BILL NUMBER: SB 1611	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 19, 2006

INTRODUCED BY   Senator Simitian

                        FEBRUARY 24, 2006

   An act to add Section 9250.6 to the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1611, as amended, Simitian  Congestion management fees.
   Existing law provides for creation of congestion management
agencies in various counties with specified powers and duties
relative to management of transportation congestion. Existing law
provides for the imposition by air districts and certain other local
agencies of fees on the registration of motor vehicles in certain
areas of the state that are in addition to the basic vehicle
registration fee collected by the Department of Motor Vehicles.
   This bill would authorize a congestion management agency 
to impose   , or where there is no congestion management
agency, the board of supervisors, to place a majority vote ballot
measure before the voters of a county authorizing the imposition of
 an annual fee of up to  $20   $25  on
each motor vehicle registered within the county for transportation
projects and programs with a relationship or benefit to the persons
paying the fee. The bill would require  a specific
transportation program with performance measures and a budget to be
adopted before the fee is imposed. The bill would require the
resolution imposing the fee to incorporate the specific
transportation program to be funded by the fee and specified findings
of fact. The bill would require the resolution to be adopted by a
2/3 vote of the governing board. The bill would require the agency to
have an independent audit conducted annually on the program and to
provide a specified report to the Legislature   the
ballot measure resolution to be adopted by a majority vote of the
governing board of the congestion management agency or the board of
supervisors, as appropriate, at a noticed public hearing and would
also require the resolution to contain a specified finding of fact
 . The bill would require the Department of Motor Vehicles, if
requested, to collect the fee and distribute the proceeds, after
deduction of specified administrative costs, to the agency  or
the board of supervisors, as appropriate  , and would enact
other related provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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


  SECTION 1.  Section 9250.6 is added to the Vehicle Code, to read:
   9250.6.  (a) A county congestion management agency created
pursuant to Chapter 2.6 (commencing with Section 65088) of 
Division 1 of Title 7 of the Government Code may, impose an annual
fee of up to twenty dollars ($20) on each motor vehicle registered in
the county, with the net revenues to be used for
transportation-related programs that have a relationship or benefit
to the persons that pay the fee, including the provision of required
matching funds for funding made available for transportation from
state general obligation bonds. The agency may impose the fee only if
the governing board adopts a resolution providing both for the fee
and the specific transportation program in subdivision (b). The
resolution shall also contain a finding of fact that the projects and
programs to be funded by the fee have a relationship or benefit to
the persons who will be paying the fee. Adoption of the fee, the
program, and the finding of fact shall all require a two-thirds vote
of the governing board at a noticed public hearing. 

   (b) Prior to imposition of the fee, the governing board shall
adopt a specific program for expenditure of fee revenues, with
performance measures and a budget. The program shall be adopted by
the governing board at a noticed public hearing.  
   (c) The congestion management agency shall arrange for an
independent audit to be conducted annually on the specific program
adopted pursuant to subdivision (b), with the auditor's review and
report to be provided annually to the governing board at a noticed
public hearing. 
    (d)     The congestion
management agency shall provide a report to the Legislature on the
specific program adopted pursuant to subdivision (b). The report
shall include, but need not be limited to, an evaluation of the
impact and performance improvements funded by the fee and the cost
effectiveness of the program.   Division 1 of Title 7 of
the Government Code, or where there is no county congestion
management agency, the board of supervisors, may place a majority
vote ballot measure before the voters of a county to authorize an
increase in the v   ehicle registration fee for
transportation-related projects and programs. The ballot measure
resolution shall be adopted by a majority vote of the governing board
of a county congestion management agency, or where there is no
county congestion management agency, the board of supervisors, at a
noticed public hearing. The resolution shall also contain a finding
of fact that the projects and programs to be funded by the fee have a
relationship or benefit to the persons who will be paying the fee.
Adoption of the resolution and the finding of fact shall all require
a majority vote of the governing board or the board of supervisors,
as appropriate, at a noticed public hearing. 
    (b)     Pursuant to a ballot measure
adopted under subdivision (a), the voters of a county may impose an
annual fee of up to twenty-five dollars ($25) on each motor vehicle
registered in the county, with the net revenues to be used for
transportation-related programs that have a relationship or benefit
to the persons that pay the fee, including, but not limited to, the
provision of required matching funds for funding made available for
transportation from state general obligation bonds, congestion
mitigation, and pollution prevention.  
   (e) 
    (c)    The department shall, if requested by a
congestion management agency  or the board of supervisors, as
appropriate  , collect the fee  imposed  
approved by the voters  pursuant to this section upon the
registration or renewal of registration of any motor vehicle
registered in the county, except those vehicles that are expressly
exempt under this code from the payment of registration fees. The
agency  or the board of supervisors, as appropriate,  shall
pay for the initial setup and programming costs identified by the
department through a direct contract with the department. Any direct
contract payment shall be repaid, with no restriction on the use of
funds, to the agency  or the board   of supervisors, as
appropriate,  as part of the initial net revenues distributed.
After deducting all nonreimbursed costs incurred by the department
pursuant to this section, the department shall distribute the net
revenues to the agency  or the board of supervisors, as
appropriate  .