California 2009-2010 Regular Session Status: Enacted

AB 2289 — Smog check program: testing: penalties.

Last action — Chaptered by Secretary of State - Chapter 258, Statutes of 2010.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 18, 2010. Enacted.

Prognosis

Advancing 54% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Mixed recorded votes

    8 passed, 1 failed in recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law establishes a motor vehicle inspection and maintenance (smog check) program, developed, implemented, and administered by the Department of Consumer Affairs. The smog check program provides for the inspection of a motor vehicle, among other circumstances, upon its initial registration, upon transfer of ownership, and for vehicles registered in certain areas of the state, biennially upon renewal of registration. Existing law requires the smog tests to include, at minimum, loaded mode dynamometer testing in enhanced areas, and 2-speed testing in all other program areas, and a visual or functional check of emission control devices specified by the department. This bill would require the department to implement testing using onboard diagnostic systems, in lieu of loaded mode dynamometer or 2-speed idle testing, only on model year 2000 and newer vehicles, beginning no earlier than January 1, 2013, and otherwise authorize the department, in consultation with the State Air Resources Board, to determine the appropriate test procedures, as specified. The bill would authorize the department to adopt, by regulation, a process by which vehicles that present prohibitive or unusual inspection circumstances are inspected by referees, as provided. A referee would be authorized to charge a fee sufficient to cover the costs of providing certain referee services. The bill would require the department to issue inspection-based performance standards that stations would be required to meet to be eligible to issue certificates of compliance or noncompliance for certain vehicles. The bill would make other changes to the department's authority with respect to the smog check program, including requirements relating to testing equipment and motor vehicle emission data. (2) Existing law authorizes the Department of Consumer Affairs to issue a citation to a smog check station or technician that may specify certain civil penalties. This bill would repeal this provision and related provisions specifying the circumstances in which such a citation may be issued and certain minimum and maximum amounts for civil penalties. It would, instead, authorize the department to issue a citation to a licensee, contractor, or fleet owner for a violation of smog check requirements. The citation could contain an order of abatement or the assessment of an administrative fine between $100 and $5,000, or both, meeting specified requirements. The bill would make other changes to smog check penalty provisions, including authorizing civil penalties up to $5,000 for a violation of smog check requirements.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 258, Statutes of 2010.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 4 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 49. Noes 25. Page 6750.)

  5. Assembly Rule 77 suspended. (Ayes 49. Noes 27. Page 6707.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 27 pursuant to Assembly Rule 77.

  7. Read third time, passed, and to Assembly. (Ayes 22. Noes 11. Page 4874.)

  8. Read second time. To third reading.

  9. Read third time, amended. To second reading.

  10. Read second time. To third reading.

  11. From committee: Do pass. (Ayes 6. Noes 1.) (August 9).

  12. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  13. In committee: Hearing postponed by committee.

  14. Read second time and amended. Re-referred to Com. on APPR.

  15. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 7. Noes 2.) (July 1).

  16. From committee: Do pass, and re-refer to Com. on T. & H. Re-referred. (Ayes 5. Noes 2.) (June 28).

  17. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D.

  18. Referred to Coms. on B., P. & E.D. and T. & H.

  19. In Senate. Read first time. To Com. on RLS. for assignment.

  20. Read third time, passed, and to Senate. (Ayes 48. Noes 27. Page 5521.)

  21. Read second time. To third reading.

  22. Read second time and amended. Ordered returned to second reading.

  23. From committee: Amend, and do pass as amended. (Ayes 12. Noes 5.) (May 28).

  24. In committee: Set, first hearing. Referred to APPR. suspense file.

  25. In committee: Hearing postponed by committee.

  26. Re-referred to Com. on APPR.

  27. Read second time and amended.

  28. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 8. Noes 3.) (April 19).

  29. In committee: Hearing postponed by committee.

  30. Referred to Com. on TRANS.

  31. From printer. May be heard in committee March 21.

  32. Read first time. To print.

Sponsors

  • Eng · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Eng

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 2289 ENG Concurrence in Senate Amendments

Passed 58 Yea · 28 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 542604
Democratic 3000
Republican 1200
Total 582804
% of votes cast 64%31%0%4%
How each member voted (90)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Nay
Eng — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Charles — Yea
Galgiani — Yea
Hagman — Nay
Hall — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Yamada — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Cook — Nay
Coto — Yea
Bill — Nay
Tom — Nay
Harkey — Nay
Hayashi — Yea
Hill — Yea
Fletcher — Nay
Anderson — Nay
Bass — Yea
Block — Yea
DeVore — Nay
Huber — Nay
Jeffries — Nay
Knight — Nay
Logue — Nay
Mendoza — Yea
Monning — Yea
Nava — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Audra — Nay
Miller — Nay
Nestande — Nay
Norby — Not Voting
Silva — Nay
Smyth — Nay
Tran — Not Voting
Villines — Nay
Adams — Nay
Ammiano — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Lieu — Yea
Ma — Yea
Nielsen — Nay
Ruskin — Yea
Swanson — Yea
Torrico — Yea
Evans — Yea
Davis — Not Voting
Fuller — Nay
Garrick — Nay
Gatto — Yea
Gilmore — Not Voting
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Assembly 3rd Reading AB2289 Eng By Lowenthal

