Bill Text: CA AB1324 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Transactions and use taxes: City of El Cerrito.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2014-09-29 - Chaptered by Secretary of State - Chapter 795, Statutes of 2014. [AB1324 Detail]

Download: California-2013-AB1324-Amended.html

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BILL NUMBER: AB 1324	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 2, 2013
	AMENDED IN ASSEMBLY  MARCH 21, 2013

INTRODUCED BY   Assembly Members Skinner and Bonta
    (   Coauthor:   Assembly Member  
Buchanan   ) 
    (   Coauthor:   Senator   Hancock
  ) 

                        FEBRUARY 22, 2013

   An act to amend Section 9250.14 of the Vehicle Code, relating to
vehicles, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1324, as amended, Skinner. Vehicles: additional registration
fees: vehicle theft crimes.
   Existing law, until January 1, 2018, in addition to the other fees
imposed for the registration of a vehicle, authorizes a county to
impose an additional fee of $1 on all motor vehicles, and an
additional service fee of $2 on commercial motor vehicles of 10,001
pounds or more, as specified, and continuously appropriates the money
to fund local programs relating to vehicle theft crimes. Existing
law also authorizes the County of Los Angeles, the County of San
Diego, and the County of San Bernardino to increase the motor vehicle
fee from $1 to $2, provides that the service fee on commercial motor
vehicles would increase from $2 to $4 in those counties, upon
adoption of a resolution of their boards of supervisors, and requires
the resolution to be submitted to the Department of Motor Vehicles
at least 6 months prior to the operative date of the fee increase.
Existing law provides that these fees are deposited into a
continuously appropriated fund.
   This bill would, until January 1, 2018, additionally authorize the
County of Alameda to increase the motor vehicle fee from $1 to $2,
would provide that the service fee on commercial motor vehicles would
increase from $2 to $4, upon adoption of a resolution of its board
of supervisors, and would require the resolution to be submitted to
the Department of Motor Vehicles at least 6 months prior to the
operative date of the fee increase. The bill would make an
appropriation by depositing the increased fees in a continuously
appropriated fund.
   Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 9250.14 of the Vehicle Code is amended to read:

