BILL NUMBER: AB 1424 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 4, 2011
INTRODUCED BY Committee on Revenue and Taxation (Assembly Members
Perea (Chair), Beall, Charles Calderon, Cedillo, Fuentes, and Gordon)
MARCH 22, 2011
An act to amend Sections 1793.2 and 1793.25 of the Civil Code, and
to amend Sections 6055, 6203.5, 6248, 7096, 7101, 8351,
and 30474 of, and to add Sections 7157, 8407, 30483, and 60709 to,
the Revenue and Taxation Code, relating to taxation.
LEGISLATIVE COUNSEL'S DIGEST
AB 1424, as amended, Committee on Revenue and Taxation. Tax
administration: collection: lenders: vessels: vehicles.
Existing law requires the State Board of Equalization to reimburse
a manufacturer for an amount equal to the sales tax which the
manufacturer pays to or for the buyer when providing a replacement
vehicle or making restitution pursuant to the Song-Beverly Consumer
Warranty Act, subject to satisfactory proof, as specified.
This bill also would also provide that the board is to reimburse a
manufacturer for an amount equal to the use tax which the
manufacturer pays to or for the buyer or lessee when providing a
replacement vehicle or making restitution pursuant to the
Song-Beverly Consumer Warranty Act, subject to satisfactory proof, as
specified.
This bill would make other conforming changes, and would also
state that the above provisions of the bill are declaratory of
existing law.
The Sales and Use Tax Law imposes a tax on retailers measured by
the gross receipts from the sale of tangible personal property sold
at retail in this state, or on the storage, use, or other consumption
in this state of tangible personal property purchased from a
retailer for storage, use, or other consumption in this state,
measured by sales price.
The Sales and Use Tax Law also allows a retailer to be relieved
from liability for sales or use tax when the measure of the tax is
represented by accounts that have been found to be worthless and
charged off for income tax purposes. Retailers who sell their
accounts receivables, or lenders who purchase them, are entitled to a
refund or a deduction for the taxes paid to the board on that
portion of the accounts receivable that is written off as worthless.
In these circumstances, existing law requires the retailer and the
lender, prior to claiming any deduction or refund, to file an
election form with the board, signed by both parties, designating
which party is entitled to claim the deduction or refund.
This bill would remove the requirement that the election form be
filed with the board and would instead require the election form to
be retained by the retailer and the lender.
Under the Sales and Use Tax Law, there is a presumption that a
vehicle, vessel, or aircraft shipped or brought into this state
within 12 months from the date of its purchase was acquired for
storage, use, or other consumption in this state and is subject to
the use tax if specified conditions are met. Under existing law, this
presumption does not apply if a vessel was brought into the state
exclusively for the purpose of repair, retrofit, or modification
performed in a permitted facility that is licensed to do business in
the county in which it is located.
This bill would, for purposes of the exclusion from this
presumption, also allow the repair, retrofit, or modification to be
performed in a permitted facility that is licensed to do business in
the city or city and county in which it is located, if the city or
city and county so requires, or performed in permitted facility in a
county in which it is not required to be licensed.
The Bradley-Burns Uniform Local Sales and Use Tax authorizes
counties and cities to impose local sales and use taxes in conformity
with the Sales and Use Tax Law, and existing law authorizes
districts to impose transactions and use taxes in accordance with
Transactions and Use Tax Law are incorporated into these laws.
Section 2230 of the Revenue and Taxation Code provides that the state
will reimburse counties and cities for revenue losses caused by the
enactment of sales and use tax exemptions.
This bill would provide that, notwithstanding Section 2230 of the
Revenue and Taxation Code, no appropriation is made and the state
shall not reimburse local agencies for sales and use tax revenues
lost by them pursuant to this bill.
Existing law requires the State Board of Equalization to
administer the Sales and Use Tax Law and authorizes the board to
undertake collection action on delinquent accounts, including issuing
a levy or notice to withhold. A taxpayer may file a claim with the
Board of Equalization for reimbursement of bank charges or any other
reasonable 3rd-party check charge fees incurred by the taxpayer as a
direct result of an erroneous levy or notice to withhold by the
board.
This bill would additionally authorize a taxpayer to file a
reimbursement claim with the board for bank charges and other
reasonable 3rd-party check charge fees incurred as a direct result of
an erroneous processing action or erroneous collection action by the
board.
Existing law authorizes the State Board of Equalization and the
Controller's office to use specified collection tools with respect to
delinquent accounts and liabilities.
