9853.7. SEC. 4. This act shall become operative on July 1, 2008. SEC. 5. 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.