HomeMy WebLinkAboutMINUTES - 06032014 - C.63RECOMMENDATION(S):
ADOPT a "Support" position on AB 2393, as introduced, Levine. Vehicle registration fees, a bill that authorizes an
increase in the vehicle registration fee used to fund fingerprint identification programs.
FISCAL IMPACT:
Unknown impact on Contra Costa County. However, the bill authorizes an increase in the vehicle registration fees
used to fund fingerprint identification programs.
BACKGROUND:
At its May 1, 2014 meeting, the Legislation Committee voted unanimously to recommend a position of "Support" on
AB 2393 to the Board of Supervisors.
SUMMARY: Authorizes an increase in the vehicle registration fee used to fund fingerprint identification programs.
Specifically, this bill:
1) Authorizes, for counties that have imposed a vehicle registration fee for fingerprint identification programs, the fee
to be increased from $1 to $2 (and from $2 to $4 for commercial vehicles).
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 06/03/2014 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: L. DeLaney,
925-335-1097
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: June 3, 2014
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 63
To:Board of Supervisors
From:LEGISLATION COMMITTEE
Date:June 3, 2014
Contra
Costa
County
Subject:Support Position on AB 2393, as introduced, Levine. Vehicle registration fees
BACKGROUND: (CONT'D)
2) For counties that have not imposed a $1 vehicle registration fee for fingerprint identification programs,
authorizes imposition of a $2 fee (and a $4 fee for commercial vehicles).
EXISTING LAW:
1) Authorizes a county board of supervisors to impose a $1 vehicle registration fee for purposes of funding
fingerprint identification programs; for counties that opt to impose this fee, commercial vehicles in the county pay
a $2 vehicle registration fee for the same purpose.
2) Requires participating counties to make findings as to the purpose of, and the need for, imposing the additional
vehicle registration fee.
3) Requires the resulting fee revenues to be continuously appropriated, without regard to fiscal years, for
disbursement to each participating county based upon the number of registered vehicles in those counties.
4) Requires fee revenues allocated to a county to 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 vehicle-related crimes (e.g., driving under the influence) and other crimes
committed while operating a motor vehicle.
5) Requires every participating county to issue a fiscal year-end report to the California State Controller
summarizing the data on its fingerprint identification program, including total revenues received by the county;
total expenditures and funds encumbered; unexpended or unencumbered fee revenues; 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; and a description of how the use of the
funds benefits the motoring public.
6) Suspends for one year the fee in any county that fails to submit this report or that has unexpended or
unencumbered fee revenue at the close of the fiscal year in which fee revenue was received.
7) Imposes, or authorizes the imposition of, a number of other vehicle registration fees, including:
a) $43 basic registration fee to cover costs related to the regulation of vehicles;
b) $3 additional basic registration fee, $2 of which is for programs to reduce vehicle emissions and $1 of which is
for programs to encourage the voluntary retirement of passenger vehicles and light-duty and medium-duty trucks
that are high polluters;
c) $24 California Highway Patrol (CHP) fee to pay for additional CHP officers;
d) Vehicle license fee (VLF) based on the value of the vehicle. The VLF is an in-lieu property tax and revenue
collected is returned to cities and counties;
e) $20 smog abatement fee for newer model-year vehicles;
f) Various fees collected on behalf of local districts or counties. These fees may include:
i) Up to $4 for vehicles registered in San Mateo County for purposes related to traffic congestion and stormwater
pollution management;
ii) $4 for vehicles registered in San Francisco to fund programs to provide public transit;
iii) $1 for freeway service patrol programs;
iv) Between $2 and $19 for programs to reduce air pollution from motor vehicles;
v) $1 for programs aimed at deterring vehicle theft and prosecuting driving-under-the-influence violations; and,
vi) $1 for vehicle abatement activities.
Commercial vehicles are subject to many of these same fees in addition to others, such as fees related to cargo
theft deterrence and to gross vehicle weight.
COMMENTS: The Department of Justice (DOJ) started the fingerprint identification program, known as Cal-ID,
in the late 1980s to provide a way to verify the identity of persons placed under arrest and to assist law
enforcement agencies in other ways, such as identifying human remains and identifying possible criminal
suspects, using fingerprint evidence gathered at crime scenes.