This bill would authorize the board and the Controller's office to
collect restitution orders under specified laws, and a specified
penalty, awarded to the state by a court in criminal proceedings, in
the same manner as tax liabilities.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1793.2 of the Civil Code is amended to read:
1793.2. (a) Every manufacturer of consumer goods sold in this
state and for which the manufacturer has made an express warranty
shall:
(1) (A) Maintain in this state sufficient service and repair
facilities reasonably close to all areas where its consumer goods are
sold to carry out the terms of those warranties or designate and
authorize in this state as service and repair facilities independent
repair or service facilities reasonably close to all areas where its
consumer goods are sold to carry out the terms of the warranties.
(B) As a means of complying with this paragraph, a manufacturer
may enter into warranty service contracts with independent service
and repair facilities. The warranty service contracts may provide for
a fixed schedule of rates to be charged for warranty service or
warranty repair work. However, the rates fixed by those contracts
shall be in conformity with the requirements of subdivision (c) of
Section 1793.3. The rates established pursuant to subdivision (c) of
Section 1793.3, between the manufacturer and the independent service
and repair facility, do not preclude a good faith discount that is
reasonably related to reduced credit and general overhead cost
factors arising from the manufacturer's payment of warranty charges
direct to the independent service and repair facility. The warranty
service contracts authorized by this paragraph may not be executed to
cover a period of time in excess of one year, and may be renewed
only by a separate, new contract or letter of agreement between the
manufacturer and the independent service and repair facility.
(2) In the event of a failure to comply with paragraph (1) of this
subdivision, be subject to Section 1793.5.
(3) Make available to authorized service and repair facilities
sufficient service literature and replacement parts to effect repairs
during the express warranty period.
(b) Where those service and repair facilities are maintained in
this state and service or repair of the goods is necessary because
they do not conform with the applicable express warranties, service
and repair shall be commenced within a reasonable time by the
manufacturer or its representative in this state. Unless the buyer
agrees in writing to the contrary, the goods shall be serviced or
repaired so as to conform to the applicable warranties within 30
days. Delay caused by conditions beyond the control of the
manufacturer or its representatives shall serve to extend this 30-day
requirement. Where delay arises, conforming goods shall be tendered
as soon as possible following termination of the condition giving
rise to the delay.
(c) The buyer shall deliver nonconforming goods to the
manufacturer's service and repair facility within this state, unless,
due to reasons of size and weight, or method of attachment, or
method of installation, or nature of the nonconformity, delivery
cannot reasonably be accomplished. If the buyer cannot return the
nonconforming goods for any of these reasons, he or she shall notify
the manufacturer or its nearest service and repair facility within
the state. Written notice of nonconformity to the manufacturer or its
service and repair facility shall constitute return of the goods for
purposes of this section. Upon receipt of that notice of
nonconformity, the manufacturer shall, at its option, service or
repair the goods at the buyer's residence, or pick up the goods for
service and repair, or arrange for transporting the goods to its
service and repair facility. All reasonable costs of transporting the
goods when a buyer cannot return them for any of the above reasons
shall be at the manufacturer's expense. The reasonable costs of
transporting nonconforming goods after delivery to the service and
repair facility until return of the goods to the buyer shall be at
the manufacturer's expense.
(d) (1) Except as provided in paragraph (2), if the manufacturer
or its representative in this state does not service or repair the
goods to conform to the applicable express warranties after a
reasonable number of attempts, the manufacturer shall either replace
the goods or reimburse the buyer in an amount equal to the purchase
price paid by the buyer, less that amount directly attributable to
use by the buyer prior to the discovery of the nonconformity.
(2) If the manufacturer or its representative in this state is
unable to service or repair a new motor vehicle, as that term is
defined in paragraph (2) of subdivision (e) of Section 1793.22, to
conform to the applicable express warranties after a reasonable
number of attempts, the manufacturer shall either promptly replace
the new motor vehicle in accordance with subparagraph (A) or promptly
make restitution to the buyer in accordance with subparagraph (B).
However, the buyer shall be free to elect restitution in lieu of
replacement, and in no event shall the buyer be required by the
manufacturer to accept a replacement vehicle.
