Bill Text: CA AB1989 | 2011-2012 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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
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.