BILL NUMBER: SB 1055 CHAPTERED 10/09/03 CHAPTER 719 FILED WITH SECRETARY OF STATE OCTOBER 9, 2003 APPROVED BY GOVERNOR OCTOBER 8, 2003 PASSED THE SENATE SEPTEMBER 11, 2003 PASSED THE ASSEMBLY SEPTEMBER 10, 2003 AMENDED IN ASSEMBLY SEPTEMBER 9, 2003 INTRODUCED BY Committee on Budget and Fiscal Review FEBRUARY 27, 2003 An act to amend Section 488.385 of the Code of Civil Procedure, to amend Section 10902 of the Revenue and Taxation Code, to amend Sections 1685, 4064, 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 SB 1055, Committee on Budget and Fiscal Review. 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 or specify 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 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 provide for an adjustment of the revised schedule of weight fees if, based on the required review by the Director of Finance of the final 2003-04 Statement of Transactions for the State Highway Account, the actual truck weight fee revenues deposited in the State Highway Account do not total at least $789,000,000. 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 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 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. Appropriation: 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 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 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 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), fee, 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) (1) For (A) 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 (B) 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 $ 332 15,001-20,000 B 447 20,001-26,000 C 546 26,001-30,000 D 586 30,001-35,000 E 801 35,001-40,000 F 937 937 40,001-45,000 G 1,028 45,001-50,000 H 1,161 50,001-54,999 I 1,270 55,000-60,000 J 1,431 60,001-65,000 K 1,562 65,001-70,000 L 1,701 70,001-75,000 M 2,004 75,001-80,000 N 2,064 (2) 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), the Director of Finance shall review the final 2003-04 Statement of Transactions of the State Highway Account. If that review indicates that the actual truck weight fee revenues deposited in the State Highway Account do not total at least seven hundred eighty-nine million dollars ($789,000,000), the Director of Finance shall instruct the department to adjust the schedule set forth in paragraph (1), but not to exceed the following fee amounts: Gross Vehicle Weight Range Weight Code Fee 10,001-15,000 A $ 354 15,001-20,000 B 482 20,001-26,000 C 591 26,001-30,000 D 746 30,001-35,000 E 874 35,001-40,000 F 1,024 40,001-45,000 G 1,125 45,001-50,000 H 1,272 50,001-54,999 I 1,393 55,000-60,000 J 1,571 60,001-65,000 K 1,716 65,001-70,000 L 1,870 70,001-75,000 M 2,204 75,001-80,000 N 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, 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) (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 occur 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 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 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 the 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. 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 .......... 1,106,297,000 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 (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.