Bill Text: CA AB674 | 2011-2012 | Regular Session | Chaptered


Bill Title: Vehicles: registration fees.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2011-09-01 - Chaptered by Secretary of State - Chapter 205, Statutes of 2011. [AB674 Detail]

Download: California-2011-AB674-Chaptered.html
BILL NUMBER: AB 674	CHAPTERED
	BILL TEXT

	CHAPTER  205
	FILED WITH SECRETARY OF STATE  SEPTEMBER 1, 2011
	APPROVED BY GOVERNOR  SEPTEMBER 1, 2011
	PASSED THE SENATE  AUGUST 18, 2011
	PASSED THE ASSEMBLY  MAY 31, 2011
	AMENDED IN ASSEMBLY  APRIL 6, 2011

INTRODUCED BY   Assembly Member Bonilla

                        FEBRUARY 17, 2011

   An act to amend Section 9250.19 of the Vehicle Code, relating to
vehicles, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 674, Bonilla. Vehicles: registration fees.
   Existing law authorizes, until January 1, 2012, the imposition of
a $1 fee, upon adoption of a resolution by a county board of
supervisors, in addition to other specified vehicle registration
fees, on certain vehicles. Existing law also imposes, until January
1, 2012, in addition to that fee, a $2 service fee on all commercial
vehicles, upon implementation of the permanent trailer identification
plate program. Existing law provides that the money generated by
these fees and paid to the Controller is continuously appropriated,
without regard to fiscal years, for disbursement by the Controller to
each county that has adopted a resolution as described above, and
that the money so disbursed may only be used for programs that
enhance the capacity of local law enforcement to provide fingerprint
identification of individuals who may be involved in driving under
the influence of alcohol or drugs, vehicular manslaughter, other
vehicle-related crimes, and other crimes committed while operating a
motor vehicle.
   This bill would extend that authorization indefinitely. By
extending a law providing for disbursements from a continuously
appropriated fund, this bill would make an appropriation.
   Appropriation: yes.


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

  SECTION 1.  Section 9250.19 of the Vehicle Code is amended to read:

   9250.19.  (a) (1) In addition to any other fees specified in this
code and the Revenue and Taxation Code, upon the adoption of a
resolution pursuant to this subdivision by any county board of
supervisors, a fee of one dollar ($1) shall be paid at the time of
registration, renewal, or supplemental application for apportioned
registration pursuant to Article 4 (commencing with Section 8050) of
Chapter 4 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) In addition to the one-dollar ($1) service fee, and upon the
implementation of the permanent trailer identification plate program,
and as part of the Commercial Vehicle Registration Act of 2001, 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).
   (3) A resolution adopted pursuant to paragraph (1) shall include
findings as to the purpose of, and the need for, imposing the
additional registration fee.
   (b) Notwithstanding Section 13340 of the Government Code, the
money paid to the Controller pursuant to subdivision (a) is
continuously appropriated, without regard to fiscal years, 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, or supplemental application for apportioned
registration, and for the administrative costs of the Controller
incurred under this section.
   (c) Money allocated to a county pursuant to subdivision (b) shall
be expended exclusively to fund programs that enhance the capacity of
local law enforcement to provide automated mobile and fixed location
fingerprint identification of individuals who may be involved in
driving under the influence of alcohol or drugs 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 and other vehicle-related
crimes, and other crimes committed while operating a motor vehicle.
   (d) The data from a program funded pursuant to subdivision (c)
shall be made available by the local law enforcement agency to a
local public agency that is required by law to obtain a criminal
history background of persons as a condition of employment with that
local public agency. A local law enforcement agency that provides the
data may charge a fee to cover its actual costs in providing that
data.
   (e) (1) Money collected pursuant to this section shall not be used
to offset a reduction in any other source of funds for the purposes
authorized under this section.
   (2) Funds collected pursuant to this section, upon recommendation
of local or regional Remote Access Network Boards to the board of
supervisors, shall be used exclusively for the purchase, by
competitive bidding procedures, and the operation of equipment that
is compatible with the Department of Justice's Cal-ID master plan, as
described in Section 11112.2 of the Penal Code, and the equipment
shall interface in a manner that is in compliance with the
requirement described in the Criminal Justice Information Services,
Electronic Fingerprint Transmission Specification, prepared by the
Federal Bureau of Investigation and dated August 24, 1995.
   (f) Every county that has authorized the collection of the fee
pursuant to subdivision (a) shall issue a fiscal yearend report to
the Controller on or before November 1 of each year, summarizing all
of the following with respect to those fees:
   (1) The total revenues received by the county for the fiscal year.

   (2) The total expenditures and encumbered funds by the county for
the fiscal year. For purposes of this subdivision, "encumbered funds"
means funding that is scheduled to be spent pursuant to a determined
schedule and for an identified purchase consistent with this
section.
   (3) Any unexpended or unencumbered fee revenues for the county for
the fiscal year.
   (4) The estimated annual cost of the purchase, operation, and
maintenance of automated mobile and fixed location fingerprint
equipment, related infrastructure, law enforcement enhancement
programs, and personnel created or utilized in accordance with this
section for the fiscal year. The listing shall detail the make and
model number of the equipment, and include a succinct description of
the related infrastructure items, law enforcement enhancement
programs, and the classification or title of any personnel.
   (5) How the use of the funds benefits the motoring public.
   (g) For each county that fails to submit the report required
pursuant to subdivision (f) by November 1 of each year, the
Controller shall notify the Department of Motor Vehicles to suspend
the fee for that county imposed pursuant to subdivision (a) for one
year.
   (h) If any funds received by a county pursuant to subdivision (a)
are not expended or encumbered in accordance with this section by the
close of the fiscal year in which the funds were received, the
Controller shall notify the Department of Motor Vehicles to suspend
the fee for that county imposed pursuant to subdivision (a) for one
year. For purposes of this subdivision, "encumbered funds" means
funding that is scheduled to be spent pursuant to a determined
schedule and for an identified purchase consistent with this section.

   (i) On or before January 1, 2004, and on January 1 annually
thereafter, the Controller shall prepare and submit to the
Legislature a revenue and expenditure summary based on the
information provided pursuant to paragraphs (1) to (3), inclusive, of
subdivision (f), for each county that has authorized the collection
of the fee pursuant to subdivision (a). The Controller shall attach
to the revenue and expenditure summary the documents provided by each
county pursuant to paragraphs (4) and (5) of subdivision (f).

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