(A) In the case of replacement, the manufacturer shall replace the
buyer's vehicle with a new motor vehicle substantially identical to
the vehicle replaced. The replacement vehicle shall be accompanied by
all express and implied warranties that normally accompany new motor
vehicles of that specific kind. The manufacturer also shall pay for,
or to, the buyer the amount of any sales or use tax, license fees,
registration fees, and other official fees which the buyer is
obligated to pay in connection with the replacement, plus any
incidental damages to which the buyer is entitled under Section 1794,
including, but not limited to, reasonable repair, towing, and rental
car costs actually incurred by the buyer.
(B) In the case of restitution, the manufacturer shall make
restitution in an amount equal to the actual price paid or payable by
the buyer, including any charges for transportation and
manufacturer-installed options, but excluding nonmanufacturer items
installed by a dealer or the buyer, and including any collateral
charges such as sales or use tax, license fees, registration fees,
and other official fees, plus any incidental damages to which the
buyer is entitled under Section 1794, including, but not limited to,
reasonable repair, towing, and rental car costs actually incurred by
the buyer.
(C) When the manufacturer replaces the new motor vehicle pursuant
to subparagraph (A), the buyer shall only be liable to pay the
manufacturer an amount directly attributable to use by the buyer of
the replaced vehicle prior to the time the buyer first delivered the
vehicle to the manufacturer or distributor, or its authorized service
and repair facility for correction of the problem that gave rise to
the nonconformity. When restitution is made pursuant to subparagraph
(B), the amount to be paid by the manufacturer to the buyer may be
reduced by the manufacturer by that amount directly attributable to
use by the buyer prior to the time the buyer first delivered the
vehicle to the manufacturer or distributor, or its authorized service
and repair facility for correction of the problem that gave rise to
the nonconformity. The amount directly attributable to use by the
buyer shall be determined by multiplying the actual price of the new
motor vehicle paid or payable by the buyer, including any charges for
transportation and manufacturer-installed options, by a fraction
having as its denominator 120,000 and having as its numerator the
number of miles traveled by the new motor vehicle prior to the time
the buyer first delivered the vehicle to the manufacturer or
distributor, or its authorized service and repair facility for
correction of the problem that gave rise to the nonconformity.
Nothing in this paragraph shall in any way limit the rights or
remedies available to the buyer under any other law.
(D) Pursuant to Section 1795.4, a buyer of a new motor vehicle
shall also include a lessee of a new motor vehicle.
(e) (1) If the goods cannot practicably be serviced or repaired by
the manufacturer or its representative to conform to the applicable
express warranties because of the method of installation or because
the goods have become so affixed to real property as to become a part
thereof, the manufacturer shall either replace and install the goods
or reimburse the buyer in an amount equal to the purchase price paid
by the buyer, including installation costs, less that amount
directly attributable to use by the buyer prior to the discovery of
the nonconformity.
(2) With respect to claims arising out of deficiencies in the
construction of a new residential dwelling, paragraph (1) shall not
apply to either of the following:
(A) A product that is not a manufactured product, as defined in
subdivision (g) of Section 896.
(B) A claim against a person or entity that is not the
manufacturer that originally made the express warranty for that
manufactured product.
SEC. 2. Section 1793.25 of the Civil Code is amended to read:
1793.25. (a) Notwithstanding Part 1 (commencing with Section
6001) of Division 2 of the Revenue and Taxation Code, the State Board
of Equalization shall reimburse the manufacturer of a new motor
vehicle for an amount equal to the sales tax or use tax which the
manufacturer pays to or for the buyer or lessee when providing a
replacement vehicle pursuant to subparagraph (A) of paragraph (2) of
subdivision (d) of Section 1793.2 or includes in making restitution
to the buyer or lessee pursuant to subparagraph (B) of paragraph (2)
of subdivision (d) of Section 1793.2, when the manufacturer provides
satisfactory proof that it has complied with subdivision (c) of
Section 1793.23, and satisfactory proof is provided for one of the
following:
(1) The retailer of the motor vehicle for which the manufacturer
is making restitution has reported and paid the sales tax on the
gross receipts from the sale of that motor vehicle.
(2) The buyer of the motor vehicle has paid the use tax on the
sales price for the storage, use, or other consumption of that motor
vehicle in this state.
(3) The lessee of the motor vehicle has paid the use tax on the
rentals payable from the lease of that motor vehicle.
(b) The State Board of Equalization may adopt rules and
regulations to carry out, facilitate compliance with, or prevent
circumvention or evasion of, this section.
