Motor Vehicle Account - - CA Vehicle

Section § 42270

The California Department of Motor Vehicles and the Highway Patrol must report their collected fees and penalties to the Controller every month and deposit them into a specific state fund. This fund is used for transportation purposes. Penalties collected are distributed based on a specific formula tied to certain fees. If any penalties or fees can't be allocated in this way, they're distributed based on past allocations and need periodic review for adjustments. Any fee not allocated within a year goes to designated transportation accounts according to past revenue distributions.

(a) The Department of Motor Vehicles and the Department of the California Highway Patrol each shall file, at least monthly with the Controller, a report of money received by the department covering all fees for applications accepted by the department and all other moneys received by the department under this code and, at the same time, shall remit all money so reported to the Treasurer. On order of the Controller, the Treasurer shall deposit in the Motor Vehicle Account in the State Transportation Fund, into which is merged the Motor Vehicle Account in the Transportation Tax Fund, all moneys so reported and remitted.

Any reference in any law or regulation to the Motor Vehicle Fund, or to the Motor Vehicle Account in the Transportation Tax Fund, shall be deemed to refer to the Motor Vehicle Account in the State Transportation Fund, which is created by subdivision (a) of Section 42271.

(b) The amount of any penalties collected by the department pursuant to Sections 9553 and 9554 of this code and Sections 10770 and 10854 of the Revenue and Taxation Code shall, for purposes of subdivision (a), be deemed to be a percentage of the weight fee, registration fee, and vehicle license fee obtained when applying the total of these fees collected, excluding use tax, against the individual weight fees, registration fees, and vehicle license fees collected on each application. Penalties which cannot be allocated in accordance with this subdivision shall be allocated according to subdivision (c).

(c) The amount of any penalties collected by the department, as provided in Sections 9553 and 9554 of this code and Sections 10770 and 10854 of the Revenue and Taxation Code which cannot be allocated in accordance with subdivision (b), shall, for the purposes of subdivision (a), be deemed to be a percentage of the total fees allocated under this section and under Section 11001 of the Revenue and Taxation Code equal to that percentage of the ratio based on the fees previously allocated under this section and under Section 11001 of the Revenue and Taxation Code in the fiscal year preceding the calendar year for which the penalties are to be allocated. That ratio shall be reevaluated periodically and shall be adjusted to reflect any change in the fee structure that may be provided in this code or in Part 5 (commencing with Section 10701) of Division 2 of the Revenue and Taxation Code.

(d) Whenever any fee paid to the department has not been allocated within one year of the date of collection, the fee shall be allocated to the Motor Vehicle License Fee Account in the Transportation Tax Fund, and the Motor Vehicle Account and the State Highway Account in the State Transportation Fund, in proportion to the revenue allocated to those accounts by the department in the previous fiscal year.

Motor Vehicle Account State Transportation Fund fee allocation penalties distribution Controller reporting DMV fees California Highway Patrol revenue allocation formula unallocated fees Treasurer deposit Transportation Tax Fund motor vehicle fees allocation review fee remittance weight fee ratio

(Amended by Stats. 1986, Ch. 693, Sec. 1.)

Section § 42271

This section establishes the Motor Vehicle Account within the State Transportation Fund in California. Funds in this account are used by the Department of Motor Vehicles (DMV) for vehicle-related tasks and enforcement of highway laws. Peace officers in the department can use these funds to buy fake vehicle documents for investigative purposes; their identities can be kept secret if revealing them could harm the investigation. The California Highway Patrol can also access these funds for enforcement activities, using up to $100,000 without detailed receipts upfront, but must account for this money each fiscal year with proper documentation submitted for auditing.

(a) The Motor Vehicle Account in the State Transportation Fund is hereby created.

(b) The moneys deposited to the credit of the Motor Vehicle Account in the State Transportation Fund which are appropriated in the Budget Act or any other appropriation act for the support of or expenditure by the Department of Motor Vehicles shall be expended by the department in carrying out the provisions of this code and in enforcing any other laws relating to vehicles or the use of highways.

Regularly employed peace officers of the department may, when authorized by the director, expend such sums as authorized for the purchase of counterfeit, false, forged, or fictitious certificates of ownership, registration card, certificate, license or special plate or permit, or driver’s license provided for by this code as evidence, or for expenditures related to the procurement of such evidence, or for expenditures made to investigate other violations of laws administered by the department. When approved by the director, the identity of a peace officer who submits a claim need not be disclosed if the disclosure might materially prejudice the investigation.

The sums so expended shall be repaid to the peace officer making the expenditure upon claims approved by the director. The claims, when approved, shall be paid out of funds appropriated or made available by law for the support of the department.

