I am way behind on reading the digest, but hopefully this hasn't already
made the rounds... Maybe a few bucks back for you left coasters.
REFUNDS ON SMOG IMPACT FEES
1) October 1, 1999 a California State Appeals Court ruled the $300 "Smog
Impact Fee" unconstitutional thus allowing certain individuals who paid
this fee to apply for a refund. The state is refusing to notify
individuals that the fee was ruled unconstitutional. The court's
decision
limited the refund process to that routinely used by California for all
refunds which requires an application for refund be submitted within 3
years. The State's current position is that it will not pay refunds for
fees paid more than 3 years ago.
2)The decision is not final for 30 days, and the State of California has
until then to decide whether to appeal the decision to the California
Supreme Court. Until the decision is final the $300 Smog Impact Fee is
still due. However, pending any appeal by the State, it is recommended
that anyone who paid the California Smog Impact Fee, at any time,
immediately submit an application for a refund to the California
Department of Motor Vehicles (DMV) using form ADM 399/1 (Application
for
Refund) available at http://www.dmv.ca.gov/forms/forms.htm or provide
the
following information in an affidavit (sworn statement) to DMV. Mail
refund applications to:
Department of Motor Vehicles
PO Box 942869 MS A239
Sacramento, CA 94269-0001
____________________If You Cannot Get the ADM 399/1 You Can Use This
Affidavit_________________________
Instructions: Clearly print all information and include the question
with
your answer to DMV.
Application for Refund
Affidavit and Smog Impact Fee Claim Form
1. Complete Name of Payee (This name will be printed on the refund
check):
1A. Enter the total amount of the refund:
2. Current Street Address:
3. City, State, Zip Code:
4. License Plate or Last 3 Characters of Vehicle Identification Number
(VIN):
5. Date(s) $300 Smog Impact Fee Was Paid (Day/Month/Year):
6. Address of DMV Office Where Fees Were Originally Paid:
7. Were Fees Paid By Credit Card (Yes/No)?
8. Reason for Refund: I am requesting a refund of the $300 smog impact
fee
plus interest because I believe California Revenue & Taxation Code Sec.
6261-6263 violate the commerce clause of the United States Constitution
(U.S. Const., art I, sec. 8, cl. 3) and the California Constitution
article XIX. Pursuant to California Vehicle Code Sec. 42231 and/or
California Revenue & Taxation Code Sec. 10901 this is a claim for refund
of $300 in fees plus interest not required to be paid to the DMV or paid
error.
9. I CERTIFY under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
10. Signature of Claimant: ________________________
11. Date Signed: _____________________
12. Daytime Telephone Number:(____) _____-________
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