(c) Nothing in this section shall in any way change the
application of the sales and use tax to the gross receipts, the
rentals payable, and the sales price from the sale, lease, and the
storage, use, or other consumption, in this state of tangible
personal property pursuant to Part 1 (commencing with Section 6001)
of Division 2 of the Revenue and Taxation Code.
(d) The manufacturer's claim for reimbursement and the State Board
of Equalization's approval or denial of the claim shall be subject
to the provisions of Article 1 (commencing with Section 6901) of
Chapter 7 of Part 1 of Division 2 of the Revenue and Taxation Code,
except Sections 6907 and 6908, insofar as those provisions are not
inconsistent with this section.
SEC. 3. Section 6055 of the Revenue and Taxation Code is amended
to read:
6055. (a) A retailer is relieved from liability for sales tax
that became due and payable, insofar as the measure of the tax is
represented by accounts that have been found to be worthless and
charged off for income tax purposes by the retailer or, if the
retailer is not required to file income tax returns, charged off in
accordance with generally accepted accounting principles. A retailer
that has previously paid the tax may, under rules and regulations
prescribed by the board, take as a deduction the amount found
worthless and charged off by the retailer. If these accounts are
thereafter in whole or in part collected by the retailer, the amount
collected shall be included in the first return filed after the
collection and the tax shall be paid with the return. For purposes of
this subdivision, the term "retailer" shall include any entity
affiliated with the retailer under Section 1504 of Title 26 of the
United States Code.
(b) (1) In the case of accounts held by a lender, a retailer or
lender who makes a proper election under paragraph (4) shall be
entitled to a deduction or refund of the tax that the retailer has
previously reported and paid if all of the following conditions are
met:
(A) No deduction was previously claimed or allowed on any portion
of the accounts.
(B) The accounts have been found worthless and written off by the
lender in accordance with the requirements of subdivision (a).
(C) The contract between the retailer and the lender contains an
irrevocable relinquishment of all rights to the account from the
retailer to the lender.
(D) The retailer remitted the tax on or after January 1, 2000.
(E) The party electing to claim the deduction or refund under
paragraph (4) files a claim in a manner prescribed by the board.
(2) If the retailer or the lender thereafter collects in whole or
in part any accounts, one of the following shall apply:
(A) If the retailer is entitled to the deduction or refund under
the election specified in paragraph (4), the retailer shall include
the amount collected in its first return filed after the collection
and pay tax on that amount with the return.
(B) If the lender is entitled to the deduction or refund under the
election specified in paragraph (4), the lender shall pay the tax to
the board in accordance with Section 6451.
(3) For purposes of this subdivision, the term "lender" means any
of the following:
(A) Any person who holds a retail account which that person
purchased directly from a retailer who reported the tax.
(B) Any person who holds a retail account pursuant to that person'
s contract directly with the retailer who reported the tax.
(C) Any person who is either an affiliated entity, under Section
1504 of Title 26 of the United States Code, of a person described in
subparagraph (A) or (B), or an assignee of a person described in
subparagraph (A) or (B).
(4) Prior to claiming any deduction or refund under this
subdivision, the retailer who reported the tax and the lender shall
prepare and retain an election, signed by both parties, designating
which party is entitled to claim the deduction or refund. This
election may not be amended or revoked unless a new election, signed
by both parties, is prepared and retained by the retailer and the
lender.
SEC. 4. Section 6203.5 of the Revenue and Taxation Code is amended
to read:
6203.5. (a) A retailer is relieved from liability to collect use
tax that became due and payable, insofar as the measure of the tax is
represented by accounts that have been found to be worthless and
charged off for income tax purposes by the retailer or, if the
retailer is not required to file income tax returns, charged off in
accordance with generally accepted accounting principles. A retailer
that has previously paid the amount of the tax may, under rules and
regulations prescribed by the board, take as a deduction the amount
found worthless and charged off by the retailer. If these accounts
are thereafter in whole or in part collected by the retailer, the
amount collected shall be included in the first return filed after
the collection and the amount of the tax shall be paid with the
return. For purposes of this subdivision, the term "retailer" shall
include any entity affiliated with the retailer under Section 1504 of
Title 26 of the United States Code.
(b) (1) In the case of accounts held by a lender, a retailer or
lender who makes a proper election under paragraph (4) shall be
entitled to a deduction or refund of the tax that the retailer has
previously reported and paid if all of the following conditions are
met:
(A) No deduction was previously claimed or allowed on any portion
of the accounts.
(B) The accounts have been found worthless and written off by the
lender in accordance with the requirements of subdivision (a).
