BILL NUMBER: AB 2749 CHAPTERED 09/30/00 CHAPTER 973 FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2000 APPROVED BY GOVERNOR SEPTEMBER 29, 2000 PASSED THE ASSEMBLY AUGUST 25, 2000 PASSED THE SENATE AUGUST 24, 2000 AMENDED IN SENATE AUGUST 18, 2000 AMENDED IN SENATE AUGUST 10, 2000 AMENDED IN SENATE JUNE 8, 2000 AMENDED IN ASSEMBLY APRIL 12, 2000 INTRODUCED BY Assembly Member Pescetti (Coauthor: Assembly Member Granlund) FEBRUARY 25, 2000 An act to amend Sections 7235 and 7236 of the Revenue and Taxation Code, and to amend Section 9400 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 2749, Pescetti. Cargo Theft Interdiction Program Fees. (1) The Motor Carriers of Property Permit Fee Act authorizes the collection of, among other things, a Cargo Theft Interdiction Program Fee from all motor carriers of property, as defined. The fee is collected on a graduated scale based on fleet size. The fee is deposited as a credit in the Motor Carriers Permit Fund that was created by the act. The Cargo Theft Interdiction Program Fees are transferred to the Motor Carriers Safety Improvement Fund. These funds are available for appropriation by the Legislature to cover the costs to the Department of the California Highway Patrol to deter commercial motor vehicle cargo thefts and provide for security of highway carriers and cargoes. This bill would remove the Cargo Theft Interdiction Program Fee from collection under the Motor Carriers of Property Permit Fee Act, and would impose the fee as a flat fee of $3, as specified, on each motor vehicle required to pay a weight fee as part of vehicle registration with prescribed exemptions. The theft interdiction fee would be transferred directly to the Motor Carriers Safety Improvement Fund. (2) This bill would incorporate additional changes in Section 9400 of the Vehicle Code proposed by SB 2084, to be operative only if this bill and SB 2084 are enacted and become effective on or before January 1, 2001, each bill amends Section 9400 of the Vehicle Code, and this bill is enacted last. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 7235 of the Revenue and Taxation Code is amended to read: 7235. The Safety Fee imposed by this chapter shall be paid by all motor carriers of property, as defined in Section 34601 of the Vehicle Code. SEC. 2. Section 7236 of the Revenue and Taxation Code is amended to read: 7236. (a) All funds collected by the Department of Motor Vehicles pursuant to Section 7232 shall be deposited in the State Treasury to the credit of the Motor Carriers Permit Fund, which is hereby created. The following fees shall be paid to the department: (1) For-hire motor carriers of property shall pay, according to the following schedule, fees indicated as safety fee and uniform business license tax fee, based on the size of their motor vehicle fleet. (2) Private carriers of property with a fleet size of 10 or less motor vehicles shall pay a fee of thirty-five dollars ($35). Private carriers of property with a fleet size of 11 or more motor vehicles shall pay, according to the following schedule, fees indicated as safety fee, based on the size of their motor vehicle fleet. Any carrier that does not pay a uniform business license tax fee shall not operate as a for-hire motor carrier. (3) A seasonal permit may be issued to a motor carrier of property upon payment of fees indicated as safety fee and one-twelfth of the fee indicated as uniform business license tax fee, rounded to the next dollar, for each month the permit is valid. The original seasonal permit shall be valid for a period of not less than six months, and may be renewed upon payment of a five dollar ($5) fee, and one-twelfth of the fee indicated as a uniform business license tax fee for each additional month of operation. Uniform Fleet Size-Commercial Business Motor Vehicles Fee Safety Fee License Tax 1 $60 $60 2-4 $75 $125 5-10 $200 $275 11-20 $240 $470 21-35 $325 $650 36-50 $430 $880 51-100 $535 $1,075 101-200 $635 $1,300 201-500 $73 $1,510 501-1000 $830 $1,715 1001-2,000 $930 $1,900 2,001-over $1,030 $2,000 Notwithstanding the above fee schedule, motor carriers of property with 10 or fewer trucks shall not pay fees higher than they would have paid under the fee structure in place as of January 1, 1996. Notwithstanding Section 34606 of the Vehicle Code, fees for these carriers shall not be subject to increase by the Department of Motor Vehicles. (b) The Department of Motor Vehicles shall transfer funds deposited in the Motor Carriers Permit Fund as follows: (1) Funds derived from Uniform Business License Tax Fees shall be transferred to the General Fund. (2) Funds derived from Safety Fees shall remain in the Motor Carriers Permit Fund and shall be available