California 2009-2010 Regular Session Status: To Executive

SB 435 — Vehicles: pollution control devices.

Last action — Chaptered by Secretary of State. Chapter 407, Statutes of 2010.

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

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) Existing federal regulations require a motorcycle manufactured on and after January 1, 1983, and exhaust emission systems for those motorcycles, to meet specified noise emissions standards and require that a label be affixed onto the motorcycle or exhaust emission system indicating that the motorcycle or exhaust emission system meets the noise emissions standards. This bill would make it a crime for a person to park, use, or operate a motorcycle, registered in the state, that is manufactured on and after January 1, 2013, or a motorcycle, registered in the state, with aftermarket exhaust system equipment that is manufactured on or after January 1, 2013, that does not have the above label, and would make a violation of this provision punishable by a specified fine, thereby imposing a state-mandated local program by creating a new crime. The bill would require the person to whom a notice to appear is issued, or against whom a complaint is filed, for the above violation, to provide proof of correction. The bill would authorize a court to dismiss the penalty imposed for a first violation if the person produces proof of correction to the satisfaction of the court. (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.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 407, Statutes of 2010.

  2. Approved by Governor.

  3. Enrolled. To Governor at 4 p.m.

  4. Senate concurs in Assembly amendments. (Ayes 21. Noes 16. Page 5008.) To enrollment.

  5. From committee: That the Assembly amendments be concurred in. (Ayes 6. Noes 2. Page 4807.)

  6. Set for hearing August 23.

  7. From committee: Be re-referred to Com. on T. & H. (Ayes 4. Noes 0. Page 4627.) Re-referred to Com. on T. & H.

  8. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10.

  9. In Senate. To unfinished business.

  10. Read third time. Passed. (Ayes 43. Noes 31. Page 6338.) To Senate.

  11. Read second time. To third reading.

  12. Read second time. Amended. To second reading.

  13. (Heard in committee on August 4.)

  14. From committee: Do pass as amended. (Ayes 11. Noes 5.)

  15. Read second time. Amended. Re-referred to Com. on APPR.

  16. (Heard in committee on June 28.)

  17. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 8. Noes 4.)

  18. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on TRANS.

  19. Set, second hearing. Hearing canceled at the request of author.

  20. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on TRANS.

  21. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on TRANS.

  22. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on TRANS.

  23. Set, first hearing. Hearing canceled at the request of author.

  24. To Com. on TRANS.

  25. In Assembly. Read first time. Held at Desk.

  26. Read third time. Passed. (Ayes 22. Noes 17. Page 1108.) To Assembly.

  27. Read second time. Amended. To third reading.

  28. From committee: Do pass as amended. (Ayes 7. Noes 5. Page 1071.)

  29. (Suspense - for vote only.)

  30. Set for hearing May 28.

  31. Placed on APPR suspense file.

  32. Set for hearing April 27.

  33. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 7. Noes 3. Page 499.) Re-referred to Com. on APPR.

  34. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on T. & H.

  35. Set for hearing April 14.

  36. To Com. on T. & H.

  37. From print. May be acted upon on or after March 28.

  38. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 4 voted No

Sponsors (1)

  • Pavley

Co-sponsors (1)

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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

Unfinished Business SB435 Pavley

Passed 22 Yea · 16 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 201502
Democratic 2000
Republican 0100
Total 221602
% of votes cast 55%40%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Nay
Cedillo — Yea
Lowenthal — Yea
Negrete — Yea
Ducheny — Nay
Florez — Yea
Hollingsworth — Nay
Huff — Nay
Runner — Nay
Kehoe — Yea
Leno — Yea
Liu — Yea
Dutton — Nay
McLeod — Yea
Oropeza — Not Voting
Blakeslee — Nay
Pavley — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Not Voting
Wolk — Yea
Aanestad — Nay
Alquist — Yea
Ashburn — Nay
Harman — Nay
Walters — Nay
Wright — Yea
Cogdill — Nay
Corbett — Yea
Emmerson — Nay
Correa — Nay
DeSaulnier — Yea
Denham — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

