HomeMy WebLinkAboutMINUTES - 01311995 - 1.23 TO: A BOARD OF SUPERVISORS .�.5--..L.
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FROM: Phil Batchelor, County Administrator : J Costa
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County
24 1995 r\
DATE:
January
.
sueJECT: LEGISLATION: AB 135 (Rainey) - REPEAL OF SUNSET ON TWO $1 VEHICLE
REGISTRATION FEE SURCHARGES FOR VEHICLE THEFT PREVENTION AND
PROSECUTION PROGRAMS AND FOR ABANDONED VEHICLE ABATEMENT PROGRAMS
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ACKNOWLEDGE that the Board of Supervisors is the SPONSOR of AB 135
by Assemblyman Richard Rainey, which would repeal the sunset dates
on the $1 vehicle registration fee surcharges for vehicle theft
prevention and prosecution programs and for abandoned vehicle
abatement programs .
BACKGROUND:
Current law provides a $1 surcharge on each vehicle registration to
fund a vehicle theft prevention program. This authority expires
January 1, 1996 .
Current law provides for a $1 surcharge on each vehicle
registration to fund abandoned vehicle abatement programs .. This
authority expires for this County in early 1996 .
Two of the elements of the Board' s 1995 Legislative Program call
for the repeal of the sunset dates on the $'1 vehicle registration
fee surcharge -for vehicle theft prevention and prosecution programs
and for abandoned vehicle abatement programs .
Assemblyman Richard Rainey has agreed to author this legislation
for the County and has introduced AB 135 for this purpose. AB 135
repeals the sunset date language for both programs and makes other
technical changes to these programs .
In view of the fact that the Board of Supervisors included these
provisions in its 1995 Legislative Program, it is appropriate for
the Board of Supervisors to now acknowledge that it is the sponsor
of AB 135.
CONTINUED ON ATTACHMENT: YES SIGNATURE:��� Z241�
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S :
/�/WJ��A,4
ACTION OF BOARD ON APPROVED AS RECOMMENDED 7)C, 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 JAN 3 11995'
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: See Page 2 SUPERVISORS AND COUNTY ADMINISTRATOR
RY Imo..)i/VLSLl1/d�- j ,11 A! w DEPUTY
-2-
cc: County Administrator
Sheriff-Coroner
District Attorney
George Roemer, Senior Deputy County Administrator
John Gregory, Code Compliance Coordinator
Les Spahnn, Heim, Noack, Kelly & Spahnn CUtA CAO
t a3
f 3
CALIFORNIA LEGISLATURE-1995-96 REGULAR SESSION
ASSEMBLY BILL No. 135
i
i
Introduced by Assembly Member Rainey
January 13, 1995
1
An act to amend Sections 9250.7, 9250.14, and 22710 of the
Vehicle Code, relating to vehicles, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 135, as introduced, Rainey. Vehicles: registration fees.
p` (1) Existing law, in addition to the other fees imposed for
the registration,of a vehicle, imposes, with certain exceptions,
an additional fee of $1; and continuously appropriates the
money to fund local programs relating to vehicle theft crimes.
,t These provisions are to be repealed as of January 1, 1996.
-" This bill would delete that repeal date and thus would
extend the fee and continuous appropriation indefinitely,
thereby making an appropriation.
(2) Existing law, in addition to the other fees imposed for
the registration of a vehicle, imposes, with certain exceptions,
an additional fee of $1, and continuously appropriates the
money to fund specified vehicle abatement programs. These
provisions are required to terminate not later than 5 years
from the date that actual collection of the fee commenced.
This bill would delete the requirement that. the provisions
terminate as specified and thus would extend the fee and
continuous appropriation indefinitely, thereby making an
appropriation.
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P°Pnc-
AB 135 -- 2 —
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 9250.7 of the Vehicle Code is
2 amended to read:
3 9250.7. (a) A service authority established under ;. .
4 Section 22710 may impose a service fee of one dollar ($1)
5 on vehicles registered to an owner with an address in the
6 county Leh that established the service authority. The
7 fee shall be paid to the department at the time of
8 registration, or renewal of registration, or when renewal
9 becomes delinquent, a e 4; 2, except
10 on vehicles that are expressly exempted under this code
11 from the payment of registration fees.
