California 2009-2010 Regular Session Status: Enacted

AB 787 — Smog check: vehicle repair assistance and retirement program.

Last action — Chaptered by Secretary of State - Chapter 231, Statutes of 2010.

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  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 26, 2009. Enacted.

Prognosis

Likely to advance 70% · 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.

  • Cleared a recorded vote

    Passed 12 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 department) . The duty of enforcing and administering the program is vested in the Chief of the Bureau of Automotive Repair within the department. The owner of a motor vehicle that has failed its most recent smog check inspection has the right to retire the vehicle from operation at a dismantler under contract with the Bureau of Automotive Repair, and the department is required to pay this person up to $1,500, or more if cost effective. This bill would instead require the department to pay a person who retires his or her vehicle $1,500 for a low-income motor vehicle owner, as defined, and $1,000 for all other motor vehicle owners, and would authorize additional payments above these amounts based on consideration of specified criteria. The bill would require the department to permit vehicle retirement for any motor vehicle that has been continuously registered in the state for at least 2 years prior to vehicle retirement, and that fails any type of smog check inspection lawfully performed in the state. Existing law also creates an enhanced fleet modernization program for the retirement of high polluting vehicles to be administered by the Bureau of Automotive Repair pursuant to guidelines adopted by the State Air Resources Board. This bill would require retirement payments made pursuant to that program to also be $1,500 for a low-income motor vehicle owner and $1,000 for all other motor vehicle owners, and would authorize additional payments above these amounts based on the same criteria as in the vehicle retirement program discussed above. (2) Existing law provides for a repair assistance program available to an individual whose maximum income level is 185% of the federal poverty level, or 225% of the federal poverty level if a certain determination is made, and who is the owner of a motor vehicle that has failed a smog check inspection or received a notice to correct, or an individual who has failed a smog check inspection and is directed to a test-only facility. This bill would make the repair assistance program available only to low-income individuals whose income does not exceed 225% of the federal poverty level, as specified. The bill would make other conforming changes, and delete obsolete provisions of law.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 231, Statutes of 2010.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 5 p.m.

  4. (Corrected September 9.)

  5. Senate amendments concurred in. To enrollment. (Ayes 60. Noes 12. Page 6796.)

  6. From committee: With recommendation: That Senate amendments be concurred in. (August 26).

  7. Joint Rule 62(a), file notice suspended. (Page 6735.)

  8. Re-referred to Com. on TRANS. pursuant to Assembly Rule 77.2.

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

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

  11. Read third time, passed, and to Assembly. (Ayes 27. Noes 5. Page 4861.)

  12. Read second time. To third reading.

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

  14. Read second time. To third reading.

  15. Received August 13 pursuant to Joint Rule 61(b)(14)

  16. From committee: Do pass. (Ayes 7. Noes 4.) (August 12).

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

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

  19. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (June 29).

  20. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on T. & H.

  21. Re-referred to Com. on T. & H.

  22. Withdrawn from committee. Re-referred to Com. on RLS.

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

  24. In committee: Held under submission.

  25. In committee: Placed on Appropriations suspense file.

  26. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 5. Noes 0.) (July 7).

  27. Referred to Com. on E., R., & C.A.

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

  29. Read third time, passed, and to Senate. (Ayes 74. Noes 1. Page 1959.)

  30. Read second time. To third reading.

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

  32. From committee: Amend, and do pass as amended. (Ayes 13. Noes 4.) (May 28).

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

  34. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 7. Noes 0.) (April 30).

  35. From committee: Be re-referred to Com. on E. & R. Re-referred. (Ayes 8. Noes 0.) (April 23).

  36. Re-referred to Com. on RULES by unanimous consent.

  37. Re-referred to Com. on PUB. S.

  38. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  39. In committee: Set, first hearing. Hearing canceled at the request of author.

  40. Referred to Com. on PUB. S.

  41. From printer. May be heard in committee March 29.

  42. Read first time. To print.

Sponsors

  • Hill · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 3 voted No

Sponsors (1)

  • Hill

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

Passed 69 Yea · 14 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 641307
Democratic 3000
Republican 2100
Total 691407
% of votes cast 77%16%0%8%
How each member voted (90)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Charles — Yea
De — Yea
La — Yea
Ammiano — Yea
Bass — Yea
Beall — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — 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
DeVore — Nay
Tom — Nay
Audra — Nay
Bill — Not Voting
Evans — Yea
Feuer — Yea
Fuller — Nay
Furutani — Yea
Garrick — Nay
Gilmore — Not Voting
Hagman — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
Huber — Yea
Huffman — Yea
Knight — Nay
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Norby — Not Voting
Ruskin — Yea
Silva — Yea
Smyth — Nay
Solorio — Not Voting
Torlakson — Not Voting
Torres — Yea
Tran — Yea
Villines — Yea
Adams — Nay
Anderson — Nay
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Jeffries — Not Voting
Logue — Nay
Ma — Yea
Nestande — Yea
Nielsen — Nay
Skinner — Yea
Swanson — Yea
Torrico — Yea
Coto — Yea
Eng — Yea
Davis — Yea
Yamada — Yea
Fuentes — Yea
Galgiani — Yea
Gatto — Yea
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 Yea
Strickland, Tony Republican Nay

Official roll call →

Passed 13 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 12003
Republican 1000
Total 13003
% of votes cast 81%0%0%19%
How each member voted (16)
Member Party Vote
Furutani — Yea
Hayashi — Yea
Jeffries — Not Voting
Bonnie — Yea
Lowenthal — Yea
Portantino — Yea
Bill — Not Voting
Miller — Yea
Norby — Yea
Ruskin — Yea
Solorio — Yea
Blumenfield — Yea
Eng — Yea
Galgiani — Yea
Bill Berryhill — Not Voting
Niello, Roger W. Republican Yea

