BILL NUMBER: AB 1767 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 8, 2003
AMENDED IN SENATE JULY 27, 2003
AMENDED IN SENATE JUNE 23, 2003
INTRODUCED BY Committee on Budget (Oropeza (Chair), Bermudez, Chan,
Chu, Diaz, Dutra, Dymally, Goldberg, Hancock, Jackson, Liu,
Montanez, Nakano, Pavley, Reyes, Simitian, and Wolk)
MARCH 11, 2003
An act to amend Section 488.385 of the Code of Civil Procedure, to
amend Section 10902 of the Revenue and Taxation Code, and
to amend Sections 1685, 4604, 5014, 5036, 5066, 6700.25,
9102.5, 9250, 9250.8, 9250.13, 9252, 9254, 9258, 9261, 9265, 9400.1,
9554, 9702, 11515, 11515.2, 12814.5, 14900, 14900.1, 14901, 14902,
38121, 38225.4, 38225.5, 38232, 38255, 38260, and 38265 of, to add
Section 1678 to, and to repeal Section 38225.4 of, the Vehicle Code,
and to amend Item No. 2720-001-0044 of the Budget Act of 2003,
relating to vehicles , and making an appropriation therefor
.
LEGISLATIVE COUNSEL'S DIGEST
AB 1767, as amended, Committee on Budget. Vehicles: fees :
funding .
(1) Existing law imposes fees upon the issuance of driver's
licenses, issuance of vehicle registrations, transfers of vehicle
title, and other, related services provided by the Department of
Motor Vehicles.
This bill would increase some of those fees in specified amounts.
The bill would require, between January 1, 2004, and December 31,
2004, inclusive, that the specified increased amounts be the base fee
amounts charged by the department. On January 1, 2005, and every
January 1 thereafter, the department would be required to adjust the
fees by increasing each fee in an amount equal to the increase in the
California Consumer Price Index for the current year, as calculated
by the Department of Finance, with amounts equal to or greater than
$0.50 rounded to the next highest whole dollar.
The bill would make other, conforming changes in existing law.
(2) Existing law provides for the issuance by the Department of
Motor Vehicles of California memorial license plates. Existing law
requires the additional revenue derived from the issuance, renewal,
transfer, and substitution of California memorial license plates be
deposited, as specified, in the Antiterrorism Fund and the California
Memorial Scholarship Fund. Existing law requires the department to
deduct its costs to administer, but not to develop, the California
memorial license plate program.
This bill would allow the department to utilize an amount of
money, not to exceed $50,000 annually, derived from the issuance,
renewal, transfer, and substitution of California memorial license
plate plates for the continued promotion
of the California memorial license plate program.
(3) Existing law imposes gross vehicle weight fees, in accordance
with a schedule based on gross vehicle weight range, upon the
registration of commercial motor vehicles operated either singly or
in combination with a declared gross vehicle weight of 10,001 pounds
or more and to certain tow trucks.
This bill would continue the current fee schedule until December
30, 2003, and for the registration of those commercial motor vehicles
and tow trucks occurring on or after December 31, 2003, the bill
would impose a revised, increased fee schedule and would change the
amount of the portion of the money collected as that fee that would
be deposited in the Motor Vehicle Account in the State Transportation
Fund. The bill would prohibit additional moneys collected as a
result of the increased fee schedule from being used for the
purposes described in subdivision (b) of Section 1 of Article XIX of
the California Constitution.
This bill would also require , commencing on December 31,
2003, those commercial motor vehicles and tow trucks to have
conspicuously displayed on both the right and left sides of the
vehicle the highest declared gross weight or combined gross operating
weight, or, if determined appropriate by the Department of Motor
Vehicles, a weight code the department, in
consultation with the Department of the California Highway Patrol, to
design and make available a set of distinctive weight decals that
reflect the declared gross combined weight or gross operating weight
of a vehicle as reported to the department at the time of initial
registration, registration renewal, or when a weight change is
reported to the department. The bill would require the decal for a
tow truck that is subject to these provisions to reflect the gross
vehicle weight rating or weight code. The bill would authorize the
department to charge a fee, not to exceed $10, for the department's
actual cost of producing and issuing each set of decals with the
proceeds deposited in the Motor Vehicle Account in the State
Transportation Fund . The bill would require the
displayed weight or weight code decal to be in
sharp contrast to the background and to be of a size, shape, and
color that is readily legible during daylight hours from a distance
of 50 feet. The bill would require each vehicle subject to
these provisions to display the weight decal on both the right and
left sides of the vehicle. Because existing law makes it a
crime for a person to violate, or fail to comply with the Vehicle
Code, a violation of the requirements imposed by this bill would be a
crime, thereby imposing a state-mandated local program. These
provisions would apply to an initial registration, registration
renewal, or reported weight change occurring on or after July 1,
2004.
(4) Existing law requires the owner of an off-highway motor
vehicle to file a certification that the vehicle will not be
operated, used, or transported on public property or private property
in a manner so as to subject the vehicle to identification during
the subsequent identification period, if the vehicle's identification
is not to be renewed prior to its expiration. The certification of
nonoperation is valid until midnight on the 30th day of June in the
second calendar year following the year of certification, but may be
renewed biennially prior to its expiration. No penalty for
delinquent payment of fees may be imposed by the department if the
department receives an application for renewal of identification for
the vehicle within 10 days after the date the vehicle is first
operated, used, or transported on public property or private property
in a manner so as to subject the vehicle to the identification and
certification of nonoperation requirements in existing law.
This bill, instead, would provide that the certificate of
nonoperation is valid until the vehicle identification is renewed.
The department would be prohibited from imposing a penalty for
delinquent payment of fees if the department receives the application
for renewal of identification for the vehicle on or before the date
the vehicle is first operated, used, or transported on public
property or private property in a manner so as to subject the vehicle
to the identification and certification of nonoperation requirements
in existing law.
(5) Existing law authorizes the Department of Motor Vehicles, in
conformance with certain provisions in existing law relating to
personal services contracts with private parties, to establish
contracts for electronic programs that allow qualified private
industry partners to join the department in providing title and
vehicle registration transactions. Existing law authorizes the
department to enter into contractual agreements with 3 specified
types of private industry partners.
Existing law authorizes the department to establish a transaction
fee that it may charge to a qualified private industry partner for
the information and services provided and requires all fees collected
to be deposited in the Business Partner Automation Account in the
Special Deposit Fund, as established, to be available, upon
appropriation, to the department for the purposes of maintaining,
monitoring, and enhancing the process and payment programs for
vehicle registration and titling transactions.
This bill would require the department to charge a $3 transaction
fee with all the proceeds to be deposited in the Motor Vehicle
Account, rather than the Business Partner Automation Account, which
the bill would repeal.
The bill would require the department to adjust the amount of the
fee each January 1 in accordance with the California Consumer Price
Index, as specified.
(6) The Budget Act of 2003 appropriated $1,006,297,000 from
the Motor Vehicle Account in the State Transportation Fund for
support of the Department of the California Highway Patrol and
provided for an unallocated reduction of $100,041,000.
This bill would increase the amount appropriated to $1,106,297,000
and would repeal the unallocated reduction.
(7) 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.
