HomeMy WebLinkAboutMINUTES - 04282009 - C.19RECOMMENDATION(S):
SUPPORT Assembly Bill 286 (Salas), a bill that extends until 2018 the existing provisions
that allow counties to impose a $1 vehicle registration fee to be used to enhance the capacity
of local police and prosecutors to deter, investigate, and prosecute vehicle theft crimes, as
recommended by the Legislation Committee.
FISCAL IMPACT:
Committee staff notes that the authority for counties to impose this fee will expire January
1, 2010, and if the Legislature desires to keep the authority and funding mechanism in place,
legislation to extend the sunset must be signed into law in 2009.
BACKGROUND:
Specifically, this bill:
1) Extends, until January 1, 2018, existing provisions that allow counties to impose a $1
annual vehicle registration fee to be used to enhance the capacity of local police and
prosecutors to deter, investigate, and prosecute vehicle theft crimes.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 04/28/2009 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Susan A. Bonilla, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: L. DeLaney, 5-1097
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: April 28, 2009
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C.19
To:Board of Supervisors
From:David Twa, County Administrator
Date:April 28, 2009
Contra
Costa
County
Subject:SUPPORT POSITION FOR AB 286 (Salas): Vehicles: Additional Registration Fees
2) Requires the year-end reports that counties compile on the usage of the fees to also
include details of the expenditures made by the county, including salaries and expenses,
purchase of equipment and supplies, and any other expenditures made listed by type with an
explanatory comment.
EXISTING LAW:
1) Allows counties, until January 1, 2010, to impose a $1 annual vehicle registration fee in
order to fund programs that enhance the capacity of local police and prosecutors to deter,
investigate, and prosecute vehicle theft crimes.
2) Requires a county board of supervisors to adopt a resolution in order to impose the $1
fee.
3) Requires a county that has adopted a resolution to impose the $1 fee to provide a
quarterly expenditure and activity report to the designated statewide Vehicle Theft
Investigation and Apprehension Coordinator in the Department of the California Highway
Patrol (CHP).
4) Requires a county that has adopted a resolution to impose the $1 fee to issue a fiscal
year-end report to the Controller by August 31 of each year summarizing:
a) The total revenues received by the county from the fee;
b) The total expenditures made by the county;
c) A summary of vehicle theft abatement activities and other vehicle theft programs funded
by the fee;
d) The total number of stolen vehicles recovered and the value of those vehicles;
e) A comparison of stolen vehicles from the last fiscal year to the year preceding the last
fiscal year; and,
f) Any additional, unexpended fee revenues.
5) Requires the Controller to suspend the fee for one year if the county fails to submit the
fiscal year-end report by November 30 of each year.
6) Authorizes the Controller, in consultation with the CHP, to suspend the fee for one year
if it is determined that the fee revenues are not being utilized appropriately.
REGISTERED SUPPORT / OPPOSITION:
BACKGROUND: (CONT'D)
Support
Los Angeles County District Attorney's Office [CO-SPONSOR] Los Angeles County
Sheriff's Department [CO-SPONSOR] San Diego County District Attorney's Office
[CO-SPONSOR] American Federation of State, County and Municipal Employees
Association for Los Angeles Deputy Sheriffs CA District Attorneys Association CA
State Association of Counties CA State Sheriffs' Association City Police Departments of:
Azusa, La Verne, and Monrovia County Sheriff's Office of: Alameda, Amador, Butte,
Contra Costa, Del Norte, Sacramento, San Diego, Shasta, Tuolumne, Ventura, Yolo
Opposition
Cal-Tax Howard Jarvis Taxpayers Association
ATTACHMENTS
Billtext AB 286
california legislature—2009–10 regular session
ASSEMBLY BILL No. 286
Introduced by Assembly Members Salas and Jones
February 13, 2009
An act to amend Section 9250.14 of the Vehicle Code, relating to
vehicles, and making an appropriation therefor.
legislative counsel’s digest
AB 286, as introduced, Salas.Vehicles: additional registration fees.
Existing law, in addition to the other fees imposed for the registration
of a vehicle, imposes, as a county option with certain exceptions, an
additional fee of $1, and an additional service fee of $2, on all
commercial motor vehicles, and continuously appropriates the money
to fund local programs relating to vehicle theft crimes. These provisions
are to be repealed as of January 1, 2010.
Existing law requires each participating county to issue a fiscal
year-end report to the Controller, summarizing certain matters.
This bill would extend the repeal date of January 1, 2010, to January
1, 2018, and would thus extend the fee and the continuous appropriation
until January 1, 2018, thereby making an appropriation.
This bill would additionally require the year-end report to the
Controller to include a detailed accounting of the funds received and
expended in the immediately preceding fiscal year, as well as include
additional information on county expenditures to fund programs relating
to vehicle theft crimes and in some cases crimes involving driving under
the influence of alcohol or drugs, or both.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
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The people of the State of California do enact as follows:
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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) 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) 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).
(b) Notwithstanding Section 13340 of the Government Code,
the money paid to the Controller is 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
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 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 or subdivision (c) of Section 192 of the Penal
Code, or any combination of those crimes.
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(d) No money collected pursuant to this section shall 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 yearend year-end report to the Controller on or before
August 31 of each year summarizing all of the following:.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 received 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.
(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.
(3)
(4) A summary of vehicle theft abatement activities and other
vehicle theft programs funded by the fees collected under this
section.
(4)
(5) The total number of stolen vehicles recovered and the value
of those vehicles during the immediately preceding fiscal year.
(5)
(6) 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.
(6)
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AB 286— 3 —
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(7) Any additional, unexpended fee revenues received under
subdivision (b) for the county for the immediately preceding fiscal
year.
(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, 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
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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) 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) This section shall remain in effect only until January 1,
2010 2018, and as of that date is repealed, unless a later enacted
statute that is enacted on or before January 1, 2010 2018, deletes
or extends that date.
O
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