🚀 go-pugleaf

In article <7te1al$nlt$1@nnrp1.deja.com>,  <kleim@eudoramail.com> wrote:
>linley@megami.org (Bruce James Robert Linley) wrote:
>
>> Um, why should people have to "ask" for their refund? Doesn't
>> DMV keep records on whom they charged the smog impact fee to? They
>> should be able to use these records to refund the fee to those
>> who paid it. Seems logical to me.
>
>'Cuz they don't want to have pay out, like, $250 million!!  Of course
>it's logical, and just, to inform the people they ripped off, like me,
>that we're due refunds.  But, it appears that they're going to make
>this as hard as possible, with bullshit obstacles and "regulations,"
>two of the latter are which, it's rumored, include only offering
>refunds if you still own the vehicle, and, only within three years of
>paying the extortion.

You know, maybe if you hold your breath until you turn blue, the DMV will
start sending out refunds...

>
>Of course, they keep records when YOU owe them money, or when they want
>to impose some penalty, but, when it's in the favor of the People,
>oh, "we don't have any records..."

Well, far be it from me to interrupt your rant with mere facts, but the
DMV never actually said "we don't have any records".  On the contrary, the
court ordered the DMV to inform everyone who is eligible for a refund that
they are eligible.  

Speaking of facts, I decided to see how the DMV itself is handling the
situation.  As part of their clever plan to ensure that no one gets a
refund, the DMV has refund instructions on the top level of their web
site, complete with refund application form in PDF format: 

   <http://www.dmv.ca.gov>

Now, there have been rumors that the DMV won't refund the fee if the
vehicle has been sold, or if its been more than three years since the fee
has been paid.  I don't think that's the case.  Their refund application
form does mention those conditions, but it's a GENERIC form, typically
used to get refunds for vehicle registration fees.  DMV policies on fee
refunds _do_not_ apply to court-ordered sanctions (and the court has
_ordered_ the DMV to refund the fee to anyone who paid it since Sept. 1992
and who asks for a refund). 

>
>> Also, if I violate someone's constitutional rights, I face jail time.
>> CA has violated the constitution time and time again. What punishment
>> will they face?
>
>None.  The People are too dumb, and lazy, to do anything about it.
>
>> Why does CA keep doing unconstitutional things?
>
>Because they can.  Simple as that.

Well, apparently not in the smog fee case.

One more thing:  the court fight isn't over yet.  Here's the statement
from the DMV's web site:

------------------------------------------------------------
CURRENT STATUS OF THE $300 SMOG IMPACT FEE 

On October 1, 1999, a state appeals court issued a judgment ruling that
the Vehicle Smog Impact Fee (VSIF) is unconstitutional. The judgment is
not final for 30 days from October 2, 1999, and the State of California
has the right to appeal within those 30 days. Until a final ruling has
been made on this case by the courts, the $300 smog impact fee is due.

You may apply for a refund by downloading the Application for Refund ADM
399 and mailing it to the address on the form. Refund applications will be
retained until a final ruling on the appeal is made.
------------------------------------------------------------

-- 
Dave Schreiber     "Can money pay for all the days
 sonic@dks2.net         I lived awake but half asleep?"
 ^^^^^ ^^^^                -Primitive Radio Gods (SOaBPBwMiMH)
(For my e-mail address, swap the ^^^'d parts and remove the "2")