HomeMy WebLinkAboutMINUTES - 01311995 - 1.2 (2) TO: BOARD OF SUPERVISORS 5 Contra
Jr,
FROM: Phil Batchelor, County Administrator ,
Costa
County
DATE:
January 24, 1995
SUBJECT: LEGISLATION: AB 122 (Rainey) - INCREASE IN VESSEL REGISTRATION FEE
BY $10 PER YEAR WITH THE PROCEEDS TO BE DEDICATED TO THE SHERIFF'S
MARINE PATROL
SPECIFIC REOUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ACKNOWLEDGE that the Board of Supervisors is the SPONSOR of AB 122
by Assemblyman Richard Rainey, which, as introduced, would increase
the vessel registration fee by $10 per year ( from $5 to $15) , with
,the proceeds from the increase being dedicated to the Sheriff ' s
Marine Patrol or similar boating and safety programs .
BACKGROUND:
Current law provides for a $5 annual registration fee for vessels .
Contra Costa County has tried for several years to have this fee
increased to fund the Sheriff ' s Marine Patrol Program, which has
had to be drastically cut over the past few years .
One of the elements of the Board' s 1995 Legislative Program calls
for working with the boat owners organizations and other interested
parties in an effort to arrive at a solution for funding the Marine
Patrol which can be supported by all affected parties . This might
or might not end. up being a vessel registration fee increase,
depending on the nature and direction that the negotiations take.
Assemblyman Richard Rainey has agreed to author this legislation
for the County and has introduced AB 122 for this purpose. As
introduced, AB 122 is identical to legislation the County sponsored
last year. Specifically, AB 122 would do the following:
♦ Apply only to the five "Delta" counties - Contra Costa,
Sacramento, San Joaquin, Solano and Yolo.
♦ Increase the vessel registration fee by $10 per year.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON January APPROVED AS RECOMMENDED __X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED
Contact: PHI BATCHELOR,CgZ7 OF THE BOARD OF
cc: See Page 2 SUPERVISORS AND COUNTY ADMINISTRATOR
DEPUTY
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_2_
♦ Allow the DMV to subtract its administrative costs from the
revenue and forward the balance to the State Controller.
♦ Direct the Controller to forward to each of the counties $10
for each vessel which is registered in that county.
♦ Require the Board of Supervisors to allocate those funds to
the Sheriff for specified boating and safety programs,
including Marine Patrol .
♦ As a condition of being eligible to receive these funds,
requires that the Board of Supervisors certify to the
Controller that it has budgeted for the Sheriff ' s Marine
Patrol Services at least 100% of the amount received by the
County from personal property taxes on vessels in the most
recently completed tax year.
♦ Makes the fee increase effective September 1, 1996 .
In view of the fact that the Board of Supervisors included this
provision in its 1995 Legislative Program, it is appropriate for
the Board of Supervisors to now acknowledge that it is the sponsor
of AB 122, recognizing that the content of AB 122 may be amended as
negotiations with boating groups continue. The Board of
Supervisors will be advised of any such amendments and will be
asked to reaffirm its sponsorship of the bill with those
amendments .
cc : County Administrator
Sheriff-Coroner
Auditor-Controller
George Roemer, Senior Deputy County Administrator
Les Spahnn, Heim, Noack, Kelly & Spahnn CV1A CPO)
5
CALIFORNIA LEGISLATURE-1995-96 REGULAR SESSION
ASSEMBLY BILL No. 122
Introduced by Assembly Member Rainey
January 12, 1995
An act to amend Sections 9860 and '9863 7of,-and to add
Sections 9860.1,: 9863.5, and 9863.6;'to; ` the Vehicle Code,
relating to vessels, and'making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 122, as introduced, Rainey. Personal watercraft:
certificate renewal fees.
Existing law requires undocumented watercraft to,have a
current-registration, renewed yearly. Existing law imposes a
$5 fee:for the renewal.
\ , This bill would, if the board of supervisors of specified
counties adopts a prescribed resolution; impose on watercraft
registered in those counties an increased renewal fee of$15.
The bill would require the Department of Motor Vehicles
;;. after deducting specified administrative costs, to transmit to
the Controller the money derived from the increase, which
would be continuously appropriated to the= 'Controller, for
allocation to a specified county so that the county receives$10
!' for each watercraft that is located at an address in the county,
for use in boating and safety programs; as prescribed. The bill
would appropriate $73,000, as a loan, from the Harbors and
j Watercraft Revolving Fund to the department for its initial
costs in administering the fee increase, to be repaid by the
department from revenues derived from the fee increase, as
99
a"
AB 122 — 2 —
specified.
2 —
specified. The provisions of the bill regarding the increased
fees would become operative on September 1, 1996.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows,
1 SECTION 1. Section 9860 of the Vehicle Code is
2 amended to read:
3 9860. Certificates of number shall be renewed before
4 midnight of the' expiration date every year by
5 presentation of the certificate of number last issued for
6 the vessel or by-presentation of a peel
7 eat renewal notice issued by the department. The
8 Except as;provided in Section.9860.1, the fee for renewal
9 shall be five dollars ($5) per year and shall accompany the
10 request for renewal. If the certificate of number and
11 peead renewal notice are
12 unavailable, a fee as specified in Section 9867 shall not be
13 paid.
14 SEC. 2. Section 9860.1 is added to the Vehicle Code;
15 to read:
16 , 9860.1. (a) The fee for renewal shall be fifteen dollars
17 ($15) per year and shall accompany,-the request for
18 renewal.