Passed 23 Yea · 11 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 211006
Democratic 2000
Republican 0100
Total 231106
% of votes cast 58%28%0%15%
How each member voted (40)
Member Party Vote
Yee — Yea
Leno — Yea
Cedillo — Yea
Hancock — Yea
Corbett — Yea
Kehoe — Yea
DeSaulnier — Yea
Ducheny — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Nay
Cogdill — Nay
Hollingsworth — Not Voting
Huff — Nay
Blakeslee — Nay
Dutton — Nay
Oropeza — Not Voting
Romero — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Not Voting
Wolk — Yea
Aanestad — Nay
Alquist — Yea
Ashburn — Not Voting
Harman — Not Voting
Liu — Yea
McLeod — Yea
Pavley — Yea
Price — Yea
Walters — Not Voting
Wright — Yea
Wyland — Nay
Emmerson — Nay
Correa — Nay
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 6 Yea · 1 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 6104
Total 6104
% of votes cast 55%9%0%36%
How each member voted (11)
Member Party Vote
Yee — Yea
Corbett — Yea
Kehoe — Yea
Leno — Yea
Price — Yea
Ashburn — Nay
Alquist — Not Voting
Walters — Not Voting
Wolk — Yea
Wyland — Not Voting
Emmerson — Not Voting

Official roll call →

AB 2289 ENG Assembly Third Reading

Passed 57 Yea · 28 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 532705
Democratic 3000
Republican 1101
Total 572806
% of votes cast 63%31%0%7%
How each member voted (91)
Member Party Vote
A. — Yea
Feuer — Yea
Carter — Yea
Chesbro — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Hall — Yea
Charles — Yea
Hernandez — Yea
Hill — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
Beall — Yea
Block — Yea
Coto — Yea
Davis — Yea
Mendoza — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Skinner — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Perez — Yea
Conway — Nay
Bill — Nay
Fletcher — Nay
Tom — Not Voting
Audra — Not Voting
Fuller — Nay
Garrick — Nay
Hagman — Nay
Cook — Nay
Harkey — Nay
Huber — Nay
Jeffries — Nay
Knight — Nay
Adams — Nay
Anderson — Nay
Lieu — Not Voting
Miller — Nay
Nestande — Nay
Norby — Not Voting
Silva — Nay
Smyth — Nay
Tran — Nay
Ammiano — Yea
Bass — Yea
Blakeslee — Nay
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huffman — Yea
Logue — Nay
Ma — Yea
Nielsen — Nay
Solorio — Yea
Torres — Yea
Villines — Nay
Emmerson — Nay
Eng — Yea
Evans — Yea
DeVore — Nay
Yamada — Yea
Gilmore — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Not Voting

Official roll call →

Do pass as amended.

Passed 13 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 12500
Democratic 1000
Total 13500
% of votes cast 72%28%0%0%
How each member voted (18)
Member Party Vote
Charles — Yea
Conway — Nay
Coto — Yea
Davis — Yea
Miller — Nay
Monning — Yea
Norby — Nay
Ruskin — Yea
Solorio — Yea
Torlakson — Yea
Ammiano — Yea
Bradford — Yea
Harkey — Nay
Nielsen — Nay
Skinner — Yea
Torrico — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on Appropriations.

Passed 9 Yea · 4 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 9402
Republican 0001
Total 9403
% of votes cast 56%25%0%19%
How each member voted (16)
Member Party Vote
Bonnie — Yea
Lowenthal — Yea
Bill — Nay
Portantino — Not Voting
Galgiani — Yea
Miller — Nay
Norby — Not Voting
Solorio — Yea
Blumenfield — Yea
Buchanan — Yea
Hayashi — Yea
Jeffries — Nay
Eng — Yea
Furutani — Yea
Bill Berryhill — Nay
Niello, Roger W. Republican Not Voting

Official roll call →

Subjects

public-safety environment
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 2289 do?
(1) Existing law establishes a motor vehicle inspection and maintenance (smog check) program, developed, implemented, and administered by the Department of Consumer Affairs. The smog check program provides for the inspection of a motor vehicle, among other circumstances, upon its initial registration, upon transfer of ownership, and for vehicles registered in certain areas of the state, biennially upon renewal of registration. Existing law requires the smog tests to include, at minimum, loaded mode dynamometer testing in enhanced areas, and 2-speed testing in all other program areas, and a visual or functional check of emission control devices specified by the department. This bill would require the department to implement testing using onboard diagnostic systems, in lieu of loaded mode dynamometer or 2-speed idle testing, only on model year 2000 and newer vehicles, beginning no earlier than January 1, 2013, and otherwise authorize the department, in consultation with the State Air Resources Board, to determine the appropriate test procedures, as specified. The bill would authorize the department to adopt, by regulation, a process by which vehicles that present prohibitive or unusual inspection circumstances are inspected by referees, as provided. A referee would be authorized to charge a fee sufficient to cover the costs of providing certain referee services. The bill would require the department to issue inspection-based performance standards that stations would be required to meet to be eligible to issue certificates of compliance or noncompliance for certain vehicles. The bill would make other changes to the department's authority with respect to the smog check program, including requirements relating to testing equipment and motor vehicle emission data. (2) Existing law authorizes the Department of Consumer Affairs to issue a citation to a smog check station or technician that may specify certain civil penalties. This bill would repeal this provision and related provisions specifying the circumstances in which such a citation may be issued and certain minimum and maximum amounts for civil penalties. It would, instead, authorize the department to issue a citation to a licensee, contractor, or fleet owner for a violation of smog check requirements. The citation could contain an order of abatement or the assessment of an administrative fine between $100 and $5,000, or both, meeting specified requirements. The bill would make other changes to smog check penalty provisions, including authorizing civil penalties up to $5,000 for a violation of smog check requirements.
Who sponsors AB 2289?
AB 2289 is sponsored by Eng.
What is the current status of AB 2289?
This bill has been enacted into law. Introduced February 18, 2010. Enacted.
Where can I track AB 2289?
Track AB 2289 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 2289

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 2289

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →