BILL NUMBER: SB 1209	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 27, 2012

INTRODUCED BY   Senator Runner

                        FEBRUARY 22, 2012

   An act to  amend Section 11156 of   add
Section 9250.20 to  the  Revenue and Taxation 
 Vehicle  Code, relating to  taxation  
vehicles, and making an appropriation therefor  .


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1209, as amended, Runner.  Taxation: City and County of
San Francisco: vehicle license fee surcharge.  
Vehicles: registration fees: nonresident owners.  
   Existing law prohibits a person from operating a motor vehicle
upon a highway or in an offstreet public parking facility unless the
motor vehicle is registered with the Department of Motor Vehicles.
Existing law requires a vehicle owned by a person residing outside
the state that is based in California or primarily used on California
highways to be registered in the state. Existing law imposes, with
specified exemptions, a fee on the registration of a motor vehicle.
Existing law authorizes certain local governmental entities to impose
additional registration-related fees for specified purposes. 

   This bill would impose an additional fee, in an amount to be
determined as specified, at the time of registration or renewal of
registration on a motor vehicle registered to a nonresident owner who
submits a registration or renewal of registration form with a
residence or business address, as applicable, that is outside of the
state. The bill would provide that the above fee applies to a motor
vehicle that is initially registered or that has a registration
expiring on or after July 1, 2013. The bill would continuously
appropriate the fee collected, less the administrative costs incurred
by the Department of Motor Vehicles, in equal portion, to the
Department of the California Highway Patrol to support databases and
public warning systems used to alert motorists and the general public
of specified information and the Department of Justice to maintain
criminal justice databases designed to enhance the effectiveness of
public safety warning systems, thereby making an appropriation. 

   Existing law authorizes the City and County of San Francisco, upon
meeting specified requirements, to impose a vehicle license fee
surcharge for the privilege of operating any vehicle upon the public
highways in the county, as provided. Existing law presumes, for
purposes of this law, that a person is operating a vehicle on the
public highways only in the county in which the person resides, and
requires the person to be subject to a vehicle license fee surcharge
only in that county.  
   This bill would authorize the Department of Motor Vehicles, in
determining the place of residence of a person, to rely upon the
address reflected in its records for that person, unless it is
established to the satisfaction of the department that the place of
residence of that person is elsewhere. 
   Vote:  majority   2/3  . Appropriation:
 no   yes  . Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 9250.20 is added to the 
 Vehicle Code   , to read:  
   9250.20.  (a) In addition to any other fees specified in this code
and in the Revenue and Taxation Code, an additional fee, in the
amount determined pursuant to subdivision (d), shall be paid at the
time of registration or renewal of registration of a motor vehicle
registered to a nonresident owner who submits a registration or
renewal of registration form with a residence or business address, as
applicable, that is outside of the state.
   (b) Notwithstanding Section 13340 of the Government Code, all fees
collected pursuant to subdivision (a), after deduction of the
administrative costs incurred by the department in carrying out this
section, shall be continuously appropriated as follows:
   (1) Fifty percent to the Department of the California Highway
Patrol to be used to support databases and public warning systems
used to alert motorists and the general public of abductions,
shootings, and other imminent threats to public safety.
   (2) Fifty percent to the Department of Justice to be used to
maintain criminal justice databases designed to enhance the
effectiveness of public safety warning systems.
   (c) This section shall become operative, and shall apply to a
vehicle that is subject to the registration requirement pursuant to
this code and is applying for an initial registration or is renewing
its registration that expires, on or after July 1, 2013.
   (d) The additional fee required pursuant to subdivision (a) shall
equal the average additional fee imposed pursuant to action taken by
a local entity pursuant to this article upon the registration or
renewal of registration occurring in this state in the immediately
preceding fiscal year, as determined by the department. 

  SECTION 1.    Section 11156 of the Revenue and
Taxation Code is amended to read:
   11156.  A person shall, for the purposes provided for in Section
11154, be presumed to be operating a vehicle on the public highways
only in the county in which he or she resides, or, in the case of
other than a natural person, only in the county in which the vehicle
is principally garaged, and he or she shall be subject to a local
vehicle license fee surcharge only in that county. In determining the
place of residence of a person, the department may rely upon the
address reflected in its records for that person, unless the person
or persons, a county, or a district establishes to the satisfaction
of the department that the place of residence of that person is
elsewhere.