BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 165|
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UNFINISHED BUSINESS
Bill No: SB 165
Author: Lowenthal (D)
Amended: 8/20/10
Vote: 21
SENATE TRANSPORTATION & HOUSING COMMITTEE : 9-1, 4/28/09
AYES: Lowenthal, Huff, Ashburn, DeSaulnier, Harman, Kehoe,
Pavley, Simitian, Wolk
NOES: Hollingsworth
NO VOTE RECORDED: Oropeza
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 38-0, 6/2/09
AYES: Aanestad, Alquist, Ashburn, Benoit, Calderon,
Cedillo, Cogdill, Corbett, Correa, Cox, Denham,
DeSaulnier, Dutton, Florez, Hancock, Harman,
Hollingsworth, Huff, Kehoe, Leno, Liu, Lowenthal,
Maldonado, Negrete McLeod, Oropeza, Padilla, Pavley,
Romero, Runner, Simitian, Steinberg, Strickland, Walters,
Wiggins, Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Ducheny, Vacancy
ASSEMBLY FLOOR : Not available
SUBJECT : Specially constructed vehicles
SOURCE : Author
DIGEST : This bill recasts code provisions dealing with
CONTINUED
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the registration of specially constructed vehicles.
Assembly Amendments delete the Senate version of the bill,
which made several cleanup and noncontroversial changes to
the law related to transportation, and instead add the
current language.
ANALYSIS :
Existing law:
1. 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 such vehicles to be
subject to the emission control system testing and
certification requirements established by the Bureau of
Automotive Repair (BAR).
2. Requires a passenger vehicle or pickup truck that is a
specially constructed vehicle to be inspected by
stations authorized to perform referee functions for the
purposes of determining the engine model-year used in
the vehicle or the vehicle model-year, and the emission
control system application.
3. Grants the vehicle owner the option to choose whether
the inspection is based on the engine model-year used in
the vehicle or the vehicle model-year.
4. Requires the referee, in determining the engine
model-year, to compare the engine to engines of the era
that the engine most closely resembles and to assign the
1960 model-year to the engine in any specially
constructed vehicle that does not sufficiently resemble
a previously manufactured engine.
5. Requires the referee, in determining the vehicle
model-year, to compare the vehicle to vehicles of the
era that the vehicle most closely resembles and to
assign the 1960 model-year to any specially constructed
vehicle that does not sufficiently resemble a previously
manufactured vehicle.
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6. Allows the Department of Motor Vehicles (DMV) to provide
an initial registration to no more than the first 500
vehicles that meet the specified criteria and are
presented to DMV each year for registration.
7. Requires DMV, when considering a registration
application for a specially constructed vehicle that is
not among the first 500 applicants, to assign that
vehicle the same model-year as the calendar year in
which the application is submitted, for purposes of
determining emissions inspection requirements for the
vehicle.
8. Requires DMV to develop and administer a vehicle
registration amnesty program, from January 1, 2010,
until December 31, 2010, for vehicles that have been
previously registered or classified incorrectly and that
are subsequently registered correctly.
9. Prohibits bringing a criminal action for making false
statements relating to a vehicle's value, make, model,
or for failure to register the vehicle, against a
current owner who has been granted amnesty under the
amnesty program.
10.Requires the owners of specially constructed vehicles
who apply for amnesty under this program to obtain an
emissions control certificate.
This bill:
1. Switches from the Vehicle Code to the Health and Safety
Code, the responsibilities of the BAR in regard to the
registration of specially constructed vehicles.
2. Switches from the Health and Safety Code to the Vehicle
Code, the responsibilities of DMV in regard to the
registration of specially constructed vehicles.
3. Clarifies that specially constructed vehicles that are
currently registered may apply to register the vehicle
using a different model year determined in subsequent
years.
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4. Contains double-jointing language with AB 2461
(Emmerson).
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
JJA:mw 8/27/10 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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