BILL NUMBER: AB 723	CHAPTERED  09/04/01

	CHAPTER  227
	FILED WITH SECRETARY OF STATE  SEPTEMBER 4, 2001
	APPROVED BY GOVERNOR  SEPTEMBER 1, 2001
	PASSED THE SENATE  JULY 21, 2001
	PASSED THE ASSEMBLY  APRIL 23, 2001

INTRODUCED BY   Assembly Member Vargas

                        FEBRUARY 22, 2001

   An act to amend Sections 5090.70 of the Public Resources Code, and
to amend Section 38225 of the Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 723, Vargas.  Off-highway vehicles.
   Existing law, the Off-Highway Motor Vehicle Recreation Act of
1988, provides for the acquisition, operation, and funding of state
off-highway vehicular recreation areas and trails.  Specified taxes
imposed upon the distribution of motor vehicle fuel and certain fees,
fines, forfeitures, and reimbursements are required to be deposited
in the Off-Highway Vehicle Trust Fund for allocation, upon
appropriation by the Legislature, by the Off-Highway Motor Vehicle
Recreation Commission.
   All of the above provisions in existing law are to be repealed on
January 1, 2003.
   This bill would extend that repeal date until January 1, 2007, and
would similarly extend a January 1, 2007, repeal date, currently
applicable to the collection and disposition of certain related fees,
to January 1, 2007.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 5090.70 of the Public Resources Code is amended
to read:
   5090.70.  This chapter shall remain in effect only until January
1, 2007, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1,  2007, deletes or extends
that date.
  SEC. 2.  Section 38225 of the Vehicle Code as amended by Section 6
of Chapter 202 of the Statutes of 1996, is amended to read:
   38225.  (a) A service fee of seven dollars ($7) shall be paid to
the department for the issuance or renewal of identification of
off-highway motor vehicles subject to identification, except as
expressly exempted under this division.
   (b) In addition to the service fee specified in subdivision (a), a
special fee of eight dollars ($8) shall be paid at the time of
payment of the service fee for the issuance or renewal of an
identification plate or device.
   (c) All money transferred pursuant to Sections 8352.6 and 8352.7
of the Revenue and Taxation Code, all fees received by the department
pursuant to subdivision (b), and all day use, overnight use, or
annual or biennial use fees for state vehicular recreation areas
received by the Department of Parks and Recreation, shall be
deposited in the Off-Highway Vehicle Trust Fund, which is hereby
created.  There shall be a separate reporting of special fee revenues
by vehicle type, including four-wheeled vehicles, three-wheelers,
motorcycles, and snowmobiles.  All money shall be deposited in the
fund, which is a trust fund, and, upon appropriation by the
Legislature, shall be allocated by the Off-Highway Motor Vehicle
Recreation Commission, as provided in this section.  Money in the
fund shall be administered by the commission, as trustee of the fund,
and, subject to Section 5090.61 of the Public Resources Code, shall
be allocated for those purposes set forth in Sections 38240 and
38240.1.
   (d) Any money temporarily transferred by the Legislature from the
Off-Highway Vehicle Trust Fund to the General Fund shall be
reimbursed, without interest, by the Legislature within two fiscal
years of the transfer.
   (e) This section shall remain in effect only until January 1,
2007, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2007, deletes or extends
that date.  Any unencumbered funds remaining in the Off-Highway
Vehicle Trust Fund on January 1, 2007, shall be transferred to the
General Fund.
  SEC. 3.  Section 38225 of the Vehicle Code is amended to read:
   38225.  (a) A service fee of seven dollars ($7) shall be paid to
the department for the issuance or renewal of identification of
off-highway motor vehicles subject to identification, except as
expressly exempted under this division.
   (b) This section shall become operative on January 1, 2007.