BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1324
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          Date of Hearing:   April 15, 2013

                        ASSEMBLY COMMITTEE ON TRANSPORTATION
                               Bonnie Lowenthal, Chair
                   AB 1324 (Skinner) - As Amended:  March 21, 2013
           
          SUBJECT  :  Vehicle registration fees: vehicle theft crimes  
          Alameda County

           SUMMARY  :  Authorizes Alameda County Board of Supervisors  
          (Alameda County) to increase the tax on vehicle registrations  
          for the prevention of vehicle theft crimes.  Specifically,  this  
          bill  :  

          1)Authorizes Alameda County, upon adoption of a resolution, to  
            increase the tax on the registration of motor vehicles from $1  
            to $2, and its commercial vehicle service tax from $2 to $4.  

          2)Requires that the resolution approved by Alameda County be  
            submitted to the Department of Motor Vehicles (DMV) at least  
            six months prior to the operative date of the tax increase.  

          3)Sunsets the provisions on January 1, 2018.   

           EXISTING LAW  :

          1)Authorizes, until January 1, 2018, the Counties of Los  
            Angeles, San Bernardino, and San Diego, to increase the motor  
            vehicle tax from $1 to $2, and would provide that the service  
            tax on commercial motor vehicles to increase from $2 to $4,  
            upon adoption of a resolution of its board of supervisors.   
            Requires the resolution to be submitted to DMV at least six  
            months prior to the operative date of the tax increase.  

          2)Authorizes, until January 1, 2018, counties to adopt an annual  
            $1 vehicle registration service fee for passenger vehicles and  
            an annual $2 vehicle registration service fee for commercial  
            vehicles where that fee is used exclusively to fund programs  
            that enhance the capacity of local police and prosecutors to  
            deter, investigate, and prosecute vehicle theft crimes.  

          3)Requires counties that adopt these service tax or fees  
            (depending if the tax or fee were approved subsequent to the  
            passage of Proposition 26 in November 2010) to report the  
            expenditures for salaries and expenses, purchase of equipment  








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            and supplies, and any other expenditure listed by type, with  
            an explanatory comment.  

          4)Requires a vehicle registration fee of $46 to be paid for the  
            registration of every motor vehicle, except those expressly  
            exempt.  

          5)Authorizes a variety of additional fees that are related to  
            the operation of motor vehicles to be paid with the  
            registration, most particularly to address certain air quality  
            and law enforcement issues.  These fees support, among other  
            things, service authorities for freeway emergencies,  
            California Highway Patrol (CHP) staffing, and fingerprint  
            identification programs.  

          6)Requires revenues collected for vehicle crime prevention be  
            expended exclusively to fund programs that enhance the  
            capacity of local police and prosecutors to deter,  
            investigate, and prosecute vehicle theft crimes.  However, in  
            any county with a population of 250,000 or less, the money  
            must be expended exclusively for those vehicle theft crime  
            programs and for the prosecution of crimes involving driving  
            while under the influence of alcohol or drugs, or both, or  
            vehicular manslaughter, or any combination of those crimes.  

           FISCAL EFFECT  :  Unknown  
           
           COMMENTS  :  Existing law establishes a basic vehicle registration  
          fee of $46, plus an additional $23 fee for additional personnel  
          for the CHP, for the new or renewal registration of most  
          vehicles or trailer coaches.  Existing law also authorizes local  
          agencies to impose separate vehicle registration fees in their  
          respective jurisdictions for a variety of special programs, such  
          as abating abandoned vehicles and deterring, investigating, and  
          prosecuting vehicle theft.  

          The vehicle theft program may be established in counties if  
          approved through a resolution by a county board of supervisors  
          that imposes a $1 fee on every new or renewal vehicle  
          registration, plus another $2 on commercial vehicles.  Smaller  
          counties adopting vehicle theft programs (those with a  
          population of less than 250,000) may also use the resulting  
          funds to prosecute specified driving under the influence and  
          vehicular manslaughter crimes.  Each quarter, participating  
          counties must submit to CHP a report on the expenditures and  








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          activities as well as submitting a fiscal year end report to the  
          California State Controller.  

