BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1324
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          ASSEMBLY THIRD READING
          AB 1324 (Skinner and Bonta)
          As Amended  May 2, 2013
          Majority vote 

           TRANSPORTATION      10-5        LOCAL GOVERNMENT    6-2         
           
           ----------------------------------------------------------------- 
          |Ayes:|Gordon, Ammiano,          |Ayes:|Levine, Alejo, Bradford,  |
          |     |Blumenfield, Bonta,       |     |Gordon, Mullin, Stone     |
          |     |Buchanan, Daly, Frazier,  |     |                          |
          |     |Gatto, Holden, Nazarian   |     |                          |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Linder, Logue, Morrell,   |Nays:|Melendez, Waldron         |
          |     |Patterson, Quirk-Silva    |     |                          |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           APPROPRIATIONS      12-5                                        
           
           ----------------------------------------------------------------- 
          |Ayes:|Gatto, Bocanegra,         |     |                          |
          |     |Bradford,                 |     |                          |
          |     |Ian Calderon, Campos,     |     |                          |
          |     |Eggman, Gomez, Hall,      |     |                          |
          |     |Ammiano, Pan, Quirk,      |     |                          |
          |     |Weber                     |     |                          |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Harkey, Bigelow,          |     |                          |
          |     |Donnelly, Linder, Wagner  |     |                          |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           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  








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            six months prior to the operative date of the tax increase.  

          3)Sunsets the provisions on January 1, 2018.  

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, as stated in the State Controller's annual report,  
          Alameda is one of 47 counties that have adopted the $1/$2  
          surcharges, which generated revenue totaling $1.3 million in  
          2011-12.  This bill would allow doubling of these surcharges for  
          four years, and thus a doubling of the annual revenue over this  
          time as a source of funds to combat vehicle theft.  

           COMMENTS  :  Existing law establishes a basic vehicle registration  
          fee of $46, plus an additional $23 fee for additional personnel  
          for the California Highway Patrol (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  
          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  








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          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.  

          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.  


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


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