(C) The contract between the retailer and the lender contains an
irrevocable relinquishment of all rights to the account from the
retailer to the lender.
(D) The retailer remitted the tax on or after January 1, 2000.
(E) The party electing to claim the deduction or refund under
paragraph (4) files a claim in a manner prescribed by the board.
(2) If the retailer or the lender thereafter collects in whole or
in part any accounts, one of the following shall apply:
(A) If the retailer is entitled to the deduction or refund under
the election specified in paragraph (4), the retailer shall include
the amount collected in its first return filed after the collection
and pay tax on that amount with the return.
(B) If the lender is entitled to the deduction or refund under the
election specified in paragraph (4), the lender shall pay the tax to
the board in accordance with Section 6451.
(3) For purposes of this subdivision, the term "lender" means any
of the following:
(A) Any person who holds a retail account which that person
purchased directly from a retailer who reported the tax.
(B) Any person who holds a retail account pursuant to that person'
s contract directly with the retailer who reported the tax.
(C) Any person who is either an affiliated entity, under Section
1504 of Title 26 of the United States Code, of a person described in
subparagraph (A) or (B), or an assignee of a person described in
subparagraph (A) or (B).
(4) Prior to claiming any deduction or refund under this
subdivision, the retailer who reported the tax and the lender shall
prepare and retain an election, signed by both parties, designating
which party is entitled to claim the deduction or refund. This
election may not be amended or revoked unless a new election, signed
by both parties, is prepared and retained by the retailer and the
lender.
SEC. 5. Section 6248 of the Revenue and Taxation Code is amended
to read:
6248. (a) There shall be a rebuttable presumption that any
vehicle, vessel, or aircraft bought outside of this state on or after
the effective date of this section, and which is brought into
California within 12 months from the date of its purchase, was
acquired for storage, use, or other consumption in this state and is
subject to use tax if any of the following occurs:
(1) The vehicle, vessel, or aircraft was purchased by a California
resident as defined in Section 516 of the Vehicle Code. For purposes
of this section, a closely held corporation or limited liability
company shall also be considered a California resident if 50 percent
or more of the shares or membership interests are held by
shareholders or members who are residents of California as defined in
Section 516 of the Vehicle Code.
(2) In the case of a vehicle, the vehicle was subject to
registration under Chapter 1 (commencing with Section 4000) of
Division 3 of the Vehicle Code during the first 12 months of
ownership.
(3) In the case of a vessel or aircraft, that vessel or aircraft
was subject to property tax in this state during the first 12 months
of ownership.
(4) If purchased by a nonresident of California, the vehicle,
vessel, or aircraft is used or stored in this state more than
one-half of the time during the first 12 months of ownership.
(b) This presumption may be controverted by documentary evidence
that the vehicle, vessel, or aircraft was purchased for use outside
of this state during the first 12 months of ownership. This evidence
may include, but is not limited to, evidence of registration of that
vehicle, vessel, or aircraft, with the proper authority, outside of
this state.
(c) This section shall not apply to any vehicle, vessel, or
aircraft used in interstate or foreign commerce pursuant to
regulations prescribed by the board.
(d) The amendments made to this section by the act adding this
subdivision shall not apply to any vehicle, vessel, or aircraft that
is either purchased, or is the subject of a binding purchase contract
that is entered into, on or before the operative date of this
subdivision.
(e) Notwithstanding subdivision (a), any aircraft or vessel
brought into this state exclusively for the purpose of repair,
retrofit, or modification shall not be deemed to be acquired for
storage, use, or other consumption in this state if the repair,
retrofit, or modification is, in the case of a vessel, performed by a
repair facility that holds an appropriate permit issued by the board
and is licensed to do business by the city, county, or city and
county in which it is located if the city, county, or city and county
so requires, or, in the case of an aircraft, performed by a repair
station certified by the Federal Aviation Administration or a
manufacturer's maintenance facility.
(f) The presumption set forth in subdivision (a) may be
controverted by documentary evidence that the vehicle was brought
into this state for the exclusive purpose of warranty or repair
service and was used or stored in this state for that purpose for 30
days or less. The 30-day period begins when the vehicle enters this
state, includes any time of travel to and from the warranty or repair
facility, and ends when the vehicle is returned to a point outside
the state. The documentary evidence shall include a work order
stating the dates that the vehicle is in the possession of the
warranty or repair facility and a statement by the owner of the
vehicle specifying dates of travel to and from the warranty or repair
facility.