Limited funding for the technology and equipment hampered implementation of Cal-ID. As a result, the
Legislature passed SB 720 (Lockyer), Chapter 587, Statutes of 1997, authorizing counties to impose a $1
surcharge on vehicle registrations in the county and to use the money for the Cal-ID program. SB 720 limited the
duration of the program to five years. Subsequent legislation extended authorization for the program twice: AB
879 (Keeley), Chapter 986, Statutes of 2002, extended the program until 2006 and added reporting requirements,
and AB 857 (Bass), Chapter 470, Statutes of 2005, extended the program until January 2012. Finally, AB 674
(Bonilla), Chapter 205, Statutes of 2011, repealed the sunset date entirely.
According to the sponsors, the Cal-ID program has been a statewide success. They contend it has saved DOJ
countless hours of manually scanning inked fingerprint cards. Further, local law enforcement officials assert that
since the original legislation, advances in biometric science and technology have developed to the point that law
enforcement can now send and receive from the field identification needed to authenticate individuals using not
only fingerprints but also retinal scans, facial scans, palm-prints, and thumbprints. These advancements offer
significant benefits to law enforcement, such as the ability to:
1) Authenticate individuals remotely and avoid unnecessary transfers to a booking facility;
2) Rapidly identify dangerous individuals;
3) Confirm instances of mistaken identities; and,
4) View a driver's license photograph from the field.
Although the program has been extended indefinitely, the author points out that the $1 vehicle registration fee has
not changed since the inception of the program 17 years ago. This bill is intended to restore some of the lost
purchasing power of the original $1 fee as well as to allow law enforcement to take advantage of advances in
technology.
Writing in opposition to AB 2393, the Howard Jarvis Taxpayers Association argues that the fee increase proposed
in this bill runs afoul of Constitutional provisions governing the imposition of special taxes, namely that
imposition of such a tax requires a two-thirds vote of the electorate.
To this point, AB 2393 is a majority vote measure in the Legislature because it does not directly result in a
taxpayer paying a higher tax. Instead, this bill delegates to county boards of supervisors the authority to impose a
vehicle registrations fee. Ultimately, county counsels will have to determine the appropriate vote threshold at the
county level, where a two-thirds vote of the electorate may be required.
Previous legislation: SB 720 (Lockyer), Chapter 587, Statutes of 1997, originally authorized the imposition of a
$1 fee for the automated fingerprinting systems, until January 2003.
AB 879 (Keeley), Chapter 986, Statutes of 2002, extended the program until 2006 (and added reporting
requirements).
AB 857 (Bass), Chapter 470, Statutes of 2005, extended the program until January 2012.
AB 674 (Bonilla), Chapter 205, Statutes of 2011, extended the program indefinitely.
Double referral: This bill is double-referred to the Local Government Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
California State Sheriffs' Association (sponsor)
California Association of Crime Laboratory Directors
Kern County Sheriff
Yolo County Sheriff
Opposition
California Car Clubs
California Taxpayers Association
Howard Jarvis Taxpayers Association
Analysis Prepared by: Janet Dawson / TRANS. / (916) 319-2093
CHILDREN'S IMPACT STATEMENT:
N/A
ATTACHMENTS
Bill Text 2393
california legislature—2013–14 regular session
ASSEMBLY BILL No. 2393
Introduced by Assembly Member Levine
February 21, 2014
An act to amend Section 9250.19 of the Vehicle Code, relating to
vehicle registration fees, and making an appropriation therefor.
legislative counsel’s digest
AB 2393, as introduced, Levine. Vehicle registration fees.
Existing law authorizes a county, upon the adoption of a resolution
by its board of supervisors, to impose a fee of $1 on all motor vehicles,
except as provided, in addition to other fees imposed for the registration
of a vehicle. Existing law requires registered owners of a commercial
vehicle in a county that has so imposed that $1 fee to pay an additional
$2 fee. Existing law requires the county, after deducting administrative
costs, to pay those fees to the Controller quarterly. Existing law
continuously appropriates the money generated by these fees to the
Controller for disbursement to each county that has adopted a resolution
as described above, and limits the expenditure of the money so disbursed
to certain purposes related to law enforcement.
