BILL NUMBER: SB 811	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 4, 2009
	AMENDED IN SENATE  APRIL 13, 2009

INTRODUCED BY   Senator DeSaulnier

                        FEBRUARY 27, 2009

   An act to amend  Sections 4304 and 4750.1  
Section 4304  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,
the vehicle model-year, or the calendar year in which the application
for vehicle registration is submitted.
   This bill would require a specially constructed vehicle, that was
previously registered outside this state, to be assigned  a
  the same  model-year  based on various
criteria   as the calendar year in which the vehicle was
first registered outside this state  for purposes of
determining emission inspection requirements for the vehicle  ,
except as specified  .  If the department is unable to
establish the year the v   ehicle was originally registered,
the bill would require the   department to assign the same
model-year as the calendar year in which the application for
registration was submitted. 
   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.  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.
   (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. 
   SEC. 3.   SEC. 2.   Section 4750.2 is
added to the Vehicle Code, to read:
   4750.2.   (a)    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 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.
  the same model-year as the calendar year in which the
vehicle was first registered outside this state for purposes of
determining emission inspection requirements for the vehicle. 

   (b) This section does not preclude a vehicle owner from applying
for a different model-year determination and application for
registration under Section 44017.4 of the Health and Safety Code. If
an application for a different model-year determination and
registration is made after the department has registered 500
specially constructed vehicles pursuant to Section 44017.4, the
application shall be denied and the vehicle shall be subject to the
emission control and inspection requirements applicable to the same
model-year as the calendar year in which the vehicle was originally
registered outside this state pursuant to this section. A denial of
an application issued pursuant to this subdivision does not preclude
the vehicle owner from applying for a different model-year
determination under Section 44017.4 of the Health and Safety Code in
a subsequent calendar year.  
   (c) If the department is unable to establish the year in which the
vehicle was originally registered, it shall assign the same
model-year as the calendar year in which the application for
registration was submitted. The department may establish by
regulation the procedures for determining the original year of
registration.