BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           10 (Leno)
          
          Hearing Date:  5/4/2009         Amended: 4/13/2009
          Consultant: Mark McKenzie       Policy Vote: T&H 6-4
                                                                            
                                    Rev&Tax 5-3
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          BILL SUMMARY:  SB 10 would authorize a county to impose a  
          voter-approved local assessment on the value of motor vehicles  
          registered within its jurisdiction at a rate that is equal to  
          the difference between the statewide rate of the vehicle license  
          fee (VLF) and 2% of a vehicle's market value.
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                            Fiscal Impact (in thousands)

           Major Provisions         2009-10      2010-11       2011-12     Fund
           Maximum local assessments                      
          ($1,483,250)($4,711,500)Local
          (revenue gain)

          DMV programming/admin             $543        $112      Special*
                                 (up-front costs paid by county, ongoing  
          costs
                                 deducted from assessments collected)

          Maximum tax revenue loss                      $180,000   
          $10,000General
           from VLF taxpayer deductions
          ____________
          * Motor Vehicle Account

          Staff notes that the local assessment revenue gain and tax  
          revenue loss shown here are based upon approval of the  
          assessment in every county in the state.  Actual costs and  
          revenues would depend upon the number of counties approving an  
          assessment and the number of vehicles registered in those  
          counties.  For purposes of example, if only San Francisco (with  
          423,110 fee-paid vehicle registrations) approved an assessment  
          of 2% and the current VLF is 1.15%, annual local revenues would  
          be $43,147,220 and the estimated annual tax revenue loss in the  
          first year would be approximately $1.5 million.  Tax revenue  










          losses are reimbursed to the General Fund in the following year  
          from revenues collected.
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          ____

          STAFF COMMENTS: This bill meets the criteria for referral to the  
          Suspense File.
          Existing law imposes an annual vehicle license fee (in lieu of a  
          personal property tax) on all motor vehicles not otherwise  
          exempt.  The VLF is calculated by multiplying the depreciated  
          value of the vehicle by a rate of 0.65%, with the revenue  
          dedicated to local governments.  Although the current rate is  
          0.65 %, the rate had historically been 2% of a vehicle's value  
          up until 2004, and effective May 19, 2009, the rate will  
          increase to 1.15% pursuant to AB3x 3 (Evans), Chapter 18 of  
          2009-10 Third Extraordinary Session.  The 1.15% rate will revert  
          to 0.65% on June 30, 2011, unless voters approve Proposition 1A  
          on the May 19, 2009 ballot, in which case the increased rate  
          would expire on June 30, 2013.
          Page 2
          SB 10 (Leno)

          SB 10 would authorize a county board of supervisors (including  
          the City and County of San Francisco), upon approval by a 2/3  
          vote of the board of supervisors and a majority of the  
          electorate, to impose an assessment on the value of motor  
          vehicles registered in the county.  This local assessment rate  
          would be equal to the difference between 2% of a vehicle's value  
          and the rate levied by the state (except that a lower rate may  
          be imposed for low-emission vehicles), and revenues collected  
          would be for general purposes.  A county would be required to  
          contract with the Department of Motor Vehicles (DMV) to collect  
          and administer the fee.  The bill would require a county to pay  
          DMV for initial setup and programming costs, and DMV would  
          recover any ongoing administrative costs from assessment  
          revenues collected.  

          Existing law provides that the VLF, which is effectively a  
          property tax on vehicles, is deductible for both the state and  
          federal income tax purposes.  SB 10 would require DMV to provide  
          quarterly reports to the Franchise Tax Board (FTB) indicating  
          the amount of assessments paid in each participating county.   
          FTB would estimate the increased amount of tax revenue loss due  
          to deductibility of this additional assessment for state  
          purposes.  The estimated state revenue loss for the prior year  
          would be deducted by DMV from the amount of fee revenue  










          collected and deposited in the General Fund.  

          FTB estimates a tax revenue loss as a result of increased VLF  
          tax deductions of approximately $180 million in 2011-12, and  
          $190 million in 2012-13 which would be reimbursed to the General  
          Fund from revenues collected by DMV in the next fiscal year.   
          For purposes of this estimate, FTB assumes all counties would  
          begin imposing the assessment at the maximum 2% rate on January  
          1, 2011, resulting in deductions being claimed on the 2011 tax  
          return that are filed in 2012.  FTB estimates also assume that  
          the current VLF rate of 1.15% would expire and reset to 0.65% on  
          June 30, 2011, a total statewide vehicle value in 2011 of $349  
          billion, 50% of the value of the assessment would result in a  
          deduction, and a 7% tax rate.

          DMV would be required to administer the collection and  
          distribution of the fees on behalf of each county agency that  
          received voter approval to impose the new assessment.  Initial  
          costs for programming the new fee into DMV's processing system  
          would be $543,165, with ongoing administrative costs of  
          $112,362.  Adding counties that approve assessments later would  
          be relatively minor.  Initial costs would be paid up front by  
          the agency imposing the assessment through a direct contract  
          with DMV.  Ongoing administrative costs to DMV would be deducted  
          from fees collected prior to distribution to the local agency.  

          DMV notes a concern about technical problems on their archaic  
          processing systems caused by the cumulative pressures placed on  
          these systems from the proliferation of fee codes.  This bill  
          may result in an increase in vehicle transactions that must be  
          manually processed to the extent that numerous counties impose  
          the new assessment and transaction errors occur more frequently.  
           DMV is currently in the process of updating their information  
          technology systems.  This modernization project should be  
          completed by 2013, at which time transactions will be processed  
          more efficiently and with fewer errors.
          Page 3
          SB 10 (Leno)

          SB 10 authorizes a county that imposes the assessment to charge  
          a reduced rate for low-emission vehicles.  DMV does not have the  
          ability to determine which vehicles qualify as low-emission  
          because their records do not currently track this data.  This  
          may result in implementation and programming challenges for DMV  
          to charge a reduced rate when calculating the VLF for  
          registration purposes.