BILL NUMBER: AB 1589 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 25, 2012
AMENDED IN ASSEMBLY MAY 16, 2012
AMENDED IN ASSEMBLY APRIL 30, 2012
AMENDED IN ASSEMBLY APRIL 9, 2012
AMENDED IN ASSEMBLY MARCH 1, 2012
INTRODUCED BY Assembly Members Huffman, Chesbro, Dickinson, Gatto,
and Jeffries
(Coauthors: Assembly Members Allen, Ammiano, Beall,
Blumenfield, Brownley, Gordon, Harkey, Hayashi, Hill,
Lara, Logue, Ma, Monning, Olsen, Smyth, and
Yamada)
FEBRUARY 6, 2012
An act to amend Sections 5007 and 5080.42 of, and to add Article
1.8 (commencing with Section 5019.90) to Chapter 1 of Division 5 of,
the Public Resources Code, to add and repeal Sections 17205, 18515.1,
18515.2, 18515.3, and 18515.4 of the Revenue and Taxation Code, and
to amend Section 5155 of, and to add Section 5161 to, the Vehicle
Code, relating to state parks, and declaring the urgency thereof, to
take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1589, as amended, Huffman. State parks: sustainability and
protection.
(1) Existing law vests with the Department of Parks and Recreation
control of the state park system. Existing law requires the
department to achieve any required budget reductions, as defined, by
closing, partially closing, and reducing services at selected units
of the state park system, based on specified factors.
This bill would, instead, authorize the department to achieve any
required budget reductions by implementing efficiencies, increasing
revenue collection, and closing, partially closing, or reducing
services at selected units of the state park system, but would limit
to 25 state park units the number of units of the state park system
subject to full park closure during the 2012 to 2016, inclusive,
calendar years, except as provided. The bill would revise the factors
the department is required to use as a basis for determining which
units of the state park system are to be closed, and would require
the department to document and publicly disclose the methodology,
rationale, and scoring system used to evaluate and select parks
designated for closure.
This bill would enact the California State Park Stewardship Act of
2012, which would require the department to develop and
implement a prioritized action plan to increase revenues
and the collection of user fees at state parks. The bill would
require the department to report to the Legislature and the Governor
on the prioritized action plan by January 1, 2013.
The bill would create the California State Park Enterprise Fund in
the State Treasury, and would require that moneys in the fund be
held in trust and only expended for specified purposes relating to
(a) the capital costs of construction and installation of new revenue
and fee collection equipment and technologies, (b) other costs of
restoration and rehabilitation of the state park system, and its
natural, historical, and visitor-serving resources that enhance
visitation and create opportunities to increase revenues, and (c) for
costs to the department to develop and implement the prioritized
action plan. The bill would require that the sum of $25
$10 million dollars be transferred from the
unexpended balance of bond funds made available to the department
under the Safe Drinking Water, Water Quality and Supply, Flood
Control, River and Coastal Protection Bond Act of 2006, and be
deposited into the fund, and expended, upon appropriation by the
Legislature, for the purposes of the bill.
(2) Provisions relating to the administration of personal income
taxes allow individual taxpayers to contribute amounts in excess of
their tax liability for the support of specified funds to be used for
specified purposes.
This bill would, for each taxable year beginning on or after
January 1, 2013, and before January 1, 2018, allow as a deduction the
amount deposited into the California State Parks Protection Fund on
an individual taxpayer return that is in excess of the price of the
number of state parks day use annual passes received, as provided.
This bill would require the Franchise Tax Board to revise the
individual taxpayer return form, as specified, to allow a taxpayer to
designate an otherwise refundable amount in excess of tax liability
to be deposited to the California State Parks Fund. This bill would
require that the proceeds from these purchases be placed in the State
Parks Protection Fund and allocated as provided. This bill would
repeal these provisions January 1, 2019.
(3) Existing law provides that it is a misdemeanor for any officer
or employee of the state to disclose certain tax information.
This bill would require the Franchise Tax Board to provide
necessary information, as provided, to the Department of Parks and
Recreation so that individuals who deposited amounts equal to or in
excess of the price of a state parks day use annual pass can be
contacted.
By changing the scope of an existing crime, this bill would impose
a state-mandated local program.
(4) Existing law authorizes the Department of Motor Vehicles to
issue specialty license plates, including environmental license
plates and specified special environmental design license plates. The
department is required to charge specified fees for certain services
related to the issuance of those plates.
This bill would additionally authorize the Department of Motor
Vehicles, in consultation with the Department of Parks and
Recreation, to design and make available for issuance pursuant to
specified provisions special state parks environmental license plates
bearing a full-plate graphic design that , upon consultation
with the Department of the California Highway Patrol, does not
obscure the readability of the license plate depicting a significant
natural feature or features of California's state park system, as
approved by the Department of Parks and Recreation, and upon payment
by a person applying for the special state parks environmental design
license plate of an additional fee.
