2007 California Vehicle Code Article 9. Identification Fees

CA Codes (veh:38225-38265)

VEHICLE CODE

SECTION 38225-38265




38225.  (a) A service fee of seven dollars () shall be paid to the
department for the issuance or renewal of identification of
off-highway motor vehicles subject to identification, except as
expressly exempted under this division.
   (b) In addition to the service fee required by subdivision (a), a
special fee of thirty-three dollars () shall be paid at the time
of payment of the service fee for the issuance or renewal of an
identification plate or device.
   (c) All money transferred pursuant to Section 8352.6 of the
Revenue and Taxation Code, all fees received by the department
pursuant to subdivision (b), and all day use, overnight use, or
annual or biennial use fees for state vehicular recreation areas
received by the Department of Parks and Recreation shall be deposited
in the Off-Highway Vehicle Trust Fund, which is hereby created.
There shall be a separate reporting of special fee revenues by
vehicle type, including four-wheeled vehicles, all-terrain vehicles,
motorcycles, and snowmobiles. All money shall be deposited in the
fund, and, upon appropriation by the Legislature, shall be allocated
according to Section 5090.61 of the Public Resources Code.
   (d) Any money temporarily transferred by the Legislature from the
Off-Highway Vehicle Trust Fund to the General Fund shall be
reimbursed, without interest, by the Legislature within two fiscal
years of the transfer.
   (e) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date. Any unencumbered funds remaining in the Off-Highway
Vehicle Trust Fund on January 1, 2018, shall be transferred to the
General Fund.


38225.4.  In addition to the service fees specified in subdivision
(a) of Section 38225, as amended by Section 6 of Chapter 964 of the
Statutes of 1992, a fee of three dollars () shall be paid at the
time of issuance or renewal of identification of off-highway motor
vehicles subject to identification, except as expressly exempted
under this division.  The department shall deposit the fee received
under this section in the Motor Vehicle Account in the State
Transportation Fund.  The money deposited in the account pursuant to
this section shall be available, upon appropriation by the
Legislature, for expenditure to offset the costs of maintaining the
uniformed field strength of the Department of the California Highway
Patrol.



38225.5.  In addition to the service fees specified in Section
38225, a fee of three dollars () shall be paid at the time of
issuance or renewal of identification of off-highway vehicles subject
to identification, except as expressly exempted under this division.
  The department shall deposit the fee received under this section in
the Motor Vehicle Account in the State Transportation Fund.  The
money deposited in the account pursuant to this section shall be
available, upon appropriation by the Legislature, for expenditure to
offset the costs of increasing the uniformed field strength of the
Department of the California Highway Patrol beyond its 1994 staffing
level and those costs associated with maintaining this new level of
uniformed field strength and carrying out those duties specified in
subdivision (a) of Section 830.2 of the Penal Code.



38230.  In addition to the fees imposed by Section 38225, there
shall be paid a four-dollar () fee for the issuance or renewal of
identification for every off-highway motor vehicle subject to
identification.  The fee imposed by this section is in lieu of all
taxes according to value levied for state or local purposes.




38231.  The fees for a special permit issued under Section 38087
shall be the prevailing identification fees as set forth in Sections
38225 and 38230 and shall be deposited and distributed as are
identification fees under this chapter.


38231.5.  (a) The fee for a special permit issued under Section
38087.5 shall be not less than twenty dollars (), as established
by the Department of Parks and Recreation.  The Department of Parks
and Recreation may adjust the special permit fee for a permit issued
to a nonresident of this state under Section 38087.5, as necessary,
to recover the costs of this program.  After deducting its
administrative and vendor costs, the Department of Parks and
Recreation shall deposit the fees received under this section in the
Off-Highway Vehicle Trust Fund.  Money in the fund shall be
allocated, upon appropriation, as provided in Sections 5090.50 and
5090.64 of the Public Resources Code.
   (b) The Department of Parks and Recreation shall print the special
permits required by Section 38087.5 and shall supervise the sale of
those permits throughout the state.
   (c) The Department of Parks and Recreation shall either distribute
and sell the special permits directly or contract with vendors
according to rules and regulations established by that department.
The vendors shall receive a commission in an amount not to exceed 5
percent of the fee imposed pursuant to subdivision (a) for each
special permit sold.  The Department of Parks and Recreation may
solicit the participation of qualified retail commercial enterprises
engaged in the sale or rental of off-highway vehicles, equipment,
accessories, or supplies to act as authorized vendors of the special
permits and may authorize local and federal agencies that provide
off-highway vehicle opportunities to act as authorized vendors of the
special permits.



38232.  A special fee of fifteen dollars () shall be paid to the
department for the issuance of a special transportation
identification device issued pursuant to Section 38088 and shall be
deposited in the Motor Vehicle Account in the Transportation Tax
Fund.  The fee is in lieu of the fees provided in Section 38225.




38235.  All money collected by the department under Section 38230
shall be reported monthly to the Controller and at the same time be
deposited in the State Treasury to the credit of the Off-Highway
License Fee Fund, which is hereby created.




38240.  (a) The Controller shall allocate the fees collected under
Section 38230 in July and January of each fiscal year to cities and
counties based upon the proportional estimated off-highway motor
vehicle use and related activity within the respective jurisdictions
pursuant to the report described in subdivision (d) of Section
5090.15 of the Public Resources Code.
   (b) The funds collected under Section 38230 shall be used for the
purposes set forth in Sections 5090.50 and 5090.64 of the Public
Resources Code.
   (c) In addition to the purposes set forth in subdivision (b),
funds received by a city or county pursuant to this section may be
expended for facilities located outside the limits of the city or
county if both of the following conditions are met:
   (1) The funds are expended for the purposes of acquiring,
developing, and constructing trails, areas, or other facilities for
the use of off-highway motor vehicles.
   (2) The funds are expended pursuant to an agreement with the city
in which the facility is located or with the county in which the
facility is located if the facility is located in an unincorporated
territory.
   (d) This section shall become operative on January 1, 2006.