Vote: majority. Appropriation: no yes
. Fiscal committee: yes. State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 488.385 of the Code of Civil Procedure is
amended to read:
488.385. (a) To attach a vehicle or vessel for which a
certificate of ownership has been issued by the Department of Motor
Vehicles, or a mobilehome or commercial coach for which a certificate
of title has been issued by the Department of Housing and Community
Development, which is equipment of a going business in the possession
or under the control of the defendant, the levying officer shall
file with the appropriate department a notice of attachment, in the
form prescribed by the appropriate department, which shall contain
all of the following:
(1) The name and mailing address of the plaintiff.
(2) The name and last known mailing address of the defendant.
(3) The title of the court where the action is pending and the
cause and number of the action.
(4) A description of the specific property attached.
(5) A statement that the plaintiff has acquired an attachment lien
on the specific property of the defendant.
(b) Upon presentation of a notice of attachment, notice of
extension, or notice of release under this section for filing and
tender of the filing fee to the appropriate department, the notice
shall be filed and indexed. The fee for filing and indexing the
notice is fifteen dollars ($15).
(c) Upon the request of any person, the department shall issue its
certificate showing whether there is on file in that department on
the date and hour stated therein any notice of attachment filed
against the property of a particular person named in the request. If
a notice of attachment is on file, the certificate shall state the
date and hour of filing of each such notice of attachment and any
notice affecting any such notice of attachment and the name and
address of the plaintiff. The fee for the certificate issued
pursuant to this subdivision is fifteen dollars ($15). Upon request,
the department shall furnish a copy of any notice of attachment or
notice affecting a notice of attachment for a fee of one dollar ($1)
per page.
(d) If property subject to an attachment lien under this section
becomes a fixture (as defined in paragraph (41) of subdivision (a) of
Section 9102 of the Commercial Code), the attachment lien under this
section is extinguished.
SEC. 2. Section 10902 of the Revenue and Taxation Code is amended
to read:
10902. (a) In the event of a constructive total loss, in which
the repair value exceeds the market value of the vehicle less the
anticipated salvage value, or a nonrepairable vehicle, or an
unrecovered total loss, due to a theft, of a vehicle, the in-lieu fee
portion of the vehicle license fee that has been paid, less any
offset provided in Section 10754, shall be refunded to the current
registered owner (the owner of the salvage value of the vehicle), or
credited against the vehicle license fee owed on the owner's
replacement vehicle. The amount refunded or credited shall be based
upon one-twelfth of the annual in-lieu fee, less any offset provided
by Section 10754, for each full month that remains until the
registration expires.
(b) No refund or credit may be made pursuant to this section
unless the vehicle owner has signed a declaration under penalty of
perjury that he or she has not been cited or convicted of violating
Section 23152 or 23153 of the Vehicle Code (relating to driving under
the influence of alcohol or drugs) or Section 23103 as specified in
Section 23103.5 of that code (which involves a substitute for an
original citation of driving under the influence) in connection with
the owner's vehicle loss. If the owner has been cited under any of
these code sections, the owner shall be entitled to the refund or
credit upon presentation of either proof of dismissal of the citation
or a finding of not guilty.
(c) The Department of Motor Vehicles shall charge to vehicle
owners requesting a refund or credit pursuant to this section a
service fee in the amount of fifteen dollars ($15) to cover the
administrative costs of processing the request.
(d) In the case of a request for refund or credit with respect to
a stolen vehicle, the vehicle owner may not be entitled to a refund
or credit prior to 60 days from the date the theft of the vehicle is
reported to the police. If a refund is received or a credit is
applied to another vehicle and the stolen vehicle is subsequently
recovered, the owner shall return the amount refunded or credited.
If the owner receives a refund or credit, and the destroyed or stolen
vehicle is scrapped and subsequently repaired by another person, the
new owner shall pay the full vehicle license fee.
(e) The Department of Motor Vehicles shall adopt regulations for
the administration of the refunds and credits provided by this
section.
SEC. 3. Section 1678 is added to the Vehicle Code, to read:
1678. (a) Between January 1, 2004, and December 31, 2004,
inclusive, the fee amounts set forth in Section 488.385 of the Code
of Civil Procedure, Section 10902 of the Revenue and Taxation Code,
and Sections 4604, 5014, 5036, 6700.25, 9102.5, 9250.8, 9250.13,
9252, 9254, 9258, 9261, 9265, 9702, 11515, 11515.2, 12814.5, 14900,
14900.1, 14901, 14902, 38121, 38225.4, 38225.5, 38232, 38255, 38260,
and 38265 shall be the base fee amounts charged by the department.
(b) On January 1, 2005, and every January 1 thereafter, the
department shall adjust the fees imposed under the sections listed in
subdivision (a) by increasing each fee in an amount equal to the
increase in the California Consumer Price Index for the prior year,
as calculated by the Department of Finance, with amounts equal to or
greater than fifty cents ($0.50) rounded to the next highest whole
dollar.
SEC. 4. Section 1685 of the Vehicle Code is amended to read:
1685. (a) In order to continue improving the quality of products
and services it provides to its customers, the department, in
conformance with Article 4 (commencing with Section 19130) of Chapter
5 of Part 2 of Division 5 of Title 2 of the Government Code, may
establish contracts for electronic programs that allow qualified
private industry partners to join the department in providing
services that include processing and payment programs for vehicle
registration and titling transactions.
(b) (1) The department may enter into contractual agreements with
qualified private industry partners. There are the following three
types of private industry partnerships authorized under this section:
(A) First-line business partner is an industry partner that
receives data directly from the department and uses it to complete
registration and titling activities for that partner's own business
purposes.
(B) First-line service provider is an industry partner that
receives information from the department and then transmits it to
another authorized industry partner.
(C) Second-line business partner is a partner that receives
information from a first-line service provider.
(2) The private industry partner contractual agreements shall
include the following minimum requirements:
(A) Filing of an application and payment of an application fee, as
established by the department.
(B) Submission of information, including, but not limited to,
fingerprints and personal history statements, focusing on and
concerning the applicant's character, honesty, integrity, and
reputation as the department may consider necessary.
(C) Posting a bond in an amount consistent with the
Section 1815.
(3) The department shall, through regulations, establish any
additional requirements for the purpose of safeguarding privacy and
protecting the information authorized for release under this section.
(c) The director may establish, through the adoption of
regulations, the maximum amount that a qualified private industry
partner may charge its customers in providing the services authorized
under subdivision (a).
(d) The department shall charge a three dollar ($3) transaction
fee for the information and services provided under subdivision (a).
The private industry partner may pass the transaction fee to the
customer, but the total charge to a customer may not exceed the
amount established by the director under subdivision (c).
(e) All fees collected by the department pursuant to subdivision
(d) shall be deposited in the Motor Vehicle Account. On January 1 of
each year, the department shall adjust the fee in accordance with
the California Consumer Price Index. The amount of the fee shall be
rounded to the nearest whole dollar, with amounts equal to, or
greater than, fifty cents ($0.50) rounded to the next highest whole
dollar.