SB 435 Pavley Senate Third Reading By HILL

Passed 49 Yea · 36 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 473404
Democratic 1002
Republican 1200
Total 493606
% of votes cast 54%40%0%7%
How each member voted (91)
Member Party Vote
Hall — Yea
Carter — Yea
Chesbro — Yea
Feuer — Yea
Fuentes — Yea
Galgiani — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Ammiano — Yea
Beall — Yea
Coto — Yea
Bonnie — Yea
Lowenthal — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Conway — Nay
Cook — Nay
Bill — Nay
Tom — Nay
Fuller — Nay
Fletcher — Nay
V. — Nay
Manuel — Nay
Perez — Nay
Audra — Nay
Charles — Not Voting
Garrick — Nay
Anderson — Nay
DeVore — Nay
Gilmore — Nay
Hagman — Nay
Harkey — Nay
Hernandez — Yea
Hill — Yea
Huffman — Yea
Jeffries — Nay
Lieu — Yea
Logue — Not Voting
Mendoza — Yea
Monning — Yea
Nava — Yea
Norby — Nay
Ruskin — Yea
Silva — Nay
Smyth — Nay
Solorio — Nay
Torlakson — Yea
Torres — Nay
Tran — Nay
Villines — Nay
Adams — Nay
Bass — Yea
Blakeslee — Not Voting
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Nay
Knight — Nay
Ma — Yea
Miller — Nay
Nestande — Nay
Nielsen — Nay
Skinner — Yea
Swanson — Yea
Torrico — Yea
Eng — Yea
Evans — Not Voting
Davis — Yea
Yamada — Yea
Furutani — Nay
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Not Voting
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 13 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 12501
Democratic 1000
Total 13501
% of votes cast 68%26%0%5%
How each member voted (19)
Member Party Vote
Hall — Yea
Gatto — Yea
Charles — Yea
De — Yea
Leon — Yea
Conway — Nay
Harkey — Nay
Nielsen — Nay
Norby — Nay
Solorio — Not Voting
Bradford — Yea
Miller — Nay
Skinner — Yea
Torlakson — Yea
Torrico — Yea
Coto — Yea
Davis — 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 · 5 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 9402
Republican 0100
Total 9502
% of votes cast 56%31%0%13%
How each member voted (16)
Member Party Vote
Bonnie — Yea
Lowenthal — Yea
Portantino — Yea
Bill — Nay
Furutani — Yea
Hayashi — Yea
Jeffries — Not Voting
Norby — Nay
Blumenfield — Yea
Buchanan — Yea
Miller — Nay
Solorio — Not Voting
Eng — Yea
Galgiani — Yea
Bill Berryhill — Nay
Niello, Roger W. Republican Nay

Official roll call →

Senate 3rd Reading SB435 Pavley

Passed 23 Yea · 17 Nay
Party YeaNayPresentNot Voting
Unaffiliated 211600
Democratic 2000
Republican 0100
Total 231700
% of votes cast 58%43%0%0%
How each member voted (40)
Member Party Vote
Yee — Yea
Corbett — Yea
Florez — Yea
Lowenthal — Yea
Negrete — Yea
Hancock — Yea
Kehoe — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Oropeza — Yea
Pavley — Yea
Runner — Nay
Cogdill — Nay
Correa — Nay
Harman — Nay
Huff — Nay
Maldonado — Nay
Romero — Yea
Steinberg — Yea
Walters — Nay
Ashburn — Nay
Benoit — Nay
Cox — Nay
Ducheny — Nay
Dutton — Nay
Wolk — Yea
Wright — Yea
Aanestad — Nay
Alquist — Yea
Hollingsworth — Nay
Simitian — Yea
Wiggins — Yea
Cedillo — Yea
Wyland — Nay
DeSaulnier — Yea
Denham — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 7 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 7501
Total 7501
% of votes cast 54%38%0%8%
How each member voted (13)
Member Party Vote
Wyland — Nay
Yee — Yea
Runner — Nay
Corbett — Yea
Hancock — Yea
Leno — Yea
Oropeza — Yea
Wolk — Not Voting
Kehoe — Yea
Walters — Nay
Cox — Nay
DeSaulnier — Yea
Denham — Nay

Official roll call →

Placed on Appropriations Suspense file.

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
Yee — Yea
Hancock — Yea
Runner — Yea
Oropeza — Yea
Wolk — Yea
Kehoe — Yea
Leno — Yea
Walters — Yea
Wyland — Yea
Corbett — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea

Official roll call →

Do pass, but re-refer to the Committee on Appropriations.

Passed 7 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 1000
Unaffiliated 6301
Total 7301
% of votes cast 64%27%0%9%
How each member voted (11)
Member Party Vote
Hollingsworth — Nay
Huff — Nay
Kehoe — Yea
Oropeza — Not Voting
Pavley — Yea
Simitian — Yea
Ashburn — Nay
Harman — Yea
Wolk — Yea
DeSaulnier — Yea
Lowenthal, Josh Democratic Yea

Official roll call →

Subjects

public-safety environment
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Frequently asked questions

What does SB 435 do?
(1) Existing federal regulations require a motorcycle manufactured on and after January 1, 1983, and exhaust emission systems for those motorcycles, to meet specified noise emissions standards and require that a label be affixed onto the motorcycle or exhaust emission system indicating that the motorcycle or exhaust emission system meets the noise emissions standards. This bill would make it a crime for a person to park, use, or operate a motorcycle, registered in the state, that is manufactured on and after January 1, 2013, or a motorcycle, registered in the state, with aftermarket exhaust system equipment that is manufactured on or after January 1, 2013, that does not have the above label, and would make a violation of this provision punishable by a specified fine, thereby imposing a state-mandated local program by creating a new crime. The bill would require the person to whom a notice to appear is issued, or against whom a complaint is filed, for the above violation, to provide proof of correction. The bill would authorize a court to dismiss the penalty imposed for a first violation if the person produces proof of correction to the satisfaction of the court. (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.
Who sponsors SB 435?
SB 435 is sponsored by Pavley and Bonnie Lowenthal.
What is the current status of SB 435?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 435?
Track SB 435 free on One Click Politics — get push/email alerts when it moves.

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