BILL NUMBER: SB 811	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 13, 2009

INTRODUCED BY   Senator DeSaulnier

                        FEBRUARY 27, 2009

   An act to  amend Sections 4304 and 4750.1 of, and to  add
Section 4750.2 to  ,  the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 811, as amended, DeSaulnier. Vehicles: specially constructed
vehicles.
   Existing law, upon application for registration of a vehicle
previously registered outside this state, requires the Department of
Motor Vehicles to grant full faith and credit to the currently valid
certificate of title describing the vehicle, the ownership thereof,
and the liens thereon, issued by the state in which the vehicle was
last registered. Existing law also requires the department to require
 ,  upon registration of a motor vehicle  ,
 previously registered outside this state, a valid
certificate of compliance, or a certificate of noncompliance, with
California's emission regulations. Existing law additionally requires
specially constructed vehicles, depending on various criteria, to be
subject to different emission inspection and control requirements
based on the engine  model year   model-year
 , the vehicle  model year   model-year
 , or the calendar year in which the application for vehicle
registration is submitted. 
   This bill would require specially constructed vehicles, as
defined, that were previously registered outside this stateto be
subject to emission control and inspection requirements applicable to
the same calendar year that the vehicle was originally constructed
as a specially constructed vehicle.  
   This bill would require a specially constructed vehicle, that was
previously registered outside this state, to be assigned a model-year
based on various criteria for purposes of determining emission
inspection requirements for the vehicle. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 4304 of the   Vehicle
Code   is amended to read: 
   4304.   Upon   Unless otherwise provided in
Section 4750.2, upon  application for registration of a vehicle
previously registered outside this State, the department shall grant
full faith and credit to the currently valid certificate of title
describing the vehicle, the ownership thereof, and any liens thereon,
issued by the state in which the vehicle was last registered, except
that the laws of the state shall provide for the notation upon the
certificate of title of any and all liens and encumbrances other than
those dependent upon possession.
   SEC. 2.    Section 4750.1 of the   Vehicle
Code   is amended 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 inspection requirements for the vehicle. 
   (b) 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 the calendar
year pursuant to Section 44017.4 of the Health and Safety Code, and
the vehicle was previously registered outside this state, the vehicle
shall be assigned the same model-year as the calendar year in which
it was first registered outside this state, for purposes of
determining emissions inspection requirements for the vehicle. 

   (b) 
    (c)  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. For a vehicle that
participated in the amnesty program pursuant to Section 9565, the
model-year of the previous registration shall be the calendar year of
the year in which the vehicle owner applied for amnesty. 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.
   SECTION 1.   SEC. 3.   Section 4750.2 is
added to the Vehicle Code, to read:
   4750.2.   Notwithstanding Section 4304 or 4750.1, if
  If  the application for registration of a vehicle
previously registered outside this state is for a specially
constructed vehicle, as defined in Section 580, the vehicle 
is subject to emission control and inspection requirements applicable
to the same calendar year that the vehicle was originally
constructed as a specially constructed vehicle, unless otherwise
modified by Section 44017.4 of the Health and Safety Code. 
 shall be assigned a   model-year in accordance with the
procedures established by Section 44017.4 of the Health and Safety
Code and Section 4750.1 of this code for purposes of determining
emission inspection requirements for the vehicle.