BILL NUMBER: AB 1404	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 6, 2012
	AMENDED IN SENATE  JUNE 15, 2012

INTRODUCED BY    Committee on Judiciary   (
  Feuer (Chair), Atkins, Dickinson, Huber, Huffman,
Monning, and Wieckowski   )   Assembly
  Members   Feuer   and Davis


                        MARCH 7, 2011

   An act to amend Section 9250.14 of the Vehicle Code, relating to
vehicles, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1404, as amended,  Committee on Judiciary 
 Feuer  . Vehicles: additional registration  fee:
  fees:  vehicle-theft crimes.
    Existing law, in addition to the other fees imposed for the
registration of a vehicle, authorizes a county to impose  ,
upon adoption of a resolution of its board of supervisors, 
an additional fee of $1 on all motor vehicles,  and an additional
service fee of $2 on commercial motor vehicles of 10,001 pounds or
more, as specified,  and continuously appropriates the money to
fund local programs relating to vehicle theft crimes. These
provisions are repealed as of January 1, 2018. Existing law requires
each participating county to issue a fiscal yearend report to the
Controller, summarizing certain matters.
   This bill would authorize a county of the first class to increase
the  motor vehicle  fee from $1 to $2,  and to increase
the service fee from $2 to $4,  upon adoption of a resolution of
its board of supervisors, and would require the resolution to be
submitted to the Department of Motor Vehicles at least 6 months prior
to the operative date of the fee increase. This bill would add a new
source of revenue to be deposited into a continuously appropriated
fund, thereby making an appropriation.
    Existing law also requires the Department of the California
Highway Patrol, in consultation with all participating
county-designated regional coordinators, to review the effectiveness
of reducing vehicle theft crimes that were funded by the fees imposed
by the above provisions. Existing law requires the department to
provide a report based on that review and to submit that report, on
or before January 1, 2009, to the Legislature.
   This bill would repeal the above obsolete requirements imposed on
the Department of the California Highway Patrol and would make other
technical, nonsubstantive changes to these provisions.
   Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 9250.14 of the Vehicle Code is amended to read:

