BILL NUMBER: SB 94 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 15, 2011
INTRODUCED BY Committee on Budget and Fiscal Review
JANUARY 10, 2011
An act relating to the Budget Act of 2011.
An act to amend Sections 1661, 4000, 4601, 5902.5, and
9554 of the Vehicle Code, relating to vehicles, and making an
appropriation therefor, to take effect immediately, bill related to
the budget.
LEGISLATIVE COUNSEL'S DIGEST
SB 94, as amended, Committee on Budget and Fiscal Review.
Budget Act of 2011. Vehicle License Fee Law: vehicle
registration.
(1) Existing law establishes fees for original and renewal
registration of vehicles to be collected by the Department of Motor
Vehicles. Existing law requires the department, with a specified
exception, to notify the registered owner of each vehicle of the date
that registration renewal fees for the vehicle are due, at least 60
days prior to that due date, and to indicate the fact that the
required notice was mailed by a notation in the department's records.
This bill would, commencing on May 1, 2011, and operative until
January 1, 2012, require that the department's time period for
notification that vehicle registration renewal fees are due does not
apply to vehicles with registration expiring on or after July 1,
2011.
(2) Existing law prohibits a person from driving, moving, or
leaving standing upon a highway, or in an offstreet public parking
facility, any motor vehicle, trailer, semitrailer, pole or pipe
dolly, or logging dolly, unless it is registered and the appropriate
fees have been paid under the Vehicle Code or registered under the
permanent trailer identification program, except as specified.
This bill would require, beginning July 1, 2011, and operative
until January 1, 2012, that enforcement of the above-specified
provisions commence on the first day of the 2nd month following the
month of expiration of the vehicle's registration.
(3) Existing law requires that the renewal of registration for a
vehicle that is either currently registered or for which a specified
certification is filed be obtained not more than 75 days prior to the
expiration of the current registration or certification.
This bill would, notwithstanding any other law, commencing on the
date of its enactment and operative until January 1, 2012, instead
apply the above-specified requirement only to the renewal of
registration for any vehicle that expires on or before June 30, 2011,
and would require that the renewal of registration for a vehicle
that expires on or after July 1, 2011, or for which a specified
certification is filed, may not be obtained until the expiration of
the current registration or certification or until the department has
issued a notice of renewal, whichever occurs first.
(4) Existing law requires that if an application for a
registration transaction is filed with the Department of Motor
Vehicles during the 30 days immediately preceding the date of
expiration of registration of the vehicle, the application be
accompanied by the full renewal fees for the ensuing registration
year in addition to any other fees that are due and payable.
This bill would provide that, until January 1, 2012, the
above-specified provisions should not apply if the expiration of the
registration occurs on or after July 1, 2011.
(5) Existing law requires that a penalty be added on any
application for renewal of registration made later than midnight of
the date of expiration or on or after the date penalties become due
and requires that the penalties and any fee be computed pursuant to a
specified formula and that the penalties be collected with the fee.
This bill would require, commencing on July 1, 2011, and operative
until January 1, 2012, that a penalty not be added if an application
for renewal of registration, or an application for renewal of
special license plates, is made within 30 days after midnight of the
expiration date of the registration or the special plates.
(6) This bill would appropriate $1,000 from the General Fund to
the Department of Motor Vehicles for administrative operations.
(7) The California Constitution authorizes the Governor to declare
a fiscal emergency and to call the Legislature into special session
for that purpose. Governor Schwarzenegger issued a proclamation
declaring a fiscal emergency, and calling a special session for this
purpose, on December 6, 2010. Governor Brown issued a proclamation on
January 20, 2011, declaring and reaffirming that a fiscal emergency
exists and stating that his proclamation supersedes the earlier
proclamation for purpose of that constitutional provision.
This bill would state that it addresses the fiscal emergency
declared and reaffirmed by the Governor by proclamation issued on
January 20, 2011, pursuant to the California Constitution.
(8) This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.
This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2011.
Vote: majority. Appropriation: no yes
. Fiscal committee: no yes .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature declares and finds all
of the following:
(a) It is the intent of the Legislature to allow additional time
for the Legislature and the people to consider extending the current
vehicle license fees. Therefore, the Department of Motor Vehicles
should delay sending notices for vehicle registrations that come due
during the 2011-12 fiscal year while the fee proposals are being
considered until such rate extension occurs, does not occur by
operation of law, or is rejected by the voters.
(b) It is the intent of the Legislature that no inaccurate notices
be sent nor incorrect payments be accepted.