          Separately, the Counties of Los Angeles, San Bernardino, and San  
          Diego are authorized to increase the motor vehicle tax from $1  
          to $2, and the service tax on commercial motor vehicles from $2  
          to $4, upon adoption of a resolution of its board of  
          supervisors.  

          This bill would provide Alameda County with the same  
          authorization currently extended to the Counties of Los Angeles,  
          San Bernardino, and San Diego, to increase the tax on motor  
          vehicle registrations from $1 to $2, and the service tax on  
          commercial motor vehicles from $2 to $4.  The bill sunsets these  
          provisions on January 1, 2018, that correlates to the sunset  
          date established for the authorization for the other three  
          counties.  

          The author indicates that Alameda County faces an urgent need to  
          address car theft citing, "From 2011 to 2012, 12,622 cars were  
          reported stolen in the county, a 17% increase from 2011.  This  
          rate was higher than the 11% increase in car theft rates seen  
          statewide.  Increases were reported by almost every citywide  
          police department in Alameda County, as well as by the Alameda  
          County Sherriff's Office, BART Police, and CHP offices in the  
          county."  The author contends that the bill would provide  
          Alameda County with much-needed funds to prevent and combat the  
          growing problem of vehicle theft.  

          This bill deals with the complicated issue of "fees" versus  
          "taxes" and the vote requirements for each, as prescribed by  
          Proposition 26, enacted in November 2010.  Proposition 26  
          requires that any "change in statute which results in a taxpayer  
          paying a higher tax must be imposed by an act passed by not less  
          than two-thirds of all members elected to each of the two houses  
          of the Legislature."  This bill does not result in a taxpayer  
          paying a higher tax but delegates to the separate county boards  
          of supervisors the authority to impose a higher tax on vehicle  
          registrations to fund a specific government function.   
          Ultimately, the counsel for each county would have to determine  
          a vote threshold at the county level.  So while this bill is a  
          majority vote measure in the Legislature, the local action to  
          increase the registration tax may ultimately require a  
          two-thirds vote of the electorate in a county.  









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          Writing in opposition to this bill, the California Taxpayers  
          Association indicates that the bill is a regressive tax thus  
          imposing a greater burden upon lower- and middle-income  
          taxpayers.  The association further contends that the bill hides  
          the true costs of government and that the taxes should be  
          limited to paying for administrative costs incurred by DMV for  
          the registration of vehicles.  

           Legislative history :  AB 767 (Levine), of 2013, would authorize  
          the board of supervisors of all the counties within the state to  
          increase the tax on vehicle registrations for the prevention of  
          vehicle theft crimes.  That bill was approved by this committee  
          and is scheduled to be heard in the Assembly Local Government  
          Committee.  

          AB 1404 (Feuer) Chapter 775, Statutes of 2012, authorizes the  
          Counties of Los Angeles, San Bernardino, and San Diego to  
          increase their $1 vehicle registration tax for vehicle theft  
          prevention to $2, and their commercial tax from $2 to $4.  

          AB 1768 (Davis) of 2012, would have allowed for a $3 tax  
          applying only to Los Angeles County.  That bill failed passage  
          in the Assembly Transportation Committee.  

          AB 286 (Salas) Chapter 230, Statutes of 2009, extends the sunset  
          date to the current date of January 1, 2018.  

          AB 860 (Salas) of 2008, would have extended the sunset for the  
          vehicle theft program (but did not contain an increase in the  
          fee).  That bill was vetoed by Governor Schwarzenegger with his  
          generic veto message referencing the budget delay.  

          AB 878 (Davis) of 2007, a similar bill that was vetoed by  
          Governor Schwarzenegger who indicated that the voters should  
          decide on the vehicle registration fee increase.  

          SB 2139 (Davis), Chapter 1670, Statutes of 1990, establishes the  
          initial vehicle theft crime prevention program funded through  
          vehicle registration fees.  

           Double-referral  :  This bill is double referred to the Assembly  
          Local Government Committee.  

           REGISTERED SUPPORT / OPPOSITION  :   









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           Support 
           
          City of Oakland (sponsor)

           Opposition 
           
          California Taxpayers Association  
          Howard Jarvis Taxpayers Association
           

          Analysis Prepared by  :   Ed Imai / TRANS. / (916) 319-2093