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SB-1450 Vehicle weight fees: exemptions: pick-up trucks.(2017-2018)

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Date Published: 04/03/2018 09:00 PM
SB1450:v98#DOCUMENT

Amended  IN  Senate  April 03, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1450


Introduced by Senator Gaines
(Coauthors: Senators Bates and Stone)

February 16, 2018


An act to amend Sections 9400 and 9400.1 of, and to add Section 9401.5 to, the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


SB 1450, as amended, Gaines. Vehicle weight fees: exemptions: pick-up trucks.
Under existing law, in addition to vehicle registration fees, an annual fee based upon vehicle weight is imposed on commercial motor vehicles.
Existing law applies these provisions to pickup trucks and provides that whenever a camper is temporarily attached to a motor vehicle, as specified, vehicle designed to transport property, it is deemed a load and the fees imposed are based on the unladen weight of the motor vehicle, exclusive of the camper.
This bill would exempt pick-up trucks from weight fee requirements, and requirements. The bill would provide that whenever a camper is temporarily attached to a motor vehicle designed to transport property and is specifically designated for commercial purposes, it is deemed a load and subject to the imposition of weight fees based on the unladen weight of the motor vehicle. The bill would also make conforming changes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 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 that operates with unladen weight. Whenever a camper is temporarily attached to a motor vehicle designed to transport property, property and is specifically designated for commercial purposes, 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 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) 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.
(f) 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. 2.

 Section 9400.1 of the Vehicle Code is amended to read:

