Bill Text: CA AB1989 | 2011-2012 | Regular Session | Amended
Bill Title: State parks: bicycle facilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-04-24 - In committee: Set, second hearing. Hearing canceled at the request of author. [AB1989 Detail]
Download: California-2011-AB1989-Amended.html
BILL NUMBER: AB 1989 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 18, 2012
AMENDED IN ASSEMBLY MARCH 20, 2012
INTRODUCED BY Assembly Member Carter
FEBRUARY 23, 2012
An act to add Article 6.5 (commencing with Section 5077.81) to
Chapter 1 of Division 5 of the Public Resources Code, relating to
parks , and declaring the urgency thereof, to take effect
immediately .
LEGISLATIVE COUNSEL'S DIGEST
AB 1989, as amended, Carter. State parks: bicycle facilities.
Existing law vests the Department of Parks and Recreation with
control of the state park system and specifies that certain funds are
available, upon appropriation by the Legislature, for state park
planning, acquisition, and development projects, among other things.
Existing law imposes various taxes, including taxes on the privilege
of engaging in certain activities. The Fee Collection Procedures Law,
the violation of which is a crime, provides procedures for the
collection of certain fees and surcharges.
This bill would, on and after January 1, 2013, impose a surcharge
on every retailer for the privilege of selling a new bicycle in this
state at the rate of $2 per new bicycle. The bill
This would require constitute a
change in state statute that would result in a taxpayer paying a
higher tax within the meaning of Section 3 of Article XIII A of the
California Constitution, and thus would require for passage the
approval of 2/3 of the membership of each house
of the Legislature.
The bill would require that, commencing with the
2013-14 fiscal year, the new bicycle surcharge be administered by the
State Board of Equalization and collected by the board in accordance
with the Fee Collection Procedures Law. By expanding the application
of the Fee Collection Procedures Law, the violation of which is a
crime, this bill would impose a state-mandated local program.
The bill would require each person required to pay the surcharge
to prepare and file with the board a return using electronic media in
the form prescribed by the board, containing specified information.
The bill would deposit the revenues, less refunds, of the surcharge
into the State Park Bicycle Facilities Fund, which this bill would
create, and would require that moneys in the fund, upon appropriation
by the Legislature, be used by the Department of Parks and
Recreation to pay for the maintenance of bicycle trails and
paths within units of the state park system, the maintenance of
signage with respect to those trails and paths, and the maintenance
of related bicycle facilities within units of the state park system
for specified purposes related to the creation and
maintenance of bicycle trails .
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all
of the following:
(a) Bicycling contributes to positive physical and mental health.
(b) Bicycle paths and trails encourage alternative methods of
commuting, exercise, and tourism, and generate local business
revenue.
(c) Action is needed to provide revenue for bicycle trail
maintenance in order to preserve the quality of trails enjoyed by
millions of people every year.
(d) Additionally, the California state park system is a valuable
asset to all Californians and the decrease in funding for the
California state park system has created a large backlog of delayed
maintenance within the park system, including maintenance of trails
open to bicycles, which include multiuse trails open to bicycles,
pedestrians, and equestrians, trails for bicycles and pedestrians,
and maintenance roads used for trails.
SECTION 1. SEC. 2. Article 6.5
(commencing with Section 5077.81) is added to Chapter 1 of Division 5
of the Public Resources Code, to read:
Article 6.5. State Park Bicycle Facilities Fund
5077.81. For purposes of this article, the following definitions
shall apply:
(a) "Bicycle" has the same meaning as that term is defined in
Section 890.2 of the Streets and Highways Code.
(b) "Board" means the State Board of Equalization.
(c) "Retailer" has the same meaning as that term is defined in
Section 6015 of the Revenue and Taxation Code.
5077.82. On and after July 1, 2013, there is hereby imposed a
surcharge on every retailer for the privilege of selling a bicycle in
this state at a rate of two dollars ($2) per new bicycle.
