California 2009-2010, 3rd Special Session Status: Passed Senate

SB 31 — Fuel user fee: vehicle fees.

Last action — From Assembly without further action.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010, 3rd Special Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) Existing law imposes a levy of $0.18 per gallon on motor vehicle fuel, commonly referred to as gasoline, and on diesel fuel, the revenues from which are deposited in the Motor Vehicle Fuel Account in the Transportation Tax Fund. Under Article XIX of the California Constitution, the portion of these revenues that is derived from use in motor vehicles upon public streets and highways is restricted for expenditure on streets and highways and for certain mass transit guideway purposes. The Fee Collection Procedures Law, the violation of which is a crime, provides procedures for the collection of certain fees and surcharges. This bill would, commencing on and after October 1, 2009, impose a user fee, as defined, of $0.18 cents per gallon of fuel, as defined, purchased by a user, as defined. The bill would also require a supplier or retailer to be licensed with the board, as specified. The bill would require a retailer to collect the user fee from each user, at the time the fuel is sold to the user, and would require the user fee to be precollected by a supplier, as specified. This bill would require revenues from the fee and related penalties to be deposited in the Motor Vehicle Fuel Account in the Transportation Tax Fund, which would be continued in existence as the Transportation Revenue Fund, and would limit the expenditure of the money deposited in the fund to specified purposes, consistent with the requirements under law for a user fee of this nature. The bill would require the State Board of Equalization to administer the user fees as specified, and would require the fee to be collected pursuant to the procedures set forth in the Fee Collection Procedures Law. This bill would also impose other related provisions. This bill would also require certain certificates issued related to the fee to be signed under penalty of perjury, and would make certain acts related to exemption certificates a misdemeanor. Because this bill would expand the scope of the Fee Collection Procedures Law, the violation of which is a crime, and would create additional crimes, it would impose a state-mandated local program. (2) Existing law establishes as base fee amounts certain driver's license and identification card fees imposed by the Department of Motor Vehicles pursuant to specified provisions of the Vehicle Code. Existing law requires, on January 1 of every year, the department to adjust those base fee amounts by increasing each fee in an amount equal to the increase in the California Consumer Price Index for the prior year, as calculated by the Department of Finance, with amounts equal to or greater than $0.50 rounded to the next highest whole dollar. Existing law also provides that a statutory increase to the fees is deemed to be a change to the base fee. This bill would include within this scheme specified fee provisions applicable to restricted firefighter licenses and commercial driver's licenses and would increase, on and after October 1, 2009, or the effective date of this act, whichever is later, the amount of these and other fees subject to this scheme. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. (4) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 19, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 19, 2008, pursuant to the California Constitution.

Bill Text

Action History

  1. From Assembly without further action.

  2. In Assembly. Read first time. Held at Desk.

  3. Read third time. Passed. (Ayes 23. Noes 16. Page 189.) To Assembly.

  4. Senate Rule 29.3 suspended. (Ayes 23. Noes 13. Page 183.)

  5. Placed on third reading.

  6. From committee: Do pass. (Ayes 23. Noes 14. Page 193.)

  7. (Ayes 25. Noes 12. Page 182.)

  8. Re-referred to Com. on B. & F.R. pursuant to Joint Rule 10.5.

  9. Read third time. Amended. (Ayes 23. Noes 13. Page 181.)

  10. Read second time. To third reading.

  11. Placed on second reading file.

  12. Withdrawn from committee.

  13. Introduced. Read first time. To Com. on RLS.

Sponsors

  • Ducheny · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 1 voted No

Sponsors (1)

  • Ducheny

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do pass.

