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SB-1505 Aircraft registration. (2023-2024)

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Date Published: 02/16/2024 09:00 PM
SB1505:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 1505

Introduced by Senator Stern

February 16, 2024

An act to add Article 11 (commencing with Section 5400) to Chapter 1 of Division 3 of the Vehicle Code, relating to aircrafts, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


SB 1505, as introduced, Stern. Aircraft registration.
Existing law prohibits a person from driving, moving, or leaving standing upon a highway any motor vehicle, as defined, unless it has been registered with the Department of Motor Vehicles. Existing law generally requires specified information to be submitted to the department and specified vehicle registration fees to be paid to the department at the time of a vehicle’s registration or a renewal of a vehicle’s registration. Under existing law, it is an infraction for a person to violate, or fail to comply with, a provision of the Vehicle Code, unless otherwise specified.
This bill would require the owner of an aircraft based in this state to register the aircraft with the department, as specified. The bill would require the original or renewal registration of an aircraft to include specified information. Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program.
The bill would require the department to determine the aircraft registration fee, but would require the fee to cover the costs incurred in connection with the administration of this program and to include an amount to be used to combat the detrimental environmental impacts of aircraft emissions, thereby imposing a tax. The bill would create the Aircraft Registration Account in the State Transportation Fund, and would require the fee revenues to be deposited in that account. The bill would continuously appropriate moneys in that account without regard to fiscal years, thus making an appropriation.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of 2/3 of the membership of each house of the Legislature.
Vote: 2/3   Appropriation: YES   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Article 11 (commencing with Section 5400) is added to Chapter 1 of Division 3 of the Vehicle Code, to read:
Article  11. Registration of Aircraft

5400.
 For purposes of this article:
(a) “Aircraft” means a device that is designed to provide air transportation for one or more individuals or for cargo. “Aircraft” does not include zero-emission aircraft or an aircraft owned or operated by a person that is an air carrier operating pursuant to Part 121 (commencing with Section 121.1) or Part 135 (commencing with Section 135.1) of Title 14 of the Code of Federal Regulations.
(b) “Dealer” means a person with an established place of business in this state who is engaged in the business of manufacturing, buying, selling, or exchanging new or used aircraft.
(c) “Owner” means a person who holds or is required to obtain a certificate of registration from the Federal Aviation Administration for a specific aircraft.

5401.
 (a) The owner of an aircraft based in this state shall originally register the aircraft with the department as follows:
(1) An owner who owns an aircraft as of January 1, 2025, shall register the aircraft on or before January 1, 2027.
(2) An owner who purchases an aircraft between January 1, 2025, and January 1, 2027, inclusive, shall register the aircraft within 10 days of purchase if the department has implemented regulations necessary to implement this article or, if regulations have not yet been implemented, within 10 days of the implementation of those regulations.
(3) An owner who purchases an aircraft on or after January 1, 2027, shall register the aircraft within 10 days of purchase.
(4) An owner who relocates an aircraft from another jurisdiction to be based in this state between January 1, 2025, and January 1, 2027, inclusive, shall register the aircraft within 20 days of the relocation if the department has implemented regulations necessary to implement this article or, if regulations have not yet been implemented, within 20 days of the implementation of those regulations.
(5) An owner who relocates an aircraft from another jurisdiction to be based in this state on or after January 1, 2027, shall register the aircraft within 20 days of the relocation.
(b) Upon the sale of an aircraft, a dealer may register the aircraft with the department on behalf of the owner.
(c) The owner of an aircraft based in this state shall annually renew the aircraft’s registration with the department.

5402.
 Application for the original or renewal registration of an aircraft shall be made by the owner to the department upon the appropriate form furnished by the department and shall contain all of the following:
(a) The true, full name, business or residence and mailing address, driver’s license or identification card number, if any, and Airman Certificate Number from the Federal Aviation Administration, if any, of the owner, and the true, full name and business or residence or mailing address of the legal owner, if any.
(b) The name of the county in which the owner resides.
(c) A description of the aircraft, including the following data insofar as they may exist:
(1) The make, model, and type of aircraft.
(2) The aircraft registration number or any other identifying number as may be required by the department.
(3) The date first sold by a manufacturer, remanufacturer, or dealer to a consumer.
(d) Any other information that is reasonably required by the department to enable it to determine if the aircraft is lawfully entitled to registration.

5403.
 (a) Notwithstanding Sections 9250 and 9250.1, the department shall determine the appropriate registration fee to be paid to the department for each aircraft.
(b) The registration fee shall cover the costs incurred in connection with the administration of the registration program implemented pursuant to this article, including administrative costs for aircraft registration, and shall include an amount to be used for the purpose described in paragraph (2) of subdivision (c). The fee revenues shall be deposited into the Aircraft Registration Account, which is hereby created in the State Transportation Fund.
(c) Notwithstanding Section 13340 of the Government Code, the moneys in the Aircraft Registration Account are continuously appropriated without regard to fiscal year for both of the following:
(1) The department’s costs incurred in connection with the administration of the registration program implemented pursuant to this article.
(2) For use to combat the detrimental environmental impacts of aircraft emissions, including particulate matter emissions.

5404.
 The department shall adopt regulations to implement this article on or before January 1, 2027, pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.