   9250.14.  (a) (1) In addition to any other fees specified in this
code and the Revenue and Taxation Code, upon the adoption of a
resolution by any county board of supervisors, a fee of one dollar
($1) shall be paid at the time of registration or renewal of
registration of every vehicle, except vehicles described in
subdivision (a) of Section 5014.1, registered to an address within
that county except those expressly exempted from payment of
registration fees. The fees, after deduction of the administrative
costs incurred by the department in carrying out this section, shall
be paid quarterly to the Controller.
   (2) (A) If the County of Alameda, the County of Los Angeles, the
County of San Diego, or the County of San Bernardino has adopted a
resolution to impose a one-dollar ($1) fee pursuant to paragraph (1),
the county may increase the fee specified in paragraph (1) to two
dollars ($2) in the same manner as the imposition of the initial fee
pursuant to paragraph (1). The two dollars ($2) shall be paid at the
time of registration or renewal of registration of a vehicle, and
quarterly to the Controller, as provided in paragraph (1).
   (B) A resolution to increase the fee from one dollar ($1) to two
dollars ($2) pursuant to subparagraph (A) shall be submitted to the
department at least six months prior to the operative date of the fee
increase.
   (3) In addition to the service fee imposed pursuant to paragraph
(1), and upon the implementation of the permanent trailer
identification plate program, and as part of the Commercial Vehicle
Registration Act of 2001 (Chapter 861 of the Statutes of 2000), all
commercial motor vehicles subject to Section 9400.1 registered to an
owner with an address in the county that established a service
authority under this section, shall pay an additional service fee of
two dollars ($2).
   (4) (A) If a county imposes a service fee of two dollars ($2) by
adopting a resolution pursuant to subparagraph (A) of paragraph (2),
the fee specified in paragraph (3) shall be increased to four dollars
($4).The four dollars ($4) shall be paid at the time of registration
or renewal of registration of a vehicle, and quarterly to the
Controller as provided in paragraph (1).
   (B) A resolution to increase the additional service fee from two
dollars ($2) to four dollars ($4) pursuant to subparagraph (A) shall
be submitted to the department at least six months prior to the
operative date of the fee increase.
   (b) Notwithstanding Section 13340 of the Government Code, the
moneys paid to the Controller are continuously appropriated, without
regard to fiscal years, for the administrative costs of the
Controller, and for disbursement by the Controller to each county
that has adopted a resolution pursuant to subdivision (a), based upon
the number of vehicles registered, or whose registration is renewed,
to an address within that county.
   (c) Except as otherwise provided in this subdivision, moneys
allocated to a county pursuant to subdivision (b) shall be expended
exclusively to fund programs that enhance the capacity of local
police and prosecutors to deter, investigate, and prosecute vehicle
theft crimes. In any county with a population of 250,000 or less, the
moneys shall be expended exclusively for those vehicle theft crime
programs and for the prosecution of crimes involving driving while
under the influence of alcohol or drugs, or both, in violation of
Section 23152 or 23153, or vehicular manslaughter in violation of
Section 191.5 of the Penal Code or subdivision (c) of Section 192 of
the Penal Code, or  any   a combination of
 any of  those crimes.
   (d) The moneys collected pursuant to this section shall not be
expended to offset a reduction in any other source of funds, nor for
any purpose not authorized under this section.
   (e) Any funds received by a county prior to January 1, 2000,
pursuant to this section, that are not expended to deter,
investigate, or prosecute crimes pursuant to subdivision (c) shall be
returned to the Controller, for deposit in the Motor Vehicle Account
in the State Transportation Fund. Those funds received by a county
shall be expended in accordance with this section.
   (f) Each county that adopts a resolution under subdivision (a)
shall submit, on or before the 13th day following the end of each
quarter, a quarterly expenditure and activity report to the
designated statewide Vehicle Theft Investigation and Apprehension
Coordinator in the Department of the California Highway Patrol.
   (g) A county that imposes a fee under subdivision (a) shall issue
a fiscal yearend report to the Controller on or before August 31 of
each year. The report shall include a detailed accounting of the
funds received and expended in the immediately preceding fiscal year,
including, at a minimum, all of the following:
   (1) The amount of funds received and expended by the county under
subdivision (b) for the immediately preceding fiscal year.
   (2) The total expenditures by the county under subdivision (c) for
the immediately preceding fiscal year.
   (3) Details of expenditures made by the county under subdivision
(c), including salaries and expenses, purchase of equipment and
supplies, and any other expenditures made listed by type with an
explanatory comment.
   (4) A summary of vehicle theft abatement activities and other
vehicle theft programs funded by the fees collected under this
section.
   (5) The total number of stolen vehicles recovered and the value of
those vehicles during the immediately preceding fiscal year.
   (6) The total number of vehicles stolen during the immediately
preceding fiscal year as compared to the fiscal year prior to the
immediately preceding fiscal year.
   (7) Any additional, unexpended fee revenues received under
subdivision (b) for the county for the immediately preceding fiscal
year.
   (h) Each county that fails to submit the report required pursuant
to subdivision (g) by November 30 of each year shall have the fee
suspended by the Controller for one year, commencing on July 1
following the Controller's determination that a county has failed to
submit the report.
   (i) (1) On or before January 1, 2013, and on or before January 1
of each year, the Controller shall provide to the Department of the
California Highway Patrol copies of the yearend reports submitted by
the counties under subdivision (g), and, in consultation with the
Department of the California Highway Patrol, shall review the fiscal
yearend reports submitted by each county pursuant to subdivision (g)
to determine if fee revenues are being utilized in a manner
consistent with this section. If the Controller determines that the
use of the fee revenues is not consistent with this section, the
Controller shall consult with the participating counties' designated
regional coordinators. If the Controller determines that use of the
fee revenues is still not consistent with this section, the authority
to collect the fee by that county shall be suspended for one year.
   (2) If the Controller determines that a county has not submitted a
fiscal yearend report as required in subdivision (g), the
authorization to collect the service fee shall be suspended for one
year pursuant to subdivision (h).
   (3) When the Controller determines that a fee shall be suspended
for a county, the Controller shall inform the Department of Motor
Vehicles on or before January 1 of each year that the authority to
collect a fee for that county is suspended.
   (j) On or before January 1 of each year, the Controller shall
prepare and submit to the Legislature a revenue and expenditure
summary for each participating county that includes all of the
following:
   (1) The total revenues received by each county.
   (2) The total expenditures by each county.
   (3) The unexpended revenues for each county.
   (k) For the purposes of this section, a county-designated regional
coordinator is that agency designated by the participating county's
board of supervisors as the agency in control of its countywide
vehicle theft apprehension program.
   (l) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted statute
that is enacted on or before January 1, 2018, deletes or extends
that date.