(5) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
(6) This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5007 of the Public Resources Code is amended to
read:
5007. (a) The department shall achieve any required budget
reductions by implementing efficiencies, increasing revenue
collection, and closing, partially closing, or reducing services at
selected units of the state park system. However, it is the intent of
the Legislature that the department implement full park closures
only as a last resort to address required budget reductions after all
other feasible alternatives, including, but not limited to,
operating agreements with qualified nonprofit entities and local
governments have been explored. With the exception of parks that are
subject to operating agreements with qualified nonprofit entities or
local governments, the number of units of the state park system
subject to full park closure during the 2012 to 2016, inclusive,
calendar years shall not exceed 25 state park units, unless expressly
authorized pursuant to a statute enacted by the Legislature on or
after January 1, 2013. For purposes of this section, "required budget
reductions" means the amount of funds appropriated in the annual
Budget Act to the department that is less than the amount necessary
to fully operate the 2010 level of 278 units of the state park
system. The department shall document and publicly disclose the
methodology, rationale, and scoring system used to evaluate and
select parks designated for closure, and shall select the units to be
closed based solely on all of the following factors:
(1) The relative statewide significance of each park unit,
preserving to the extent possible, parks identified in the department'
s documents including "Outstanding and Representative Parks," the
"California State History Plan," and the "California State Parks
Survey of 1928."
(2) The rate of visitation to each unit, to minimize impacts to
visitation in the state park system. Visitation shall be measured not
only based on the raw number of visitations to the unit, but on the
extent to which the total capacity of the unit is utilized.
(3) (A) The estimated net savings from closing each unit, to
maximize savings to the state park system.
(B) For purposes of this subdivision, "net savings" means the
estimated costs of operation for the unit less the unit's projected
revenues and less the costs of maintaining the unit after it is
closed.
(4) The feasibility of physically closing each unit.
(5) The existence of, or potential for, partnerships that can help
support each unit, including public and nonprofit partners and
concessions.
(6) Significant operational efficiencies to be gained from closing
a unit based on its proximity to other closed units where the units
typically share staff and other operating resources, except where
this would create a cluster of park closures that would have a
disproportionate impact on a local or regional economy.
(7) Significant and costly infrastructure deficiencies affecting
key systems at each unit so that continued operation of the unit is
less cost effective relative to other units.
(8) Recent or funded infrastructure investments at a unit.
(9) Necessary but unfunded capital investments at a unit.
(10) Deed restrictions and grant requirements applicable to each
unit.
(11) The extent to which there are substantial dedicated funds for
the support of the unit that are not appropriated from the General
Fund.
(12) The extent to which the closure of a unit would impact local
and regional economies, or disproportionately impact one region of
the state over another.
(13) The extent to which the closure of a unit would limit
availability of Americans with Disabilities Act of 1990 (ADA),
including changes made by the ADA Amendments Act of 2008 (Public Law
110-325), compliant facilities.
(14) The extent to which closure of a unit would impair
firefighter access to water resources or otherwise increase fire
risk.
(15) The extent to which closure of a unit would increase public
safety hazards or impair the state's ability to protect iconic
natural and historical resources.
(b) Notwithstanding Division 3.6 (commencing with Section 810) of
Title 1 of the Government Code, a public entity or a public employee
is not liable for injury or damage caused by a condition of public
property located in, or injury or damage otherwise occurring in, or
arising out of an activity in, a state park system unit that is
designated as closed by the department pursuant to subdivision (a),
except for conduct that constitutes gross negligence or is wanton or
reckless. This immunity shall apply notwithstanding the fact that the
public has access, whether invited or uninvited, to the state park
system unit, and notwithstanding that the department may take actions
such as patrols, inspections, maintenance, and repairs necessary to
protect the state park system unit facilities and resources from
deterioration, damage, or destruction. This immunity shall apply only
to units of the state park system that are designated as closed
pursuant to subdivision (a) and shall not apply to units that are
partially closed or subject to service reductions but not closure.
The closed units shall be maintained in a list by the department and
the list shall be made publicly available and posted on the
department's Internet Web site. The list shall include the date the
unit is considered closed. The immunity provided by this subdivision
does not limit any other immunity or immunities available to a public
entity or a public employee. The governmental immunity provided in
this section does not apply to a third party or entity that has
reopened a park listed as closed pursuant to subdivision (a). The
immunity shall continue to apply to the state.
SEC. 2. Article 1.8 (commencing with Section 5019.90) is added to
Chapter 1 of Division 5 of the Public Resources Code, to read:
Article 1.8. California State Park Stewardship Act of 2012
5019.90. This article shall be known, and may be cited, as the
California State Park Stewardship Act of 2012.
5019.91. The Legislature finds and declares all of the following:
(a) California's state parks are an essential part of California's
unique heritage, and protect important natural, cultural, and
historical resources of great value to all Californians.