Official roll call →

Passed 28 Yea · 5 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 25507
Democratic 2000
Republican 1000
Total 28507
% of votes cast 70%13%0%18%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Corbett — Yea
Kehoe — Yea
Ducheny — Yea
McLeod — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Ashburn — Yea
Price — Yea
Romero — Yea
Florez — Not Voting
Wyland — Yea
Cogdill — Nay
Correa — Not Voting
Denham — Nay
Dutton — Not Voting
Oropeza — Not Voting
Walters — Nay
Wiggins — Not Voting
Wright — Yea
Aanestad — Nay
Alquist — Yea
Blakeslee — Nay
Harman — Not Voting
Hollingsworth — Not Voting
Huff — Yea
Leno — Yea
Liu — Yea
Pavley — Yea
Simitian — Yea
Steinberg — Yea
Wolk — Yea
Cedillo — Yea
Emmerson — Yea
DeSaulnier — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 7 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7400
Total 7400
% of votes cast 64%36%0%0%
How each member voted (11)
Member Party Vote
Yee — Yea
Ashburn — Nay
Leno — Yea
Price — Yea
Wolk — Yea
Wyland — Nay
Alquist — Yea
Kehoe — Yea
Walters — Nay
Corbett — Yea
Emmerson — Nay

Official roll call →

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10001
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Yee — Yea
Corbett — Yea
Kehoe — Yea
Ashburn — Yea
Price — Yea
Walters — Not Voting
Wolk — Yea
Alquist — Yea
Leno — Yea
Wyland — Yea
Emmerson — Yea

Official roll call →

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Wyland — Yea
Yee — Yea
Runner — Yea
Corbett — Yea
Hancock — Yea
Leno — Yea
Oropeza — Yea
Price — Yea
Walters — Yea
Kehoe — Yea
Wolk — Yea
Cox — Yea
Denham — Yea

Official roll call →

Passed 85 Yea · 1 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 79106
Democratic 3000
Republican 3000
Total 85106
% of votes cast 92%1%0%7%
How each member voted (92)
Member Party Vote
Hagman — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Tom — Yea
Eng — Yea
Evans — Yea
Charles — Yea
Fuentes — Yea
Fuller — Yea
Garrick — Yea
Gilmore — Yea
Hall — Yea
Harkey — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hernandez — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Ammiano — Yea
Beall — Yea
Blakeslee — Yea
Coto — Yea
Hill — Yea
Huffman — Yea
Jeffries — Yea
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Monning — Yea
Nava — Yea
Nestande — Yea
Price — Yea
Ruskin — Yea
Audra — Yea
Bill — Not Voting
Bass — Yea
Duvall — Not Voting
Miller — Not Voting
Nielsen — Nay
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Anderson — Yea
Block — Not Voting
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Yea
Logue — Yea
Ma — Yea
Silva — Yea
Skinner — Yea
Swanson — Yea
Torrico — Yea
Emmerson — Yea
Feuer — Yea
Davis — Yea
DeVore — Yea
Yamada — Yea
Furutani — Not Voting
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
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 Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 18 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16400
Democratic 1000
Republican 1000
Total 18400
% of votes cast 82%18%0%0%
How each member voted (22)
Member Party Vote
Duvall — Nay
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Hall — Yea
Harkey — Nay
Price — Yea
Torlakson — Yea
Ammiano — Yea
Krekorian — Yea
Miller — Nay
Nielsen — Nay
Skinner — Yea
Solorio — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 8 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 8003
Total 8003
% of votes cast 73%0%0%27%
How each member voted (11)
Member Party Vote
Hall — Yea
Gaines — Not Voting
Lieu — Yea
Silva — Yea
Torlakson — Not Voting
Adams — Yea
Ammiano — Yea
Blakeslee — Yea
Mendoza — Not Voting
Swanson — Yea
Yamada — Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 787 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 department) . The duty of enforcing and administering the program is vested in the Chief of the Bureau of Automotive Repair within the department. The owner of a motor vehicle that has failed its most recent smog check inspection has the right to retire the vehicle from operation at a dismantler under contract with the Bureau of Automotive Repair, and the department is required to pay this person up to $1,500, or more if cost effective. This bill would instead require the department to pay a person who retires his or her vehicle $1,500 for a low-income motor vehicle owner, as defined, and $1,000 for all other motor vehicle owners, and would authorize additional payments above these amounts based on consideration of specified criteria. The bill would require the department to permit vehicle retirement for any motor vehicle that has been continuously registered in the state for at least 2 years prior to vehicle retirement, and that fails any type of smog check inspection lawfully performed in the state. Existing law also creates an enhanced fleet modernization program for the retirement of high polluting vehicles to be administered by the Bureau of Automotive Repair pursuant to guidelines adopted by the State Air Resources Board. This bill would require retirement payments made pursuant to that program to also be $1,500 for a low-income motor vehicle owner and $1,000 for all other motor vehicle owners, and would authorize additional payments above these amounts based on the same criteria as in the vehicle retirement program discussed above. (2) Existing law provides for a repair assistance program available to an individual whose maximum income level is 185% of the federal poverty level, or 225% of the federal poverty level if a certain determination is made, and who is the owner of a motor vehicle that has failed a smog check inspection or received a notice to correct, or an individual who has failed a smog check inspection and is directed to a test-only facility. This bill would make the repair assistance program available only to low-income individuals whose income does not exceed 225% of the federal poverty level, as specified. The bill would make other conforming changes, and delete obsolete provisions of law.
Who sponsors AB 787?
AB 787 is sponsored by Hill.
What is the current status of AB 787?
This bill has been enacted into law. Introduced February 26, 2009. Enacted.
Where can I track AB 787?
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