Section 12419.10 Of Article 2. Duties From California Government Code >> Division 3. >> Title 2. >> Part 2. >> Chapter 5. >> Article 2.
12419.10
. (a) (1) The Controller shall, to the extent feasible,
offset any amount overdue and unpaid for a fine, penalty, assessment,
bail, vehicle parking penalty, or court-ordered reimbursement for
court-related services, from a person or entity, against any amount
owing the person or entity by a state agency on a claim for a refund
from the Franchise Tax Board under the Personal Income Tax Law or the
Bank and Corporation Tax Law, from winnings in the California State
Lottery, or a cash payment of a claim for unclaimed property held by
the state. Standards and procedures for submission of requests for
offsets shall be as prescribed by the Controller. Neither the
Controller nor the Franchise Tax Board shall condition a request for
offset on the submission of a person's social security number. If
sufficient funds are not available to satisfy an offset request, the
Controller, after first applying the amounts available to any amount
due a state agency, may allocate the balance among any other requests
for offset.
(2) Any request for an offset for a vehicle parking penalty shall
be submitted within three years of the date the penalty was incurred.
This three year maximum term for refund offsets for parking tickets
applies to requests submitted to the Controller on or after January
1, 2004.
(b) Once an offset request for a vehicle parking penalty is made,
a local agency may not accrue additional interest charges, collection
charges, penalties, or other charges on or after the date that the
offset request is made. Payment of an offset request for a vehicle
parking penalty shall be made on the condition that it constitutes
full and final payment of that offset.
(c) The Controller shall deduct and retain from any amount offset
in favor of a city, county, city and county, court, or special
district an amount sufficient to reimburse the Controller, the
Franchise Tax Board, the California State Lottery, and the Department
of Motor Vehicles for their administrative costs of processing the
offset payment.
(d) If necessary to confirm the identity of a person before making
an offset, the Franchise Tax Board may, upon paying any necessary
fees, obtain a social security number from the Department of Motor
Vehicles, as authorized by subdivision (f) of Section 1653.5 of the
Vehicle Code.
(e) Notwithstanding Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1, or any other law, the social security number
of a person obtained pursuant to Section 4150, 4150.2, or 12800 of
the Vehicle Code is not a public record and shall only be provided by
the Department of Motor Vehicles to an authorized agency for the
sole purpose of making an offset pursuant to this section for an
unpaid vehicle parking penalty or an unpaid fine, penalty,
assessment, or bail of which the Department of Motor Vehicles has
been notified pursuant to subdivision (a) of Section 40509 of the
Vehicle Code or Section 1803 of the Vehicle Code, responding to
information requests from the Franchise Tax Board for the purpose of
tax administration, and responding to requests for information from
an agency, operating pursuant to and carrying out the provisions of
Part A (Block Grants to States for Temporary Assistance for Needy
Families), or Part D (Child Support and Establishment of Paternity)
of Subchapter IV of Chapter 7 of Title 42 of the United States Code.
As used in this section, "authorized agency" means the Controller,
the Franchise Tax Board, or the California State Lottery Commission.