______________________________ Reply Separator _________________________________
Subject: Message on bill sb_42 : billroot:[current.sb.from0000.sb00
Author: Senate-News-Reply@SEN.CA.GOV at ~INTERNET
Date: 9/6/97 12:35 PM
SB 42 Air pollution: vehicles.
BILL NUMBER: SB 42 AMENDED 09/05/97
BILL TEXT
AMENDED IN ASSEMBLY SEPTEMBER 5, 1997
AMENDED IN SENATE FEBRUARY 13, 1997
INTRODUCED BY Senator Kopp
(Coauthors: Senators Knight and Mountjoy)
(Coauthor: Assembly Member Cunneen)
DECEMBER 2, 1996
An act to amend Section 44011 of the Health and Safety Code,
and to amend Section 4000.1 of the Vehicle Code, relating to air
pollution.
LEGISLATIVE COUNSEL'S DIGEST
SB 42, as amended, Kopp. Air pollution: vehicles {+ :
inspection and maintenance +} .
Existing law exempts any motor vehicle manufactured prior to
the 1966 model-year from provisions requiring vehicles powered
by internal combustion engines in certain areas of the state to
obtain a smog check certificate of compliance or noncompliance
biennially, upon transfer of ownership, or upon registration of
a vehicle previously registered outside the state.
This bill would, instead, exempt from those requirements any
motor vehicle {- which -} {+ manufactured prior to the 1974
model year or, beginning January 1, 2003, that +} is {- 25 -} {+
30 +} or more model-years old.
Vote: majority. Appropriation: no. Fiscal committee:
yes. State-mandated local program: no.
SECTION 1. Section 44011 of the Health and Safety Code is
amended to read:
44011. (a) All motor vehicles powered by internal combustion
engines which are registered within an area designated for
program coverage shall be required biennially to obtain a
certificate of compliance or noncompliance, except for all of
the following:
(1) Every motorcycle, and every diesel-powered vehicle, until
the department, pursuant to Section 44012, implements test
procedures applicable to motorcycles or to diesel-powered
vehicles, or both.
(2) Any motor vehicle which has been issued a certificate of
compliance or noncompliance or an emission cost waiver upon a
change of ownership or initial registration in this state during
the preceding six months, or which has been issued a
certificate of exemption pursuant to Section 4000.6 or 4000.7 of
the Vehicle Code. {-
(3) Any motor vehicle which is 25 or more model-years old.
(4) Any other motor vehicle which -} {+
(3) Prior to January 1, 2003, any motor vehicle manufactured
prior to the 1974 model-year.
(4) Beginning January 1, 2003, any motor vehicle that is 30
or more model-years old.
(5) Any other motor vehicle that +} the department determines
would present prohibitive inspection or repair problems. {-
(5) -} {+
(6) +} Any vehicle registered to the owner of a fleet
licensed pursuant to Section 44020 if the vehicle is garaged
exclusively outside the area included in program coverage, and
is not primarily operated inside the area included in program
coverage.
(b) Vehicles designated for program coverage in enhanced
areas shall be required to obtain inspections from appropriate
smog check stations operating in enhanced areas.
SEC. 2. Section 4000.1 of the Vehicle Code is amended to
read:
4000.1. (a) Except as otherwise provided in subdivision (b),
(c), or (d) of this section, or subdivision (b) of Section
43654 of the Health and Safety Code, the department shall
require upon initial registration, and upon transfer of
ownership and registration, of any motor vehicle subject to Part
5 (commencing with Section 43000) of Division 26 of the Health
and Safety Code, and upon registration of a motor vehicle
previously registered outside this state which is subject to
those provisions of the Health and Safety Code, a valid
certificate of compliance or a certificate of noncompliance, as
appropriate, issued in accordance with Section 44015 of the
Health and Safety Code.
(b) With respect to new vehicles certified pursuant to
Chapter 2 (commencing with Section 43100) of Part 5 of Division
26 of the Health and Safety Code, the department shall accept a
statement completed pursuant to subdivision (b) of Section 24007
in lieu of the certificate of compliance.
(c) For purposes of determining the validity of a certificate
of compliance or noncompliance submitted in compliance with the
requirements of this section, the definitions of new and used
motor vehicle contained in Chapter 2 (commencing with Section
39010) of Part 1 of Division 26 of the Health and Safety Code
shall control.
(d) Subdivision (a) does not apply to a transfer of ownership
and registration under any of the following circumstances:
(1) In any district in which biennial certification is
required and a valid certificate was issued in connection with
the most recent renewal of registration of the vehicle, and the
transfer occurred not more than 60 days following the date by
which that renewal of registration was required.
(2) The transferor is either the parent, grandparent,
sibling, child, grandchild, or spouse of the transferee.
(3) A vehicle registered to a sole proprietorship is
transferred to the proprietor as owner.
(4) The transfer is between companies whose principal
business is leasing vehicles, if there is no change in the
lessee or operator of the vehicle or between the lessor and the
person who has been, for at least one year, the lessee's
operator of the vehicle.
(5) The transfer is between the lessor and lessee of the
vehicle, if there is no change in the lessee or operator of the
vehicle. {-
(6) The motor vehicle is 25 or more model-years old. -} {+
(6) Prior to January 1, 2003, the motor vehicle was
manufactured prior to the 1974 model year.
(7) Beginning January 1, 2003, the motor vehicle is 30 or
more model-years old. +}
(e) The State Air Resources Board, under Part 5 (commencing
with Section 43000) of Division 26 of the Health and Safety
Code, may exempt designated classifications of motor vehicles
from subdivision (a) as it deems necessary, and shall notify the
department of that action.
(f) Subdivision (a) does not apply to a motor vehicle when an
additional individual is added as a registered owner of the
vehicle.
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