Laws, Regulations & Annotations

Business Taxes Law Guide – Revision 2011
 

Motor Vehicle Fuel Tax Law

CHAPTER 10. DISTRIBUTION OF PROCEEDS.

Section 8352.4

8352.4. Transfer to Harbors and Watercraft Revolving Fund.Subject to Sections 8352 and 8352.1, there shall be transferred from the money deposited to the credit of the Motor Vehicle Fuel Account to the Harbors and Watercraft Revolving Fund, for expenditure in accordance with Division 1 (commencing with Section 30) of the Harbors and Navigation Code, the sum of six million six hundred thousand dollars ($6,600,000) per annum, representing the amount of money in the Motor Vehicle Fuel Account attributable to taxes imposed on distributions of motor vehicle fuel used or usable in propelling vessels. The actual amount shall be calculated using the annual reports of registered boats prepared by the Department of Motor Vehicles for the United States Coast Guard and the formula and method of the December 1972 report prepared for this purpose and submitted to the Legislature on December 26, 1972, by the Director of Transportation. If the amount transferred during each fiscal year is in excess of the calculated amount, the excess shall be retransferred from the Harbors and Watercraft Revolving Fund to the Motor Vehicle Fuel Account. If the amount transferred is less than the amount calculated, the difference shall be transferred from the Motor Vehicle Fuel Account to the Harbors and Watercraft Revolving Fund. No adjustment shall be made if the computed difference is less than fifty thousand dollars ($50,000), and the amount shall be adjusted to reflect any temporary or permanent increase or decrease that may be made in the rate under the Motor Vehicle Fuel Tax Law. Payments pursuant to this section shall be made prior to payments pursuant to Section 8352.2.

When deemed necessary by the Department of Transportation and the Department of Boating and Waterways, the Department of Transportation, after consultation with the Department of Boating and Waterways, shall prepare, or cause to be prepared, an updated report setting forth the current estimate of the amount of money credited to the Motor Vehicle Fuel Account attributable to taxes imposed on distributions of motor vehicle fuel used or usable in propelling vessels. The Department of Transportation shall submit the report to the Legislature upon its completion.

History.—Added by Stats. 1971, p. 2428, operative January 1, 1972. Stats. 1973, Ch. 700, operative January 1, 1974, made the following substitutions: "six million dollars ($6,000,000) . . . 1973–1974" in place of "five million two hundred thousand dollars ($5,200,000) . . . 1970–1971"; "six million two hundred thousand dollars ($6,200,000) . . . 1974–1975" in place of "five million six hundred thousand dollars ($5,600,000) . . . 1971–1972"; "six million four hundred thousand ($6,400,000) in the 1975–1976 fiscal year, and six million six hundred thousand dollars ($6,600,000) in the 1976–1977" fiscal year, in place of "six million dollars ($6,000,000) . . . 1972–1973." Deleted the second sentence: "If the amount so transferred during each of such fiscal years is in excess of ten dollars and two cents ($10.02) multiplied by the estimated number of boats in existence as of December 31st of each year, the excess shall be retransferred from the Harbors and Watercraft Revolving Fund to the Motor Vehicle Fuel Account." In the last paragraph deleted "The Department of Public Works," added "an updated" preceding "report," changed "Public Works" to "Transportation," deleted "on or before the fifth calendar day of 1973 regular session and each four years thereafter" following "report to the Legislature" and substituted "upon its completion." Stats. 1982, Ch. 681, in effect January 1, 1983, deleted "the provisions of" before "Sections 8352" and "Division 1" in, deleted "six million dollars . . . fiscal year, and" before "six million six" and "commencing . . . sums" before "representing" in the first sentence of, substituted "fiscal year" for "of such fiscal years" before "is in excess" in the third sentence of, substituted ". No" for "; provided no such" after "Fund" in the fourth sentence of, and deleted "further provided that such" before "amount" in the new fifth sentence of, the first paragraph; and, substituted "Department of Boating and Waterways" for "Department of Navigation and Ocean Development" in the first sentence of; substituted ". The" for "; and the," and substituted "the" for "such" in the second sentence of, paragraph 2. Stats. 2000, Ch. 1053 (AB 2114), operative January 1, 2002, deleted "so" after "if the amount" and substituted "retransferred" for "transferred" in the third sentence of, deleted "so" after "transferred is less than the amount" in the fourth sentence of, and deleted "License" after "Motor Vehicle Fuel" in the fifth sentence of, the first paragraph.