(f) The department shall adopt regulations and procedures that
ensure adequate oversight and monitoring of qualified private
industry partners to protect vehicle owners from the improper use of
vehicle records. These regulations and procedures shall include
provisions for qualified private industry partners to periodically
submit records to the department, and the department shall review
those records as necessary. The regulations shall also include
provisions for the dedication of department resources to program
monitoring and oversight; the protection of confidential records in
the department's files and databases; and the duration and nature of
the contracts with qualified private industry partners.
(g) The department shall, annually, by January 10, provide a
report to the Legislature that shall include all of the following
information gathered during the calendar year immediately preceding
the report date:
(1) Listing of all qualified private industry partners, including
names and business addresses.
(2) Volume of transactions, by type, completed by business
partners.
(3) Total amount of funds, by transaction type, collected by
business partners.
(4) Total amount of funds received by the department.
(5) Detailed listing of funds expended from the Special Deposit
Fund.
(6) Description of any fraudulent activities identified by the
department.
(7) Evaluation of the benefits of the program.
(8) Recommendations for any administrative or statutory changes
that may be needed to improve the program.
(h) Nothing in this section impairs or limits the authority
provided in Section 4610 or 12155 of the Insurance Code.
SEC. 5. Section 4604 of the Vehicle Code is amended to read:
4604. (a) Except as otherwise provided in subdivision (d), prior
to the expiration of the registration of a vehicle, if that
registration is not to be renewed prior to its expiration, the owner
of the vehicle shall file, under penalty of perjury, a certification
that the vehicle will not be operated, moved, or left standing upon
any highway without first making an application for registration of
the vehicle, including full payment of all fees. The certification
is valid until the vehicle's registration is renewed pursuant to
subdivision (c).
(b) Each certification filed pursuant to subdivision (a) shall be
accompanied by a filing fee of fifteen dollars ($15).
(c) (1) An application for renewal of registration, except when
accompanied by an application for transfer of title to, or any
interest in, the vehicle, shall be submitted to the department with
payment of the required fees for the current registration year and
without penalty for delinquent payment of fees imposed under this
code or under Part 5 (commencing with Section 10701) of Division 2 of
the Revenue and Taxation Code if the department receives the
application prior to or on the date the vehicle is first operated,
moved, or left standing upon any highway during the current
registration year and the certification required pursuant to
subdivision (a) was timely filed with the department.
(2) If an application for renewal of registration is accompanied
by an application for transfer of title, that application may be made
without incurring a penalty for delinquent payment of fees not later
than 20 days after the date the vehicle is first operated, moved, or
left standing on any highway if a certification pursuant to
subdivision (a) was timely filed with the department.
(d) A certification is not required to be filed pursuant to
subdivision (a) for any of the following:
(1) A vehicle on which the registration expires while being held
as inventory by a dealer or lessor-retailer or while being held
pending a lien sale by the keeper of a garage or operator of a towing
service.
(2) A vehicle registered pursuant to Article 4 (commencing with
Section 8050) of Chapter 4 of Division 3.
(3) A vehicle described in Section 5004, 5004.5, 5004.6, or 5051,
as provided in Section 4604.2. However, the registered owner may
file a certificate of nonoperation in lieu of the certification
specified in subdivision (a).
(4) A vehicle registered pursuant to Article 5 (commencing with
Section 9700) of Chapter 6 if the registered owner has complied with
subdivision (c) of Section 9706.
(e) Notwithstanding Section 670, for purposes of this section, a
"vehicle" is a device by which any person or property may be
propelled, moved, or driven upon a highway having intact and
assembled its major component parts including, but not limited to,
the frame or chassis, cowl, and floor pan or, in the case of a
trailer, the frame and wheels or, in the case of a motorcycle, the
frame, front fork, and engine. For purposes of this section,
"vehicle" does not include a device moved exclusively by human power,
a device used exclusively upon stationary rails or tracks, or a
motorized wheelchair.
SEC. 6. Section 5014 of the Vehicle Code is amended to read:
5014. An application by a person other than a manufacturer or
dealer for an identification plate for special construction
equipment, cemetery equipment, special mobile equipment, logging
vehicle, cotton trailer, or farm trailer as specified in Section
36109, a vehicle that is farmer-owned and used as provided in
subdivision (b) of Section 36101, a motor vehicle that is
farmer-owned and operated and used as provided in subdivision (a) of
Section 36101, an automatic bale wagon operated as specified in
subdivision (a) or (b) of Section 36102, or a farm trailer that is
owned, rented, or leased by a farmer and is operated and used as
provided in subdivision (b) of Section 36010, shall include the
following:
(a) The true, full name and the driver's license or identification
card number, if any, of the owner.
(b) A statement by the owner of the use or uses which he or she
intends to make of the equipment.
(c) A description of the vehicle, including any distinctive marks
or features.
(d) A photograph of the vehicle. Only one photograph of one piece
of equipment shall be required to be attached to the application
when identification plates are to be obtained for more than one piece
of equipment, each of which is of the same identical type.
(e) Other information as may reasonably be required by the
department to determine whether the applicant is entitled to be
issued an identification plate.
(f) A service fee of fifteen dollars ($15) for each vehicle. The
plates shall be renewed between January 1 and February 4 every five
calendar years, commencing in 1986. Any part of the year of the
first application constitutes a calendar year. An application for
renewal of an identification plate shall contain a space for the
applicant's driver's license or identification card number, and the
applicant shall furnish that number, if any, in the space provided.
SEC. 7. Section 5036 of the Vehicle Code is amended to read:
5036. A service fee of fifteen dollars ($15) shall be paid for
the issuance or transfer of a special license plate for motorized
bicycles, as defined in Section 406. Publicly-owned motorized
bicycles are exempt from the fee.
SEC. 7.5. Section 5066 of the Vehicle Code is amended to read:
5066. (a) The department shall, in conjunction with the
California Highway Patrol, design and make available for issuance
pursuant to this article the California memorial license plate.
Notwithstanding Section 5060, the California memorial license plate
may be issued in a combination of numbers or letters, or both, as
requested by the applicant for the plates. Any person described in
Section 5101 may, upon payment of the additional fees set forth in
subdivision (b), apply for and be issued a set of California memorial
license plates.
(b) In addition to the regular fees for an original registration
or renewal of registration, the following additional fees shall be
paid for the issuance, renewal, retention, or transfer of the
California memorial license plates authorized pursuant to this
section:
(1) For the original issuance of the plates, fifty dollars ($50).
(2) For a renewal of registration of the plates or retention of
the plates, if renewal is not required, forty dollars ($40).
(3) For transfer of the plates to another vehicle, fifteen dollars
($15).
(4) For each substitute replacement plate, thirty-five dollars
($35).
(5) In addition, for the issuance of an environmental license
plate, as defined in Section 5103, the additional fees prescribed in
Sections 5106 and 5108 shall be deposited proportionately in the
funds described in subdivision (c).
(c) The department shall deposit the additional revenue derived
from the issuance, renewal, transfer, and substitution of California
memorial license plates as follows:
(1) Eighty-five percent in the Antiterrorism Fund, which is hereby
created in the General Fund.
(A) Upon appropriation by the Legislature, one-half of the money
in the fund shall be allocated by the Controller to the Office of
Criminal Justice Planning to be used solely for antiterrorism
activities. The office may not use more than 5 percent of the funds
appropriated to it for administrative purposes.