12 (b) The department, after deducting its
13 administrative costs, shall transmit; at least quarterly, the
14 net amount collected pursuant to subdivision (a) to the
15 Treasurer for deposit in the Abandoned Vehicle Trust
16 Fund, which is hereby created. All money in the fund is
17 continuously appropriated to the . Controller for
18 allocation to a service authority --e that has an
19 approved abandoned vehicle abatement program
20 pursuant to Section 22710, and for payment of the
21 administrative costs of the Controller. After deduction of
22 its administrative costs, the Controller shall allocate the
23 money in _the Abandoned Vehicle Trust Fund to each
iY 24 service authority in proportion to the revenues received
25 from the fee imposed by that authority pursuant to
26 subdivision (a) .
27 +e} The fee }fpeseEl by a serviee ettitherrity shad
28 refftetin ift effeet effly few ft per-ieElof five years fref the
29 cue thftt etetual eelleetiett of the fee eeffiffiett
30 SEC. 2. Section 9250.14 of the Vehicle Code is
31 amended to read:
32 9250.14. (a) In addition to any other fees specified in
33 this code and the Revenue and Taxation Code, upon the
34 adoption of a resolution by any county board of
35 supervisors, a fee of one dollar ($1) shall be paid at the
09
-- 3 — AB 135
: yes. ,
1 time of registration or renewal of registration of every
2 vehicle registered to an address within that county except
9ws: 1 3 those expressly exempted from payment of registration
4 fees. The fees, after deduction of the administrative costs
Je is 5 incurred by the department in carrying out this section,
6 shall be paid quarterly to the Controller.
ader 7 (b) Notwithstanding Section 13340 of the
8 Government Code, the money paid to the Controller is
1 the 9 continuously appropriated, without regard to fiscal years,
The 10 for the administrative costs of the Controller, and for
e of 11 disbursement by the Controller to each county whieh
-wal 12 that has adopted a resolution pursuant to subdivision (a),
cept 13 based upon the number of vehicles registered, or whose
'ode 14 registration is renewed, to an address within that county.
15 (c) Money allocated to a county shall be expended to
its 16 fund programs ._� that enhance the capacity of local
the 17 police and prosecutors to deter, investigate, and
the 18 prosecute vehicle theft crimes. In any county with a
'rust19 population of 200,000 or less, the money shall be allocated
id is c,< 20 for those vehicle theft crime programs and for the
for 21 prosecution of crimes involving driving under the
an 22 . influence of alcohol or drugs in violation of Section 23152
ram 23 or 23153, or vehicular manslaughter in violation of Section
the 24 191.5 or subdivision (c) of Section 192 of the Penal Code,
n of ' 25 or any combination of those crimes. A program shall be
the 26 eligible for funding under this subdivision if, on an annual
,ach a 27 basis, more than one-half of all the personnel time and
ved 28 other resources funded are expended for the exclusive
t to 29 purpose of deterring, investigating, or prosecuting
30 vehicle theft crimes, or prosecuting the other crimes
} }} 31 authorized by .this subdivision.
the 32 (d) Aftyfittidsdbyffeoutity
33 seetiett whieh are n,4 empended to deter-; ,
e -34 pis to s� +e} prier- to
° 35 any 4-, 96, be rimed to the Gettt -eller, �
3 in 36 deposit i-ft the Meter- Vie Aeeattnt ift the She
the
37 Fund:
of 38 {e+ No money collected pursuant to this section shall
the 39 be expended to offset a reduction in any other source of
40 funds.
99
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AB 135 — 4 -
1T449
4 — yy
1 I,
1 {€}- T449seetian � ef€eet e� until
2 januetry 4-, 1996, ftftd fts 4 ewe mess ek
3 letter eneteted statute, whieh is efiftetedbefer-e� 4;
4 1996, deletes e extends thft� date.
-
` 5 SEC. 3. Section 22710 of the Vehicle Code is amended
6 to read:
7 22710. (a) A service authority for the abatement of
8 . abandoned vehicles may be established, and a one dollar
9 ($1) vehicle registration fee imposed, in any county if the
10 board of supervisors-of the. county, by a two-thirds vote,
11 and a, majority of the cities having a majority of the
12 incorporated population within the county have adopted
13 resolutions providing for the establishment of the
14 authority and imposition of the fee. The membership of
15 the authority shall be determined by concurrence of the
16 board of supervisors and a majority vote of the majority
17 of the cities within the county having a majority of the
18 incorporated population.
