HomeMy WebLinkAboutMINUTES - 03221994 - 1.5 (2) ,1
TO: BOARD OF SUPERVISORS s L
Contra.
Phil Batchelor, County Administrator i
FROM: Costa_osta
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x, . _ _ :. __ • County
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DATE: March 10, 1994 rq coon`r•t
LEGISLATION' AB 3379 (Rainey) RE FUNDING THE
SUBJECT: SHERIFF'S MARINE PATROL
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
1 . ACKNOWLEDGE that the Board of Supervisors is the SPONSOR of AB
3379 by Assemblyman Rainey, which would increase the vessel
registration fee and dedicate the proceeds to the Sheriff ' s
Marine Patrol .
2 . CONSENT to amendments to AB 3379 which will provide that in
order to receive this additional revenue, the County must
first spend 100% of the amount of personal property tax
revenue it retains from vessels on the Sheriff ' s Marine
Patrol .
BACKGROUND:
One of the items on the Board's 1994 Legislative Program is to
sponsor legislation which would increase the vessel registration
fee and dedicate° the proceeds to the Sheriff 's Marine Patrol .
Assemblyman Rainey has agreed to author legislation to accomplish.
what the Board is seeking and has introduced AB 3379 for this
purpose. AB 3379 provides for an increase in the vessel
registration fee from $5 to $15 and dedicates all of that new
revenue to the Sheriff 's Marine Patrol . The bill applies only to
the five "Delta" counties : Contra Costa, Sacramento, San Joaquin,
Solano and Yolo. '
CONTINUED ON ATTACHMENT: YES SIGNATURE:
L RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON �rt6�,'�2 -1_994 APPROVED AS RECOMMENDED 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 //�^'�`�2 2 .2/ �7
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
CC: County Administrator SUPERVISORS AND COUNTY ADMINISTRATOR
Auditor-Controller
Sheriff-Coroner `
Les Spahnn, Heim, Noack & Spahnn BY-- DEPUTY
-2-
In its current form, the bill requires that, in order to receive
the funds, a Board of Supervisors must adopt a Resolution each year
indicating that it has provided, in the County Budget for that
year, an amount which is not less than the smaller of:
1 . The amount spent on the Sheriff's Marine Patrol in the 1992-93
fiscal year, or
2 . Fifty percent of the amount of personal property tax revenue
on vessels received by the county in the most recently
completed tax year.
At a hearing before Senator Patrick Johnston last month,
Assemblyman Rainey and Senator Boatwright agreed on a compromise
which would require the county to spend 100% of the personal
property tax revenue on vessels received by the county in order to
receive the revenue from the increased registration fee.
This compromise appears to staff to be acceptable in view of the
substantially smaller proportion of the property tax which is being
retained by the County after the transfers of property tax revenue
from the County to the State which have been enacted over the past
two years . The County is now receiving only about one-half of the
proportion of the property tax it did two years ago and, therefore,
the amount of personal property tax which is being retained by the
County is similarly reduced. In fact, it appears that for the
1993-94 fiscal year, the County is spending at least this amount of
money on the Sheriff 's Marine Patrol . There should not, therefore,
be any problem with continuing to provide this amount of money in
order to receive the additional revenue from the vessel
registration fee.
We are, therefore, recommending that the Board of Supervisors
acknowledge that it is the sponsor of AB 3379 and agree to the
proposed amendment outlined above.
CALIFORNIA LEGISLATURE--1993-94 REGULAR SESSION
ASSEMBLY BILL No. 3379
Introduced by Assembly Member Rainey
(Coauthor: Senator Johnston)
February 24, 1994
An act to amend Sections 9860 and 9863 of, 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 3379, 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 impose on watercraft registered in specified
counties an increased renewal fee of $15. The bill would
require the Department of Motor Vehicles to transmit to the
Controller the money derived from the increase, which
would be continuously appropriated to the Controller for
allocation to the specified counties so that each county
receives $10 for each watercraft that is registered with an
address in the county, for use in boating and safety programs,
as prescribed.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
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AB 3379 — 2 —
The
2 —.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 potential registration
7 card issued by the department. The Except as provided
8 in Section 9860.1, the fee for renewal shall be five dollars
9 ($5) per year and shall accompany the request for
10 renewal. If the certificate of number and potential
11 registration card are unavailable, a fee as specified in
12 Section 9867 shall not be paid.
13 SEC. 2. Section 9860.1 is added to the Vehicle Code,
14 to read:
15 9860.1. (a) The fee for renewal shall be fifteen dollars
16 ($15) per year and. shall accompany the request for
17 renewal.