SEC. 6. Section 7096 of the Revenue and Taxation Code is amended
to read:
7096. (a) A taxpayer may file a claim with the board for
reimbursement of bank charges and any other reasonable third-party
check charge fees incurred by the taxpayer as the direct result of an
erroneous levy or notice to withhold, erroneous processing action,
or erroneous collection action by the board. Bank and third-party
charges include a financial institution's or third party's customary
charge for complying with the levy or notice to withhold instructions
and reasonable charges for overdrafts that are a direct consequence
of the erroneous levy or notice to withhold, erroneous processing
action, or erroneous collection action. The charges are those paid by
the taxpayer and not waived or reimbursed by the financial
institution or third party. Each claimant applying for reimbursement
shall file a claim with the board that shall be in the form as may be
prescribed by the board. In order for the board to grant a claim,
the board shall determine that both of the following conditions have
been satisfied:
(1) The erroneous levy or notice to withhold, erroneous processing
action, or erroneous collection action was caused by board error.
(2) Prior to the erroneous levy or notice to withhold, erroneous
processing action, or erroneous collection action, the taxpayer
responded to all contacts by the board and provided the board with
any requested information or documentation sufficient to establish
the taxpayer's position. This provision may be waived by the board
for reasonable cause.
(b) Claims pursuant to this section shall be filed within 90 days
from the date of the erroneous levy or notice to withhold, erroneous
processing action, or erroneous collection action. Within 30 days
from the date the claim is received, the board shall respond to the
claim. If the board denies the claim, the taxpayer shall be notified
in writing of the reason or reasons for the denial of the claim.
SEC. 7. Section 7101 of the Revenue and
Taxation Code is amended to read:
7101. All fees, taxes, interest, and penalties imposed and all
amounts of tax required to be paid to the state under this part
, and restitution orders or any other amo unts otherwise
authorized by law to be collected by the board, or any other amounts
imposed by a court of competent jurisdiction to be paid to the board
shall, except as provided in Section 6452.1, be paid to the
board in the form of remittances payable to the State Board of
Equalization of the State of California. The board shall transmit the
payments to the Treasurer to be deposited in the State Treasury to
the credit of the Retail Sales Tax Fund.
SEC. 7. SEC. 8. Section 7157 is
added to the Revenue and Taxation Code, to read:
7157. (a) (1) Restitution orders or any other amounts imposed by
a court of competent jurisdiction for criminal offenses upon a person
or any other entity that are due and payable to the board may be
collected by the board in any manner provided by law for collection
of a delinquent sales and use tax liability, including, but not
limited to, issuance of an order and levy under Article 4 (commencing
with Section 706.070) of Chapter 5 of Division 2 of Title 9 of Part
2 of the Code of Civil Procedure in the manner provided for earnings
withholding orders for taxes.
(2) Amounts imposed by a court of competent jurisdiction as an
order of restitution for criminal offenses shall be treated as final
and due and payable to the State of California on the date that
amount is established on the records of the board.
(b) Part 1 (commencing with Section 6001), Part 1.5 (commencing
with Section 7200), Part 1.6 (commencing with Section 7251), and Part
1.7 (commencing with Section 7285) shall apply to amounts collected
under this section in the same manner and with the same force and
effect and to the full extent as if the language of those laws had
been incorporated in full into this section, except to the extent
that any provision is either inconsistent with this section or is not
relevant to this section.
(c) Notwithstanding Chapter 7 (commencing with Section 6901), no
refund or credit may be allowed for any amounts paid or payments
applied under this section.
(d) Amounts authorized to be collected pursuant to this section
may accrue interest at the greater of the rate applicable to the
amounts being collected or the rate provided under Section 6591.5
from and after the date the amounts are established on the records of
the board.
(e) Amounts authorized to be collected pursuant to this section
are not subject to any statute of limitations set forth in Chapter 6
(commencing with Section 6701).
(f) Notwithstanding Section 6738 or Chapter 14 (commencing with
Section 7150) of Division 7 of Title 1 of the Government Code, any
portion of the amounts authorized to be collected under this section
that remain unsatisfied may be collected by the recording of a notice
of state tax lien. The board may record or extend a recorded notice
of state tax lien at any time until the amount due, including any
accrued interest, is paid in full.
(g) This section shall apply on and after January 1, 2012, to
amounts authorized to be collected pursuant to this section that are
due and payable to the board before, on, or after January 1, 2012.
