BILL NUMBER: AB 1340	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Kehoe
   (Principal coauthor:  Senator Alpert)

                        FEBRUARY 21, 2003

   An act to amend Section 27200 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1340, as introduced, Kehoe.  Vehicles:  noise limits.
   (1) Existing law prohibits a person from selling or offering for
sale a new motor vehicle, except an off-highway motor vehicle, that
violates specified noise restrictions.
   This bill would include used motor vehicles within this
prohibition. Because a violation of this prohibition would be a
crime, the bill would impose a state-mandated local program by
expanding the definition of a crime.
  (2) 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.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  yes.


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


  SECTION 1.  Section 27200 of the Vehicle Code is amended to read:
   27200.  (a) The Department of Motor Vehicles  shall
  may  not register on a dealer's report of sale a
new  or used  motor vehicle, except an off-highway motor
vehicle subject to identification as provided in Division 16.5
(commencing with Section 38000),  which   that
 produces a maximum noise exceeding the applicable noise limit
at a distance of 50 feet from the centerline of travel under test
procedures established by the Department of the California Highway
Patrol.
   (b) The Department of Motor Vehicles may accept a dealer's
certificate as proof of compliance with this article.
   (c) Test procedures for compliance with this article shall be
established by the Department of the California Highway Patrol,
taking into consideration the test procedures of the Society of
Automotive Engineers.
   (d)  No   A  person  shall
  may   not  sell or offer for sale a new
 or used  motor vehicle, except an off-highway motor vehicle
subject to identification as provided in Division 16.5 (commencing
with Section 38000),  which   that 
produces a maximum noise exceeding the applicable noise limit
specified in this article, and for which noise emission standards or
regulations have not been adopted by the Administrator of the
Environmental Protection Agency pursuant to the Noise Control Act of
1972 (P.L. 92-574).
   (e)  No   A  person  shall
  may   not  sell or offer for sale a new
 or used  motor vehicle, except an off-highway motor vehicle
subject to identification as provided in Division 16.5 (commencing
with Section 38000),  which   that 
produces noise that exceeds or in any way violates the noise emission
standards or regulations adopted for  such a  
the  motor vehicle by the Administrator of the Environmental
Protection Agency pursuant to the Noise Control Act of 1972 (P.L.
92-574).
   (f) As used in this section, the term "register" is equivalent to
the term "licensing" as used in Section 6(e)(2) of the Noise Control
Act of 1972 (P.L. 92-574; Title 42, United States Code, Section 4905
(e)(2)).
  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.