AB 2393, as introduced, Levine. Vehicle registration fees.
Existing law authorizes a county, upon the adoption of a resolution by its board of supervisors, to impose a fee of $1 on all motor vehicles, except as provided, in addition to other fees imposed for the registration of a vehicle. Existing law requires registered owners of a commercial vehicle in a county that has so imposed that $1 fee to pay an additional $2 fee. Existing law requires the county, after deducting administrative costs, to pay those fees to the Controller quarterly. Existing law continuously appropriates the money generated by these fees to the Controller for disbursement to each county that has adopted a resolution as described above, and limits the expenditure of the money so disbursed to certain purposes related to law enforcement.
This bill would additionally authorize a county, that has adopted the resolution to impose the $1 fee, to increase that fee to $2 in the same manner that it imposed the initial $1 fee. The bill would alternatively authorize a county that has not adopted a $1 fee to impose an initial $2 fee in the same manner that it is authorized to impose a $1 fee. If a county imposes a $2 fee pursuant to these provisions, the bill would increase the additional $2 fee on commercial vehicles to $4. The bill would require the county to submit resolutions to increase fees pursuant to these provisions to the Department of Motor Vehicles at least 6 months prior to the operative date of the fee increase.
This bill makes an appropriation by authorizing a county to increase the amount of fees that are continuously appropriated to the Controller.
Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 9250.19 of the Vehicle Code is amended
2to read:
(a) (1) In addition to any other fees specified in this
4code and the Revenue and Taxation Code, upon the adoption of a
5resolution pursuant to this subdivision by any county board of
6supervisors, a fee of one dollar ($1) shall be paid at the time of
7registration, renewal, or supplemental application for apportioned
8registration pursuant to Article 4 (commencing with Section 8050)
9of Chapter 4 of every vehicle, except vehicles described in
10subdivision (a) of Section 5014.1, registered to an address within
11that county except those expressly exempted from payment of
12registration fees. The fees, after deduction of the administrative
13costs incurred by the department in carrying out this section, shall
14be paid quarterly to the Controller.
15(2) (A) If a county has adopted a resolution to impose a
16one-dollar ($1) fee pursuant to paragraph (1), the county may
17increase the fee specified in paragraph (1) to two dollars ($2) in
18the same manner as the imposition of the initial fee pursuant to
19paragraph (1). The two dollars ($2) shall be paid at the time of
20registration or renewal of registration of a vehicle, and quarterly
21to the Controller, as provided in paragraph (1).
22(B) If a county has not adopted a resolution to impose a
23one-dollar ($1) fee pursuant to paragraph (1), the county may
24instead adopt a fee of two dollars ($2) in the manner prescribed
25in paragraph (1).
26(C) A resolution to impose a fee of two dollars ($2) pursuant
27to subparagraph (A) or (B) shall be submitted to the department
28at least six months prior to the operative date
of the fee increase.
29(2)
end delete
30begin insert(3)end insert In addition to the one-dollar ($1) service fee, and upon the
31implementation of the permanent trailer identification plate
P3 1program, and as part of the Commercial Vehicle Registration Act
2of 2001, all commercial motor vehicles subject to Section 9400.1
3registered to an owner with an address in the county that
4established a service authority under this section, shall pay an
5additional service fee of two dollars ($2).
6(4) (A) If a county imposes a service fee
of two dollars ($2) by
7adopting a resolution pursuant to subparagraph (A), the fee
8specified in paragraph (3) shall be increased to four dollars ($4).
9The four dollars ($4) shall be paid at the time of registration or
10renewal of registration of a vehicle, and quarterly to the Controller
11as provided in paragraph (1).
12(B) A resolution to increase the additional service fee from two
13dollars ($2) to four dollars ($4) pursuant to subparagraph (A)
14shall be submitted to the department at least six months prior to
15the operative date of the fee increase.
