Bill Text: CA ABX122 | 2011-2012 | Regular Session | Amended
Bill Title: Vehicles: vehicle license fees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Enrolled - Dead) 2011-09-12 - Died at Desk. [ABX122 Detail]
Download: California-2011-ABX122-Amended.html
BILL NUMBER: ABX1 22 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 14, 2011
INTRODUCED BY Assembly Member Blumenfield
MAY 19, 2011
An act relating to the Budget Act of 2011.
An act to amend Section 11003 of the Revenue and Taxation
Code, and to amend Section 9250 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
AB 22, as amended, Blumenfield. Budget Act of 2011.
Vehicles: vehicle license fees.
This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2011.
Existing law requires the amount appropriated by the Legislature
for the use of the Department of Motor Vehicles and the Franchise Tax
Board for the enforcement of the Vehicle License Fee Law to be
calculated as specified and transferred from the Motor Vehicle
License Fee Account in the Transportation Tax Fund to the Motor
Vehicle Account in the State Transportation Fund.
This bill would allocate to the Department of Motor Vehicles
(DMV), from the amount calculated under this provision, $25,000,000
for the 2011-12 fiscal year and would deem that amount as the cost to
the DMV for the collection of the motor vehicle license fee. The
bill would increase the amount allocated to the DMV for subsequent
fiscal years by the growth rate in the California Consumer Price
Index, as specified. The bill would require the Department of Finance
to report to the Legislature if the amount allocated in a fiscal
year is insufficient to cover the costs incurred by the DMV and to
propose budget changes to address the funding shortfall. The bill
would instead require that the balance of the amount calculated under
these provisions that is not allocated for the support of the DMV or
to the Franchise Tax Board be deposited into Local Revenue Fund
2011.
Existing law requires the DMV to charge a registration fee of $31
on every vehicle or trailer coach, as specified.
This bill would require the DMV, on July 1, 2011, and thereafter,
to charge a registration fee of $43 on every vehicle or trailer
coach, as specified.
This bill would appropriate $1,000 from the Motor Vehicle Account
in the State Transportation Fund to the Department of Motor Vehicles
for administrative cost, thereby making an appropriation.
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 purposes 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.
This bill would declare that it is to take effect immediately as a
bill providing for appropriations related to the Budget Bill.
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. It is the intent of the Legislature
to enact statutory changes relating to the Budget Act of 2011.
SECTION 1. Section 11003 of the Revenue
and Taxation Code is amended to read:
11003. (a) The amount appropriated by the
Legislature for the use of the Department of Motor Vehicles and the
Franchise Tax Board for the enforcement of this part shall
be transferred from the Motor Vehicle License Fee Account in the
Transportation Tax Fund to the Motor Vehicle Account in the State
Transportation Fund. That amount shall be determined so
that the appropriate costs for registration and motor vehicle license
fee activities are apportioned between the recipients of revenues in
proportion to the revenues that would have been received by those
recipients if the total fee imposed under this part was 2 percent of
the market value of a vehicle.
(b) The amount calculated under subdivision (a) for the support of
the Department of Motor Vehicles shall be allocated as follows:
(1) (A) For the 2011-12 fiscal year, twenty-five million dollars
($25,000,000) to the Department of Motor Vehicles. This amount shall
be deemed to be the cost to the Department of Motor Vehicles of
collecting the motor vehicle license fees that are collected with
vehicle registration fees and other fees.
(B) In the 2012-13 fiscal year and each fiscal year thereafter,
the amount specified in subparagraph (A) shall be increased by the
growth rate in the California Consumer Price Index for the fiscal
year that ends one year immediately preceding the applicable fiscal
year. If the Department of Finance determines in a fiscal year that
the funds provided under this subdivision for the cost to the
Department of Motor Vehicles of collecting motor vehicle license fees
are not sufficient to cover that cost, the Department of Finance
shall report that finding to the Legislature and propose budget
changes necessary to address the funding deficit.
(2) The balance of the amount calculated under subdivision (a)
that is not allocated for the support of the Department of Motor
Vehicles pursuant to paragraph (1) or allocated to the Franchise Tax
Board shall be deposited in Local Revenue Fund 2011 for allocations
to cities, counties, and cities and counties.
SEC. 2. Section 9250 of the Vehicle
Code is amended to read:
9250. (a) A registration fee of thirty-one dollars ($31) shall be
paid to the department for the registration of every vehicle or
trailer coach of a type subject to registration under this code,
except those vehicles that are expressly exempted under this code
from the payment of registration fees. This subdivision applies
to all of the following:
(1) The initial or original registration, on or after January 1,
2004, but before July 1, 2011, of any vehicle not previously
registered in this state.
(2) The renewal of registration of any vehicle for which the
registration period expires on or after January 1, 2004, but before
July 1, 2011, regardless of whether a renewal application was mailed
to the registered owner prior to January 1, 2004.
(3) Any renewal of a registration that expired on or before
December 31, 2003, but for which the fees are not paid until on or
after January 1, 2004, but before July 1, 2011.
(b) A registration fee of forty-three dollars ($43) shall be paid
to the department for the registration of every vehicle or trailer
coach of a type subject to registration under this code, except those
vehicles that are expressly exempted under this code from the
payment of registration fees. This subdivision applies to all of the
following:
(1) The initial or original registration, on or after July 1,
2011, of any vehicle not previously registered in this state.
(2) The renewal of registration of any vehicle for which the
registration period expires on or after July 1, 2011, regardless of
whether a renewal application was mailed to the registered owner
prior to July 1, 2011.
(3) Any renewal of a registration that expired on or before June
30, 2011, but for which the fees are not paid until on or after July
1, 2011.
(b)
(c) The registration fee imposed under this section
applies to all vehicles described in Section 5004, whether or not
special identification plates are issued to that vehicle.
(c)
(d) Trailer coaches are subject to the fee provided in
subdivision (a) for each unit of the trailer coach.
(d) This section applies to all of the following:
(1) The initial or original registration, on or after January 1,
2004, of any vehicle not previously registered in this state.
(2) The renewal of registration of any vehicle for which the
registration period expires on or after January 1, 2004, regardless
of whether a renewal application was mailed to the registered owner
prior to January 1, 2004.
(3) Any renewal of a registration that expired on or before
December 31, 2003, but for which the fees are not paid until on or
after January 1, 2004.
SEC. 3. There is hereby appropriated one thousand
($1,000) from the Motor Vehicle Account in the State Transportation
Fund to the Department of Motor Vehicles for administrative costs.
SEC. 2. SEC. 4. 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. 5. 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.
