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California Local Motor Vehicle Fuel Taxation Law

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California Local Motor Vehicle Fuel Taxation Law
CALIFORNIA
STATE BOARD
OF EQUALIZATION
BETTY T. YEE
First District
San Francisco
BILL LEONARD
Second District
Ontario/Sacramento
MICHELLE STEEL
Third District
Rolling Hills Estates
California
Local Motor
Vehicle Fuel
Taxation Law
Revenue and Taxation Code
Part 4 of Division 2
JEROME E. HORTON
Fourth District
Los Angeles
JOHN CHIANG
State Controller
RAMON J. HIRSIG
Executive Director
Sacramento
January 2010
Laws Enacted Through
December 31, 2003
Note: This publication was reviewed on
December 29, 2009, and is current as of
that date.
Publication No. 59 • LDA
LOCAL MOTOR VEHICLE
FUEL
TAXATION LAW
LOCAL MOTOR VEHICLE FUEL TAXATION
3
CONTENTS
PART 4.
LOCAL MOTOR VEHICLE FUEL TAXATION
Section 9501
Imposition of tax ...............................................................
9502
Requirements; Voter approval ...........................................
9502.5 Allocation of Proceeds; Los Angeles County ...................
9503
Administration; Required Contract with Board ................
9504
Board Authorization to Adopt Rules and Regulations ......
9505
Transmittal of Taxes to County and Cities ........................
9506
Required Provisions ..........................................................
9507
Expenditure of Net Revenues ...........................................
Index .....................................................................................................................
Page
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LOCAL MOTOR VEHICLE FUEL TAXATION
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LOCAL MOTOR VEHICLE FUEL TAXATION
(Part 4, Division 2, Revenue and Taxation Code *)
Enacted by Statutes of 1981, Chapter 541, amended Statutes 1981, Chapter 790. Statutes 1982, Chapters 1085 and 1589.
PART 4. LOCAL MOTOR VEHICLE FUEL TAXATION
§ 9501.
§ 9502.
§ 9502.5.
§ 9503.
§ 9504.
§ 9505.
§ 9506.
§ 9507.
Imposition of tax.
Requirements; voter approval.
Allocation of proceeds; Los Angeles County.
Administration; required contract with Board.
Board authorization to adopt rules and regulations.
Transmittal of taxes to county and cities.
Required provisions.
Expenditure of net revenues.
9501. Imposition of tax. (a) Except as specified in subdivision (c), in
addition to taxes imposed pursuant to Chapter 5 (commencing with Section
99500) of Part 11 of Division 10 of the Public Utilities Code, Part 2 (commencing
with Section 7301), Part 3 (commencing with Section 8601), and Part 31
(commencing with Section 60001) of this division, on motor vehicle fuel, a
tax may be imposed by a county on a countywide basis in accordance with
this part.
(b) The tax shall be imposed in increments of one cent ($0.01) per gallon
or, in the case of compressed natural gas, one cent ($0.01) per 100 cubic feet
as measured at standard pressure and temperature.
(c) No tax shall be imposed under this part on fuel used in propelling an
aircraft or a vessel.
History.­–Stats. 1995, Ch. 555, in effect January 1, 1996, added a comma after "Public Utilities Code"
and after "Section 7301)" and added ", and Part 31 (commencing with Section 60001)" after "Section
8601)" in subdivision (a); and added "($0.01)" after "of one cent" and after "gas, one cent" in subdivision
(b).
9502. Requirements; voter approval. (a) Prior to imposition and
collection of any tax under this part, a proposition granting authority to the
county to impose the tax shall be submitted to and approved by the voters at
an election. The proposition shall specify the maximum tax to be imposed
and may specify the period for which the tax will be imposed.
(b) A proposition may be submitted to the voters under subdivision (a)
only if (1) it is approved by the board of supervisors and a majority of the city
councils of the cities having a majority of the population in the incorporated
areas of the county, as provided in subdivision (c), and (2) the county and the
majority of the cities having a majority of the population in the incorporated
areas of the county have a written agreement with respect to allocation of the
revenues between the county and the cities.
* The provisions of this part, except as otherwise noted, became effective September 17, 1981.
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LOCAL MOTOR VEHICLE FUEL TAXATION
(c) If the board of supervisors approves the proposition prior to the
approval of a majority of the city councils of the cities having a majority of
the population in the incorporated area of the county, the approval of the other
city councils to secure both of those majorities shall be secured within one
year of the approval of the board of supervisors. If the board of supervisors
approves the proposition after the approval of the city councils with both of
those majorities, the approval of the board of supervisors shall be made within
one year of the date of the approval of the city council which results in the
proposition being approved by the city councils with both of those majorities.
History.–Stats. 1982, Ch. 1085, in effect September 16, 1982, substituted "the majority . . . areas of"
for "the cities within" after "county and" in subdivision (b).
9502.5. Allocation of proceeds; Los Angeles County. If the countywide
tax is imposed within the County of Los Angeles, the portion of the proceeds
of the tax allocated and spent within the boundaries of the San Fernando Valley
Statistical Area, as defined in Section 11093 of the Government Code, shall
be not less, on a percentage basis, than the percent that the population of the
San Fernando Valley Statistical Area is of the total population of Los Angeles
County.
History.–Added by Stats. 1981, Ch. 790, in effect January 1, 1982.
9503. Administration; required contract with board. (a) The county
shall contract with the State Board of Equalization for the administration of
any tax imposed under this part, and the state board shall be reimbursed for
its cost in the administration of the tax.
(b) The county shall also reimburse the state board for its cost of preparation
to administer the tax.
9504. Board authorization to adopt rules and regulations. The State
Board of Equalization shall adopt the necessary rules and regulations to
administer the tax.
LOCAL MOTOR VEHICLE FUEL TAXATION
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9505. Transmittal of taxes to county and cities. After deducting its cost
in administering the tax, the State Board of Equalization shall transmit the net
revenues to the county periodically as promptly as possible for distribution in
accordance with the allocation agreement between the county and cities. The
transmittals from the Board of Equalization to counties and the transmittal
from counties to cities shall be made at least twice in each calendar quarter.
History.­–Stats. 1982, Ch. 1589, in effect January 1, 1982, deleted "and cities" before "periodically"
and added "for distribution" after "possible" in the first sentence, and added "from the . . . to cities"
after "transmittal" in the second sentence.
9506. Required provisions. The ordinance shall include provisions
identical to those contained in Part 2 (commencing with Section 7301), Part
3 (commencing with Section 8601), and Part 31 (commencing with Section
60001), except that the name of the county as the taxing agency shall be
substituted for that of the state.
History.­–Stats. 1995, Ch. 555, in effect January 1, 1996, added a comma after "with Section 7301)"
and added "an Part 31 (commencing with Section 60001), after "with Section 8601),".
9507. Expenditure of net revenues. The net revenues received by counties
and cities from taxes imposed under this part shall be expended only for the
purposes authorized by Article XIX of the California Constitution.
LOCAL MOTOR VEHICLE FUEL TAXATION
INDEX
Administration
by board . . . 9503
rules and regulations . . . 9504
transmittal of taxes to county and cities . . . 9505
Allocation of proceeds; Los Angeles County . . . 9502.5
Expenditure of net revenues . . . 9507
Imposition of tax . . . 9501
Required provisions . . . 9506
Rules and Regulations . . . 9504
Transmittal of taxes to county and cities . . . 9505
Voter approval . . . 9502
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