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California fee rebate

To: triumphs@autox.team.net
Subject: California fee rebate
From: Matt Barre <mbarre@juno.com>
Date: Thu, 7 Oct 1999 22:23:18 -0400
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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