Bill Text: CA AB2393 | 2013-2014 | Regular Session | Chaptered
Bill Title: Vehicle registration fees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-08-25 - Chaptered by Secretary of State - Chapter 292, Statutes of 2014. [AB2393 Detail]
Download: California-2013-AB2393-Chaptered.html
BILL NUMBER: AB 2393 CHAPTERED
BILL TEXT
CHAPTER 292
FILED WITH SECRETARY OF STATE AUGUST 25, 2014
APPROVED BY GOVERNOR AUGUST 25, 2014
PASSED THE SENATE AUGUST 7, 2014
PASSED THE ASSEMBLY AUGUST 11, 2014
AMENDED IN SENATE JULY 3, 2014
INTRODUCED BY Assembly Member Levine
FEBRUARY 21, 2014
An act to amend Section 9250.19 of the Vehicle Code, relating to
vehicle registration fees, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 2393, Levine. Vehicle registration fees.
Existing law authorizes a county, upon the adoption of a
resolution by its board of supervisors, to impose a fee of $1 on all
motor vehicles, except as provided, in addition to other fees imposed
for the registration of a vehicle. Existing law requires registered
owners of a commercial vehicle in a county that has so imposed that
$1 fee to pay an additional $2 fee. Existing law requires the county,
after deducting administrative costs, to pay those fees to the
Controller quarterly. Existing law continuously appropriates the
money generated by these fees to the Controller for disbursement to
each county that has adopted a resolution as described above, and
limits the expenditure of the money so disbursed to certain purposes
related to law enforcement.
This bill would additionally authorize a county, that has adopted
the resolution to impose the $1 fee, to increase that fee to $2 in
the same manner that it imposed the initial $1 fee. The bill would
alternatively authorize a county that has not adopted a $1 fee to
impose an initial $2 fee in the same manner that it is authorized to
impose a $1 fee. If a county imposes a $2 fee pursuant to these
provisions, the bill would increase the additional $2 fee on
commercial vehicles to $4. The bill would require the county to
submit resolutions to impose or increase fees pursuant to these
provisions to the Department of Motor Vehicles at least 6 months
prior to the operative date of the fee.
This bill makes an appropriation by authorizing a county to
increase the amount of fees that are continuously appropriated to the
Controller.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 9250.19 of the Vehicle Code is amended to read:
9250.19. (a) (1) In addition to any other fees specified in this
code and the Revenue and Taxation Code, upon the adoption of a
resolution pursuant to this subdivision by any county board of
supervisors, a fee of one dollar ($1) shall be paid at the time of
registration, renewal, or supplemental application for apportioned
registration pursuant to Article 4 (commencing with Section 8050) of
Chapter 4 of every vehicle, except vehicles described in subdivision
(a) of Section 5014.1, registered to an address within that county
except those expressly exempted from payment of registration fees.
The fees, after deduction of the administrative costs incurred by the
department in carrying out this section, shall be paid quarterly to
the Controller.
(2) (A) If a county has adopted a resolution to impose a
one-dollar ($1) fee pursuant to paragraph (1), the county may
increase the fee specified in paragraph (1) to two dollars ($2) in
the same manner as the imposition of the initial fee pursuant to
paragraph (1). The two dollars ($2) shall be paid at the time of
registration or renewal of registration of a vehicle, and quarterly
to the Controller, as provided in paragraph (1).
(B) If a county has not adopted a resolution to impose a
one-dollar ($1) fee pursuant to paragraph (1), the county may instead
adopt a fee of two dollars ($2) in the manner prescribed in
paragraph (1).
(C) A resolution to impose a fee of two dollars ($2) pursuant to
subparagraph (A) or (B) shall be submitted to the department at least
six months prior to the operative date of the fee increase.
(3) In addition to the one-dollar ($1) service fee, and upon the
implementation of the permanent trailer identification plate program,
and as part of the Commercial Vehicle Registration Act of 2001, all
commercial motor vehicles subject to Section 9400.1 registered to an
owner with an address in the county that established a service
authority under this section, shall pay an additional service fee of
two dollars ($2).