16(3)
end delete
17begin insert(5)end insert A resolution adopted pursuant to paragraph (1)begin insert or (2)end insert shall
18include findings as to the purpose of, and the need for, imposing
19the additional registration fee.
20(b) Notwithstanding Section 13340 of the Government Code,
21the money paid to the Controller pursuant to subdivision (a) is
22continuously appropriated, without regard to fiscal years, for
23disbursement by the Controller to each county that has adopted a
24resolution pursuant to subdivision (a), based upon the number of
25vehicles registered, or whose registration is renewed, to an address
26within that county, or supplemental application for apportioned
27registration, and for the administrative costs of the Controller
28incurred under this section.
29(c) Money allocated to a county pursuant to subdivision (b)
30shall
be expended exclusively to fund programs that enhance the
31capacity of local law enforcement to provide automated mobile
32and fixed location fingerprint identification of individuals who
33may be involved in driving under the influence of alcohol or drugs
34in violation of Section 23152 or 23153, or vehicular manslaughter
35in violation of Section 191.5 of the Penal Code or subdivision (c)
36of Section 192 of the Penal Code, or any combination of those and
37other vehicle-related crimes, and other crimes committed while
38operating a motor vehicle.
39(d) The data from a program funded pursuant to subdivision (c)
40shall be made available by the local law enforcement agency to a
P4 1local public agency that is required by law to obtain a criminal
2history background of persons as a condition of employment with
3that local public agency. A local law enforcement agency that
4provides the data may charge a fee to cover its actual costs in
5providing that data.
6(e) (1) Money collected pursuant to this section shall not be
7used to offset a reduction in any other source of funds for the
8purposes authorized under this section.
9(2) Funds collected pursuant to this section, upon
10recommendation of local or regional Remote Access Network
11Boards to the board of supervisors, shall be used exclusively for
12the purchase, by competitive bidding procedures, and the operation
13of equipment that is compatible with the Department of Justice’s
14Cal-ID master plan, as described in Section 11112.2 of the Penal
15Code, and the equipment shall interface in a manner that is in
16compliance with the requirement described in the Criminal Justice
17Information Services, Electronic Fingerprint Transmission
18Specification, prepared by the Federal Bureau of Investigation and
19dated August 24, 1995.
20(f) Every county that has authorized the collection of the fee
21pursuant to subdivision (a) shall issue a fiscal yearend report to
22the Controller on or before November 1 of each year, summarizing
23all of the following with respect to those fees:
24(1) The total revenues received by the county for the fiscal year.
25(2) The total expenditures and encumbered funds by the county
26for the fiscal year. For purposes of this subdivision, “encumbered
27funds” means funding that is scheduled to be spent pursuant to a
28determined schedule and for an identified purchase consistent with
29this section.
30(3) Any unexpended or unencumbered fee revenues for the
31county for the fiscal year.
32(4) The estimated annual cost of the purchase, operation, and
33maintenance of
automated mobile and fixed location fingerprint
34equipment, related infrastructure, law enforcement enhancement
35programs, and personnel created or utilized in accordance with
36this section for the fiscal year. The listing shall detail the make
37and model number of the equipment, and include a succinct
38description of the related infrastructure items, law enforcement
39enhancement programs, and the classification or title of any
40personnel.
P5 1(5) How the use of the funds benefits the motoring public.
2(g) For each county that fails to submit the report required
3pursuant to subdivision (f) by November 1 of each year, the
4Controller shall notify the Department of Motor Vehicles to
5suspend the fee for that county imposed pursuant to subdivision
6(a) for one year.
7(h) If any funds received by a county pursuant to subdivision
8(a) are
not expended or encumbered in accordance with this section
9by the close of the fiscal year in which the funds were received,
10the Controller shall notify the Department of Motor Vehicles to
11suspend the fee for that county imposed pursuant to subdivision
12(a) for one year. For purposes of this subdivision, “encumbered
13funds” means funding that is scheduled to be spent pursuant to a
14determined schedule and for an identified purchase consistent with
15this section.
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