18 (b) If the certificate of number and potential
19 registration card are unavailable, a fee as specified in
20 Section 9867 shall not be paid.
21 (c) This section is applicable only to vessels registered
22 in the Counties of Contra Costa, Sacramento, San
23 Joaquin, Solano, and Yolo.
24 SEC. 3. Section 9863 of the Vehicle Code is amended
25 to read:
t 26 9863. (a) Except as provided in subdivision (b) and
27 Section 9863.5, all fees received, except moneys collected
28 under Section 9875, pursuant to this chapter shall be
29 deposited in the Harbors and Watercraft Revolving-Fund
30 and are appropriated for the administration of this
31 chapter. Any of ftieh the money in the Harbors and
32 Watercraft Revolving Fund in excess of the amount
33 determined by the Director of Finance, from time to
34 time, to be necessary for expenditure for the
35 administration of this chapter shall be available for
36 expenditure in accordance with Section 85.2 of the
37 Harbors and Navigation Code.
38 (b) All money derived from the increase in fees
99 120
- 3 — AB 3379
1 required pursuant to this chapter by the amendment of
2 Sections 9853, 9855, 9860, 9867, and 9901 enacted at the
3 1980 portion of the 1979-80 Regular Session of the
4 Legislature shall be deposited in the Harbors and
5 Watercraft Revolving Fund and is continuously
6 appropriated for support of local boating safety and
7 enforcement programs as provided in Section 663.7 of the
8 Harbors and Navigation Code.
9 SEC. 4. Section 9863.5 is added to the Vehicle Code,
10 to read:
11 9863.5. (a) Notwithstanding Section 9863, the
12 department shall transmit to the Controller all money
13 derived from the increase in fees required pursuant to
14 this chapter by the addition of Section 9860.1, which is
15 hereby continuously appropriated to the Controller for
16 allocation to an eligible county by the Controller, based
17 on the address of the owner of the vessel so that each
18 eligible county receives ten dollars ($10) for each vessel
19 that is registered with an address in that county.
20 (b) The department shall not receive any of these
21 additional fees to reimburse it for the cost of
22 administering this chapter.
23 (c) All funds received by a county pursuant to this
24 section shall be allocated by the board of supervisors to
25 the sheriff of that county for boating safety and
26 enforcement programs on waters under the jurisdiction
27 of the sheriff and shall be used to restore or enhance
28 boating safety and enforcement programs as defined in
29 subdivision (a) of Section 663.7 of the Harbors and
30 Navigation Code.
31 (d) Funds received by a county pursuant to this
32 section shall not be counted as aid to the county for the
33 purposes of allocations made pursuant to Section 663.7 of
34 the Harbors and Navigation Code.
35 SEC. 5. Section 9863.6 is added to the Vehicle Code,
36 to read:
37 ' 9863.6. (a) For purposes of Section 9863.5, "eligible
38 county" means the Counties of Contra Costa,
39 Sacramento, San Joaquin, Solano, and Yolo, if the board
40 of supervisors of the county has adopted a resolution
99 150
r p'
AB 3379 — 4 -
1
4 -
1 certifying that, for each year in which it wishes to receive
2 funds from the vessel registration fee increase pursuant
3 to Section 9860.1, it has budgeted for the sheriff's marine
4 patrol services in that county not less than the smaller of
5 the following:
6 (1) The amount spent on these services during the
7 1992-93 fiscal year, as defined in subdivision (a) of
8 Section 663.7 of the Harbors and Navigation Code.
9 (2) Fifty percent of the amount received by the
10 county from personal property taxes on vessels in the
11 most recently completed tax year.
12 (b)`; The resolution shall be forwarded to the
13 Controller by September 15 of each year, before the
14 Controller releases any funds to the county pursuant to
15 Section 9863.5.
16 (c)11 Any funds which are received for a county listed in
17 subdivision (c) of Section 9860.1 which has not forwarded
18 a resolution to the Controller pursuant to subdivision (b)
19 shall be allocated by the Controller to other eligible
20 counties in proportion to the amounts otherwise
21 allocated to the other eligible counties in that fiscal year.
O
99 160