38241.  Any city, county, or city and county may apply to the
population research unit of the Department of Finance to estimate its
population.  The department may make the estimate if in the opinion
of the department there is available adequate information upon which
to base the estimate.  Not less than 25 days nor more than 30 days
after the completion of the estimate, the Department of Finance shall
file a certified copy thereof with the Controller if the estimate is
greater than the current certified population.  This certification
may be made once each fiscal year.
   All payments under Section 38240 for any allocation subsequent to
the filing of the estimate shall be based upon the population so
estimated until a subsequent certification is made by the Department
of Finance or a subsequent federal decennial census is made.
   Population changes based on a federal or state special census or
estimate validated by the Department of Finance shall be accepted by
the Controller only if certified to him or her at the request of the
Department of Finance.  The request shall be made only if the census
or estimate is greater than the current certified population and
shall become effective on the first day of the month following
receipt of the certification.
   The Department of Finance may assess a reasonable charge, not to
exceed the actual cost thereof, for the preparation of population
estimates pursuant to this section, which is a proper charge against
the city, county or city and county applying therefor.  The amount
received shall be deposited in the State Treasury as a reimbursement
to be credited to the appropriation from which the expenditure is
made.
   As of May 1, 1988, any population estimate prepared by the
Department of Finance pursuant to Section 2227 of the Revenue and
Taxation Code may be used for all purposes of this section unless a
written request not to certify is received by the department from the
city, city and county, or county within 25 days of completion of the
estimate.
   This section shall remain in effect only until January 1, 2006,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2006, deletes or extends that date.




38245.  Whenever an off-highway motor vehicle subject to
identification is operated or transported in this state without the
fees required by this division having first been paid, the fee is
delinquent.


38246.  (a) A penalty shall be added upon any application for
renewal of identification made on or after the day following the
expiration date, except as provided in Section 4605, 38121, or 38247.

   (b) If the fee specified in subdivision (a) or (b) of Section
38255 is not paid within 10 days after the fee becomes delinquent, a
penalty shall be assessed.
   (c) If renewal fee penalties have not accrued and the ownership of
the vehicle is transferred, the transferee has 20 days from the date
of transfer to pay the identification fees that become due without
payment of any penalties that would otherwise be required under
subdivision (a) or to file a certificate of nonoperation pursuant to
subdivision (a) of Section 38121, if the vehicle will not be
operated, used, or transported on public property or private property
in a manner so as to subject the vehicle to identification during
the subsequent identification period without first making application
for identification of the vehicle, including full payment of all
fees.
   (d) Except as otherwise provided in this section, if any fee is
not paid within 20 days after the fee becomes delinquent, a penalty
shall be assessed.


38247.  (a) When a transferee or purchaser of a vehicle applies for
transfer of identification, as provided in Section 38025, and it is
determined by the department that penalties accrued prior to the
purchase of the vehicle, and that the transferee or purchaser was not
cognizant of the nonpayment of the fees for identification for the
current or prior identification years, the department may waive the
identification penalties upon payment of the fees for identification
due.
   (b) Other provisions of this code notwithstanding, the director
may at his discretion investigate into the circumstances of any
application for identification to ascertain if penalties had accrued
through no fault or intent of the owner.  Provided such circumstances
prevail, the director may waive any penalties upon payment of the
fees for identification then due.
   (c) When a transferee or purchaser of a vehicle applies for
transfer of identification of a vehicle, and it is determined by the
department that fees for identification of the vehicle for any year
are unpaid and due, that such fees became due prior to the purchase
of the vehicle by the transferee or purchaser and that the transferee
or purchaser was not cognizant of the fact that such fees were
unpaid and due, the department may waive such fees and any penalty
thereon when the identification fees due for the vehicle for the
current year are paid.
   (d) Upon the transfer of a vehicle for which fees for
identification and any penalties thereon are unpaid and due, such
fees and penalties are, notwithstanding the provisions of Article 6
(commencing with Section 9800) of this chapter, the personal debt of
the transferor of the vehicle who did not pay such fees and penalties
when they became due or accrued.  Such fees and penalties may be
collected by the department in an appropriate civil action if the
department has waived such fees and penalties pursuant to subdivision
(c).



38250.  Whenever any person has received as transferee a properly
endorsed certificate of ownership and the transfer fee has not been
paid as required by this division within 10 days, the fee is
delinquent.


38255.  Upon application for transfer of ownership or any interest
of an owner, or legal owner in or to any off-highway motor vehicle
identified under this division, there shall be paid the following
fees:


   (a) For a transfer by the owner .......................   
   (b) For a transfer by the legal owner .................   
   (c) When application is presented showing a transfer by
       both the owner and legal owner ....................   



38260.  Upon application for a duplicate ownership certificate or
identification certificate, or a duplicate or substitute
identification plate or device, or any other tabs, stickers, or
devices, there shall be paid a fee in the amount of fifteen dollars
().



38265.  (a) The penalty for delinquency in respect to any transfer
shall be fifteen dollars (), and shall apply only to the last
transfer.
   (b) The penalty for delinquency in respect to the fees imposed by
Sections 38225 and 38230 shall be equal to one-half the fee after it
has been computed.

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