BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



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          |SENATE RULES COMMITTEE            |                  AB 22X1|
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                                 THIRD READING


          Bill No:  AB 22X1
          Author:   Blumenfield (D)
          Amended:  6/14/11 in Senate
          Vote:     21

           
          PRIOR VOTES NOT RELEVANT


           SUBJECT  :    Budget Act of 2011:  Vehicle Fees

           SOURCE  :     Author


           DIGEST  :    This bill provides the necessary statutory 
          changes in the area of vehicles fee and tax collection in 
          order to enact revisions to the 2011 Budget Act.

           ANALYSIS  :    This bill recalculates the cost shares for 
          Department of Motor Vehicles (DMV) administration funded 
          from different fees and taxes collected on vehicles.  The 
          administrative costs paid by Vehicle License Fee (VLF) tax 
          would be reduced, and the administrative costs paid from 
          vehicle registration fees would be increased.  As a result, 
          the amount of VLF directed to local governments would 
          increase by $300 million to support public safety 
          realignment.  Vehicle registration fees would be increased 
          by $12 per vehicle to cover the new cost share from 
          registration fees.

           Existing Law
           
          1. Assigns cost shares for DMV's administrative costs based 
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             on the proportional amount of revenue collected from 
             different fees and taxes.  However, the cost share for 
             the VLF is set in statute at what the tax revenue would 
             otherwise be if the rate was still set at two percent of 
             a vehicle's value.  Instead, the permanent base rate for 
             the VLF is now set at 0.65 percent.
           
          2. The Constitution specifies the allocation of the first 
             0.65 percent of VLF revenue.  Specifically, Section 15 
             of Article XI requires that revenues collected over and 
             above the costs of collection and any refunds, be 
             allocated to local governments.   Of approximately $1.8 
             billion collected at the 0.65 rate, about $330 million 
             of the VLF is directed to state administration (about 
             $325 million to DMV and about $5 million to the 
             Franchise Tax Board), resulting in about $1.5 billion 
             flowing to local governments.  

          3. The base rate for the vehicle registration fee is $31 
             annually per vehicle.  The rate has not been increased 
             since 2004.  Other fees are applied on top of the base 
             rate, for the Department of the California Highway 
             Patrol and other purposes.

          4. The Constitution specifies in Section 3 of Article XIIIA 
             that a charge imposed for the reasonable regulatory 
             costs to the state incident to issuing licenses and 
             permits and the administrative enforcement and 
             adjudication thereof are defined as fees and not taxes.

          This bill:

          1. Sets the cost share of the VLF for DMV administration at 
             $25 million in 2011-12 and grows it annually thereafter 
             at the rate of the California Consumer Price Index.  If 
             the Department of Finance finds in the future that the 
             amount provided from the VLF is not sufficient to cover 
             the DMV's costs of collecting the VLF, it shall notify 
             the Legislature and propose the necessary budget 
             adjustments.  By reducing the share of administrative 
             costs paid out of the VLF, this bill will result in an 
             additional $300 million in VLF revenue to allocate to 
             cities and counties.  This bill directs this $300 
             million into the Local Revenue Fund 2011 to be used for 

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             Public Safety Realignment.

          2. Increases the base motor vehicle registration fee by $12 
             per year.  This fee increase will result in new annual 
             fee revenue of about $300 million to cover the 
             administration cost of the DMV that this bill is 
             shifting to registration fees.


           Comments  

          By setting the administrative costs for DMV of collecting 
          the VLF at $25 million, the costs or collection as a share 
          of total VLF tax collected is approximately one percent.  
          This is proportionally similar to the cost of collection 
          for the Franchise Tax Board for the personal income tax and 
          the corporate tax, and similar to the cost of collection 
          for the Board of Equalization for the sales tax.

           FISCAL EFFECT  :    Appropriation:  Yes   Fiscal Com.:  Yes   
          Local:  No


          JJA:mw  6/15/11   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

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