for appropriation by the Legislature to cover costs incurred by the Department of Motor Vehicles and the Department of the California Highway Patrol in regulating motor carriers of property pursuant to Division 14.85 (commencing with Section 34600) of the Vehicle Code. (c) It is the intent of the Legislature that the fee schedule established in subdivision (a) shall not discriminate against small fleet or individual vehicle operators or result in a disproportionate share of those fees being assigned to small fleet or individual vehicle operators. SEC. 3. Section 9400 of the Vehicle Code is amended to read: 9400. In addition to any other registration fee, there shall be paid the fees set forth in this section for the registration of commercial vehicles. Whenever a camper is temporarily attached to a motor vehicle designed to transport property, the motor vehicle shall be subject to the fees imposed by this section. The camper shall be deemed to be a load, and fees imposed by this section upon the motor vehicle shall be based upon the unladen weight of the motor vehicle, exclusive of the camper. (a) For any electric vehicle designed, used, or maintained as described in this section, fees shall be paid for registration according to the following schedule: Unladen Weight Fee Less than 6,000 lbs. ............................... $ 87 6,000 lbs. or more but less than 10,000 lbs. ...... 266 10,000 lbs. or more ................................. 358 (b) For any motor vehicle having not more than two axles and designed, used, or maintained as described in this section, other than an electric vehicle, fees shall be paid for registration according to the following schedule: Unladen Weight Fee Less than 3,000 lbs. ............................... $ 8 3,000 lbs. to and including 4,000 lbs. ........... 24 4,001 lbs. to and including 5,000 lbs. ........... 80 5,001 lbs. to and including 6,000 lbs. ........... 154 6,001 lbs. to and including 7,000 lbs. ........... 204 7,001 lbs. to and including 8,000 lbs. ........... 257 8,001 lbs. to and including 9,000 lbs. ........... 308 9,001 lbs. to and including 10,000 lbs. ........... 360 10,001 lbs. to and including 11,000 lbs. ........... 409 11,001 lbs. to and including 12,000 lbs. ........... 462 12,001 lbs. to and including 13,000 lbs. ........... 513 13,001 lbs. to and including 14,000 lbs. ........... 563 14,001 lbs. and over ................................ 616 (c) For any motor vehicle having three or more axles, or for any trailer, semitrailer, pole or pipe dolly, logging dolly, or other dolly designed, used, or maintained as described in this section, other than an electric vehicle, fees shall be paid for registration according to the following schedule: Unladen Weight Fee 2,000 lbs. to and including 3,000 lbs. ........ $ 43 3,001 lbs. to and including 4,000 lbs. ........ 77 4,001 lbs. to and including 5,000 lbs. ........ 154 5,001 lbs. to and including 6,000 lbs. ........ 231 6,001 lbs. to and including 7,000 lbs. ........ 308 7,001 lbs. to and including 8,000 lbs. ........ 385 8,001 lbs. to and including 9,000 lbs. ........ 462 9,001 lbs. to and including 10,000 lbs. ........ 539 10,001 lbs. to and including 11,000 lbs. ........ 616 11,001 lbs. to and including 12,000 lbs. ........ 693 12,001 lbs. to and including 13,000 lbs. ........ 770 13,001 lbs. to and including 14,000 lbs. ........ 847 14,001 lbs. to and including 15,000 lbs. ........ 924 15,001 lbs. and over ............................. 1,016 (d) This section shall not be applicable to any vehicle that is operated or moved over the highway exclusively for the purpose of historical exhibition or other similar noncommercial purpose. (e) (1) Except as provided in paragraph (2), in addition to the fees set forth in subdivisions (b) and (c), a Cargo Theft Interdiction Program Fee of three dollars ($3) shall be paid at the time of initial or original registration or renewal of registration of each motor vehicle subject to weight fees under this section. (2) This subdivision does not apply to vehicles used or maintained for the transportation of persons for hire, compensation or profit, pickup trucks, utility trailers, and tow trucks. (3) For vehicles registered under Article 4 (commencing with Section 8050) of Chapter 4, the fee imposed under this subdivision shall be apportioned as required for registration fees under that article. (4) Funds collected pursuant to the Cargo Theft Interdiction Program shall be transferred to the Motor Carriers Safety Improvement Fund. (f) The fee changes effected by this section apply to (1) initial or original registration on or after January 1, 1995, of any commercial vehicle never before registered in this state and (2) to renewal