(B) Upon appropriation by the Legislature in the annual Budget Act
or in another statute, one-half of the money in the fund shall be
used solely for antiterrorism activities.
(2) Fifteen percent in the California Memorial Scholarship Fund,
which is hereby established in the General Fund. Moneys deposited in
this fund shall be administered by the Scholarshare Investment
Board, and shall be available, upon appropriation in the annual
Budget Act or in another statute, for distribution or encumbrance by
the board pursuant to Article 21.5 (commencing with Section 70010) of
Chapter 2 of Part 42 of the Education Code.
(d) The department shall deduct its costs to administer, but not
to develop, the California memorial license plate program. The
department may utilize an amount of money, not to exceed fifty
thousand dollars ($50,000) annually, derived from the issuance,
renewal, transfer, and substitution of California memorial license
plates for the continued promotion of the California memorial license
plate program of this section.
(e) "Antiterrorism activities" means activities related to the
prevention, detection, and emergency response to terrorism that are
undertaken by state and local law enforcement, fire protection, and
public health agencies. The funds provided for these activities, to
the extent that funds are available, shall be used exclusively for
purposes directly related to fighting terrorism. Eligible activities
include, but are not limited to, hiring support staff to perform
administrative tasks, hiring and training additional law enforcement,
fire protection, and public health personnel, response training for
existing and additional law enforcement, fire protection, and public
health personnel, and hazardous materials and other equipment
expenditures.
(f) Beginning January 1, 2007, and each January 1 thereafter, the
department shall determine the number of currently outstanding and
valid California memorial license plates. If that number is less
than 7,500 in any year, then the department shall no longer issue or
replace those plates.
SEC. 8. Section 6700.25 of the Vehicle Code is amended to read:
6700.25. (a) The department shall provide a nonresident daily
commuter with external vehicle identification indicia and a
corresponding identification card, upon application therefor and
completion of the form required by Section 6700.3, which indicia and
card shall be valid for a period of two years. A vehicle shall be
exempt from Sections 4000.4 and 6700 when operated with the requisite
indicia and otherwise in accordance with this chapter.
(b) Subdivision (a) applies only to residents and vehicles of
residents of a contiguous state which has enacted laws that provide
reciprocal privileges to California residents who are employed in the
contiguous state. Subdivision (a) does not apply to residents of
foreign countries.
(c) Subdivision (a) applies only to the vehicles specified in
paragraph (1) of subdivision (a) of Section 6700.2.
(d) Subdivision (a) applies only to vehicles which are licensed in
a foreign jurisdiction that are used to commute into California to a
destination within a corridor in this state that parallels the
border between California and the contiguous state and extends not
more than 35 air miles into California from the border at any point.
The privilege accorded by subdivision (a) shall be revoked by
operation of the vehicle for commuter purposes beyond that 35-mile
corridor.
(e) The department shall charge a service fee of fifteen dollars
($15) for each vehicle.
SEC. 9. Section 9102.5 of the Vehicle Code is amended to read:
9102.5. (a) In lieu of all other fees which are specified in this
code, except fees for duplicate plates, certificates, or cards, a
fee of fifteen dollars ($15) shall be paid for the registration and
licensing of any privately owned schoolbus, as defined in Section
545, which is either of the following:
(1) Owned by a private nonprofit educational organization and
operated in accordance with the rules and regulations of the
Department of Education and the Department of the California Highway
Patrol exclusively in transporting school pupils, or school pupils
and employees, of the private nonprofit educational organization.
(2) Operated in accordance with the rules and regulations of the
Department of Education and the Department of the California Highway
Patrol exclusively in transporting school pupils, or school pupils
and employees, of any public school or private nonprofit educational
organization pursuant to a contract between a public school district
or nonprofit educational organization and the owner or operator of
the schoolbus.
This section does not apply to any schoolbus which is operated
pursuant to any contract which requires the public school district or
nonprofit educational organization to pay any amount representing
the costs of registration and weight fees unless and until the
contract is amended to require only the payment of an amount
representing the fee required by this section.
(b) When a schoolbus under contract and registered pursuant to
subdivision (a) is to be temporarily operated in such a manner that
it becomes subject to full registration fees specified in this code,
the owner may, prior to that operation, as an alternative to the full
registration, secure a temporary permit to operate the vehicle in
this state for any one or more calendar months. The permit shall be
posted upon the windshield or other prominent place upon the vehicle,
and shall identify the vehicle to which it is affixed. When so
affixed, the permit shall serve as indicia of full registration for
the period designated on the permit. Upon payment of the fees
specified in Section 9266.5, the department may issue a temporary
permit under this section.
(c) Notwithstanding any other provision, any schoolbus used
exclusively to transport students at or below the 12th-grade level to
or from any school, for an education-related purpose, or for an
activity sponsored by a nonprofit organization shall be deemed to be
a schoolbus for the purposes of this section and shall pay a fee of
fifteen dollars ($15) in lieu of all other fees which are specified
in this code, except fees for duplicate plates, certificates, or
cards.
(d) This section does not apply to a schoolbus, operated to
transport persons who are developmentally disabled, as defined by the
Lanterman Developmental Disabilities Services Act (Division 4.5
(commencing with Section 4500) of the Welfare and Institutions Code),
to or from vocational, prevocational, or work training centers
sponsored by the State Department of Developmental Services.
SEC. 10. 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.
(b) 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) 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. 11. Section 9250.8 of the Vehicle Code is amended to read:
9250.8. (a) In addition to any other fees specified in this code
and the Revenue and Taxation Code, a fee of three dollars ($3) shall
be paid at the time of registration or renewal of registration of
every vehicle, except vehicles described in subdivision (a) of
Section 5014.1, subject to registration under this code, except those
vehicles that are expressly exempted under this code from the
payment of registration fees.
(b) In addition to the fee required under subdivision (a), 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 shall
pay a fee of six dollars ($6).
SEC. 12. Section 9250.13 of the Vehicle Code is amended to
read:
9250.13. (a) (1) In addition to any other fees specified in this
code and the Revenue and Taxation Code, a fee of three
dollars ($3) six dollars ($6) shall be paid at
the time of registration or renewal of registration of every vehicle,
except vehicles described in subdivision (a) of Section 5014.1,
subject to registration under this code, except those vehicles that
are expressly exempted under this code from the payment of
registration fees.
(2) In addition to the fee required under paragraph (1), 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 shall pay a fee
of six dollars ($6).
(b) The money realized pursuant to this section shall be
available, upon appropriation by the Legislature, for expenditure to
offset the costs of increasing the uniformed field strength of the
Department of the California Highway Patrol beyond its 1994 staffing
level and those costs associated with maintaining this new level of
uniformed field strength and carrying out those duties specified in
subdivision (a) of Section 830.2 of the Penal Code.
SEC. 13. Section 9252 of the Vehicle Code is amended to read:
9252. (a) In addition to the registration fee specified in
Section 9250 and any weight fee, there shall be paid a service fee of
fifteen dollars ($15) for the registration within this state of
every vehicle purchased new outside this state or previously
registered outside this state. If the vehicle has been registered
and operated in this state during the same registration year in which
application for registration is made, a fee of fifteen dollars ($15)
shall be paid.
(b) This section does not apply to vehicles registered as fleet
vehicles under Article 4 (commencing with Section 8050) of Chapter 4,
except upon application for a certificate of ownership.