(c) The moneys deposited to the credit of the Motor Vehicle Account in the State Transportation Fund which are appropriated in the Budget Act or any other appropriation act for the support of or expenditure by the Department of the California Highway Patrol shall be expended by the department in carrying out the provisions of this code and in enforcing any other laws relating to vehicles or the use of highways. The Department of the California Highway Patrol may draw, without at the time furnishing vouchers and itemized statements, sums not to exceed in the aggregate one hundred thousand dollars ($100,000), the sums so drawn to be used as a revolving fund where cash advances are necessary. At the close of each fiscal year, the moneys so drawn shall be accounted for and substantiated by vouchers and itemized statements submitted to and audited by the State Controller.

Motor Vehicle Account State Transportation Fund Department of Motor Vehicles vehicle enforcement peace officers counterfeit vehicle documents California Highway Patrol highway laws revolving fund fiscal year audit identity protection investigations procurement of evidence Budget Act appropriations State Controller audit

(Amended by Stats. 1978, Ch. 669.)

Section § 42272

In the 2012-13 fiscal year, California's Director of Finance instructed the Controller to loan $432.2 million from the Motor Vehicle Account to the General Fund. This loan was required to be paid back to the Motor Vehicle Account by June 30, 2016.

For the 2012–13 fiscal year, upon order of the Director of Finance, the Controller shall transfer four hundred thirty-two million two hundred thousand dollars ($432,200,000) from the Motor Vehicle Account to the General Fund as a loan, provided that the loan shall be repaid. The Director of Finance shall order the repayment by the Controller of that four hundred thirty-two million two hundred thousand dollars ($432,200,000) to the Motor Vehicle Account no later than June 30, 2016.

Director of Finance Controller loan Motor Vehicle Account General Fund repayment fiscal year 2012-13 June 30 2016 budget transfer financial management state funds loan public funds California state finance budgeting Fiscal Year Loan

(Added by Stats. 2012, Ch. 22, Sec. 8. (AB 1465) Effective June 27, 2012.)

Section § 42273

Every month, by the 10th, any leftover money in the Motor Vehicle Account from the previous month, after necessary refunds and expenses, should be moved to the State Highway Account. This transfer happens if the funds aren't needed right away and is ordered by the State Controller.

By the 10th day of each calendar month, the balance remaining to the credit of the Motor Vehicle Account in the State Transportation Fund at the close of business on the last day of the preceding calendar month, after payments of refunds and administration and enforcement, that is not needed for immediate use from the Motor Vehicle Account shall, on order of the State Controller, be transferred to the credit of the State Highway Account in the State Transportation Fund.

Motor Vehicle Account State Transportation Fund State Highway Account fund transfer State Controller monthly process balance transfer public funds transportation funding refund payments administration costs immediate use account balance

(Amended by Stats. 1978, Ch. 669.)

Section § 42275

This law allows the State Controller to return funds from the State Highway Account back to the Motor Vehicle Account. This can happen after a 15-day notice period and it's specifically for covering costs that were mistakenly charged to the Motor Vehicle Account.

Notwithstanding Section 42273, the State Controller may, after at least 15 days’ prior notice, transfer back to the Motor Vehicle Account in the State Transportation Fund amounts transferred to the State Highway Account in the State Transportation Fund pursuant to that section to pay costs incurred against other appropriations from the Motor Vehicle Account.

State Controller Motor Vehicle Account State Highway Account State Transportation Fund fund transfer 15-day prior notice cost reimbursement account adjustment financial management pursuant transfers appropriations transportation funding budget correction

(Amended by Stats. 1978, Ch. 669.)

Section § 42276

Every four years, starting in 1985, the Secretary of the Business, Transportation and Housing Agency must report to the Legislature. This report reviews the fees related to vehicles and suggests changes if needed to ensure enough money is collected to support government operations funded by these fees.

Not later than January 10, 1985, and not later than January 10th of each four-year period thereafter, the Secretary of the Business, Transportation and Housing Agency shall submit a report to the Legislature on a study of the fees imposed under this code, including any finding or recommendation on changes in the fees necessary to generate sufficient revenues for the Motor Vehicle Account in the State Transportation Fund to finance those operations of state government to be financed from those revenues.

Secretary of Business Transportation and Housing Agency report to Legislature vehicle fees revenue generation Motor Vehicle Account State Transportation Fund fee recommendations government operations funding fee study four-year cycle legislative report sufficient revenues finance operations

(Added by Stats. 1981, Ch. 541, Sec. 39. Effective September 17, 1981.)

Section § 42277

This law states that the money in the Motor Vehicle Account, which is part of the State Transportation Fund, cannot be used to pay for automobile driver training.

No money in the Motor Vehicle Account in the State Transportation Fund may be expended for automobile driver training.

Motor Vehicle Account State Transportation Fund driver training funding restrictions automobile driver education state fund allocation financial limitation vehicle account expenditure training expenses transportation budget fund usage prohibition driver education funding state transportation resources budget allocation state financial policy

(Added by Stats. 1984, Ch. 94, Sec. 1.)