Re: Why did California refund the out-of-state smog-impact fee?

05-27-2005, 04:50 AM

- quote -

> > The court declined to grant class action status to the
> > lawsuit, and ordered refunds to be paid only to the four
> > plaintiffs. However, ultimately refunds were paid to
> > everyone who had paid the tax. I don't remember whether
> > that was ordered by the Legislature or by the governor (I
> > think it was Deukmejian at the time). The refunds were a
> > matter of politics rather than judicial order.

> Further researching this question in an attempt to shut down
> the wild speculation over on misc.taxes <G> , I found more
> detailed information about the refunds.
> The court declined to grant class action status to the
> lawsuit, and ordered refunds to be paid only to the four
> plaintiffs. However, Gov. Deukmejian directed the DMV and
> the Department of Finance to come up with a plan to refund
> the fee to all who had paid it. In June, 2000 the
> Legislature passed AB 809 and SB 215, Chs. 31 and 32, Stats.
> 2000, which repealed the fee and directed the DMV to search
> its records to identify and notify all who paid the fee and
> provide a simplified verification and claims procedure for
> refunds. The bills appropriated the funds, estimated at
> $500 million, to refund all taxes and late payment penalties
> paid, with interest. Thus the refunds were a matter of
> politics, rather than judicial order.

.....Which for anyone who had not filed an administrative
claim within three years of paying the impact fee, the DMV
disallowed anyway.

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#-1 05-24-2005, 02:14 PM

Katie wrote:

snip

- quote -

> The court declined to grant class action status to the
> lawsuit, and ordered refunds to be paid only to the four
> plaintiffs. However, ultimately refunds were paid to
> everyone who had paid the tax. I don't remember whether
> that was ordered by the Legislature or by the governor (I
> think it was Deukmejian at the time). The refunds were a
> matter of politics rather than judicial order.

Further researching this question in an attempt to shut down
the wild speculation over on misc.taxes <G> , I found more
detailed information about the refunds.

The court declined to grant class action status to the
lawsuit, and ordered refunds to be paid only to the four
plaintiffs. However, Gov. Deukmejian directed the DMV and
the Department of Finance to come up with a plan to refund
the fee to all who had paid it. In June, 2000 the
Legislature passed AB 809 and SB 215, Chs. 31 and 32, Stats.
2000, which repealed the fee and directed the DMV to search
its records to identify and notify all who paid the fee and
provide a simplified verification and claims procedure for
refunds. The bills appropriated the funds, estimated at
$500 million, to refund all taxes and late payment penalties
paid, with interest. Thus the refunds were a matter of
politics, rather than judicial order.

Katie in San Diego

The foregoing is intended for educational purposes only and
does not constitute legal or professional advice.

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->

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