BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1752


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          Date of Hearing:  March 14, 2016


                        ASSEMBLY COMMITTEE ON TRANSPORTATION


                                 Jim Frazier, Chair


          AB 1752  
          (Melendez) - As Amended March 10, 2016


          SUBJECT:  Vehicles:  registration fees


          SUMMARY:  Requires the Department of Motor Vehicles (DMV) to  
          clearly identify the base vehicle registration fee as a separate  
          and distinct line item on the vehicle registration renewal  
          notice.  Requires DMV to post on its web site a clear  
          description of each additional fee or surcharge added to the  
          base registration fee, including the statutory authority for  
          that fee or surcharge, and requires DMV to provide the address  
          to this website with each application.


          EXISTING LAW:  





          1)Prohibits a person from driving, moving, or leaving a vehicle  
            or trailer on a highway or in an off-street parking facility  
            unless it is registered with DMV.

          2)Requires that a registration fee of $43 be paid to the DMV for  
            an initial vehicle registration or registration renewal.









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          3)Adds an additional $3 to the above fee to be deposited in the  
            Alternative and Renewable Fuel and Vehicle Technology Fund and  
            the Enhanced Fleet Modernization Subaccount.

          4)Requires an additional registration fee, adjusted annually  
            based on the California Consumer Price Index (CPI), be paid to  
            DMV on behalf of the Department of the California Highway  
            Patrol (CHP) at the time of vehicle registration or renewal.

          5)Authorizes the collection of certain other fees and surcharges  
            at the time of vehicle registration or renewal to support a  
            variety of state and local programs.
          


          FISCAL EFFECT:  Unknown
          COMMENTS:  State law directs DMV to collect vehicle registration  
          fees along with other fees such as commercial motor vehicle  
          weight fees, license fees, and license plate fees when the  
          vehicle is first registered and annually thereafter.  In  
          addition, DMV may be directed to collect locally-imposed fees  
          and surcharges that fund variety of programs such as law  
          enforcement efforts and air pollution abatement.

          When a vehicle registration renewal notice is issued by DMV, the  
          fees that are being charged are prominently displayed and listed  
          by category under the heading of "fees" with a distinct sum  
          total due to the department and the date of required payment  
          clearly identified at the bottom in bold type.  Where there are  
          a several fees in a given category - for example if a local  
          jurisdiction has assessed a number of law enforcement-related  
          fees - the fees are shown totaled by category.


          The current vehicle registration fee is set in statute at $43.   
          This fee goes primarily to the Motor Vehicle Account to support  
          the state's administration and enforcement of laws regulating  
          the operation and registration of vehicles used on public  
          streets and highways.  AB 8 (Perea), Chapter 401, Statutes of  








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          2013, added an additional $3 to this fee, $2 of which go to the  
          Alternative and Renewable Fuel and Vehicle Technology Fund for  
          the purpose of developing and deploying technology and  
          alternative and renewable fuels in the marketplace, and $1 that  
          goes to the Enhanced Fleet Modernization Subaccount for the  
          purpose of allowing for the voluntary retirement of passenger  
          vehicles and light-duty and medium-duty trucks that are high  
          polluters.

          Existing law also directs DMV to collect a fee at the time of  
          registration or renewal on behalf of CHP to carry out duties  
          related to enforcing the Vehicle Code.  This fee is indexed to  
          the CPI, and is currently set at $24.  The current line item on  
          DMV's registration renewal notices titled "Registration Fee"  
          displays a total cost of $70, which includes the $43 dollar fee  
          established in statute, plus the $3 fee established by AB 8,  
          plus this $24 CHP fee.

          For a local fee to be collected by DMV, there must be statutory  
          authority to do so.  This authority typically requires the local  
          jurisdiction to pass an ordinance or resolution directing the  
          collection of the fee.  Once fee collection is in place, local  
          jurisdictions are required to account for the monies collected  
          and expended.  These local fees collected at the time of  
          registration or renewal are aggregated and listed separately on  
          the DMV notice under the item titled "County/District Fees."

          Because several fees are combined on the DMV registration  
          renewal notice, the author contends that these notices lack  
          transparency with regard to what fees are being collected by DMV  
          over and above the base registration fee set in statute.  To  
          address this, the bill would require DMV to clearly identify the  
          fee set in statute for the purpose of funding the operations of  
          DMV as the "base registration fee" on the renewal notice.

          According to the author, "Most people do not know about the  
          programs they are funding through the vehicle registration  
          process," including the programs funded by the AB 8 fees and the  
          CHP fee.  By requiring DMV to separately list these additional  








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          fees in a separate line item to provide information on its  
          website about the nature of these fees and their statutory  
          authority, the author seeks to enhance the transparency of the  
          vehicle registration process.  This bill does not require each  
          portion of the fees currently collected as the "registration  
          fee" to be separately listed on the renewal notice, likely  
          reducing the additional administrative costs incurred by DMV  
          associated with printing renewal notices pursuant to this new  
          requirement.

          DMV already displays a website address and toll-free telephone  
          number on the renewal notices providing access to additional  
          information to customers.  The new requirement for a website  
          displaying the description and statutory authority for  
          registration fees could likely be adapted from the existing  
          information DMV already provides.

          Previous legislation:  AB 1998 (Grove) of 2014, would have  
          required the DMV to fully identify each fee and surcharge on  
          applications for initial vehicle registration and registration  
          renewal as a separate and distinct line item with the  
          corresponding statutory authority for that fee.  AB 1998 was  
          held in this committee at the request of the author.

          AB 8 (Perea), Chapter 401, Statutes of 2013, increased the  
          vehicle registration fee set in statute by $3 for the purpose of  
          funding specific environmental programs.
          








          REGISTERED SUPPORT / OPPOSITION:










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          Support


          Howard Jarvis Taxpayers Association


          United Californians for Tax Reform




          Opposition


          None on file




          Analysis Prepared by:Justin Behrens / TRANS. / (916) 319-2093