Amended in Senate July 3, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2393


Introduced by Assembly Member Levine

February 21, 2014


An act to amend Section 9250.19 of the Vehicle Code, relating to vehicle registration fees, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

AB 2393, as amended, Levine. Vehicle registration fees.

Existing law authorizes a county, upon the adoption of a resolution by its board of supervisors, to impose a fee of $1 on all motor vehicles, except as provided, in addition to other fees imposed for the registration of a vehicle. Existing law requires registered owners of a commercial vehicle in a county that has so imposed that $1 fee to pay an additional $2 fee. Existing law requires the county, after deducting administrative costs, to pay those fees to the Controller quarterly. Existing law continuously appropriates the money generated by these fees to the Controller for disbursement to each county that has adopted a resolution as described above, and limits the expenditure of the money so disbursed to certain purposes related to law enforcement.

This bill would additionally authorize a county, that has adopted the resolution to impose the $1 fee, to increase that fee to $2 in the same manner that it imposed the initial $1 fee. The bill would alternatively authorize a county that has not adopted a $1 fee to impose an initial $2 fee in the same manner that it is authorized to impose a $1 fee. If a county imposes a $2 fee pursuant to these provisions, the bill would increase the additional $2 fee on commercial vehicles to $4. The bill would require the county to submit resolutions tobegin insert impose orend insert increase fees pursuant to these provisions to the Department of Motor Vehicles at least 6 months prior to the operative date of the feebegin delete increaseend delete.

This bill makes an appropriation by authorizing a county to increase the amount of fees that are continuously appropriated to the Controller.

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

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

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SECTION 1.  

Section 9250.19 of the Vehicle Code is amended
2to read:

3

9250.19.  

(a) (1) In addition to any other fees specified in this
4code and the Revenue and Taxation Code, upon the adoption of a
5resolution pursuant to this subdivision by any county board of
6supervisors, a fee of one dollar ($1) shall be paid at the time of
7registration, renewal, or supplemental application for apportioned
8registration pursuant to Article 4 (commencing with Section 8050)
9of Chapter 4 of every vehicle, except vehicles described in
10subdivision (a) of Section 5014.1, registered to an address within
11that county except those expressly exempted from payment of
12registration fees. The fees, after deduction of the administrative
13costs incurred by the department in carrying out this section, shall
14be paid quarterly to the Controller.

15(2) (A) If a county has adopted a resolution to impose a
16one-dollar ($1) fee pursuant to paragraph (1), the county may
17increase the fee specified in paragraph (1) to two dollars ($2) in
18the same manner as the imposition of the initial fee pursuant to
19paragraph (1). The two dollars ($2) shall be paid at the time of
20registration or renewal of registration of a vehicle, and quarterly
21to the Controller, as provided in paragraph (1).

22(B) If a county has not adopted a resolution to impose a
23one-dollar ($1) fee pursuant to paragraph (1), the county may
24instead adopt a fee of two dollars ($2) in the manner prescribed in
25paragraph (1).

26(C) A resolution to impose a fee of two dollars ($2) pursuant
27to subparagraph (A) or (B) shall be submitted to the department
28at least six months prior to the operative date of the fee increase.

29(3) In addition to the one-dollar ($1) service fee, and upon the
30implementation of the permanent trailer identification plate
31program, and as part of the Commercial Vehicle Registration Act
P3    1of 2001, all commercial motor vehicles subject to Section 9400.1
2registered to an owner with an address in the county that
3established a service authority under this section, shall pay an
4additional service fee of two dollars ($2).

5(4) (A) If a county imposes a service fee of two dollars ($2) by
6adopting a resolution pursuant to subparagraph (A)begin insert or (B) of
7paragraph (2)end insert
, the fee specified in paragraph (3) shall be increased
8to four dollars ($4). The four dollars ($4) shall be paid at the time
9of registration or renewal of registration of a vehicle, and quarterly
10to the Controller as provided in paragraph (1).

11(B) A resolutionbegin delete to increase the additional service fee from two
12dollars ($2) to four dollars ($4)end delete
begin insert adoptedend insert pursuant to subparagraph
13(A)begin insert or (B) of paragraph (2)end insert shall be submitted to the department
14at least six months prior to the operative date of the feebegin delete increaseend delete.