SEC. 14. Section 9254 of the Vehicle Code is amended to read:
9254. A service fee of fifteen dollars ($15) shall be paid to the
department for a certificate of ownership issued without
registration of the vehicle.
SEC. 15. Section 9258 of the Vehicle Code is amended to read:
9258. A fee of fifteen dollars ($15) shall be paid to the
department for each one-trip permit issued pursuant to Section 4003.
SEC. 16. Section 9261 of the Vehicle Code is amended to read:
9261. (a) A service fee of fifteen dollars ($15) shall be paid
for an identification plate issued pursuant to Section 5014.
Publicly owned special construction equipment, cemetery equipment,
special mobile equipment, logging vehicles, and implements of
husbandry are exempt from the service charge.
(b) A service fee of fifteen dollars ($15) shall be paid for an
identification plate issued pursuant to Section 5016.5.
(c) Upon application for the transfer of interest of an owner in a
piece of equipment, vehicle, or implement of husbandry identified
pursuant to Section 5014, the transferee shall pay a fee of fifteen
dollars ($15).
(d) A fee of fifteen dollars ($15) shall be paid upon the renewal
of an identification plate issued pursuant to Section 5014 or 5016.5.
SEC. 17. Section 9265 of the Vehicle Code is amended to read:
9265. Upon application for duplicates or substitutes as permitted
under this code, the following fees shall be paid:
(a) For a duplicate certificate of ownership
or registration card or equipment
identification card ..................... $15
(b) For any duplicate license plates, except
environmental license plates, or
substitute plates, or equipment
identification plate for the same
vehicle ................................. $15
SEC. 17.5. Section 9400.1 of the Vehicle Code is amended to read:
9400.1. (a) (1) In addition to any other required fee, there
shall be paid the fees set forth in this section for the registration
of commercial motor vehicles operated either singly or in
combination with a declared gross vehicle weight of 10,001 pounds or
more. Pickup truck and electric vehicle weight fees are not
calculated under this section.
(2) The weight of a vehicle issued an identification plate
pursuant to an application under Section 5014, and the weight of an
implement of husbandry as defined in Section 36000, shall not be
considered when calculating, pursuant to this section, the declared
gross vehicle weight of a towing commercial motor vehicle that is
owned and operated exclusively by a farmer or an employee of a farmer
in the conduct of agricultural operations.
(3) Tow trucks that are utilized to render assistance to the
motoring public or to tow or carry impounded vehicles shall pay fees
in accordance with this section, except that the fee calculation
shall be based only on the gross vehicle weight rating of the towing
or carrying vehicle. Upon each initial or transfer application for
registration of a tow truck described in this paragraph, the
registered owner or lessee or that owner's or lessee's designee,
shall certify to the department the gross vehicle weight rating of
the tow truck.
Gross Vehicle Weight Range Fee
10,001-15,000 ................................ $ 257
15,001-20,000 ................................ 353
20,001-26,000 ................................ 435
26,001-30,000 ................................ 552
30,001-35,000 ................................ 648
35,001-40,000 ................................ 761
40,001-45,000 ................................ 837
45,001-50,000 ................................ 948
50,001-54,999 ................................ 1,039
55,000-60,000 ................................ 1,173
60,001-65,000 ................................ 1,282
65,001-70,000 ................................ 1,398
70,001-75,000 ................................ 1,650
75,001-80,000 ................................ 1,700
(b) The fees specified in subdivision (a) apply to (1) an initial
or original registration occurring on or after December 31, 2001, to
December 30, 2003, inclusive of a commercial motor vehicle operated
either singly or in combination with a declared gross vehicle weight
of 10,001 pounds or more and (2) the renewal of registration of a
commercial motor vehicle operated either singly or in combination,
with a declared gross vehicle weight of 10,001 pounds or more for
which registration expires on or after December 31, 2001, to December
30, 2003, inclusive.
(c) For (1) an initial or original registration occurring on or
after December 31, 2003, of a commercial motor vehicle operated
either singly or in combination with a declared gross vehicle weight
of 10,001 pounds or more, and (2) the renewal of registration of a
commercial motor vehicle operated either singly or in combination,
with a declared gross vehicle weight of 10,001 pounds or more for
which registration expires on or after December 31, 2003, there shall
be paid fees as follows:
Gross Vehicle Weight Range Weight Code Fee
10,001-15,000 A $
371
354
15,001-20,000 B
507
482
20,001-26,000 C
623
591
26,001-30,000 D
789
746
30,001-35,000 E
926
874
35,001-40,000 F
1,086
1,024
40,001-45,000 G
1,194
1,125
45,001-50,000 H
1,352
1,272
50,001-54,999 I
1,481
1,393
55,000-60,000 J
1,671
1,571
60,001-65,000 K
1,826
1,716
65,001-70,000 L
1,991
1,870
70,001-75,000 M
2,349
2,204
75,001-80,000 N
2,420
2,271
(d) (1) In addition to the fees set forth in subdivision (a), a
Cargo Theft Interdiction Program Fee of three dollars ($3) shall be
paid at the time of initial or original registration or renewal of
registration of each motor vehicle subject to weight fees under this
section.
(2) This subdivision does not apply to vehicles used or maintained
for the transportation of persons for hire, compensation or profit,
and tow trucks.
(3) For vehicles registered under Article 4 (commencing with
Section 8050) of Chapter 4, the fee imposed under this subdivision
shall be apportioned as required for registration fees under that
article.
(4) Funds collected pursuant to the Cargo Theft Interdiction
Program shall not be proportionately reduced for each month and shall
be transferred to the Motor Carriers Safety Improvement Fund.
(e) Notwithstanding Section 42270 or any other provision of law,
of the moneys collected by the department under this section,
except subdivision (b), one hundred twenty-two dollars ($122)
for each initial, original, and renewal registration shall be
reported monthly to the Controller, and at the same time, deposited
in the State Treasury to the credit of the Motor Vehicle Account in
the State Transportation Fund. All other moneys collected by the
department under this section shall be deposited to the credit of the
State Highway Account in the State Transportation Fund. One hundred
twenty-two dollars ($122) of the fee imposed under this section
shall not be proportionately reduced for each month. For vehicles
registered under Article 4 (commencing with Section 8050) of Chapter
4, the fee shall be apportioned as required for registration under
that article.
(f) Commencing on December 31, 2003, a commercial motor vehicle
subject to this section shall have conspicuously displayed on both
the right and left sides of the vehicle the highest declared gross
combined weight or gross operating weight, or, if determined
appropriate by the department, a weight code, as specified in
subdivision (c). The displayed weight or weight code shall be in
sharp contrast to the background and shall be of a size, shape, and
color that is readily legible during daylight hours from a distance
of 50 feet. A tow truck that is subject to this section shall
display the gross vehicle weight rating or weight code in the manner
described in this subdivision.
(f) (1) The department, in consultation with the Department of the
California Highway Patrol, shall design and make available a set of
distinctive weight decals that reflect the declared gross combined
weight or gross operating weight reported to the department at the
time of initial registration, registration renewal, or when a weight
change is reported to the department pursuant to 9406.1. A new decal
shall be issued on each renewal or when the weight is changed
pursuant to Section 9406.1. The decal for a tow truck that is
subject to this section shall reflect the gross vehicle weight rating
or weight code.
