BILL NUMBER: AB 879 CHAPTERED 09/27/02 CHAPTER 986 FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2002 APPROVED BY GOVERNOR SEPTEMBER 27, 2002 PASSED THE ASSEMBLY AUGUST 27, 2002 PASSED THE SENATE AUGUST 12, 2002 AMENDED IN SENATE AUGUST 7, 2002 AMENDED IN SENATE JUNE 29, 2002 AMENDED IN SENATE JUNE 5, 2002 AMENDED IN SENATE APRIL 15, 2002 AMENDED IN ASSEMBLY JUNE 6, 2001 AMENDED IN ASSEMBLY APRIL 5, 2001 INTRODUCED BY Assembly Members Keeley and Salinas (Coauthors: Assembly Members Diaz, Dickerson, and Jackson) (Coauthor: Senator McPherson) FEBRUARY 22, 2001 An act to amend and repeal Section 9250.19 of the Vehicle Code, relating to vehicle registration fees, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST AB 879, Keeley. Vehicle registration fees: law enforcement: crime prevention programs. Existing law provides for the imposition of a $1 fee, upon adoption of a resolution by a county board of supervisors, as specified, in addition to other specified vehicle registration fees, on certain vehicles, as specified. Existing law also imposes in addition to that fee, a $2 service fee on all commercial vehicles, as specified, upon implementation of the permanent trailer identification plate program, as specified. Existing law provides that in regard to these fees, the money generated by these fees and paid to the Controller is continuously appropriated, without regard to fiscal years, for disbursement by the Controller to each county that has adopted a resolution as described above, as specified, and that the money so disbursed may only be used for specified purposes related to law enforcement. Existing law also provides that the fees imposed by these provisions shall remain in effect only for a period of 5 years from the date that the actual collection of the fee commences. This bill would instead repeal these provisions as of January 1, 2006. By extending existing provisions of law providing for disbursements from a continuously appropriated fund, this bill would make an appropriation. The bill would require every county collecting this fee to issue a fiscal yearend report to the Controller, as specified. Failure to timely issue the report would result in suspension of the fee for one year for that county, as specified. The bill would also provide that if funds from this fee are not expended or encumbered by a county by the close of the fiscal year, the fee would be suspended for that county for one year, as specified. The bill would require an annual report on revenue and expenditure in regard to the fee by the Controller to the Legislature, as specified. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 9250.19 of the Vehicle Code is amended to read: 9250.19. (a) (1) In addition to any other fees specified in this code and the Revenue and Taxation Code, upon the adoption of a resolution pursuant to this subdivision by any county board of supervisors, a fee of one dollar ($1) shall be paid at the time of registration, renewal, or supplemental application for apportioned registration pursuant to Article 4 (commencing with Section 8050) of Chapter 4 of every vehicle, except vehicles described in subdivision (a) of Section 5014.1, registered to an address within that county except those expressly exempted from payment of registration fees. The fees, after deduction of the administrative costs incurred by the department in carrying out this section, shall be paid quarterly to the Controller. (2) In addition to the one dollar ($1) service fee, and upon the implementation of the permanent trailer identification plate program, and as part of the Commercial Vehicle Registration Act of 2001, all commercial motor vehicles subject to Section 9400.1 registered to an owner with an address in the county that established a service authority under this section, shall pay an additional service fee of two dollars ($2). (3) A resolution adopted pursuant to paragraph (1) shall include findings as to the purpose of, and the need for, imposing the additional registration fee, and shall identify the date after which the fee shall no longer be imposed. (b) Notwithstanding Section 13340 of the Government Code, the money paid to the Controller pursuant to subdivision (a) is continuously appropriated, without regard to fiscal years, for disbursement by the Controller to each county that has adopted a resolution pursuant to subdivision (a), based upon the number of vehicles registered, or whose registration is renewed, to an address within that county, or supplemental application for apportioned registration, and, upon appropriation by the Legislature, for the administrative costs of the Controller incurred under this section. (c) Money allocated to a county pursuant to subdivision (b) shall be expended exclusively to fund programs that enhance the capacity of local law enforcement to provide automated mobile and fixed location fingerprint identification of individuals who may be involved in driving under the influence of alcohol or drugs in violation of Section 23152 or 23153, or vehicular manslaughter in violation of Section 191.5 of the Penal Code or subdivision (c) of Section 192 of the Penal Code, or any combination of those and other vehicle-related crimes, and other crimes committed while operating a motor vehicle. (d) The data from any program funded pursuant to subdivision (c) shall be made available by the local law enforcement agency to any local public agency that is required by law to obtain a criminal history background of persons as a condition of employment with that local public agency. A local law enforcement agency that provides the data may charge a fee to cover its actual costs in providing that data. (e) (1) No money collected pursuant to this section shall be used to offset a reduction in any other source of funds for the purposes authorized under this section. (2) Funds collected pursuant to this section, upon recommendation of local or regional Remote Access Network Boards to the Board of Supervisors, shall be used exclusively for the purchase, by competitive bidding procedures, and the operation of equipment which is compatible with the Department of Justice's Cal-ID master plan, as described in Section 11112.2 of the Penal Code, and the equipment shall interface in a manner that is in compliance with the requirement described in the Criminal Justice Information Services, Electronic Fingerprint Transmission Specification, prepared by the Federal Bureau of Investigation and dated August 24, 1995. (f) Every county that has authorized the collection of the fee pursuant to subdivision (a) shall issue a fiscal yearend report to the Controller on or before November 1 of each year, summarizing all of the following with respect to those fees: (1) The total revenues received by the county for the fiscal year. (2) The total expenditures and encumbered funds by the county for the fiscal year. For purposes of this subdivision, "encumbered funds" shall mean funding that is scheduled to be spent pursuant to a determined schedule and for an identified purchase consistent with this section. (3) Any unexpended or unencumbered fee revenues for the county for the fiscal year. (4) The estimated annual cost of the purchase, operation, and maintenance of automated mobile and fixed location fingerprint equipment, related infrastructure, law enforcement enhancement programs, and personnel created or utilized in accordance with this section for the fiscal year. The listing shall detail the make and model number of the equipment, and include a succinct description of the related infrastructure items, law enforcement enhancement programs, and the classification or title of any personnel. (5) How the use of the funds benefits the motoring public. (g) For each county that fails to submit the report required pursuant to subdivision (f) by November 1 of each year, the Controller shall notify the Department of Motor Vehicles to suspend the fee for that county imposed pursuant to subdivision (a) for one year. (h) If any funds received by a county pursuant to subdivision (a) are not expended or encumbered in accordance with this section by the close of the fiscal year in which the funds were received, the Controller shall notify the Department of Motor Vehicles to suspend the fee for that county imposed pursuant to subdivision (a) for one year. For purposes of this subdivision, "encumbered funds" shall mean funding that is scheduled to be spent pursuant to a determined schedule and for an identified purchase consistent with this section. (i) On or before January 1, 2004, and on January 1 annually thereafter, the Controller shall prepare and submit to the Legislature a revenue and expenditure summary based on the information provided pursuant to paragraphs (1) to (3), inclusive, of subdivision (f), for each county that has authorized the collection of the fee pursuant to subdivision (a). The Controller shall attach to the revenue and expenditure summary the documents provided by each county pursuant to paragraphs (4) and (5) of subdivisions (f). (j) This section shall remain in effect only until January 1, 2006, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2006, deletes or extends that date. No fee imposed pursuant to this section may be collected beyond that date.