15(5) A resolution adopted pursuant to paragraph (1) or (2) shall
16include findings as to the purpose of, and the need for, imposing
17the additional registration fee.

18(b) Notwithstanding Section 13340 of the Government Code,
19the money paid to the Controller pursuant to subdivision (a) is
20continuously appropriated, without regard to fiscal years, for
21disbursement by the Controller to each county that has adopted a
22resolution pursuant to subdivision (a), based upon the number of
23vehicles registered, or whose registration is renewed, to an address
24within that county, or supplemental application for apportioned
25registration, and for the administrative costs of the Controller
26incurred under this section.

27(c) Money allocated to a county pursuant to subdivision (b)
28shall be expended exclusively to fund programs that enhance the
29capacity of local law enforcement to provide automated mobile
30and fixed location fingerprint identification of individuals who
31may be involved in driving under the influence of alcohol or drugs
32in violation of Section 23152 or 23153, or vehicular manslaughter
33in violation of Section 191.5 of the Penal Code or subdivision (c)
34of Section 192 of the Penal Code, or any combination of those and
35other vehicle-related crimes, and other crimes committed while
36operating a motor vehicle.

37(d) The data from a program funded pursuant to subdivision (c)
38shall be made available by the local law enforcement agency to a
39local public agency that is required by law to obtain a criminal
40history background of persons as a condition of employment with
P4    1that local public agency. A local law enforcement agency that
2provides the data may charge a fee to cover its actual costs in
3providing that data.

4(e) (1) Money collected pursuant to this section shall not be
5used to offset a reduction in any other source of funds for the
6purposes authorized under this section.

7(2) Funds collected pursuant to this section, upon
8recommendation of local or regional Remote Access Network
9Boards to the board of supervisors, shall be used exclusively for
10the purchase, by competitive bidding procedures, and the operation
11of equipment that is compatible with the Department of Justice’s
12Cal-ID master plan, as described in Section 11112.2 of the Penal
13Code, and the equipment shall interface in a manner that is in
14compliance with the requirement described in the Criminal Justice
15Information Services, Electronic Fingerprint Transmission
16Specification, prepared by the Federal Bureau of Investigation and
17dated August 24, 1995.

18(f) Every county that has authorized the collection of the fee
19pursuant to subdivision (a) shall issue a fiscal yearend report to
20the Controller on or before November 1 of each year, summarizing
21all of the following with respect to those fees:

22(1) The total revenues received by the county for the fiscal year.

23(2) The total expenditures and encumbered funds by the county
24for the fiscal year. For purposes of this subdivision, “encumbered
25funds” means funding that is scheduled to be spent pursuant to a
26determined schedule and for an identified purchase consistent with
27this section.

28(3) Any unexpended or unencumbered fee revenues for the
29county for the fiscal year.

30(4) The estimated annual cost of the purchase, operation, and
31maintenance of automated mobile and fixed location fingerprint
32equipment, related infrastructure, law enforcement enhancement
33programs, and personnel created or utilized in accordance with
34this section for the fiscal year. The listing shall detail the make
35and model number of the equipment, and include a succinct
36description of the related infrastructure items, law enforcement
37enhancement programs, and the classification or title of any
38personnel.

39(5) How the use of the funds benefits the motoring public.

P5    1(g) For each county that fails to submit the report required
2pursuant to subdivision (f) by November 1 of each year, the
3Controller shall notify the Department of Motor Vehicles to
4suspend the fee for that county imposed pursuant to subdivision
5(a) for one year.

6(h) If any funds received by a county pursuant to subdivision
7(a) are not expended or encumbered in accordance with this section
8by the close of the fiscal year in which the funds were received,
9the Controller shall notify the Department of Motor Vehicles to
10suspend the fee for that county imposed pursuant to subdivision
11(a) for one year. For purposes of this subdivision, “encumbered
12funds” means funding that is scheduled to be spent pursuant to a
13determined schedule and for an identified purchase consistent with
14this section.



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