(2) The department may charge a fee, not to exceed ten dollars
($10), for the department's actual cost of producing and issuing each
set of decals issued under paragraph (1).
(3) The weight decal shall be in sharp contrast to the background
and shall be of a size, shape, and color that is readily legible
during daylight hours from a distance of 50 feet.
(4) Each vehicle subject to this section shall display the weight
decal on both the right and left sides of the vehicle.
(5) A person may not display upon a vehicle a decal issued
pursuant to this subdivision that does not reflect the declared
weight reported to the department.
(6) Notwithstanding subdivision (e) or any other provision of law,
the moneys collected by the department under this subdivision shall
be deposited in the State Treasury to the credit of the Motor Vehicle
Account in the State Transportation Fund.
(7) This subdivision shall apply to vehicles subject to this
section at the time of an initial registration, registration renewal,
or reported weight change that occurs on or after July 1, 2004.
SEC. 18. Section 9554 of the Vehicle Code is amended to read:
9554. (a) (1) The penalty shall be computed as provided in
Sections 9406 and 9559 and shall be collected with the fee, except
that the penalty for delinquency with respect to any transfer is
fifteen dollars ($15) and applies only to the last transfer.
(2) 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. The penalty shall be
computed after the registration and weight fees have been combined
with the license fee specified in Section 10751 of the Revenue and
Taxation Code, as follows:
(A) For a delinquency period of 10 days or less, the penalty is 10
percent of the fee.
(B) For a delinquency period of more than 10 days, to and
including 30 days, the penalty is 20 percent of the fee.
(C) For a delinquency period of more than 30 days, to and
including one year, the penalty is 60 percent of the fee.
(D) For a delinquency period of more than one year, to and
including two years, the penalty is 80 percent of the fee.
(E) For a delinquency period of more than two years, the penalty
is 160 percent of the fee.
(3) This subdivision applies to the renewal of registration for
vehicles with expiration dates on or before December 31, 2002.
(b) Penalties specified in paragraphs (1), (2), and (3) of this
subdivision shall be computed as provided in Section 9559 and shall
be collected with the fee, except that the penalty for delinquency
with respect to any transfer is fifteen dollars ($15) and applies
only to the last transfer. A penalty shall be added on any
application for a renewal of registration made later than midnight of
the date of expiration or on or after the date penalties become due.
(1) (A) For a delinquency period of 10 days or less, the penalty
is ten dollars ($10).
(B) For a delinquency period of more than 10 days, to and
including 30 days, the penalty is fifteen dollars ($15).
(C) For a delinquency period of more than 30 days, to and
including one year, the penalty is thirty dollars ($30).
(D) For a delinquency period of more than one year, to and
including two years, the penalty is fifty dollars ($50).
(E) For a delinquency period of more than two years, the penalty
is one hundred dollars ($100).
(2) The penalty on the weight fee and the vehicle license fee
shall be computed after the weight fee as provided in Section 9400 or
9400.1 plus the vehicle license fee specified in Section 10751 of
the Revenue and Taxation Code have been added together as follows:
(A) For a delinquency period or of
10 days or less, the penalty is 10 percent of the fee.
(B) For a delinquency period exceeding 10 days, to and including
30 days, the penalty is 20 percent of the fee.
(C) For a delinquency period of more than 30 days, to and
including one year, the penalty is 60 percent of the fee.
(D) For a delinquency period of more than one year, to and
including two years, the penalty is 80 percent of the fee.
(E) For a delinquency period of more than two years, the penalty
is 160 percent of the fee.
(3) Weight fees not reported and not paid within 20 days, as
required by Section 9406, shall be assessed a penalty on the
difference in the weight fee, as follows:
(A) For a delinquency period or of
10 days or less, the penalty is 10 percent of the fee.
(B) For a delinquency period exceeding 10 days, to and including
30 days, the penalty is 20 percent of the fee.
(C) For a delinquency period of more than 30 days, to and
including one year, the penalty is 60 percent of the fee.
(D) For a delinquency period of more than one year, to and
including two years, the penalty is 80 percent of the fee.
(E) For a delinquency period of more than two years, the penalty
is 160 percent of the fee.
(4) This subdivision applies to the renewal of registration for
vehicles with expiration dates on or after January 1, 2003.
SEC. 19. Section 9702 of the Vehicle Code is amended to read:
9702. An additional fee of fifteen dollars ($15) shall be charged
for each application for partial year registration, or renewal
thereof, whenever a person pays the fee under Section 9400 or 9400.1,
as provided in Section 9700.
SEC. 20. Section 11515 of the Vehicle Code is amended to read:
11515. (a) Whenever an insurance company makes a total loss
settlement on a total loss salvage vehicle, the insurance company, an
occupational licensee of the department authorized by the insurance
company, or a salvage pool authorized by the insurance company,
shall, within 10 days from the settlement of the loss, forward the
properly endorsed certificate of ownership or other evidence of
ownership acceptable to the department, the license plates, and a fee
in the amount of fifteen dollars ($15), to the department. An
occupational licensee of the department may submit a certificate of
license plate destruction in lieu of the actual license plate. The
department, upon receipt of the certificate of ownership or other
evidence of title, the license plates, and the fee, shall issue a
salvage certificate for the vehicle.
(b) Whenever the owner of a total loss salvage vehicle retains
possession of the vehicle, the insurance company shall notify the
department of the retention on a form prescribed by the department.
The insurance company shall also notify the insured or owner of the
insured's or owner's responsibility to comply with this subdivision.
The owner shall, within 10 days from the settlement of the loss,
forward the properly endorsed certificate of ownership or other
evidence of ownership acceptable to the department, the license
plates, and a fee in the amount of fifteen dollars ($15) to the
department. The department, upon receipt of the certificate of
ownership or other evidence of title, the license plates, and the
fee, shall issue a salvage certificate for the vehicle.
(c) Whenever a total loss salvage vehicle is not the subject of an
insurance settlement, the owner shall, within 10 days from the loss,
forward the properly endorsed certificate of ownership or other
evidence of ownership acceptable to the department, the license
plates, and a fee in the amount of fifteen dollars ($15) to the
department.
(d) Whenever a total loss salvage vehicle is not the subject of an
insurance settlement, a self-insurer, as defined in Section 16052,
shall, within 10 days from the loss, forward the properly endorsed
certificate of ownership or other evidence of ownership acceptable to
the department, the license plates, and a fee in the amount of
fifteen dollars ($15) to the department.
(e) Prior to sale or disposal of a total loss salvage vehicle, the
owner, owner's agent, or salvage pool, shall obtain a properly
endorsed salvage certificate and deliver it to the purchaser within
10 days after payment in full for the salvage vehicle and shall also
comply with Section 5900. The department shall accept the endorsed
salvage certificate in lieu of the certificate of ownership or other
evidence of ownership when accompanied by an application and other
documents and fees, including, but not limited to, the fees required
by Section 9265, as may be required by the department.
(f) This section does not apply to a vehicle which has been driven
or taken without the consent of the owner thereof, until the vehicle
has been recovered by the owner and only if the vehicle is a total
loss salvage vehicle.