9400.1.
 (a) (1) In addition to any other required fee, there shall be paid the fees set forth in this section for the registration of commercial motor vehicles operated either singly or in combination with a declared gross vehicle weight of 10,001 pounds or more. Electric vehicle weight fees are not calculated under this section.
(2) The weight of a vehicle issued an identification plate pursuant to an application under Section 5014, and the weight of an implement of husbandry as defined in Section 36000, shall not be considered when calculating, pursuant to this section, the declared gross vehicle weight of a towing commercial motor vehicle that is owned and operated exclusively by a farmer or an employee of a farmer in the conduct of agricultural operations.
(3) Tow trucks that are utilized to render assistance to the motoring public or to tow or carry impounded vehicles shall pay fees in accordance with this section, except that the fee calculation shall be based only on the gross vehicle weight rating of the towing or carrying vehicle. Upon each initial or transfer application for registration of a tow truck described in this paragraph, the registered owner or lessee or that owner’s or lessee’s designee, shall certify to the department the gross vehicle weight rating of the tow truck:
Gross Vehicle Weight Range
Fee
10,001–15,000  ........................
$ 257
15,001–20,000  ........................
 353
20,001–26,000  ........................
 435
26,001–30,000  ........................
 552
30,001–35,000  ........................
 648
35,001–40,000  ........................
 761
40,001–45,000  ........................
 837
45,001–50,000  ........................
 948
50,001–54,999  ........................
 1,039
55,000–60,000  ........................
 1,173
60,001–65,000  ........................
 1,282
65,001–70,000  ........................
 1,398
70,001–75,000  ........................
 1,650
75,001–80,000  ........................
 1,700
(b) The fees specified in subdivision (a) apply to both of the following:
(1) An initial or original registration occurring on or after December 31, 2001, to December 30, 2003, inclusive, of a commercial motor vehicle operated either singly or in combination with a declared gross vehicle weight of 10,001 pounds or more.
(2) The renewal of registration of a commercial motor vehicle operated either singly or in combination, with a declared gross vehicle weight of 10,001 pounds or more for which registration expires on or after December 31, 2001, to December 30, 2003, inclusive.
(c) (1) For both an initial or original registration occurring on or after December 31, 2003, of a commercial motor vehicle operated either singly or in combination with a declared gross vehicle weight of 10,001 pounds or more, and the renewal of registration of a commercial motor vehicle operated either singly or in combination, with a declared gross vehicle weight of 10,001 pounds or more for which registration expires on or after December 31, 2003, there shall be paid fees as follows:
Gross Vehicle Weight Range
Weight Code
Fee 
10,001–15,000
A
$ 332
15,001–20,000
B
 447
20,001–26,000
C
 546
26,001–30,000
D
 586
30,001–35,000
E
 801
35,001–40,000
F
 937
40,001–45,000
G
1,028
45,001–50,000
H
1,161
50,001–54,999
I
1,270
55,000–60,000
J
1,431
60,001–65,000
K
1,562
65,001–70,000
L
1,701
70,001–75,000
M
2,004
75,001–80,000
N
2,064
(2) For the purpose of obtaining “revenue neutrality” as described in Sections 1 and 59 of Senate Bill 2084 of the 1999–2000 Regular Session (Chapter 861 of the Statutes of 2000), the Director of Finance shall review the final 2003–04 Statement of Transactions of the State Highway Account. If that review indicates that the actual truck weight fee revenues deposited in the State Highway Account do not total at least seven hundred eighty-nine million dollars ($789,000,000), the Director of Finance shall instruct the department to adjust the schedule set forth in paragraph (1), but not to exceed the following fee amounts:
Gross Vehicle Weight Range
Weight Code
Fee 
10,001–15,000
A
$ 354
15,001–20,000
B
 482
20,001–26,000
C
 591
26,001–30,000
D
 746
30,001–35,000
E
 874
35,001–40,000
F
1,024
40,001–45,000
G
1,125
45,001–50,000
H
1,272
50,001–54,999
I
1,393
55,000–60,000
J
1,571
60,001–65,000
K
1,716
65,001–70,000
L
1,870
70,001–75,000
M
2,204
75,001–80,000
N
2,271
(d) (1) In addition to the fees set forth in subdivision (a), 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, 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 not be proportionately reduced for each month and shall be transferred to the Motor Carriers Safety Improvement Fund.
(e) Notwithstanding Section 42270 or any other provision of law, of the moneys collected by the department under this section, one hundred twenty-two dollars ($122) for each initial, original, and renewal registration shall be reported monthly to the Controller, and at the same time, deposited in the State Treasury to the credit of the Motor Vehicle Account in the State Transportation Fund. All other moneys collected by the department under this section shall be deposited to the credit of the State Highway Account in the State Transportation Fund, or directly to the credit of the Transportation Debt Service Fund as provided in paragraph (2) of subdivision (c) of Section 9400.4, as applicable. One hundred twenty-two dollars ($122) of the fee imposed under this section shall not be proportionately reduced for each month. For vehicles registered under Article 4 (commencing with Section 8050) of Chapter 4, the fee shall be apportioned as required for registration under that article.
(f) (1) The department, in consultation with the Department of the California Highway Patrol, shall design and make available a set of distinctive weight decals that reflect the declared gross combined weight or gross operating weight reported to the department at the time of initial registration, registration renewal, or when a weight change is reported to the department pursuant to Section 9406.1. A new decal shall be issued on each renewal or when the weight is changed pursuant to Section 9406.1. The decal for a tow truck that is subject to this section shall reflect the gross vehicle weight rating or weight code.
(2) The department may charge a fee, not to exceed ten dollars ($10), for the department’s actual cost of producing and issuing each set of decals issued under paragraph (1).
(3) The weight decal shall be in sharp contrast to the background and shall be of a size, shape, and color that is readily legible during daylight hours from a distance of 50 feet.
(4) Each vehicle subject to this section shall display the weight decal on both the right and left sides of the vehicle.
(5) A person may not display upon a vehicle a decal issued pursuant to this subdivision that does not reflect the declared weight reported to the department.
(6) Notwithstanding subdivision (e) or any other provision of law, the moneys collected by the department under this subdivision shall be deposited in the State Treasury to the credit of the Motor Vehicle Account in the State Transportation Fund.
(7) This subdivision shall apply to vehicles subject to this section at the time of an initial registration, registration renewal, or reported weight change that occurs on or after July 1, 2004.
(8) The following shall apply to vehicles registered under the permanent fleet registration program pursuant to Article 9.5 (commencing with Section 5301) of Chapter 1:
(A) The department, in consultation with the Department of the California Highway Patrol, shall distinguish the weight decals issued to permanent fleet registration vehicles from those issued to other vehicles.
(B) The department shall issue the distinguishable weight decals only to the following:
(i) A permanent fleet registration vehicle that is registered with the department on January 1, 2005.
(ii) On and after January 1, 2005, a vehicle for which the department has an application for initial registration as a permanent fleet registration vehicle.
(iii) On and after January 1, 2005, a permanent fleet registration vehicle that has a weight change pursuant to Section 9406.1.
(C) The weight decal issued under this paragraph shall comply with the applicable provisions of paragraphs (1) to (6), inclusive.

SEC. 3.

 Section 9401.5 is added to the Vehicle Code, to read:

9401.5.
 Notwithstanding any law, for new registrations or renewals made on and after January 1, 2019, pick-up trucks are exempt from the vehicle weight fees set forth in this article.