19 (b) The authority may contract and may undertake
20 any act convenient or necessary to carry out any law
21 relating to the authority. The authority shall be staffed by
22 existing personnel of the city, county, or county
23 transportation commission.
24 (c) (1) Notwithstanding any other provision of law, a .
25 service authority may adopt an ordinance establishing
26 procedures for the abatement, removal, and disposal as
r 27 public nuisances, of abandoned, wrecked, dismantled, or
28 inoperative vehicles or parts thereof from private or
c S JY
` 29 public property; and for the recovery,pursuant to Section
30 25845 or'38773.5 of the Government Code, or assumption
31 by the service authority, of costs of administration and
32 that removal and disposal. The actual removal and
33 disposal of vehicles shall be undertaken by an entity ,y
34 -rte that may be a county or city or the department,
35 pursuant to contract with the service authority as
36 provided in this section.
37 (2) The money received by an authority pursuant to
38 Section 9250.7 and this section shall be used only for the
39 abatement, removal, and disposal as public nuisances of
99
-- 5 — AB 135
fy� 1 any abandoned, wrecked, dismantled, or inoperative
x, 2 vehicles or parts thereof from private or public property.
t 3 (d) (1) An abandoned vehicle abatement program
4 and plan of a service authority shall be implemented only
5 with the approval of the county and a majority of the
f
6 cities having a majority of the incorporated population.
i
7 (2) The department shall provide guidelines for
8 abandoned vehicle abatement programs. An authority's
9 abandoned vehicle abatement plan and program shall be
10 consistent with those guidelines,and shall provide for,but
11 not be . limited to, an estimate of the number of
12 abandoned vehicles, a disposal and enforcement strategy
13 including contractual agreements, and appropriate fiscal
14 controls.
15 (3) The $ pliat Shall he n.,b._ 4t te the
16 depa..t.i.�",, A st -; 1991. The depetrtffie SlIftil
17 t4e p�a�crake e sio ;
18 if of the pleat b-y Oeteber 4; !99!.
19fitY Sliffli Soffit the per, a3 rrev4sed, to the
20 deep ft 44HAA+ e €aet..,..,.:. .aby the depaf tm to be
21 eansi. e . with the d ti lif es,shad sebtitit the pleeft to the
22 . rrelle by the fellewiftg jetntietr-y 4-. After a plan has
t; 23 been approved pursuant to paragraph (1), the service
. 24 authority shall, not later than August I of the year in
f; I which the plan was approved, submit it to the
3' 26 department for review, and the department shall, not
27 later than Octoberl ofthatsame year, either approve the
28 plan as submitted ormake recommendations for revision.
29 ,After the plan has received the department's approval as
?f 30 being consistent with the department's guidelines, the
{ 31 service authority shall, not later than January 1 of the
32 following year, submit it to the Controller. Except as
33 provided in subdivision (e) , the Controller shall make no
34 allocations for a calendara to ear service y se vice authority for
35 which an approved plan was not received on or before
36 January 1 of that year.
37 (e) Any at►'pr-eved p 13,y the
38 ertither-ity plan that has been submitted to the Controller
39 pursuant to subdivision (d) may be revised pursuant to
40 the procedure prescribed in that subdivision -(d+,
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AB 135 — 6 -
1 including compliance with any dates described therein
2 for submission to the department and the Controller,
3 _ respectively, in the year in which the revisions are
4 proposed. Compliance with that procedure shall only be
5 required if the revisions are substantial. A service
6 authority .--� that is newly formed and has not
.7 complied with subdivision (d) may so comply after the
8 dates specified in subdivision (d) by submitting an
9 approved plan. on or before those dates in the year in
10 which the plan is. submitted.
11 { - z4 seg= cue a ke shalleerie e e i a the to e
12. .ih4 a4 reventiess reeewed by thePur
t-e
13 seetion ftFA Seetien 9250.7 have been empend
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