5077.83. Commencing with the 2013-14 fiscal year, the new bicycle
surcharge imposed pursuant to Section 5077.82, shall be administered
and collected by the board in accordance with the Fee Collection
Procedures Law (Part 30 (commencing with Section 55001) of Division 2
of the Revenue and Taxation Code). For purposes of this article, the
references in the Fee Collection Procedures Law to "fee" shall
include the surcharge imposed by this article and references to
"feepayer" shall include a person required to pay the surcharge
imposed by this section.
5077.84. Pursuant to Section 55040 of the Revenue and Taxation
Code, each person required to pay the surcharge imposed pursuant to
Section 5077.82 shall prepare and file with the board a return using
electronic media, in the form prescribed by the board containing
information as the board deems necessary or appropriate for the
proper administration of this article and the Fee Collections
Procedures Law. The return shall be filed on or before the last day
of the calendar month following the calendar quarter to which it
relates, together with a remittance payable to the board for the
amount of surcharge due for that period. Returns shall be
authenticated in a form or pursuant to methods as may be prescribed
by the board.
5077.85. (a) The board may prescribe, adopt, and enforce
regulations relating to the administration and enforcement of this
article, including, but not limited to, collections, reporting,
refunds, and appeals.
(b) The board may prescribe, adopt, and enforce any emergency
regulations as necessary to implement this article. Any emergency
regulation prescribed, adopted, or enforced pursuant to this article
shall be adopted in accordance with Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code, and, for purposes of that chapter, including Section 11349.6 of
the Government Code, the adoption of the regulation is an emergency
and shall be considered by the Office of Administrative Law as
necessary for the immediate preservation of the public peace, health
and safety, and general welfare.
5077.86. The State Park Bicycle Facilities Fund is hereby created
in the State Treasury. All revenues, interest, penalties, and other
amounts collected pursuant to Section 5077.83 shall be deposited into
the State Park Bicycle Facilities Fund, less refunds and
reimbursement to the board for expenses incurred in the
administration and collection of the surcharge. For purposes of this
article, "fund" means the State Park Bicycle Facilities Fund
established by this section.
5077.87. All remaining moneys in the fund shall, upon
appropriation by the Legislature, be used by the department
to pay for in the following manner :
(a) The maintenance of bicycle trails and bicycle paths within
units of the state park system.
(b) The maintenance of signage with respect to the trails and
bicycle paths described in subdivision (a).
(c) The maintenance of related bicycle facilities, including, but
not limited to, bicycle parking facilities, within units of the state
park system.
(a) (1) Sixty percent shall be used for the following purposes:
(A) To establish a local assistance program to distribute grants,
on a competitive basis, to eligible cities, counties, joint powers
authorities, districts, and nonprofit organizations for the creation
or maintenance, or both creation and maintenance, of bicycle trails
and paths, related signage, and related bicycle facilities,
including, but not limited to, bicycle parking facilities.
(B) To encourage joint partnership projects, if available, between
two or more entities, including, but not limited to, school
districts, nonprofit organizations, and local governmental agencies
to enhance investment of public resources.
(2) The director shall, by regulation, specify the procedures for
applying grant funds.
(b) Forty percent shall be used for the following purposes:
(1) The maintenance of bicycle trails and bicycle paths within
units of the state park system.
(2) The maintenance of signage with respect to the trails and
bicycle paths within the units of the state park system.
(3) The maintenance of related bicycle facilities, including, but
not limited to, bicycle parking facilities, within the units of the
state park system.
5077.88. It is the intent of the Legislature that the revenues
generated pursuant to this article fund bicycle trail establishment
and maintenance in cities, counties, and state parks throughout the
state.
SEC. 2. SEC. 3. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.
SEC. 3. This act is an urgency statute
necessary for the immediate preservation of the public peace, health,
or safety within the meaning of Article IV of the Constitution and
shall go into immediate effect. The facts constituting the necessity
are:
In order to provide for the maintenance of bicycle facilities
within the state park system at the earliest possible date, it is
necessary that this act take effect immediately.