19 (b) If the certificate of number and renewal notice are :±
20 unavailable, a fee as. specified in Section 9867 shall not be
21 paid.
22 (c) This section applies only to,a vessel registered in
23 the County of Contra Costa, ,Sacramento, San Joaquin,
24 Solano,or Yolo, and only if the board of supervisors of the
25 county , in which the vessel is registered adopts a
26 resolution pursuant to subdivision (a) of Section 9863.6.
27 (d) This section shall become operative on September
28 1, 1996.
29 SEC. 3. Section 9863 of the Vehicle Code is amended
30 to read:
31 9863. (a) Except as provided in subdivision (b) and
32 Section 9863.5, all fees received, except moneys collected
33 under Section 9875, pursuant to this chapter shall be
99
l aO
- 3 — AB 122
eased
' 1 deposited in the Harbors and Watercraft.Revolving Fund
yes. 2 and are appropriated for the administration of this
3 chapter. Any of stieh the money in the Harbors and
4 Watercraft Revolving ,Fund in excess of the amount
'ows. 5 determined by the Director of Finance, from time to
6 time, to be necessary for expenditure for the
3e is ' ! 7 administration of this chapter shall be available for
8 expenditure in accordance :,with Section 85.2 of the
More 9 Harbors and Navigation Code.
by 10 (b) All money derived from the increase in fees
d for 11 required pursuant to this chapter by the amendment of
12 Sections 9853, 9855, 9860, 9867;.and, 9901 enacted at the
Th
e 13 1980 portion of the . 1979-80 Regular Session of the
ewal 14 Legislature shall be deposited in the Harbors and
y the . 15 Watercraft Revolving Fund and is continuously
and 16 appropriated for support of local ,boating safety and
are 17 enforcement programs as provided in Section 663.7 of the
of be- 18 Harbors and Navigation Code.
19 SEC. 4. Section 9863.5 is added to the Vehicle Code,
:ode, i,,^ 20 to read--.
21 9863.5. (a) Except as provided in subdivision (d);
:)llars 22. and notwithstanding Section 9863,.the department, after
t for 23 deduction of the department's costs in ,administering
24 Section 9860.1 and this section, shall transmit to the
:e are 25 Controller all money derived from the increase. in fees
of be 26 required pursuant to this chapter by the addition of
27 Section 9860.1, which is hereby continuously
ed in 28 appropriated to the Controller for allocation to an eligible
quina 29 county by the Controller, based on the vessel being
)f the 30 located at an address in that county so that each eligible
As a 31 county receives ten dollars ($10) for each vessel located
63.6. 32 in that county.
33 (b) All funds received by a county pursuant to this
nber # 34 section shall be allocated by the board of supervisors to,
nded 35 the sheriff of that county for boating safety and
36 enforcement programs on waters under .the jurisdiction
and 37 of the sheriff and shall be used to restore or enhance
acted 38 boating safety and enforcement programs as defined in.
X11 be I 39 subdivision (a) of Section 663.7 of the Harbors and
y
40 Navigation Code.
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AB 122 — 4 —
i
1 (c) Funds received by a county pursuant to this, '�
21 section shall not be counted as aid to the county for the
3 purposes of allocations made pursuant to Section 663.7 of
4 the Harbors and Navigation Code.
5 (d) The first seventy-three thousand dollars ($73,000)
6 collected by'thei department pursuant to Section 9860.1
j 7 , shall be transmitted to the Controller for deposit in the
8; Harbors and 'Watercraft Revolving Fund to repay� the
9 loan provided by the statute that added this section.
10- (e) Thissection shallbecome operative on September
ii 1;4996
12' SEC 5 Section 9863.6 is added to the Vehicle Code,
13 to,read:
14 '9863:6: ' (EO ' For purposes of Section 9863.5, "eligible
15 ' county" means the Counties of Contra Costa,
16 .:Sacramento; San Joaquin, Solan and and Yolo, if the board
17 of `supervisors `of the°county has adopted a resolution
18 certifying that it wishes tohave a vessel registration fee
19increase pursuant to -Section-9860.1 and certifying that,
20 for each year in which it wishes to receive funds from that
21`j..increase, it has,.budgeted. for the sheriffs marine patrol
J 22 services xn that county not less than`an amount equal to
23 ; : 1,00percent'of the-amount received by the county from
24' .personal property taxes on vessels"in the most recently
25 completed'tax year.
26 (b) The resolution shall be forwarded to the
27 Controller by September 15 of each year before the
° � *- 28 Controller releases any funds to the county pursuant to
i.'R'
29 Section 9863:5.
30' (c)- ,Any funds which are received for a county listed in
31 subdivision (c).of Section 9860.1 which has not forwarded
32 a resolution to the Controller pursuant to subdivision (b)
33 shall be allocated by the Controller to other- eligible
34 counties inproportion to the amounts otherwise allocated
35 to the other eligible counties in that fiscal year.
36 (d) This section shall become operative on.September
37 1; 1996.
38 SEC: 6. The sum of seventy-three thousand dollars
39 ($73,000) is :hereby appropriated,' as a loan, from the
40 Harbors and Watercraft Revolving Fund 'to the
99
- 5 — AB 122
this, 1 Department of Motor Vehicles to reimburse the
the 2 department for its initial administrative costs incurred
.7 of 3 pursuant to Sections 9860.1 and 9863.5 of the Vehicle
4 Code.
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