BILL ANALYSIS                                                                                                                                                                                                    




            SENATE REVENUE & TAXATION COMMITTEE

            Senator Lois Wolk, Chair

                                                     SB 373 - Walters

                                                 As Amended May 6, 2009

                                                                       

            Hearing: May 13, 2009      Tax Levy         Fiscal: Yes


            SUMMARY:  Reduces the VLF for new cars to 0.65%

            


            EXISTING LAW 

                 Existing state law imposes a vehicle license fee  
            (VLF), which is in lieu of a personal property tax on  
            California motor vehicles, at a rate based on the taxable  
            value of the vehicle. The taxable value of a vehicle is  
            established by the purchase price of the vehicle,  
            depreciated annually according to a statutory schedule. 

                 The VLF tax rate is currently 0.65 percent of the  
            value of a vehicle, but historically the rate has been 2  
            percent of value, and effective May 19, 2009, the rate will  
            be 1.15 percent, because of AB 3XXX (Evans), Chapter 18,  
            Statutes of 2009-10 Third Extraordinary Session.

                 B 3XXX  temporarily increases the VLF rate to 1.15  
            percent and dedicates revenue from the portion of the  
            increase from 0.65 percent to 1 percent to the state  
            General Fund and revenue from the additional increase of  
            0.15 percent to specific local public safety programs. AB  
            3XXX's VLF rate increase becomes effective for vehicle  
            registrations on May 19, 2009 and expires on June 30, 2011.  
             However, if the voters approve Proposition 1A, the budget  
            stabilization constitutional amendment, on the May 19th  
            ballot, both components of the rate increase will be  
            extended for an additional two years and will expire on  








                                                        SB 373 - Walters

                                                                  Page 3
            

            June 30, 2013. 

                 For the taxpayer, the VLF is deductible on both state  
            and federal income taxes. 


            THIS BILL 

                 Provides that for all new vehicles, including  
            motorcycles, the annual license fee is 0.65 percent of the  
            market value of the vehicle. 

                 Provides legislative intent that the funding levels  
            for local law enforcement be kept whole and not be reduced  
            due to the provisions of this bill. 


            FISCAL EFFECT: 

                 The DMV did not have revenue estimates available at  
            the time this analysis was complete.  Based on the revenue  
            numbers from AB 3XXX (Evans), and assuming that new cars  
            account for at least half of that revenue, committee staff  
            estimates that the bill will have the following revenue  
            effect, in millions, at a minimum:

             ----------------------------------------------------------- 
            |2008-09    |2009-10    |2010-11    |2011-12    |2012-13    |
            |           |           |           |           |           |
            |-----------+-----------+-----------+-----------+-----------|
            |319.5      |1,467.5    |1,497      |1,527.5    |1,435      |
            |           |           |           |           |           |
             ----------------------------------------------------------- 

            


            COMMENTS:

            A.    Purpose of the Bill
                 The author states that by exempting new automobile and  
            motorcycle purchases from the soon-to-be-increased Vehicle  








                                                        SB 373 - Walters

                                                                  Page 3
            

            License Fee (VLF), SB 373 will provide economic incentives  
            to encourage consumers to purchase new vehicles, which in  
            turn will serve to increase VLF revenue through the  
            increased economic activity.

            B.    Behind Door #1, A Brand New Car!
                  There is no evidence to suggest that new vehicles  
            stimulate economic activity better than used vehicles,  
            especially since both are subject the VLF.  With the used  
            car industry growing faster than the new car industry,  
            there may be more activity to stimulate in the former.  The  
            author argues that this exemption will stimulate the  
            economy with new purchases.  Opponents state that only  
            those who can already afford to purchase a new vehicle will  
            benefit from this measure, while leaving the more  
            vulnerable population to pay the higher vehicle license fee  
            on used vehicle purchases.

            C.    Will this bill change anyone's decision?
                  Many factors go into purchasing a car: the price, the  
            monthly payment, the financing rate, the year, make and  
            model of the car, the sales tax rate and then the VLF.   
            Logically the most important impetus for a consumer to  
            decide whether or not to make the final purchase are price  
            and the monthly payments.  The sales tax is much higher  
            than the VLF and may factor into the immediate decision of  
            the car purchase versus the longer term payment of the VLF.  
             It is not clear that this bill would actually influence  
            the buying behavior of the consumer.  

            D.    Local Law Enforcement Could be Impacted
                  Many local communities oppose this bill unless  
            amended.  These organizations request that the bill be  
            amended to require a state backfill to the counties' share  
            of VLF revenue that they otherwise would have received  
            absent the new vehicle exemption contemplated in this bill.  
             These organizations express concern that this measure, if  
            it passes in its current form, would adversely affect law  
            enforcement programs.


            Support and Opposition








                                                        SB 373 - Walters

                                                                  Page 3
            


                 Support:       California New Car Dealers Association

                 Oppose:   California School Employees Association
                                California State Sheriffs' Association  
                 (unless amended)
                                Regional Council of Rural Counties  
                 (unless amended)
                                California State Association of  
                 Counties (unless amended)
                                California District Attorneys  
                 Association (unless amended)
                                California Tax Reform Association




            ---------------------------------

            Consultant: Gayle Miller





            >
























                                                        SB 373 - Walters

                                                                  Page 3