Bill Text: CA AB1768 | 2011-2012 | Regular Session | Introduced
Bill Title: Vehicles: additional registration fees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-04-24 - In committee: Set first hearing. Failed passage. Reconsideration granted. [AB1768 Detail]
Download: California-2011-AB1768-Introduced.html
BILL NUMBER: AB 1768 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Davis
FEBRUARY 17, 2012
An act to amend Section 9250.14 of the Vehicle Code, relating to
vehicles, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1768, as introduced, Davis. Vehicles: additional registration
fees.
Existing law, in addition to the other fees imposed for the
registration of a vehicle, authorizes a county to impose upon
adoption of a resolution of its board of supervisors, an additional
fee of $1 on all motor vehicles, and continuously appropriates the
money to fund local programs relating to vehicle theft crimes. These
provisions are repealed as of January 1, 2018. Existing law requires
each participating county to issue a fiscal yearend report to the
Controller, summarizing certain matters.
This bill would authorize a county to impose an additional $3 fee
for that purpose and would require, if the county is increasing the
amount of the fee from $1 to $3, the resolution that imposes the fee
to be submitted to the Department of Motor Vehicles at least 6 months
prior to the operative date of the fee increase. This bill would add
a new source of revenue to be deposited into a continuously
appropriated fund, thereby making an appropriation. The bill would
revise the information the fiscal yearend report is required to
contain and would make technical and conforming changes.
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
($1) or three dollars ($ 3) 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 a county has adopted a resolution to impose a one
dollar ($1) fee pursuant to paragraph (1), a county may increase the
fee specified in paragraph (1) to three dollars ($3) in the same
manner as the imposition of the initial fee pursuant to paragraph
(1).
(B) A resolution to increase the fee from one dollar ($1) to three
dollars ($3) pursuant to subparagraph (A) shall be submitted to the
department at least six months prior to the operative date of the fee
increase.
(2)
( 3) In addition to the one dollar
($1) 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).
(b) Notwithstanding Section 13340 of the Government Code, the
money money s paid to the
Controller is 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,
money 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 money
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 combination of those crimes.
(d) Money 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 year-end 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 total revenues 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 , including payment of
salaries and expenses, purchase of equipment and supplies, and other
expenditures listed by type .
(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)
(3) A summary of vehicle theft abatement activities and
other vehicle theft programs funded by the fees collected under this
section.
(5)
(4) The total number of stolen vehicles recovered and
the value of those vehicles during the immediately preceding fiscal
year.
(6)
(5) 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)
(6) Any additional, unexpended fee revenues received
under subdivision (b) for the county for the immediately preceding
fiscal year.
(7) Other relevant information the Controller may reasonably
require to determine whether fee revenues are being utilized in a
manner consistent with this section.
(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, 2006 2013
, and on or before January 1 annually thereafter, 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 the fee revenues are
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, 2006, and on or before
January 1 annually thereafter, that the
authority to collect a fee for that county is suspended.
(j) On or before January 1 , 2006, and on or before
January 1 annually thereafter, 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) The Department of the California Highway Patrol, in
consultation with all participating county designated regional
coordinators, shall review the effectiveness of reducing vehicle
theft crimes that were funded by the fees imposed by this section.
The Department of the California Highway Patrol shall provide a
report based on that review and, on or before January 1, 2009, shall
submit that report to the Legislature.
( l )
(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.
(m)
( 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.
