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HomeMy WebLinkAboutMINUTES - 04191994 - 1.95 _ q.5 TO: BOARD OF SUPERVISORS Contra r _•. FROM: Phil Batchelor, County Administrator �y /' Costa d ate► ,•S County DATE: April i l 13 1994 P � sTA COUN'� SUBJECT: LEGISLATION: AB 3379 (Rainey) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ACKNOWLEDGE that the Board of Supervisors is the SPONSOR of AB 3379 by Assemblyman Rainey (co-authored by Senator Patrick Johnston) , which would increase the registration fee on boats by $10 ( from $5 to $15 annually) in the five Delta Counties (Contra Costa, Sacramento, San Joaquin, Solano and Yolo) and dedicate the proceeds of the increased revenue to the Sheriff' s Patrol in each county. BACKGROUND: Providing a funding source for the Sheriff 's Marine Patrol is a high priority in the Board' s 1994 Legislative Program. The County Administrator' s Office, Supervisor Torlakson, the Sheriff and the County' s lobbyist in Sacramento have been working very hard with their colleagues in the other Delta Counties, Assemblyman Rainey, Senator Johnston and the Delta Protection Commission to find a reasonable compromise which can achieve passage in the Legislature and get the Governor' s signature. We believe that we have at least the initial basis for such a compromise in AB 3379, as amended April 4 , 1994 . AB 3379 would to the following: • In the five Delta Counties, increase the boat registration fee from $5 to $15 per year. • Require that the increased revenue be forwarded to each of the five counties, based on the number of boats which are registered in that county. • Require that the County dedicate the increased funds to boating safety and enforcement programs, generally the Sheriff 's Marine Patrol Program in is Count . CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON AprilAPPROVED AS RECOMMENDED �_ OTHER i 0 VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT I ) 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- April 19 , 1994 Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF CC: County Administrator SUPERVISORS AND COUNTY ADMINISTRATOR Sheriff-Coroner Supervisor Torlakson Les Spahnn, Heim, Noack & Spahnn , BY DEPUTY -2- In order to be eligible for these funds, require a county to certify that it had budgeted for the sheriff ' s marine patrol services not less than 100% of the amount received by the county from personal property taxes on vessels in the most recently completed tax year. Because of the substantial reduction in property tax revenue resulting from the property tax shifts implemented by the State over the past two years, the amount of personal property tax which the County retains has been reduced dramatically - to the point that for the current fiscal year the County is already budgeting more than this amount of money for the Sheriff ' s Marine Patrol Program. There are approximately 35,000 boats registered in Contra Costa County. An increase of $10 in the registration fee for each of these boats would generate an additional $350,000 for the Sheriff ' s Marine Patrol . While this would not be enough in and of itself to restore the level of service which has been enjoyed historically, it would certainly go a long way in that direction. In view of the fact that Assemblyman Rainey has introduced AB 3379 at the request of the Board of Supervisors, it is appropriate for the Board to acknowledge that it is the sponsor of AB 3379 . AMENDED IN ASSEMBLY APRIL 4, 1994 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 amended, 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. 98 80 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. Except as provided in 8 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: 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 the money in the Harbors and Watercraft 32 Revolving Fund in excess of the amount determined by 33 the Director of Finance, from time to time, to be 34 necessary for expenditure for the administration of this 35 chapter shall be available for expenditure in accordance 36 with Section 85.2 of the Harbors and Navigation Code. 37 (b) All money derived from the increase in fees 38 required pursuant to this chapter by the amendment of 98 120 - 3 — AB 3379 1 Sections 9853, 9855, 9860, 9867, and 9901 enacted at the 2 1980 portion of the 1979-80 Regular Session of the 3 Legislature shall be deposited in the Harbors and 4 Watercraft Revolving Fund and is continuously 5 appropriated for support of local boating safety and 6 enforcement programs as provided in Section 663.7 of the 7 Harbors and Navigation Code. 8 SEC. 4. Section 9863.5 is added to the Vehicle Code, 9 to read: 10 9863.5. (a) Notwithstanding Section 9863, the 11 department shall transmit to the Controller all money 12 derived .from the increase in fees required pursuant to 13 this chapter by the addition of Section 9860.1, which is 14 hereby continuously appropriated to the Controller for 15 allocation to an eligible county by the Controller, based 16 on the address of the owner of the vessel so that each 17 eligible county receives ten dollars ($10) for each vessel 18 that is registered with an address in that county. 19 (b) The department shall not receive any of these 20 additional fees to reimburse it for the cost of 21 administering this chapter. 22 (c) All funds received by a county pursuant to this 23 section shall be allocated by the board of supervisors to 24 the sheriff of that county for boating safety and 25 enforcement programs on waters under the jurisdiction 26 of the sheriff and shall be used to restore or enhance 27 boating safety and enforcement programs as defined in 28 subdivision (a) of Section 663.7 of the Harbors and 29 Navigation Code. 30 (d) Funds received by a county pursuant to this 31 section shall not be counted as aid to the county, for the 32 purposes of allocations made pursuant to Section 663.7 of 33 the Harbors and Navigation Code. m 34 SEC. 5. Section 9863.6 is added to the Vehicle Code, 35 to read: 36 9863.6. (a) For purposes of Section 9863.5, "eligible 37 county" means the Counties of Contra Costa, 38 Sacramento, San Joaquin, Solano, and Yolo, if the board 39 of supervisors of the county has adopted a resolution 40 certifying that, for each year in which it wishes to receive 98 150 AB 3379 — 4 - 1 4 - 1 funds from the vessel registration fee increase pursuant 2 to Section 9860.1, it has budgeted for the sheriff's marine 3 patrol services in that county not less than the e of 4 the 5 +1+ The affieunt spent erg these V&eeU dig the 6 'n� f}seal �� ae defined ift -(-a+ of 7 8eetien 6633.7 of the Har-bers a-R4 Nayigetti Cede. 8 +2* Fifty an amount equal to 100 percent of the 9 amount received by the county from personal property 10 taxes on vessels in the most recently completed tax year. 11 (b) The resolution shall be forwarded to the 12 Controller by September 15 of each year before the 13 Controller releases any funds to the county pursuant to 14 Section 9863.5. 15 (c) Any funds which are received for a county listed in 16 subdivision (c) of Section 9860.1 which has not forwarded 17 a resolution to the Controller pursuant to subdivision (b) 18 shall be allocated by the Controller to other eligible 19 counties in proportion to the amounts otherwise 20 allocated to the other eligible counties in that fiscal year. 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