Bill Text: CA AB1989 | 2011-2012 | Regular Session | Introduced

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

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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-Introduced.html

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BILL NUMBER: AB 1989	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Carter

                        FEBRUARY 23, 2012

   An act to add Article 6.5 (commencing with Section 5077.85) 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 introduced, 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 surcharge would be
administered by the State Board of Equalization and would be
collected pursuant to the procedures set forth in 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 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.
   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.  Article 6.5 (commencing with Section 5077.85) is added
to Chapter 1 of Division 5 of the Public Resources Code, to read:

      Article 6.5.  State Park Bicycle Facilities Fund


   5077.85.  (a) On and after January 1, 2013, there is hereby
imposed a surcharge on every retailer for the privilege of selling a
new bicycle in this state at the rate of two dollars ($2) per new
bicycle.
   (b) For purposes of this article, all of the following shall
apply:
   (1) "Bicycle" has the same meaning as that term is defined in
Section 890.2 of the Streets and Highways Code.
   (2) "Board" means the State Board of Equalization.
   (3) "Retailer" has the same meaning as that term is defined in
Section 6015 of the Revenue and Taxation Code.
   (c) The board shall administer and collect the surcharge imposed
by this section pursuant to the Fee Collection Procedures Law (Part
30 (commencing with Section 55001) of Division 2 of the Revenue and
Taxation Code). For purposes of this section, the references in the
Fee Collection Procedures Law to "fee" shall include the surcharge
imposed by this section and references to "feepayer" shall include a
person required to pay the surcharge imposed by this section.
   (d) The board may prescribe, adopt, and enforce regulations
relating to the administration and enforcement of this section,
including, but not limited to, collections, reporting, refunds, and
appeals.
   (e) The board may prescribe, adopt, and enforce any emergency
regulations as necessary to implement this section. Any emergency
regulation prescribed, adopted, or enforced pursuant to this section
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.
   (f) The surcharges imposed by this section are due and payable to
the board quarterly on or before the last day of the month next
succeeding each quarterly period.
   (g) (1) On or before the last day of the month following each
quarterly period of three months, a return for the preceding
quarterly period shall be filed using electronic media with the
board.
   (2) The board may prescribe those forms and reporting requirements
as are necessary to implement the surcharge.
   (3) Returns shall be authenticated in a form, or pursuant to
methods, as may be prescribed by the board.
   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 5077.85 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 moneys in the fund shall, upon appropriation by the
Legislature, be used by the department to pay for the following:
   (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.
  SEC. 2.  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.