(4) (A) If a county imposes a service fee of two dollars ($2) by
adopting a resolution pursuant to subparagraph (A) or (B) of
paragraph (2), the fee specified in paragraph (3) shall be increased
to four dollars ($4). The four dollars ($4) shall be paid at the time
of registration or renewal of registration of a vehicle, and
quarterly to the Controller as provided in paragraph (1).
(B) A resolution adopted pursuant to subparagraph (A) or (B) of
paragraph (2) shall be submitted to the department at least six
months prior to the operative date of the fee.
(5) A resolution adopted pursuant to paragraph (1) or (2) shall
include findings as to the purpose of, and the need for, imposing the
additional registration fee.
(b) Notwithstanding Section 13340 of the Government Code, the
money paid to the Controller pursuant to subdivision (a) is
continuously appropriated, without regard to fiscal years, for
disbursement by the Controller to each county that has adopted a
resolution pursuant to subdivision (a), based upon the number of
vehicles registered, or whose registration is renewed, to an address
within that county, or supplemental application for apportioned
registration, and for the administrative costs of the Controller
incurred under this section.
(c) Money allocated to a county pursuant to subdivision (b) shall
be expended exclusively to fund programs that enhance the capacity of
local law enforcement to provide automated mobile and fixed location
fingerprint identification of individuals who may be involved in
driving under the influence of alcohol or drugs in violation of
Section 23152 or 23153, or vehicular manslaughter in violation of
Section 191.5 of the Penal Code or subdivision (c) of Section 192 of
the Penal Code, or any combination of those and other vehicle-related
crimes, and other crimes committed while operating a motor vehicle.
(d) The data from a program funded pursuant to subdivision (c)
shall be made available by the local law enforcement agency to a
local public agency that is required by law to obtain a criminal
history background of persons as a condition of employment with that
local public agency. A local law enforcement agency that provides the
data may charge a fee to cover its actual costs in providing that
data.
(e) (1) Money collected pursuant to this section shall not be used
to offset a reduction in any other source of funds for the purposes
authorized under this section.
(2) Funds collected pursuant to this section, upon recommendation
of local or regional Remote Access Network Boards to the board of
supervisors, shall be used exclusively for the purchase, by
competitive bidding procedures, and the operation of equipment that
is compatible with the Department of Justice's Cal-ID master plan, as
described in Section 11112.2 of the Penal Code, and the equipment
shall interface in a manner that is in compliance with the
requirement described in the Criminal Justice Information Services,
Electronic Fingerprint Transmission Specification, prepared by the
Federal Bureau of Investigation and dated August 24, 1995.
(f) Every county that has authorized the collection of the fee
pursuant to subdivision (a) shall issue a fiscal yearend report to
the Controller on or before November 1 of each year, summarizing all
of the following with respect to those fees:
(1) The total revenues received by the county for the fiscal year.
(2) The total expenditures and encumbered funds by the county for
the fiscal year. For purposes of this subdivision, "encumbered funds"
means funding that is scheduled to be spent pursuant to a determined
schedule and for an identified purchase consistent with this
section.
(3) Any unexpended or unencumbered fee revenues for the county for
the fiscal year.
(4) The estimated annual cost of the purchase, operation, and
maintenance of automated mobile and fixed location fingerprint
equipment, related infrastructure, law enforcement enhancement
programs, and personnel created or utilized in accordance with this
section for the fiscal year. The listing shall detail the make and
model number of the equipment, and include a succinct description of
the related infrastructure items, law enforcement enhancement
programs, and the classification or title of any personnel.
(5) How the use of the funds benefits the motoring public.
(g) For each county that fails to submit the report required
pursuant to subdivision (f) by November 1 of each year, the
Controller shall notify the Department of Motor Vehicles to suspend
the fee for that county imposed pursuant to subdivision (a) for one
year.
(h) If any funds received by a county pursuant to subdivision (a)
are not expended or encumbered in accordance with this section by the
close of the fiscal year in which the funds were received, the
Controller shall notify the Department of Motor Vehicles to suspend
the fee for that county imposed pursuant to subdivision (a) for one
year. For purposes of this subdivision, "encumbered funds" means
funding that is scheduled to be spent pursuant to a determined
schedule and for an identified purchase consistent with this section.