(g) A violation of subdivision (a), (b), (d), or (e) is a
misdemeanor, pursuant to Section 40000.11. Notwithstanding Section
40000.11, a violation of subdivision (c) is an infraction, except
that, if committed with intent to defraud, a violation of subdivision
(c) is a misdemeanor.
(h) (1) A salvage certificate issued under this section shall
include a statement that the seller and any subsequent sellers that
transfer ownership of a total loss vehicle pursuant to a properly
endorsed salvage certificate are required to disclose to the
purchaser at, or prior to, the time of sale that the vehicle has been
declared a total loss salvage vehicle.
(2) Effective on and after the department includes in the salvage
certificate form the statement described in paragraph (1), a seller
who fails to make the disclosure described in paragraph (1) shall be
subject to a civil penalty of not more than five hundred dollars
($500).
(3) Nothing in this subdivision affects any other civil remedy
provided by law, including, but not limited to, punitive damages.
SEC. 21. Section 11515.2 of the Vehicle Code is amended to read:
11515.2. (a) Whenever an insurance company makes a total loss
settlement on a nonrepairable vehicle and takes possession of that
vehicle, either itself or through an agent, the insurance company, an
occupational licensee of the department authorized by the insurance
company, or a salvage pool authorized by the insurance company,
shall, within 10 days after receipt of title by the insurer, free and
clear of all liens, forward the properly endorsed certificate of
ownership or other evidence of ownership acceptable to the
department, the license plates, and a fee in the amount of fifteen
dollars ($15) to the department. An occupational licensee of the
department may submit a certificate of license plate destruction in
lieu of the actual license plate. The department, upon receipt of
the certificate of ownership or other evidence of title, the license
plates, and the fee, shall issue a nonrepairable vehicle certificate
for the vehicle.
(b) Whenever the owner of a nonrepairable vehicle retains
possession of the vehicle, the insurance company shall notify the
department of the retention on a form prescribed by the department.
The insurance company shall also notify the insured or owner of the
insured's or owner's responsibility to comply with this subdivision.
The owner shall, within 10 days from the settlement of the loss,
forward the properly endorsed certificate of ownership or other
evidence of ownership acceptable to the department, the license
plates, and a fee in the amount of fifteen dollars ($15) to the
department. The department, upon receipt of the certificate of
ownership or other evidence of title, the license plates, and the
fee, shall issue a nonrepairable vehicle certificate for the vehicle.
(c) Whenever a nonrepairable vehicle is not the subject of an
insurance settlement, the owner shall, within 10 days from the loss,
forward the properly endorsed certificate of ownership or other
evidence of ownership acceptable to the department, the license
plates, and a fee in the amount of fifteen dollars ($15) to the
department.
(d) Whenever a nonrepairable vehicle is not the subject of an
insurance settlement, a self-insurer, as defined in Section 16052,
shall, within 10 days of the loss, forward the properly endorsed
certificate of ownership or other evidence of ownership acceptable to
the department, the license plates, and a fee in the amount of
fifteen dollars ($15) to the department.
(e) Prior to sale or disposal of a nonrepairable vehicle, the
owner, owner's agent, or salvage pool, shall obtain a properly
endorsed nonrepairable vehicle certificate and deliver it to the
purchaser within 10 days after payment in full for the nonrepairable
vehicle and shall also comply with Section 5900. The department
shall accept the endorsed nonrepairable vehicle certificate in lieu
of the certificate of ownership or other evidence of ownership when
accompanied by an application and other documents and fees,
including, but not limited to, the fees required by Section 9265, as
may be required by the department.
(f) This section does not apply to a vehicle that has been driven
or taken without the consent of the owner thereof, until the vehicle
has been recovered by the owner and only if the vehicle is a
nonrepairable vehicle.
(g) A nonrepairable vehicle certificate shall be conspicuously
labeled with the words "NONREPAIRABLE VEHICLE" across the front of
the certificate.
(h) A violation of subdivision (a), (b), (d), or (e) is a
misdemeanor, pursuant to Section 40000.11. Notwithstanding Section
40000.11, a violation of subdivision (c) is an infraction, except
that, if committed with intent to defraud, a violation of subdivision
(c) is a misdemeanor.
SEC. 22. Section 12814.5 of the Vehicle Code is amended to read:
12814.5. (a) The director may establish a program to evaluate the
traffic safety and other effects of renewing driver's licenses by
mail. Pursuant to that program, the department may renew by mail
driver's licenses for licensees not holding a probationary license,
and whose records, for the two years immediately preceding the
determination of eligibility for the renewal, show no notification of
a violation of subdivision (a) of Section 40509, a total violation
point count not greater than one
as determined in accordance with Section 12810, no
suspension of the driving privilege pursuant to Section 13353.2, and
no refusal to submit to or complete chemical testing pursuant to
Section 13353 or 13353.1.
(b) The director may terminate the renewal by mail program
authorized by this section at any time the department determines that
the program has an adverse impact on traffic safety.
(c) No renewal by mail shall be granted to any person who is 70
years of age or older.
(d) The department shall charge a fee of twenty-four dollars ($24)
for each noncommercial license renewal and thirty-four dollars ($34)
for each commercial license or noncommercial firefighter license
renewal granted pursuant to subdivision (a) which expires on the
fifth birthday following the date of the application.
(e) The department shall notify each licensee granted a renewal by
mail pursuant to this section of major changes to the Vehicle Code
affecting traffic laws occurring during the prior five-year period.
(f) The department shall not renew a driver's license by mail if
the license has been previously renewed by mail two consecutive times
for five-year periods.
SEC. 23. Section 14900 of the Vehicle Code is amended to read:
14900. (a) Upon application for an original class C or M driver's
license, there shall be paid to the department a fee of twenty-four
dollars ($24) for a license that will expire on the fifth birthday of
the applicant following the date of the application. The payment of
the fee entitles the person paying the fee to apply for a driver's
license and to take three examinations within a period of 12 months
from the date of the application or during the period that an
instruction permit is valid, as provided in Section 12509.
(b) In addition to the application fee specified in subdivision
(a), a person who fails to successfully complete the driving skill
test on the first attempt shall be required to pay an additional fee
of five dollars ($5) for each additional driving skill test
administered under that application.
(c) The fee specified in subdivision (b) shall be collected in
conjunction with any application submitted on or after July 1, 2003.
SEC. 24. Section 14900.1 of the Vehicle Code is amended to read:
14900.1. (a) Except as provided in Sections 15250.6 and 15255.1,
upon application for the renewal of a driver's license or for a
license to operate a different class of vehicle, there shall be paid
to the department a fee of twenty-four dollars ($24) for a license
that will expire on the fifth birthday of the applicant following the
date of the application. The payment of the fee entitles the person
paying the fee to apply for a driver's license and to take three
examinations within a period of 12 months from the date of the
application or during the period that an instruction permit is valid,
as provided in Section 12509.
(b) In addition to the application fee specified in subdivision
(a), a person who fails to successfully complete the driving skill
test on the first attempt shall be required to pay an additional fee
of five dollars ($5) for each additional driving skill test
administered under that application.
(c) The fee specified in subdivision (b) shall be collected in
conjunction with any application submitted on or after July 1, 2003.
