AB 443, as amended, 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.begin delete 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.end delete
(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 orbegin insert the registration isend insert 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.begin insert The bill would also prohibit the department from transferring the ownership and registration of a vehicle to a relative, as specified, or to a revocable trust, as specified, if delinquent parking or toll violations have been reported to the department, unless the transferee pays the amount of the fines and penalties for those violations to the department, or provides specified documentation showing the fines and penalties have been cleared.end insert
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 12419.10 of the Government Code is
2amended to read:
(a) The Controller shall, to the extent feasible, offset
4any amount overdue and unpaid for a fine, penalty, assessment,
5bail, vehicle parking penalty, or court-ordered reimbursement for
6court-related services, from a person or entity, against any amount
7owing the person or entity by a state agency on a claim for a refund
8from the Franchise Tax Board under the Personal Income Tax Law
9or the Bank and Corporation Tax Law, from winnings in the
10California State Lottery, or a cash payment of a claim for
11unclaimed property held by the state. Standards and procedures
12for submission of requests for offsets shall be as prescribed by the
13Controller. Whenever insufficient funds are available to satisfy an
14offset request, the Controller, after first applying the amounts
P3 1available to any amount due a state agency, may allocate the
2balance
among any other requests for offset.
3(b) Once an offset request for a vehicle parking penalty is made,
4a local agency may not accrue additional interest charges,
5collection charges, penalties, or other charges on or after the date
6that the offset request is made. Payment of an offset request for a
7vehicle parking penalty shall be made on the condition that it
8constitutes full and final payment of that offset.
9(b)
end delete
10begin insert(c)end insert The Controller shall deduct and retain from any amount
11offset in
favor of a city or county an amount sufficient to reimburse
12the Controller, the Franchise Tax Board, the California State
13Lottery, and the Department of Motor Vehicles for their
14administrative costs of processing the offset payment.
15(c)
end delete
16begin insert(d)end insert Notwithstanding Chapter 3.5 (commencing with Section
176250) of Division 7 of Title 1, or any other provision of law, the
18social security number of any person obtained pursuant to Section
194150, 4150.2, or 12800 of the Vehicle Code is not a public record
20and shall only be provided by the Department of Motor Vehicles
21to an authorized agency for the sole purpose of making an offset
22pursuant to this section for any unpaid vehicle parking
penalty or
23any unpaid fine, penalty, assessment, or bail of which the
24Department of Motor Vehicles has been notified pursuant to
25subdivision (a) of Section 40509 of the Vehicle Code or Section
261803 of the Vehicle Code, responding to information requests from
27the Franchise Tax Board for the purpose of tax administration, and
28responding to requests for information from an agency, operating
29pursuant to and carrying out the provisions of, Part A (Block Grants
30to States for Temporary Assistance for Needy Families), or Part
31D (Child Support and Establishment of Paternity) of Subchapter
32IV of Chapter 7 of Title 42 of the United States Code. As used in
33this section, “authorized agency” means the Controller, the
34Franchise Tax Board, or the California Lottery Commission.
Section 4764 of the Vehicle Code is amended to read:
begin insert(a)end insertbegin insert end insertIf a vehicle isbegin delete transferred, except if the transfer is
37one described in Section 6285 of the Revenue and Taxation Code,end delete
38begin insert transferredend insert orbegin insert the registration isend insert not renewed for two renewal
39periods and the former registered owner or lessee of the vehicle
40owes a parking penalty for a notice of delinquent parking violation
P4 1filed with the department pursuant to Section 40220, the department
2shall
notify each jurisdiction of that fact and is not required
3thereafter to attempt collection of the undeposited parking penalty
4and administrative fees.
5(b) This section does not apply if the transfer of a vehicle is one
6described in Section 6285 of the Revenue and Taxation Code.
begin insertSection 4767 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to read:end insert
begin insert(a) If delinquent parking or toll violations have been
9reported to the department for a vehicle for which a transfer of
10ownership and registration has been requested, the department
11shall not transfer ownership and registration unless the transferee
12requesting the transfer pays all of the fines and penalties for those
13violations to the department, or provides an original abstract or
14notice of disposition from the court or designated processing
15agency that the fines and penalties for those violations have been
16cleared with the parking agency or the court.
17(b) This section only applies if the transfer requested is one
18described in Section 6285 of the Revenue and Taxation Code.
Section 4774 of the Vehicle Code is amended to read:
begin insert(a)end insertbegin insert end insertIf a vehicle isbegin delete transferred, except if the transfer is
22one described in Section 6285 of the Revenue and Taxation Code,end delete
23begin insert transferredend insert orbegin insert the registration isend insert not renewed for two renewal
24periods and the former registered owner or lessee of the vehicle
25owes a toll evasion penalty for a notice of delinquent toll evasion
26violation filed with the department pursuant to Section 40267, the
27
department shall notify each jurisdiction of that fact and is not
28required thereafter to attempt collection of the undeposited toll
29evasion penalty and administrative fees.
30(b) This section does not apply if the transfer of a vehicle is one
31described in Section 6285 of the Revenue and Taxation Code.
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