of registration of any commercial vehicle whose registration expires on or after January 1, 1995. (g) This section shall become operative on July 1, 1994. SEC. 3.5. Section 9400 of the Vehicle Code is amended to read: 9400. Except as provided in Section 9400.1, and in addition to any other registration fee, there shall be paid the fees set forth in this section for the registration of any commercial motor vehicle singly, or in combination, that operates with a declared gross weight of 10,000 pounds or less. Weight fees for pickup trucks are calculated under this section. Whenever a camper is temporarily attached to a motor vehicle designed to transport property, the motor vehicle shall be subject to the fees imposed by this section. The camper shall be deemed to be a load, and fees imposed by this section upon the motor vehicle shall be based upon the unladen weight of the motor vehicle, exclusive of the camper. (a) For any electric vehicle designed, used, or maintained as described in this section, fees shall be paid according to the following schedule: Unladen Weight Fee Less than 6,000 lbs. .............................. $ 87 6,000 lbs. or more but less than 10,000 lbs. ...... 266 10,000 lbs. or more ................................ 358 (b) For any motor vehicle having not more than two axles and designed, used, or maintained as described in this section, other than an electric vehicle, fees shall be paid according to the following schedule: Unladen Weight Fee Less than 3,000 lbs. ............................. $ 8 3,000 lbs. to and including 4,000 lbs. .......... 24 4,001 lbs. to and including 5,000 lbs. .......... 80 5,001 lbs. to and including 6,000 lbs. .......... 154 6,001 lbs. to and including 7,000 lbs. .......... 204 7,001 lbs. to and including 8,000 lbs. .......... 257 8,001 lbs. to and including 9,000 lbs. .......... 308 9,001 lbs. to and including 10,000 lbs. .......... 360 (c) For any motor vehicle having three or more axles designed, used, or maintained as described in this section, other than an electric vehicle, fees shall be paid for registration according to the following schedule: Unladen Weight Fee 2,000 lbs. to and including 3,000 lbs. ........ $ 43 3,001 lbs. to and including 4,000 lbs. ........ 77 4,001 lbs. to and including 5,000 lbs. ........ 154 5,001 lbs. to and including 6,000 lbs. ........ 231 6,001 lbs. to and including 7,000 lbs. ........ 308 7,001 lbs. to and including 8,000 lbs. ........ 385 8,001 lbs. to and including 9,000 lbs. ........ 462 9,001 lbs. to and including 10,000 lbs. ........ 539 (d) This section is not applicable to any vehicle that is operated or moved over the highway exclusively for the purpose of historical exhibition or other similar noncommercial purpose. (e) (1) Except as provided in paragraph (2), in addition to the fees set forth in subdivisions (b) and (c), a Cargo Theft Interdiction Program Fee of three dollars ($3) shall be paid at the time of initial or original registration or renewal of registration of each motor vehicle subject to weight fees under this section. (2) This subdivision does not apply to vehicles used or maintained for the transportation of persons for hire, compensation or profit, pickup trucks, utility trailers, and tow trucks. (3) For vehicles registered under Article 4 (commencing with Section 8050) of Chapter 4, the fee imposed under this subdivision shall be apportioned as required for registration fees under that article. (4) Funds collected pursuant to the Cargo Theft Interdiction Program shall be transferred to the Motor Carriers Safety Improvement Fund. (f) The fee changes effected by this section apply to (1) initial or original registration on or after January 1, 1995, and prior to December 31, 2001, of any commercial vehicle never before registered in this state and (2) to renewal of registration of any commercial vehicle whose registration expires on or after January 1, 1995, and prior to December 31, 2001. (g) Commercial vehicles, other than those specified in Section 9400.1, with an initial registration or renewal of registration that is due on or after December 31, 2001, are subject to the payment of fees specified in this section. SEC. 4. Section 3.5 of this bill incorporates amendments to Section 9400 of the Vehicle Code proposed by both this bill and SB 2084. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2001, (2) each bill amends Section 9400 of the Vehicle Code, and (3) this bill is enacted after SB 2084, in which case Section 9400 of the Vehicle Code as amended by SB 2084, shall remain operative only until the operative date of this bill, at which time Section 3.5 of this bill shall become operative, and Section 3 of this bill shall not become operative.