California Legislature—2013–14 Regular Session

Assembly BillNo. 443


Introduced by Assembly Member Lowenthal

February 19, 2013


An act to amend Section 12419.10 of the Government Code, and Sections 4764 and 4774 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 443, as introduced, Lowenthal. Vehicles: delinquent parking and traffic violations.

(1) Existing law requires the Controller, to the extent feasible, to offset any amount overdue and unpaid for a fine, penalty, assessment, bail, vehicle parking penalty, or court-ordered reimbursement for court-related services, from a person or entity, against any amount owing the person or entity by a state agency on a claim for a refund from the Franchise Tax Board under the Personal Income Tax Law or the Bank and Corporation Tax Law, or from winnings in the California State Lottery. Existing law requires a request for an offset to be submitted within 3 years of the date the penalty was incurred, and prohibits a local agency, once an offset request is made, from accruing additional specified charges. Existing law requires the payment of an offset request to be conditioned as constituting full and final payment of that offset.

This bill would delete the requirement that an offset request is required to be submitted within 3 years of the date the penalty was incurred. This bill would delete the prohibition imposed upon a local agency with regard to the accrual of additional charges and the condition for the payment of an offset request.

(2) Existing law generally prohibits the Department of Motor Vehicles (DMV) from registering a vehicle if the registered owner or lessee has failed to pay outstanding parking or toll evasion penalties unless the registered owner or lessee pays the penalties at the time of the application for renewal. Under existing law, the DMV is not required to continue to attempt collection of outstanding parking or toll evasion penalties if a vehicle is transferred or not renewed for 2 renewal periods and the DMV has notified each local jurisdiction that is owed penalties of that fact.

This bill would not excuse the DMV from continuing to attempt collection of outstanding parking or toll evasion penalties if the vehicle was sold to a relative, as specified, or to a revocable trust, as specified.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 12419.10 of the Government Code is
2amended to read:

3

12419.10.  

(a) begin delete(1)end deletebegin deleteend deleteThe Controller shall, to the extent feasible,
4offset any amount overdue and unpaid for a fine, penalty,
5assessment, bail, vehicle parking penalty, or court-ordered
6reimbursement for court-related services, from a person or entity,
7against any amount owing the person or entity by a state agency
8on a claim for a refund from the Franchise Tax Board under the
9Personal Income Tax Law or the Bank and Corporation Tax Law,
10from winnings in the California State Lottery, or a cash payment
11of a claim for unclaimed property held by the state. Standards and
12procedures for submission of requests for offsets shall be as
13prescribed by the Controller. Whenever insufficient funds are
14available to satisfy an offset request, the Controller, after first
15applying the amounts available to any amount due a state agency,
16may allocate the balance among any other requests for offset.

begin delete

17(2) Any request for an offset for a vehicle parking penalty shall
18be submitted within three years of the date the penalty was
19incurred. This three year maximum term for refund offsets for
20parking tickets applies to requests submitted to the Controller on
21or after January 1, 2004.

22(b) Once an offset request for a vehicle parking penalty is made,
23a local agency may not accrue additional interest charges, collection
P3    1charges, penalties, or other charges on or after the date that the
2offset request is made. Payment of an offset request for a vehicle
3parking penalty shall be made on the condition that it constitutes
4full and final payment of that offset.

5(c)

end delete

6begin insert(end insertbegin insertb)end insert The Controller shall deduct and retain from any amount
7offset in favor of a city or county an amount sufficient to reimburse
8the Controller, the Franchise Tax Board, the California State
9Lottery, and the Department of Motor Vehicles for their
10administrative costs of processing the offset payment.

begin delete

11(d)

end delete

12begin insert(c)end insert Notwithstanding Chapter 3.5 (commencing with Section
136250) of Division 7 of Title 1, or any other provision of law, the
14social security number of any person obtained pursuant to Section
154150, 4150.2, or 12800 of the Vehicle Code is not a public record
16and shall only be provided by the Department of Motor Vehicles
17to an authorized agency for the sole purpose of making an offset
18pursuant to this section for any unpaid vehicle parking penalty or
19any unpaid fine, penalty, assessment, or bail of which the
20Department of Motor Vehicles has been notified pursuant to
21subdivision (a) of Section 40509 of the Vehicle Code or Section
221803 of the Vehicle Code, responding to information requests from
23the Franchise Tax Board for the purpose of tax administration, and
24responding to requests for information from an agency, operating
25pursuant to and carrying out the provisions of, Part A begin delete (Aid to
26Families with Dependent Children)end delete
begin insert (Block Grants to States for
27Temporary Assistance for Needy Families)end insert
, or Part D (Child
28Support and Establishment of Paternity) of Subchapter IV of
29Chapter 7 of Title 42 of the United States Code. As used in this
30section, “authorized agency” means the Controller, the Franchise
31Tax Board, or the California Lottery Commission.

32

SEC. 2.  

Section 4764 of the Vehicle Code is amended to read:

33

4764.  

begin deleteWhenever end deletebegin insertIf end inserta vehicle isbegin delete transferredend deletebegin insert transferred, except
34if the transfer is one described in Section 6285 of the Revenue and
35Taxation Code,end insert
or not renewed for two renewal periods and the
36former registered owner or lessee of the vehicle owes a parking
37penalty for a notice of delinquent parking violation filed with the
38department pursuant to Section 40220, the department shall notify
39each jurisdiction of that fact and is not required thereafter to
P4    1attempt collection of the undeposited parking penalty and
2administrative fees.

3

SEC. 3.  

Section 4774 of the Vehicle Code is amended to read:

4

4774.  

begin deleteWhenever end deletebegin insertIf end inserta vehicle isbegin delete transferredend deletebegin insert transferred, except
5if the transfer is one described in Section 6285 of the Revenue and
6Taxation Code,end insert
or not renewed for two renewal periods and the
7former registered owner or lessee of the vehicle owes a toll evasion
8penalty for a notice of delinquent toll evasion violation filed with
9the department pursuant to Section 40267, the department shall
10notify each jurisdiction of that fact and is not required thereafter
11to attempt collection of the undeposited toll evasion penalty and
12administrative fees.



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