This bill would additionally authorize a county, that has adopted the
resolution to impose the $1 fee, to increase that fee to $2 in the same
manner that it imposed the initial $1 fee. The bill would alternatively
authorize a county that has not adopted a $1 fee to impose an initial $2
fee in the same manner that it is authorized to impose a $1 fee. If a
county imposes a $2 fee pursuant to these provisions, the bill would
increase the additional $2 fee on commercial vehicles to $4. The bill
would require the county to submit resolutions to increase fees pursuant
99
to these provisions to the Department of Motor Vehicles at least 6
months prior to the operative date of the fee increase.
This bill makes an appropriation by authorizing a county to increase
the amount of fees that are continuously appropriated to the Controller.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 9250.19 of the Vehicle Code is amended
line 2 to read:
line 3 9250.19. (a) (1) In addition to any other fees specified in this
line 4 code and the Revenue and Taxation Code, upon the adoption of a
line 5 resolution pursuant to this subdivision by any county board of
line 6 supervisors, a fee of one dollar ($1) shall be paid at the time of
line 7 registration, renewal, or supplemental application for apportioned
line 8 registration pursuant to Article 4 (commencing with Section 8050)
line 9 of Chapter 4 of every vehicle, except vehicles described in
line 10 subdivision (a) of Section 5014.1, registered to an address within
line 11 that county except those expressly exempted from payment of
line 12 registration fees. The fees, after deduction of the administrative
line 13 costs incurred by the department in carrying out this section, shall
line 14 be paid quarterly to the Controller.
line 15 (2) (A) If a county has adopted a resolution to impose a
line 16 one-dollar ($1) fee pursuant to paragraph (1), the county may
line 17 increase the fee specified in paragraph (1) to two dollars ($2) in
line 18 the same manner as the imposition of the initial fee pursuant to
line 19 paragraph (1). The two dollars ($2) shall be paid at the time of
line 20 registration or renewal of registration of a vehicle, and quarterly
line 21 to the Controller, as provided in paragraph (1).
line 22 (B) If a county has not adopted a resolution to impose a
line 23 one-dollar ($1) fee pursuant to paragraph (1), the county may
line 24 instead adopt a fee of two dollars ($2) in the manner prescribed
line 25 in paragraph (1).
line 26 (C) A resolution to impose a fee of two dollars ($2) pursuant
line 27 to subparagraph (A) or (B) shall be submitted to the department
line 28 at least six months prior to the operative date of the fee increase.
line 29 (2)
line 30 (3) In addition to the one-dollar ($1) service fee, and upon the
line 31 implementation of the permanent trailer identification plate
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— 2 —AB 2393
line 1 program, and as part of the Commercial Vehicle Registration Act
line 2 of 2001, all commercial motor vehicles subject to Section 9400.1
line 3 registered to an owner with an address in the county that
line 4 established a service authority under this section, shall pay an
line 5 additional service fee of two dollars ($2).
line 6 (4) (A) If a county imposes a service fee of two dollars ($2) by
line 7 adopting a resolution pursuant to subparagraph (A), the fee
line 8 specified in paragraph (3) shall be increased to four dollars ($4).
line 9 The four dollars ($4) shall be paid at the time of registration or
line 10 renewal of registration of a vehicle, and quarterly to the Controller
line 11 as provided in paragraph (1).
line 12 (B) A resolution to increase the additional service fee from two
line 13 dollars ($2) to four dollars ($4) pursuant to subparagraph (A)
line 14 shall be submitted to the department at least six months prior to
line 15 the operative date of the fee increase.
line 16 (3)
line 17 (5) A resolution adopted pursuant to paragraph (1) or (2) shall
line 18 include findings as to the purpose of, and the need for, imposing
line 19 the additional registration fee.
line 20 (b) Notwithstanding Section 13340 of the Government Code,
line 21 the money paid to the Controller pursuant to subdivision (a) is
line 22 continuously appropriated, without regard to fiscal years, for
line 23 disbursement by the Controller to each county that has adopted a
line 24 resolution pursuant to subdivision (a), based upon the number of
line 25 vehicles registered, or whose registration is renewed, to an address
line 26 within that county, or supplemental application for apportioned
line 27 registration, and for the administrative costs of the Controller
line 28 incurred under this section.