SEC. 2. Section 1661 of the Vehicle
Code is amended to read:
1661. (a) Except for vehicles registered pursuant to Article 5
(commencing with Section 9700) of Chapter 6 of Division 3, the
department shall notify the registered owner of each vehicle of the
date that the registration renewal fees of
for the vehicle are due, at least 60 days prior to that due
date. The department shall indicate the fact that the
required notice was mailed shall be indicated by a
notation in the department's records.
(b) The department shall include in any final notice of delinquent
registration provided to the registered owner of a vehicle whose
registration has not been properly renewed as required under this
code, information relating to the potential removal and impoundment
of that vehicle under subdivision (o) of Section 22651.
(c) Commencing on May 1, 2011, subdivision (a) shall not apply to
vehicles with registration expiring on or after July 1, 2011. This
subdivision shall become inoperative on January 1, 2012.
SEC. 3. Section 4000 of the Vehicle
Code is amended to read:
4000. (a) (1) No A person shall
not drive, move, or leave standing upon a highway, or in
an offstreet public parking facility, any motor vehicle, trailer,
semitrailer, pole or pipe dolly, or logging dolly, unless it is
registered and the appropriate fees have been paid under this code or
registered under the permanent trailer identification program,
except that an off-highway motor vehicle which displays an
identification plate or device issued by the department pursuant to
Section 38010 may be driven, moved, or left standing in an offstreet
public parking facility without being registered or paying
registration fees.
(2) For purposes of this subdivision, "offstreet public parking
facility" means either of the following:
(A) Any publicly owned parking facility.
(B) Any privately owned parking facility for which no fee for the
privilege to park is charged and which is held open for the common
public use of retail customers.
(3) This subdivision does not apply to any motor vehicle stored in
a privately owned offstreet parking facility by, or with the express
permission of, the owner of the privately owned offstreet parking
facility.
(4) Beginning July 1, 2011, the enforcement of paragraph (1) shall
commence on the first day of the second month following the month of
expiration of the vehicle's registration. This paragraph shall
become inoperative on January 1, 2012.
(b) No person shall drive, move, or leave standing upon a highway
any motor vehicle, as defined in Chapter 2 (commencing with Section
39010) of Part 1 of Division 26 of the Health and Safety Code, which
has been registered in violation of Part 5 (commencing with Section
43000) of that Division 26.
(c) Subdivisions (a) and (b) do not apply to off-highway motor
vehicles operated pursuant to Sections 38025 and 38026.5.
(d) This section does not apply, following payment of fees due for
registration, during the time that registration and transfer is
being withheld by the department pending the investigation of any use
tax due under the Revenue and Taxation Code.
(e) Subdivision (a) does not apply to a vehicle that is towed by a
tow truck on the order of a sheriff, marshal, or other official
acting pursuant to a court order or on the order of a peace officer
acting pursuant to this code.
(f) Subdivision (a) applies to a vehicle that is towed from a
highway or offstreet parking facility under the direction of a
highway service organization when that organization is providing
emergency roadside assistance to that vehicle. However, the operator
of a tow truck providing that assistance to that vehicle is not
responsible for the violation of subdivision (a) with respect to that
vehicle. The owner of an unregistered vehicle that is disabled and
located on private property, shall obtain a permit from the
department pursuant to Section 4003 prior to having the vehicle towed
on the highway.
(g) For purposes of this section, possession of a California
driver's license by the registered owner of a vehicle shall give rise
to a rebuttable presumption that the owner is a resident of
California.
SEC. 4. Section 4601 of the Vehicle
Code is amended to read:
4601. (a) Except as otherwise provided in this code, every
vehicle registration and registration card expires at midnight on the
expiration date designated by the director pursuant to Section
1651.5, and shall be renewed prior to the expiration of the
registration year. The department may, upon payment of the proper
fees, renew the registration of vehicles.
(b) Notwithstanding any other provision of law, renewal of
registration for any vehicle that is either currently registered or
for which a certification pursuant to Section 4604 has been filed may
be obtained not more than 75 days prior to the expiration of the
current registration or certification.
(c) Notwithstanding subdivision (b) or any other law, commencing
upon the effective date of the act that added this subdivision, the
renewal of registration for a vehicle that expires on or before June
30, 2011, may be obtained not more than 75 days prior to the
expiration of the current registration or certification and the
renewal of registration for a vehicle that expires on or after July
1, 2011, or for which a certification, pursuant to Section 4604, has
been filed, may not be obtained until the expiration of the current
registration or certification or until the department has issued a
notice of renewal, whichever occurs first. This subdivision shall
become inoperative on January 1, 2012.
