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AB-2289 Vehicles: specially constructed vehicles: emission control inspection.(2011-2012)



Current Version: 04/19/12 - Amended Assembly         Compare Versions information image


AB2289:v97#DOCUMENT

Amended  IN  Assembly  April 19, 2012
Amended  IN  Assembly  April 11, 2012

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 2289


Introduced  by  Assembly Member Jeffries

February 24, 2012


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


LEGISLATIVE COUNSEL'S DIGEST


AB 2289, as amended, Jeffries. Vehicles: specially constructed vehicles: emission control inspection.
Existing law requires that specially constructed vehicles be inspected by stations authorized to perform referee functions by the Department of Consumer Affairs for the purpose of determining the engine model-year used in the vehicle or the vehicle model-year, and the emission control system application. Existing law requires the Department of Motor Vehicles to provide an initial registration to no more than the first 500 specially constructed vehicles that meet specified criteria and are presented to the department each year for registration.
This bill would require the Department of Motor Vehicles to establish, maintain, and make available to the public a list of the names the number of current applicants each year for registration of a specially constructed vehicle in the order in which the applications are received. The bill would also require the department to indicate the number of specially constructed vehicles that have been registered for that year. The bill would require the department to consider an application that is received after it has registered 500 specially constructed vehicles in a calendar year in the subsequent calendar year based on the order in which the application is received. The bill would prohibit the department from granting, on an annual basis, more than one application for registration of a specially constructed vehicle to an applicant. The bill would require the department to reject an application from an applicant if the applicant already has another application pending before the department.
The bill would require the department to adopt by regulation a secure process that protects an applicant’s privacy and enables the applicant to access the department’s Internet Web site in order for the applicant to determine his or her number on the list of applications.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 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 subdivision (c) of Section 44017.4 of the Health and Safety Code, and the vehicle has not been previously registered pursuant to this section, 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) (1) 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 subdivision (c) of 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 held for consideration for the subsequent calendar year pursuant to subdivision (b) of Section 4750.2 and the vehicle owner is subject to the emission control and inspection requirements applicable to the model-year assigned in the previous registration for registration in the calendar year in which the application is submitted.
(2) For a vehicle participating in the amnesty program in effect from July 1, 2011, to June 30, 2012, 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 paragraph does not preclude the vehicle owner from applying for a different model-year determination pursuant to Section 44017.4 of the Health and Safety Code and making a new application for registration under Section 44017.4 of the Health and Safety Code pursuant to this section in a subsequent calendar year.
(c) (1) The Bureau of Automotive Repair may charge the vehicle owner who applies to participate in the amnesty program a fee for each referee station inspection conducted pursuant to Section 9565. The fee shall be one hundred sixty dollars ($160) and shall be collected by the referee station performing the inspection.
(2) A contract to perform referee services may authorize direct compensation to the referee contractor from the inspection fees collected pursuant to paragraph (1). The referee contractor shall deposit the inspection fees collected from the vehicle owner into a separate trust account that the referee contractor shall account for and manage in accordance with generally accepted accounting standards and principles. Where the department conducts the inspections pursuant to Section 9565, the inspection fees collected by the department shall be deposited into the Vehicle Inspection and Repair Fund.

SEC. 2.

 Section 4750.2 is added to the Vehicle Code, to read:

4750.2.
 (a) The department shall establish, maintain, and make available to the public on its Internet Web site, a list of the names of applicants submitting an a current listing of the date and time that the department received each application for the registration of a specially constructed passenger vehicle or pickup truck pursuant to Section 44017.4 of the Health and Safety Code 4750.1 in the order in which the applications are received by the department during the year and indicating whether the department has registered the vehicle specified in the application shall indicate the number of those vehicles for which an application was submitted that have been registered for that year. The department shall adopt by regulation a secure process to implement this subdivision that protects an applicant’s privacy and enables the applicant to access the department’s Internet Web site and determine his or her position on the list of applications made pursuant to Section 4750.1.
(b) If the department receives an application for registration of a specially constructed passenger vehicle or pickup truck pursuant to Section 44017.4 of the Health and Safety Code 4750.1 after it has registered 500 specially constructed vehicles during that calendar year, the department shall consider the application, based on the order in which the application is received, in the subsequent calendar year subject to the numerical limitation specified in subdivision (c) of Section 44017.4 of the Health and Safety Code in that subsequent calendar year.

(c)The department shall not, on an annual basis, grant more than one application for the registration of a specially constructed passenger vehicle or pickup truck pursuant to Section 44017.4 of the Health and Safety Code to an applicant.

(d)

(c) The department shall reject an application submitted by an applicant if the applicant already has another application filed pursuant to Section 4750.1 pending before the department.