BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 1209
                                                                  Page  1

          Date of Hearing:   August 8, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    SB 1209 (Runner) - As Amended:  June 12, 2012 

          Policy Committee:                             
          TransportationVote:12-2

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              No

           SUMMARY  

          This bill requires the Department of Motor Vehicles (DMV) to 
          charge additional vehicle registration and renewal fee to the 
          owner of a vehicle who is not a resident of California.  The 
          amount of the out-of-state-owner fee will be either $10 or the 
          average additional fee imposed pursuant to actions taken by a 
          local entity upon vehicle registration or renewal in the 
          preceding fiscal year, as determined by DMV.  Revenue from the 
          out-of-state-owner fee, upon appropriation and minus DMV's 
          administrative costs, is allocated as follows:

          1)50% to the California Highway Patrol (CHP) for databases and 
            public warning systems used to alert motorists and the general 
            public of abductions, shootings, and other imminent threats to 
            public safety.

          2)50% to the Department of Justice (DOJ) to be used to maintain 
            criminal justice databases designed to enhance the 
            effectiveness of public safety warning systems.

           FISCAL EFFECT  

          1)One-time costs of approximately $175,000 to DMV in 2011-12 and 
            2012-13 to make programming changes to allow for collection of 
            the out-of-state-owner fee (Motor Vehicle Account).

          2)Annual costs in the tens of thousands of dollars to DMV to 
            determine the average amount of local vehicle registration 
            fees in preceding years (Motor Vehicle Account).

          3)Annual revenue to CHP and DOJ, each, of approximately $700,000 








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            to $800,000, assuming approximately 172,000 vehicles would be 
            subject to the out-of-state-owner vehicle registration fee 
            each year (Motor Vehicle Account).

           COMMENTS  

           1)Rationale  .  The author contends out-of-state owners of 
            vehicles registered in California receive similar benefits as 
            do California-based owners of vehicles registered in the 
            state.  The author notes, however, that such out-of-state 
            vehicle owners pay, on average, $10 less in registration fees 
            than do in-state vehicle owners, the discrepancy resulting 
            from additional registration fees imposed by local governments 
            upon vehicle owners residing within their respective 
            jurisdictions.  The author contends this discrepancy is 
            unfair, given the similarity of benefits received and, 
            therefore, intends this bill to roughly equalize the 
            registration fees paid by all vehicle owners.  The author 
            further contends it appropriate to allocate the increase in 
            fee revenue that would result from this bill to CHP and DOJ to 
            support programs such as Amber Alert and Blue Alert that warn 
            motorists of emergencies on our roadways, particularly those 
            related to child abductions or criminals in flight. 

           2)Background  .   Owners of vehicles registered in California, 
            regardless of the owner's place of residence, must pay a basic 
            vehicle registration fee of $46, plus a $23 surcharge for 
            additional personnel for the CHP.   Local entities, such as 
            county governments and air pollution control districts, may 
            impose vehicle registration fee surcharges on vehicles 
            registered to owners who reside within their respective 
            jurisdictions for a variety of programs that provide primarily 
            local benefits, including surcharges for fingerprint 
            identification programs used by local law enforcement and 
            surcharges for air quality programs. 

            According to DMV, it has been sued twice, successfully, by 
            owners of vehicles forced to pay registration fees that 
            discriminate upon the basis of the vehicle owner's status as a 
            non-California resident.  As a result of those law suits, DMV 
            had to refund millions of dollars in registration fees.  DMV 
            expresses doubt that the fee proposed by this bill would 
            withstand legal challenge.  

           3)Support.   This bill is supported by the Peace Officers 








                                                                  SB 1209
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            Research Association of California.

           4)There is no opposition formally registered to this bill.  

           Analysis Prepared by  :    Jay Dickenson / APPR. / (916) 319-2081