BILL ANALYSIS                                                                                                                                                                                                    
           SENATE TRANSPORTATION & HOUSING COMMITTEE       BILL NO: SB 10
          SENATOR ALAN LOWENTHAL, CHAIRMAN               AUTHOR:  leno
                                                         VERSION: 4/13/09
          Analysis by: Carrie Cornwell                   FISCAL:  yes
          Hearing date: April 14, 2009
          SUBJECT:
          Vehicle license fee: local assessment
          DESCRIPTION:
          This bill authorizes a county to place on the ballot a measure  
          to impose an additional assessment on vehicles owned by  
          residents of that county.
          ANALYSIS:
          Existing state law imposes a vehicle license fee (VLF), which is  
          in lieu of a personal property tax on California motor vehicles,  
          at a rate based on the taxable value of the vehicle. The taxable  
          value of a vehicle is established by the purchase price of the  
          vehicle, depreciated annually according to a statutory schedule.  
          The VLF tax rate is currently 0.65 percent of the value of a  
          vehicle, but historically the rate has been two percent of  
          value, and effective May 19, 2009, the rate will be 1.15  
          percent, because of 
          AB 3XXX (Evans), Chapter 18, Statutes of 2009-10 Third  
          Extraordinary Session.
          AB 3XXX  temporarily increases the VLF rate to 1.15% and  
          dedicates revenue from the portion of the increase from 0.65  
          percent to one percent to the state General Fund and revenue  
          from the additional increase of 0.15 percent to specific local  
          public safety programs. AB 3XXX's VLF rate increase becomes  
          effective for vehicle registrations on May 19, 2009 and expires  
          June 30, 2013, if the voters approve Proposition 1A, the budget  
          stabilization constitutional amendment, on the May 19th ballot.  
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          If the voters reject Proposition 1A, both components of the rate  
          increase will expire two years sooner on June 30, 2011. 
          For the taxpayer, VLF is deductible on both state and federal  
          income taxes. 
           This bill  :
          
          1.Authorizes the board of supervisors of any county, by a  
            two-thirds vote, to adopt an ordinance to place before the  
            voters in that county a measure to levy a local assessment for  
            general revenue purposes. The local assessment would be placed  
            on residents of the county for the privilege of operating a  
            vehicle or trailer coach subject to the state VLF upon the  
            public streets and highways of the county.
          2.Specifies that the assessment rate shall be equal to the  
            difference between the historical two percent state VLF rate  
            and the current state VLF rate. In 2010, when this bill takes  
            effect, this would allow imposition of a local assessment rate  
            of 0.85 percent on the depreciated value of a county's  
            residents' vehicles (2% minus the state VLF of 1.15%). The  
            resulting total VLF imposed on residents of counties adopting  
            the assessment would be two percent (1.15 percent to the  
            state, plus 0.85 percent to the county). The bill provides for  
            the local assessment to adjust so that county residents would  
            always pay two percent, even after the state adjusts its rate.  
          3.Requires that the ordinance proposing the assessment be  
            submitted to the electorate of the county and approved by a  
            majority of those voting. 
          4.Allows a county imposing the local assessment to impose a  
            lower rate for low-emission vehicles, as defined.
          5.Requires any county imposing an assessment to contract with  
            the Department of Motor Vehicles (DMV) to collect and  
            administer the fee and to pay DMV for its initial setup and  
            programming costs.
          6.Requires DMV to do all of the following:
             i)   Collect the local assessment pursuant to a contract with  
               the county;
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             ii)        Deduct its costs from the assessments collected;
             iii)       Report to the Franchise Tax Board (FTB) the  
               aggregate amount paid by each person paying the local  
               assessment authorized under this bill for the prior  
               quarter. The FTB in turn shall report to the DMV state  
               revenue losses resulting from taxpayers deducting the local  
               VLF assessments authorized by this bill from their personal  
               income tax and their corporation taxes. DMV shall remit  
               that amount to the State Controller for deposit in the  
               state General Fund, ensuring that the implementation of  
               this bill results in no loss of state revenue; and
             iv)        Transmit the collected revenues minus these  
               deductions to the counties imposing the assessments as  
               promptly as feasible.
          7.Provides that the revenue generated by a local assessment  
            imposed in a county shall not supplant any moneys that the  
            state apportions to the county.
          
          COMMENTS:
           1)Purpose  . The author notes that the VLF is one of the largest  
            sources of general-purpose tax revenues for California's  
            counties.  These revenues fund vital programs, including  
            public safety, public health, social services, fire  
            protection, public works, and cultural activities.  Much of  
            this revenue was lost when the Governor signed an executive  
            order in 2003 reducing the VLF to the 0.65 percent rate.
            The author states that key public services are under constant  
            budget pressures from both increasing costs such as labor,  
            fuel, and medical expenses, as well as from expanding need for  
            public services resulting from homelessness, HIV/AIDS, and  
            reduced state and federal funding due to current economic  
            conditions. The author introduced this bill to grant the  
            people of each county the right of voter determination to levy  
            a fee upon themselves to fund vital services and thus give  
            county voters a viable alternative to cutting services.  
           2)Previous legislation  . AB 799 (Leno) of 2005 and AB 1590 (Leno)  
            of 2007 were both very similar to this bill, except they  
            applied only to the City and County of San Francisco. 
            AB 1590 was never taken up in a Senate policy committee, and  
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            the governor vetoed 
            AB 799. His veto message read in part:
               Within hours of taking office in 2003, I signed an  
               Executive Order to reverse the car tax increase.  That  
               action returned $4 billion to the people of California.   
               Putting that money back into the hands of hard working  
               Californians is one of the ways we have helped our
               economy grow over the last three years.
               This measure would, in effect, reinstate the car tax for  
               the people of San Francisco.  In fact, if the vehicle  
               license fee increase proposed by this bill were enacted,  
               the people of San Francisco could pay more than twice the  
               amount to register their vehicles than
               anyone else in the state.
               As noted in my veto messages of prior years, I am not  
               opposed to modest increases in fees if such increases are  
               approved by the impacted voters and not addressed in a  
               piecemeal fashion.  Although this bill requires voter  
               approval, it impacts only one county.
           3)Constitutionality  . The California Constitution prohibits any  
            local government from imposing, extending, or increasing any  
            "general tax" unless and until that tax is submitted to the  
            electorate and approved by a majority vote. A special tax, in  
            turn, may only be imposed if that tax is approved by a  
            two-thirds vote of the local electorate.  The California  
            Constitution defines a general tax as any tax imposed for  
            general governmental purposes, while the term "special tax" is  
            defined as a tax imposed for specific purposes.  This bill  
            authorizes a county board of supervisors, by a two-thirds  
            vote, to place before the voters of the county, an ordinance  
            to levy a local assessment for general revenue purposes.  As  
            such, the ordinance only needs to be approved by a majority of  
            voters and does not require the supermajority vote required  
            for special taxes.  
           4)Double referral  . The Rules Committee referred this bill to  
            both the Transportation and Housing Committee and to the  
            Revenue and Taxation Committee. Therefore, should this bill  
            pass this committee, it will be referred to the Senate Revenue  
            and Taxation Committee.
          
          POSITIONS:  (Communicated to the Committee before noon on  
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          Wednesday, 
                     April 8, 2009)
               SUPPORT:  California Communities United Institute
                         San Francisco Chamber of Commerce
               OPPOSED:  None received.