Passed 24 Yea · 14 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 211303
Democratic 3000
Republican 0100
Total 241403
% of votes cast 59%34%0%7%
How each member voted (41)
Member Party Vote
Wyland — Nay
Cogdill — Nay
Corbett — Yea
Correa — Not Voting
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Yee — Yea
Cedillo — Yea
Negrete — Yea
Florez — Yea
Hancock — Yea
Runner — Nay
Huff — Nay
Ducheny — Yea
Dutton — Nay
Kehoe — Yea
Leno — Yea
McLeod — Yea
Alquist — Yea
Ashburn — Nay
Oropeza — Yea
Pavley — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Yea
Wolk — Not Voting
Aanestad — Not Voting
Benoit — Nay
Harman — Nay
Hollingsworth — Nay
Liu — Yea
Maldonado — Nay
Price — Yea
Walters — Nay
Wright — Yea
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Senate 3rd Reading SB31 Ducheny

Passed 23 Yea · 16 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 201502
Democratic 3000
Republican 0100
Total 231602
% of votes cast 56%39%0%5%
How each member voted (41)
Member Party Vote
Wyland — Nay
Leno — Yea
Liu — Yea
Corbett — Yea
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Yee — Yea
Cedillo — Yea
Ducheny — Yea
Hancock — Yea
Kehoe — Yea
Alquist — Yea
Runner — Nay
Negrete — Not Voting
Cogdill — Nay
Correa — Nay
Cox — Nay
Hollingsworth — Nay
McLeod — Not Voting
Aanestad — Nay
Ashburn — Nay
Benoit — Nay
Dutton — Nay
Pavley — Yea
Romero — Yea
Steinberg — Yea
Walters — Nay
Wolk — Yea
Wright — Yea
Harman — Nay
Huff — Nay
Maldonado — Nay
Oropeza — Yea
Price — Yea
Simitian — Yea
Wiggins — Yea
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Subjects

taxation transportation
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Frequently asked questions

What does SB 31 do?
(1) Existing law imposes a levy of $0.18 per gallon on motor vehicle fuel, commonly referred to as gasoline, and on diesel fuel, the revenues from which are deposited in the Motor Vehicle Fuel Account in the Transportation Tax Fund. Under Article XIX of the California Constitution, the portion of these revenues that is derived from use in motor vehicles upon public streets and highways is restricted for expenditure on streets and highways and for certain mass transit guideway purposes. The Fee Collection Procedures Law, the violation of which is a crime, provides procedures for the collection of certain fees and surcharges. This bill would, commencing on and after October 1, 2009, impose a user fee, as defined, of $0.18 cents per gallon of fuel, as defined, purchased by a user, as defined. The bill would also require a supplier or retailer to be licensed with the board, as specified. The bill would require a retailer to collect the user fee from each user, at the time the fuel is sold to the user, and would require the user fee to be precollected by a supplier, as specified. This bill would require revenues from the fee and related penalties to be deposited in the Motor Vehicle Fuel Account in the Transportation Tax Fund, which would be continued in existence as the Transportation Revenue Fund, and would limit the expenditure of the money deposited in the fund to specified purposes, consistent with the requirements under law for a user fee of this nature. The bill would require the State Board of Equalization to administer the user fees as specified, and would require the fee to be collected pursuant to the procedures set forth in the Fee Collection Procedures Law. This bill would also impose other related provisions. This bill would also require certain certificates issued related to the fee to be signed under penalty of perjury, and would make certain acts related to exemption certificates a misdemeanor. Because this bill would expand the scope of the Fee Collection Procedures Law, the violation of which is a crime, and would create additional crimes, it would impose a state-mandated local program. (2) Existing law establishes as base fee amounts certain driver's license and identification card fees imposed by the Department of Motor Vehicles pursuant to specified provisions of the Vehicle Code. Existing law requires, on January 1 of every year, the department to adjust those base fee amounts by increasing each fee in an amount equal to the increase in the California Consumer Price Index for the prior year, as calculated by the Department of Finance, with amounts equal to or greater than $0.50 rounded to the next highest whole dollar. Existing law also provides that a statutory increase to the fees is deemed to be a change to the base fee. This bill would include within this scheme specified fee provisions applicable to restricted firefighter licenses and commercial driver's licenses and would increase, on and after October 1, 2009, or the effective date of this act, whichever is later, the amount of these and other fees subject to this scheme. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. (4) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 19, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 19, 2008, pursuant to the California Constitution.
Who sponsors SB 31?
SB 31 is sponsored by Ducheny.
What is the current status of SB 31?
This bill died with 2009-2010, 3rd Special Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 31?
Track SB 31 free on One Click Politics — get push/email alerts when it moves.

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