line 29 (c) Money allocated to a county pursuant to subdivision (b)
line 30 shall be expended exclusively to fund programs that enhance the
line 31 capacity of local law enforcement to provide automated mobile
line 32 and fixed location fingerprint identification of individuals who
line 33 may be involved in driving under the influence of alcohol or drugs
line 34 in violation of Section 23152 or 23153, or vehicular manslaughter
line 35 in violation of Section 191.5 of the Penal Code or subdivision (c)
line 36 of Section 192 of the Penal Code, or any combination of those and
line 37 other vehicle-related crimes, and other crimes committed while
line 38 operating a motor vehicle.
line 39 (d) The data from a program funded pursuant to subdivision (c)
line 40 shall be made available by the local law enforcement agency to a
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AB 2393— 3 —
line 1 local public agency that is required by law to obtain a criminal
line 2 history background of persons as a condition of employment with
line 3 that local public agency. A local law enforcement agency that
line 4 provides the data may charge a fee to cover its actual costs in
line 5 providing that data.
line 6 (e) (1) Money collected pursuant to this section shall not be
line 7 used to offset a reduction in any other source of funds for the
line 8 purposes authorized under this section.
line 9 (2) Funds collected pursuant to this section, upon
line 10 recommendation of local or regional Remote Access Network
line 11 Boards to the board of supervisors, shall be used exclusively for
line 12 the purchase, by competitive bidding procedures, and the operation
line 13 of equipment that is compatible with the Department of Justice’s
line 14 Cal-ID master plan, as described in Section 11112.2 of the Penal
line 15 Code, and the equipment shall interface in a manner that is in
line 16 compliance with the requirement described in the Criminal Justice
line 17 Information Services, Electronic Fingerprint Transmission
line 18 Specification, prepared by the Federal Bureau of Investigation and
line 19 dated August 24, 1995.
line 20 (f) Every county that has authorized the collection of the fee
line 21 pursuant to subdivision (a) shall issue a fiscal yearend report to
line 22 the Controller on or before November 1 of each year, summarizing
line 23 all of the following with respect to those fees:
line 24 (1) The total revenues received by the county for the fiscal year.
line 25 (2) The total expenditures and encumbered funds by the county
line 26 for the fiscal year. For purposes of this subdivision, “encumbered
line 27 funds” means funding that is scheduled to be spent pursuant to a
line 28 determined schedule and for an identified purchase consistent with
line 29 this section.
line 30 (3) Any unexpended or unencumbered fee revenues for the
line 31 county for the fiscal year.
line 32 (4) The estimated annual cost of the purchase, operation, and
line 33 maintenance of automated mobile and fixed location fingerprint
line 34 equipment, related infrastructure, law enforcement enhancement
line 35 programs, and personnel created or utilized in accordance with
line 36 this section for the fiscal year. The listing shall detail the make
line 37 and model number of the equipment, and include a succinct
line 38 description of the related infrastructure items, law enforcement
line 39 enhancement programs, and the classification or title of any
line 40 personnel.
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— 4 —AB 2393
line 1 (5) How the use of the funds benefits the motoring public.
line 2 (g) For each county that fails to submit the report required
line 3 pursuant to subdivision (f) by November 1 of each year, the
line 4 Controller shall notify the Department of Motor Vehicles to
line 5 suspend the fee for that county imposed pursuant to subdivision
line 6 (a) for one year.
line 7 (h) If any funds received by a county pursuant to subdivision
line 8 (a) are not expended or encumbered in accordance with this section
line 9 by the close of the fiscal year in which the funds were received,
line 10 the Controller shall notify the Department of Motor Vehicles to
line 11 suspend the fee for that county imposed pursuant to subdivision
line 12 (a) for one year. For purposes of this subdivision, “encumbered
line 13 funds” means funding that is scheduled to be spent pursuant to a
line 14 determined schedule and for an identified purchase consistent with
line 15 this section.
O
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AB 2393— 5 —