SEC. 25. Section 14901 of the Vehicle Code is amended to read:
14901. Upon an application for a duplicate driver's license or
for a change of name on a driver's license, there shall be paid the
department a fee of nineteen dollars ($19).
SEC. 26. Section 14902 of the Vehicle Code is amended to read:
14902. (a) Except as otherwise provided in subdivision (b) of
this section, subdivision (c) of Section 13002, and subdivision (c)
of Section 14900, upon an application for an identification card
there shall be paid to the department a fee of twenty dollars ($20).
(b) An original or replacement senior citizen identification card
issued pursuant to subdivision (b) of Section 13000 shall be issued
free of charge.
(c) All fees received pursuant to this section shall be deposited
in the Motor Vehicle Account.
SEC. 27. Section 38121 of the Vehicle Code is amended to read:
38121. (a) Prior to the expiration of the identification of an
off-highway motor vehicle, if that identification is not to be
renewed prior to its expiration, the owner of the vehicle shall file,
under penalty of perjury, a certification that the vehicle will not
be operated, used, or transported on public property or private
property in a manner so as to subject the vehicle to identification
during the subsequent identification period without first making an
application for identification of the vehicle, including full payment
of all fees. The certification of nonoperation is valid until the
identification is renewed under subdivision (c).
(b) Each certification of nonoperation filed pursuant to
subdivision (a) shall be accompanied by a filing fee of fifteen
dollars ($15).
(c) An application for renewal of identification, whether or not
accompanied by an application for transfer of title to, or any
interest in, the vehicle, shall be submitted to the department with
payment of the required fees for the current identification period
and without penalty for delinquent payment of fees imposed under this
code if the department receives the application on or before the
date the vehicle is first operated, used, or transported on public
property or private property in a manner so as to subject the vehicle
to identification and certification of nonoperation required
pursuant to subdivision (a).
(d) A certification of nonoperation is not required to be filed
pursuant to subdivision (a) for a vehicle on which the identification
expires while being held as inventory by a dealer or
lessor-retailer.
SEC. 28. Section 38225.4 of the Vehicle Code, as added by Section
6 of Chapter 1004 of the Statutes of 1994, is repealed.
SEC. 29. Section 38225.4 of the Vehicle Code, as added by Section
3 of Chapter 1197 of the Statutes of 1994, is amended to read:
38225.4. In addition to the service fees specified in subdivision
(a) of Section 38225, as amended by Section 6 of Chapter 964 of the
Statutes of 1992, a fee of three dollars ($3) shall be paid at the
time of issuance or renewal of identification of off-highway motor
vehicles subject to identification, except as expressly exempted
under this division. The department shall deposit the fee received
under this section in the Motor Vehicle Account in the State
Transportation Fund. The money deposited in the account pursuant to
this section shall be available, upon appropriation by the
Legislature, for expenditure to offset the costs of maintaining the
uniformed field strength of the Department of the California Highway
Patrol.
SEC. 30. Section 38225.5 of the Vehicle Code is amended to read:
38225.5. In addition to the service fees specified in Section
38225, a fee of three dollars ($3) shall be paid at the time of
issuance or renewal of identification of off-highway vehicles subject
to identification, except as expressly exempted under this division.
The department shall deposit the fee received under this section in
the Motor Vehicle Account in the State Transportation Fund. The
money deposited in the account pursuant to this section shall be
available, upon appropriation by the Legislature, for expenditure to
offset the costs of increasing the uniformed field strength of the
Department of the California Highway Patrol beyond its 1994 staffing
level and those costs associated with maintaining this new level of
uniformed field strength and carrying out those duties specified in
subdivision (a) of Section 830.2 of the Penal Code.
SEC. 31. Section 38232 of the Vehicle Code is amended to read:
38232. A special fee of fifteen dollars ($15) shall be paid to
the department for the issuance of a special transportation
identification device issued pursuant to Section 38088 and shall be
deposited in the Motor Vehicle Account in the Transportation Tax
Fund. The fee is in lieu of the fees provided in Section 38225.
SEC. 32. Section 38255 of the Vehicle Code is amended to read:
38255. Upon application for transfer of ownership or any interest
of an owner, or legal owner in or to any off-highway motor vehicle
identified under this division, there shall be paid the following
fees:
(a) For a transfer by the owner ........... $15
(b) For a transfer by the legal owner ..... $15
(c) When application is presented showing a
transfer by both the owner and legal
owner ................................. $15
SEC. 33. Section 38260 of the Vehicle Code is amended to read:
38260. Upon application for a duplicate ownership certificate or
identification certificate, or a duplicate or substitute
identification plate or device, or any other tabs, stickers, or
devices, there shall be paid a fee in the amount of fifteen dollars
($15).
SEC. 34. Section 38265 of the Vehicle Code is amended to read:
38265. (a) The penalty for delinquency in respect to any transfer
shall be fifteen dollars ($15), and shall apply only to the last
transfer.
(b) The penalty for delinquency in respect to the fees imposed by
Sections 38225 and 38230 shall be equal to one-half the fee after it
has been computed.
SEC. 34.5.
SEC. 35. Notwithstanding any other provision of law, any
additional moneys collected by the department as a result of the
amendments made to Section 9400.1 of the Vehicle Code by Section 17.5
of this act may not be used for the purposes described in
subdivision (b) of Section 1 of Article XIX of the California
Constitution.
SEC. 36. The Legislature finds and declares that the changes to
the fee schedule made in Section 9400.1 by Section 17.5 of this act
are for the purpose of obtaining "revenue neutrality" as described in
Sections 1 and 59 of Senate Bill 2084 of the 1999-2000 Regular
Session (Chapter 861 of the Statutes of 2000).
SEC. 37. Item No. 2720-001-0044 of the Budget Act of 2003 is
amended to read:
2720-001-0044--For support of Department of the
California Highway Patrol, payable from the Motor
Vehicle Account, State Transportation Fund ..........
1,006,297,000
1,106,297,000
Schedule:
(1) 10-Traffic Management ...........................
1,065,766,000
(2) 20-Regulation and Inspection ....................
134,586,000
(3) 30-Vehicle Ownership Security ...................
30,217,000
(4) 40.01-Administration ............................
145,848,000
(5) 40.02-Distributed Administration ................
-145,848,000
(6) Reimbursements ..................................
-63,309,000
(7) Unallocated Reduction ...........................
(-100,041,000)
(8) Amount payable from the State
Highway Account (Item 2720-001-0042) ............
-43,787,000
(9) Amount payable from the Motor Carrier Safety
Improvement Fund (Item 2720-001-0293) ...........
-1,190,000
(10) Amount payable from the California Motorcyclist
Safety Fund (Item 2720-001-0840) ................
-1,573,000
(11) Amount payable from the Federal Trust Fund (Item
2720-001-0890) ...................................
-12,077,000
(12) Amount payable from the Hazardous Substance
Account, Special Deposit Fund (Item
2720-001-0942) ..................................
-208,000
(13) Amount payable from the Asset Forfeiture
Account, Special Deposit Fund (Item
2720-011-0942) ...................................
-2,087,000
SEC. 38. No reimbursement is required by this act pursuant
to Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution. ____ CORRECTIONS Text
-- Pages 8,18,32,33. ____