BILL NUMBER: AB 443	INTRODUCED
	BILL TEXT


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:

  SECTION 1.  Section 12419.10 of the Government Code is amended to
read:
   12419.10.  (a)  (1)    The
Controller shall, to the extent feasible, 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, from winnings in the California State Lottery,
or a cash payment of a claim for unclaimed property held by the
state. Standards and procedures for submission of requests for
offsets shall be as prescribed by the Controller. Whenever
insufficient funds are available to satisfy an offset request, the
Controller, after first applying the amounts available to any amount
due a state agency, may allocate the balance among any other requests
for offset. 
   (2) Any request for an offset for a vehicle parking penalty shall
be submitted within three years of the date the penalty was incurred.
This three year maximum term for refund offsets for parking tickets
applies to requests submitted to the Controller on or after January
1, 2004.  
   (b) Once an offset request for a vehicle parking penalty is made,
a local agency may not accrue additional interest charges, collection
charges, penalties, or other charges on or after the date that the
offset request is made. Payment of an offset request for a vehicle
parking penalty shall be made on the condition that it constitutes
full and final payment of that offset.  
   (c) 
    (   b)  The Controller shall deduct and retain
from any amount offset in favor of a city or county an amount
sufficient to reimburse the Controller, the Franchise Tax Board, the
California State Lottery, and the Department of Motor Vehicles for
their administrative costs of processing the offset payment. 

   (d) 
    (c)  Notwithstanding Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1, or any other provision of
law, the social security number of any person obtained pursuant to
Section 4150, 4150.2, or 12800 of the Vehicle Code is not a public
record and shall only be provided by the Department of Motor Vehicles
to an authorized agency for the sole purpose of making an offset
pursuant to this section for any unpaid vehicle parking penalty or
any unpaid fine, penalty, assessment, or bail of which the Department
of Motor Vehicles has been notified pursuant to subdivision (a) of
Section 40509 of the Vehicle Code or Section 1803 of the Vehicle
Code, responding to information requests from the Franchise Tax Board
for the purpose of tax administration, and responding to requests
for information from an agency, operating pursuant to and carrying
out the provisions of, Part A  (Aid to Families with
Dependent Children)   (Block Grants to States for
Temporary Assistance for Needy Families)  , or Part D (Child
Support and Establishment of Paternity) of Subchapter IV of Chapter 7
of Title 42 of the United States Code. As used in this section,
"authorized agency" means the Controller, the Franchise Tax Board, or
the California Lottery Commission.
  SEC. 2.  Section 4764 of the Vehicle Code is amended to read:
   4764.   Whenever   If  a vehicle is
 transferred   transferred, except if the
transfer is one described in Section 6285 of the Revenue and Taxation
Code,  or not renewed for two renewal periods and the former
registered owner or lessee of the vehicle owes a parking penalty for
a notice of delinquent parking violation filed with the department
pursuant to Section 40220, the department shall notify each
jurisdiction of that fact and is not required thereafter to attempt
collection of the undeposited parking penalty and administrative
fees.
  SEC. 3.  Section 4774 of the Vehicle Code is amended to read:
   4774.   Whenever   If  a vehicle is
 transferred   transferred, except if the
transfer is one described in Section 6285 of the Revenue and Taxation
Code,  or not renewed for two renewal periods and the former
registered owner or lessee of the vehicle owes a toll evasion penalty
for a notice of delinquent toll evasion violation filed with the
department pursuant to Section 40267, the department shall notify
each jurisdiction of that fact and is not required thereafter to
attempt collection of the undeposited toll evasion penalty and
administrative fees.