SEC. 9. Section 8351 of the Revenue and
Taxation Code is amended to read:
8351. The Controller shall transmit all money received by him or
her in payment of taxes, interest, and penalties due under this part
, and restitution orders or any other amounts otherwise
authorized by law to be collected by the Controller, or any other
amounts imposed by a court of competent jurisdiction to be pa
id to the Controller to the State Treasurer who shall
deposit it in the State Treasury and credit it to the Motor Vehicle
Fuel Fund, which is continued in existence as the Motor Vehicle Fuel
Account in the Transportation Tax Fund, which fund is hereby created.
All fees paid and accepted for issuance or reinstatement of licenses
under this part shall be deposited by the board in the State
Treasury to the credit of the same account.
Any reference in any law or regulation to the Motor Vehicle Fuel
Fund shall be deemed to refer to the Motor Vehicle Fuel Account in
the Transportation Tax Fund.
SEC. 8. SEC. 10. Section 8407 is
added to the Revenue and Taxation Code, to read:
8407. (a) (1) Restitution orders or any other amounts imposed by
a court of competent jurisdiction for criminal offenses upon a person
or any other entity that are due to the State of California
and payable to the board Controller
may be collected by the Controller in any manner provided by
law for collection of a delinquent motor vehicle fuel tax liability,
including, but not limited to, issuance of an order and levy under
Article 4 (commencing with Section 706.070) of Chapter 5 of Division
2 of Title 9 of Part 2 of the Code of Civil Procedure in the manner
provided for earnings withholding orders for taxes.
(2) Amounts imposed by a court of competent jurisdiction as an
order of restitution for criminal offenses shall be treated as final
and due and payable to the State of California on the date that
amount is established on the records of the board.
(b) This part shall apply to amounts collected under this section
in the same manner and with the same force and effect and to the full
extent as if the language of those laws had been incorporated in
full into this section, except to the extent that any provision is
either inconsistent with this section or is not relevant to this
section.
(c) Notwithstanding Chapter 7 (commencing with Section 8101), no
refund or credit may be allowed for any amounts paid or payments
applied under this section.
(d) Amounts authorized to be collected pursuant to this section
may accrue interest at the greater of the rate applicable to the
amounts being collected or the rate provided under Section 6591.5
from and after the date the amounts are established on the records of
the board.
(e) Amounts authorized to be collected pursuant to this section
are not subject to any statute of limitations set forth in Chapter 6
(commencing with Section 7851).
(f) Notwithstanding Section 7872 or Chapter 14 (commencing with
Section 7150) of Division 7 of Title 1 of the Government Code, any
portion of the amounts authorized to be collected under this section
that remain unsatisfied may be collected by the recording of a notice
of state tax lien. The board Controller
may record or extend a recorded notice of state tax lien at any
time until the amount due, including any accrued interest, is paid
in full.
(g) This section shall apply on and after January 1, 2012, to
amounts authorized to be collected pursuant to this section that are
due to the State of California and payable to the
board Controller before, on, or after January
1, 2012.
SEC. 9. SEC. 11. Section 30474 of
the Revenue and Taxation Code is amended to read:
30474. (a) Any person who knowingly possesses, or keeps, stores,
or retains for the purpose of sale, or sells or offers to sell, any
package of cigarettes to which there is not affixed the stamp or
meter impression required to be affixed under this part, when those
cigarettes have been obtained from any source whatever, is guilty of
a misdemeanor and shall for each offense be fined an amount not to
exceed twenty-five thousand dollars ($25,000), or be imprisoned for a
period not to exceed one year in the county jail, or, at the
discretion of the court, be subject to both fine and imprisonment in
the county jail.
(b) In addition to the fine or sentence, or both, each person
convicted under this section shall pay one hundred dollars ($100) for
each carton of 200 cigarettes, or portion thereof, if that person
knowingly possessed, or kept, stored, or retained for the purpose of
sale, or sold or offered for sale in violation of this section, as
determined by the court. The court shall direct that 50 percent of
the penalty assessed be transmitted to the local prosecuting
jurisdiction, to be allocated for costs of prosecution, and 50
percent of the penalty assessed be transmitted to the board. The
board may collect the penalty due pursuant to this section in the
manner prescribed in Section 30483.
(c) This section does not apply to a licensed distributor that
possesses, keeps, stores, or retains cigarettes before the necessary
stamp or meter impression is affixed.