   9250.14.  (a) (1) In addition to any other fees specified in this
code and the Revenue and Taxation Code, upon the adoption of a
resolution by any county board of supervisors, a fee of one dollar
($1) shall be paid at the time of registration or renewal of
registration 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) (A) If a county of the first class has adopted a resolution to
impose a one-dollar ($1) fee pursuant to paragraph (1), the county
may increase the fee specified in paragraph (1) to two dollars ($2)
in the same manner as the imposition of the initial fee pursuant to
paragraph (1). The two dollars ($2) shall be paid at the time of
registration or renewal of registration of a vehicle, and quarterly
to the  controller   Controller  , as
provided in paragraph (1).
   (B) A resolution to increase the fee from one dollar ($1) to two
dollars ($2) pursuant to subparagraph (A) shall be submitted to the
department at least six months prior to the operative date of the fee
increase.
   (3) In addition to the service fee imposed pursuant to paragraph
(1), and upon the implementation of the permanent trailer
identification plate program, and as part of the Commercial Vehicle
Registration Act of 2001 (Chapter 861 of the Statutes of 2000), 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). 
   (4) (A) A county of the first class that has imposed a service fee
of two dollars ($2) pursuant to paragraph (3) may increase the fee
specified in paragraph (3) to four dollars ($4) in the same manner as
the imposition of the fee pursuant to paragraph (1). The four
dollars ($4) shall be paid at the time of registration or renewal of
registration of a vehicle, and quarterly to the Controller as
provided in paragraph (1).  
   (B) A resolution to increase the additional service fee from two
dollars ($2) to four dollars ($4) pursuant to subparagraph (A) shall
be submitted to the department at least six months prior to the
operative date of the fee increase. 
   (b) Notwithstanding Section 13340 of the Government Code, the
moneys paid to the Controller are continuously appropriated, without
regard to fiscal years, for the administrative costs of the
Controller, and 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.
   (c) Except as otherwise provided in this subdivision, moneys
allocated to a county pursuant to subdivision (b) shall be expended
exclusively to fund programs that enhance the capacity of local
police and prosecutors to deter, investigate, and prosecute vehicle
theft crimes. In any county with a population of 250,000 or less, the
moneys shall be expended exclusively for those vehicle theft crime
programs and for the prosecution of crimes involving driving while
under the influence of alcohol or drugs, or both, 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 crimes.
   (d) The moneys collected pursuant to this section shall not be
expended to offset a reduction in any other source of funds, nor for
any purpose not authorized under this section.
   (e) Any funds received by a county prior to January 1, 2000,
pursuant to this section, that are not expended to deter,
investigate, or prosecute crimes pursuant to subdivision (c) shall be
returned to the Controller, for deposit in the Motor Vehicle Account
in the State Transportation Fund. Those funds received by a county
shall be expended in accordance with this section.
   (f) Each county that adopts a resolution under subdivision (a)
shall submit, on or before the 13th day following the end of each
quarter, a quarterly expenditure and activity report to the
designated statewide Vehicle Theft Investigation and Apprehension
Coordinator in the Department of the California Highway Patrol.
   (g) A county that imposes a fee under subdivision (a) shall issue
a fiscal yearend report to the Controller on or before August 31 of
each year. The report shall include a detailed accounting of the
funds received and expended in the immediately preceding fiscal year,
including, at a minimum, all of the following:
   (1) The amount of funds received and expended by the county under
subdivision (b) for the immediately preceding fiscal year.
   (2) The total expenditures by the county under subdivision (c) for
the immediately preceding fiscal year.
   (3) Details of expenditures made by the county under subdivision
(c), including salaries and expenses, purchase of equipment and
supplies, and any other expenditures made listed by type with an
explanatory comment.
   (4) A summary of vehicle theft abatement activities and other
vehicle theft programs funded by the fees collected under this
section.
   (5) The total number of stolen vehicles recovered and the value of
those vehicles during the immediately preceding fiscal year.
   (6) The total number of vehicles stolen during the immediately
preceding fiscal year as compared to the fiscal year prior to the
immediately preceding fiscal year.
   (7) Any additional, unexpended fee revenues received under
subdivision (b) for the county for the immediately preceding fiscal
year.
   (h) Each county that fails to submit the report required pursuant
to subdivision (g) by November 30 of each year shall have the fee
suspended by the Controller for one year, commencing on July 1
following the Controller's determination that a county has failed to
submit the report.
   (i) (1) On or before January 1, 2013, and on or before January 1
of each year, the Controller shall provide to the Department of the
California Highway Patrol copies of the yearend reports submitted by
the counties under subdivision (g), and, in consultation with the
Department of the California Highway Patrol, shall review the fiscal
yearend reports submitted by each county pursuant to subdivision (g)
to determine if fee revenues are being utilized in a manner
consistent with this section. If the Controller determines that the
use of the fee revenues is not consistent with this section, the
Controller shall consult with the participating counties' designated
regional coordinators. If the Controller determines that  use of
 the fee revenues  are   is  still not
consistent with this section, the authority to collect the fee by
that county shall be suspended for one year.
   (2) If the Controller determines that a county has not submitted a
fiscal yearend report as required in subdivision (g), the
authorization to collect the service fee shall be suspended for one
year pursuant to subdivision (h).
   (3) When the Controller determines that a fee shall be suspended
for a county, the Controller shall inform the Department of Motor
Vehicles on or before January 1 of each year that the authority to
collect a fee for that county is suspended.
   (j) On or before January 1 of each year, the Controller shall
prepare and submit to the Legislature a revenue and expenditure
summary for each participating county that includes all of the
following:
   (1) The total revenues received by each county.
   (2) The total expenditures by each county.
   (3) The unexpended revenues for each county.
   (k) For the purposes of this section, a  county designated
  county-designated  regional coordinator is that
agency designated by the participating county's board of supervisors
as the agency in control of its countywide vehicle theft apprehension
program.
   (l) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted statute
that is enacted on or before January 1, 2018, deletes or extends
that date.