SEC. 5. Section 5902.5 of the Vehicle
Code is amended to read:
5902.5. Whenever any (a)
If an application for a registration transaction is filed
with the department during the 30 days immediately preceding the
date of expiration of registration of the vehicle, the application
shall be accompanied by the full renewal fees for the ensuing
registration year in addition to any other fees that are due and
payable.
(b) The requirements of subdivision (a) shall not apply if the
expiration of registration occurs on or after July 1, 2011. This
subdivision shall become inoperative on January 1, 2012.
SEC. 6. Section 9554 of the Vehicle
Code is amended to read:
9554. (a) (1) A penalty shall be added on
any application for renewal of registration made later than midnight
of the date of expiration or on or after the date penalties become
due. Penalties shall be computed as provided in Section 9559 and
shall be collected with the fee.
(2) Notwithstanding paragraph (1), commencing on July 1, 2011, a
penalty shall not be added if an application for renewal of
registration, or an application for renewal of special license
plates, is made within 30 days after midnight of the expiration date
of the registration or special plates. This paragraph shall become
inoperative on January 1, 2012.
(b) The penalty assessment for the delinquent payment of the
registration fee specified in Section 9250 shall be as follows:
(1) Ten dollars ($10) for a delinquency period of 10 days or less.
(2) Fifteen dollars ($15) for a delinquency period of more than 10
days, to and including 30 days.
(3) Thirty dollars ($30) for a delinquency period of more than 30
days, to and including one year.
(4) Fifty dollars ($50) for a delinquency period of more than one
year, to and including two years.
(5) One hundred dollars ($100) for a delinquency period of more
than two years.
(c) The penalty assessment for the delinquent payment of the
weight fee specified in Section 9400 or 9400.1 and the vehicle
license fee as specified in Section 10751 of the Revenue and Taxation
Code shall be as follows:
(1) Ten percent of the vehicle license fee, or the combined amount
of the vehicle license fee and the weight fee if the vehicle is
subject to both fees, for a delinquency period of 10 days or less.
(2) Twenty percent of the vehicle license fee, or the combined
amount of the vehicle license fee and the weight fee if the vehicle
is subject to both fees, for a delinquency period of more than 10
days, to and including 30 days.
(3) Sixty percent of the vehicle license fee, or the combined
amount of the vehicle license fee and the weight fee if the vehicle
is subject to both fees, for a delinquency period of more than 30
days, to and including one year.
(4) Eighty percent of the vehicle license fee, or the combined
amount of the vehicle license fee and the weight fee if the vehicle
is subject to both fees, for a delinquency period of more than one
year, to and including two years.
(5) One hundred sixty percent of the vehicle license fee, or the
combined amount of the vehicle license fee and the weight fee if the
vehicle is subject to both fees, for a delinquency period of more
than two years.
(d) On or after January 1, 2003, a penalty assessment for weight
fees not reported and not paid within 20 days as required by Section
9406 shall be applied to the difference in the weight fee as follows:
(1) Ten percent of the fee for a delinquency period of 10 days or
less.
(2) Twenty percent of the fee for a delinquency period more than
10 days, to and including 30 days.
(3) Sixty percent of the fee for a delinquency period more than 30
days, to and including one year.
(4) Eighty percent of the fee for a delinquency period more than
one year, to and including two years.
(5) One hundred sixty percent for a delinquency period more than
two years.
(e) A single penalty assessment for the delinquent payment of the
fees specified in Sections 9250.8 and 9250.13 shall be as follows:
(1) Ten dollars ($10) for a delinquency period of 10 days or less.
(2) Fifteen dollars ($15) for a delinquency period of more than 10
days, to and including 30 days.
(3) Thirty dollars ($30) for a delinquency period of more than 30
days, to and including one year.
(4) Fifty dollars ($50) for a delinquency period of more than one
year, to and including two years.
(5) One hundred dollars ($100) for a delinquency period of more
than two years.
(6) This subdivision applies to the renewal of registration for
vehicles with expiration dates on or after December 1, 2008.
(f) This section shall become operative January 1, 2009.
SEC. 7. The sum of one thousand dollars ($1,000)
is hereby appropriated from the General Fund to the Department of
Motor Vehicles for administrative operations.
SEC. 8. This act addresses the fiscal emergency
declared and reaffirmed by the Governor by proclamation on January
20, 2011, pursuant to subdivision (f) of Section 10 of Article IV of
the California Constitution.
SEC. 9. This act is a bill providing for
appropriations related to the Budget Bill within the meaning of
subdivision (e) of Section 12 of Article IV of the California
Constitution, has been identified as related to the budget in the
Budget Bill, and shall take effect immediately.
SECTION 1. It is the intent of the Legislature
to enact statutory changes relating to the Budget Act of 2011.