SEC. 10. SEC. 12. Section 30483 is
added to the Revenue and Taxation Code, to read:
30483. (a) (1) Restitution orders or any other amounts imposed by
a court of competent jurisdiction for criminal offenses upon a
person or any other entity that are due and payable to the board may
be collected by the board in any manner provided by law for
collection of a delinquent cigarette and tobacco products tax
liability, including, but not limited to, issuance of an order and
levy under Article 4 (commencing with Section 706.070) of Chapter 5
of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure in
the manner provided for earnings withholding orders for taxes.
(2) Amounts imposed by a court of competent jurisdiction as an
order of restitution for criminal offenses shall be treated as final
and due and payable to the State of California on the date that
amount is established on the records of the board.
(b) This part shall apply to amounts collected under this section
in the same manner and with the same force and effect and to the full
extent as if the language of those laws had been incorporated in
full into this section, except to the extent that any provision is
either inconsistent with this section or is not relevant to this
section.
(c) Notwithstanding Chapter 6 (commencing with Section 30361), no
refund or credit may be allowed for any amounts paid or payments
applied under this section.
(d) Amounts authorized to be collected pursuant to this section
may accrue interest at the greater of the rate applicable to the
amounts being collected or the rate provided under Section 6591.5
from and after the date the amounts are established on the records of
the board.
(e) Amounts authorized to be collected pursuant to this section
are not subject to any statute of limitations set forth in Chapter 5
(commencing with Section 30301).
(f) Notwithstanding Chapter 14 (commencing with Section 7150) of
Division 7 of Title 1 of the Government Code, any portion of the
amounts authorized to be collected under this section that remain
unsatisfied may be collected by the recording of a notice of state
tax lien. The board may record or extend a recorded notice of state
tax lien at any time until the amount due, including any accrued
interest, is paid in full.
(g) This section shall apply on and after January 1, 2012, to
amounts authorized to be collected pursuant to this section that are
due and payable to the board before, on, or after January 1, 2012.
SEC. 11. SEC. 13. Section 60709 is
added to the Revenue and Taxation Code, to read:
60709. (a) (1) Restitution orders or any other amounts imposed by
a court of competent jurisdiction for criminal offenses upon a
person or any other entity that are due and payable to the board may
be collected by the board in any manner provided by law for
collection of a delinquent diesel fuel tax liability, including, but
not limited to, issuance of an order and levy under Article 4
(commencing with Section 706.070) of Chapter 5 of Division 2 of Title
9 of Part 2 of the Code of Civil Procedure in the manner provided
for earnings withholding orders for taxes.
(2) Amounts imposed by a court of competent jurisdiction as an
order of restitution for criminal offenses shall be treated as final
and due and payable to the State of California on the date that
amount is established on the records of the board.
(b) Part 31 (commencing with Section 60001) shall apply to amounts
collected under this section in the same manner and with the same
force and effect and to the full extent as if the language of those
laws had been incorporated in full into this section, except to the
extent that any provision is either inconsistent with this section or
is not relevant to this section.
(c) Notwithstanding Chapter 8 (commencing with Section 60501), no
refund or credit may be allowed for any amounts paid or payments
applied under this section.
(d) Amounts authorized to be collected pursuant to this section
may accrue interest at the greater of the rate applicable to the
amounts being collected or the rate provided under Section 6591.5
from and after the date the amounts are established on the records of
the board.
(e) Amounts authorized to be collected pursuant to this section
are not subject to any statute of limitations set forth in Chapter 7
(commencing with Section 60401).
(f) Notwithstanding Sections 60441 to 60445, inclusive, or Chapter
14 (commencing with Section 7150) of Division 7 of Title 1 of the
Government Code, any portion of the amounts authorized to be
collected under this section that remain unsatisfied may be collected
by the recording of a notice of state tax lien. The board may record
or extend a recorded notice of state tax lien at any time until the
amount due, including any accrued interest, is paid in full.
(g) This section shall apply on and after January 1, 2012, to
amounts authorized to be collected pursuant to this section that are
due and payable to the board before, on, or after January 1, 2012.
SEC. 12. SEC. 14. Sections 1 and 2
of this act are declaratory of existing law.
SEC. 13. SEC. 15. Notwithstanding
Section 2230 of the Revenue and Taxation Code, no appropriation is
made by this act and the state shall not reimburse any local agency
for any sales and use tax revenues lost by it under this act.