BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1615|
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UNFINISHED BUSINESS
Bill No: SB 1615
Author: Denham (R)
Amended: 7/2/04
Vote: 21
SENATE TRANSPORTATION COMMITTEE : 10-0, 4/20/04
AYES: Murray, McClintock, Ashburn, Brulte, Figueroa,
Karnette, Morrow, Scott, Speier, Torlakson
NO VOTE RECORDED: Florez, Perata, Soto
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 36-0, 5/10/04 (Passed on Consent)
AYES: Aanestad, Ackerman, Alarcon, Alpert, Ashburn,
Battin, Bowen, Brulte, Burton, Cedillo, Chesbro, Denham,
Ducheny, Dunn, Escutia, Figueroa, Florez, Johnson,
Karnette, Kuehl, Machado, Margett, McClintock, McPherson,
Morrow, Murray, Oller, Ortiz, Perata, Poochigian, Romero,
Scott, Soto, Speier, Torlakson, Vasconcellos
NO VOTE RECORDED: Hollingsworth, Sher, Vincent, Vacancy
ASSEMBLY FLOOR : 76-0, 8/4/04 (Passed on Consent) - See
last page for vote
SUBJECT : Smog Check: out-of-state vehicles
SOURCE : State Department of Motor Vehicles
DIGEST : This bill exempts out-of-state vehicles that are
more than 30 or more model years old from the smog check
requirement upon initial registration.
CONTINUED
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Assembly amendments add clarifying and double-jointing
language.
ANALYSIS : Existing law establishes a motor vehicle
inspection and maintenance (smog check) program,
administered by the State Department of Consumer Affairs
and the State Air Resources Board. The program 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 establishes an enhanced motor vehicle inspection
and maintenance program (smog check II) in each urbanized
area of the state, any part of which is classified by the
United States Environmental Protection Agency as a serious,
severe, or extreme nonattainment area for specified air
contaminants.
Existing law requires the smog tests to include, at
minimum, loaded mode dynamometer (treadmill) testing in
enhanced areas, and 2-speed testing in all other program
areas, and a visual or functional check of emission control
devices specified by the department.
SB 42 (Kopp, 1997) exempted from the smog check
requirements, until January 1, 2003, any motor vehicle
manufactured prior to the 1974 model-year, and after that
date, exempts any motor vehicle that is 30 or more
model-years old from the program.
Existing law requires the State Department of Motor
Vehicles to require that, upon registration of a motor
vehicle subject to the smog check program that was
previously registered outside this state, a person obtain a
valid certificate of compliance or noncompliance for the
vehicle.
This bill exempts from the smog check requirement, those
vehicles from out of state that are more than 30 or more
model years old. Thus, these older vehicles would be
subject to the same registration and smog check
requirements and exemptions as in-state vehicles.
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This bill is double-jointed with AB 2683 (Lieber).
Under existing law, 1965 or older model vehicles previously
registered outside this state, with certain exceptions, are
exempt from existing requirements for obtaining a
certificate of smog check compliance or certificate of
noncompliance, as appropriate, as a condition of
registration of the vehicle in this state.
This bill revises the exemption to apply instead to the
registration of vehicles previously registered outside this
state that are 30 or more model years old, unless AB 2683
is also enacted, and both bills become effective on or
before January 1, 2005, in which case this bill revises
existing law, operative April 1, 2005, to make the
exemption applicable to the registration of 1976 and
earlier model year vehicles that have been previously
registered outside this state.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/5/04)
State Department of Motor Vehicles (source)
California Manufacturers and Technology Association
Specialty Equipment Market Association
State Department of Finance
ARGUMENTS IN SUPPORT : The author and sponsor of the
bill, DMV, state that the bill is intended to conform the
requirements for the out-of-state vehicles with those for
in-state vehicles with regard to the exemption for 30 year
old and older vehicles.
DMV asserts that the 30-year exemption legislation in 1997
overlooked provisions dealing with the initial registration
of out-of-state vehicles. With the 30-year and older
exemption now operative, the older out-of-state vehicles
are being treated differently than in-state vehicles of the
same age.
DMV states that if it continues to enforce the two
different sets of smog check requirements, then owners of
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the out-of-state vehicles would have grounds for lawsuits
against the department and the state. The department notes
that "courts have ruled in prior cases pertaining to
vehicle license fee calculations and smog impact fees that
it is generally unconstitutional to apply disparate
standards to nonresident vehicles than those applied to
California vehicles".
ASSEMBLY FLOOR :
AYES: Aghazarian, Bates, Benoit, Bermudez, Bogh, Calderon,
Campbell, Canciamilla, Chan, Chavez, Chu, Cogdill, Cohn,
Corbett, Correa, Cox, Daucher, Dutra, Dutton, Dymally,
Firebaugh, Frommer, Garcia, Goldberg, Hancock, Harman,
Haynes, Jerome Horton, Shirley Horton, Houston, Keene,
Kehoe, Koretz, La Malfa, La Suer, Laird, Leno, Leslie,
Levine, Lieber, Liu, Longville, Lowenthal, Maddox,
Maldonado, Matthews, Maze, McCarthy, Montanez, Mountjoy,
Mullin, Nakanishi, Nakano, Nation, Negrete McLeod,
Oropeza, Pacheco, Parra, Pavley, Plescia, Reyes, Richman,
Runner, Salinas, Samuelian, Simitian, Spitzer, Steinberg,
Strickland, Vargas, Wesson, Wiggins, Wolk, Wyland, Yee,
Nunez
NO VOTE RECORDED: Berg, Diaz, Jackson, Ridley-Thomas
RJG:cm 8/5/04 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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