(b) The mission of the California State Park system is to provide
for the health, inspiration, and education of the people of
California by helping to preserve the state's extraordinary
biological diversity, protecting its most valued natural and cultural
resources, and creating opportunities for high-quality outdoor
recreation. State parks are set aside to protect their natural,
historical, cultural, and recreational values in perpetuity for the
people of the state.
(c) California state parks are vital to the quality of life in
California and are a major draw for tourism in the state, generating
billions of dollars in annual economic activity in communities near
state parks and in park-related expenditures. The economic activity
generated by state parks helps sustain small businesses and jobs in
local communities near state parks and generates significant tax
revenue for the state.
(d) The budget for state parks has not kept pace with population
growth and growing demand. The annual budget for state parks has been
significantly below the amount necessary to maintain state parks in
their current condition. State General Fund revenue for state parks
declined by over 37 percent between fiscal years 2007-08 and 2012-13,
inclusive. The ongoing shortfall has resulted in a deferred
maintenance backlog of over one billion three hundred million dollars
($1,300,000,000) by 2010, inadequate staff to protect park resources
and maintain public access and safety, and partial closures of many
state parks. The state park system cannot sustain further cuts in
funding and remain viable.
(e) After additional budget cuts were proposed by the Governor and
approved by the Legislature in the 2011-12 fiscal year, the Governor'
s administration announced its intent to close up to 70 state parks
by July 2012.
(f) It is imperative that the state commit to a long-term goal of
adequately and sustainably funding and maintaining California's state
park system to protect these irreplaceable resources and to preserve
California's legacy for the benefit of all Californians. To this
end, it is necessary that the state identify new revenue strategies
that will move the state toward that goal, and affirm a state policy
that park closures are to occur only as a last resort, and only after
all reasonable alternatives have been pursued.
(g) To fully realize the potential of nonprofit, philanthropic,
and other public and nongovernmental partnerships that can help
sustain a world class state park system in California, it is
imperative that the Legislature and the Governor form a compact to
ensure an adequate level of state funding for state parks is
maintained in the future and that new revenues received from private
sector donors are used to supplement, and not to supplant, existing
state funding.
(h) It is therefore the intent of the Legislature to encourage the
formation of a state compact that will ensure the following:
(1) Commit the state to a long-term goal of adequately funding and
maintaining California's state park system by, among other things,
identifying new revenues and fundraising strategies to sustain state
parks and ensuring that those new sources are not used to supplant
existing state support for state parks or to justify further
reductions in General Fund support that would leave the park system
unsustainable.
(2) Ensure that any new revenues received from private donors for
the support of state parks are used to supplement, and not to
supplant, existing state funding for state parks and are used only
for the purposes for which they are given.
(3) Commit the state to a goal of greater efficiency in the
management of state parks, including maximizing the collection of
fees and other revenue generating potential at state parks, while
maintaining public access for all Californians.
(4) Minimize the number of parks subject to closure and encourage
creative partnerships to assist the state with park operations and
management.
(i) It is further the intent of the Legislature to encourage
formation of a multidisciplinary advisory council, including, but not
limited to, members of the public, persons with park management
expertise, representatives of nonprofit park organizations, and
representatives of the private philanthropic community, to conduct an
independent assessment and make recommendations to the Legislature
and the Governor on future management, planning, and funding
proposals that will ensure the long-term sustainability of the state
park system.
5019.92. (a) The department shall develop and implement
a prioritized action plan to increase revenues and
collection of user fees at state parks. The plan shall include
the implementation of strategies for generating
new revenues and fee collection methodologies at state parks and
shall include, but is not necessarily limited to, all of the
following:
(1) Installation of modern fee collection technologies and
equipment at state parks such as kiosks that accept credit cards and
automatic entrance gates, where appropriate.
(2) Implementation of peak demand pricing at popular campgrounds
and other high-demand park facilities.
(3) Assessment of appropriate fees at all state park units.
(4) Offering of additional mission-appropriate fee-for-service
amenities with revenue generating potential at select parks where
consistent with park unit general plans. Those amenities may include,
but are not limited to, installation of additional recreational
vehicle spaces to expand campground capacity at heavily used parks
where natural resource needs and space availability allow,
installation of upgraded overnight options such as cabins, where
feasible, and rental of park facilities for special events.
(5) Promotion and marketing of an "adopt a park" or systemwide
state park sponsorship program to encourage private donations in
support of state parks, with appropriate recognition to be given to
donors consistent with state park policies and mission.
(6) Design, promotion, and marketing of a new state park annual
access pass system with incentives to encourage increased voluntary
purchases of state park access passes, including, but not necessarily
limited to, all of the following:
(A) Offering of different regional and seasonal options for annual
passes.
(B) Providing multiple opportunities for the purchase of annual
passes, including at state park entrances and through partnerships
with retail outlets, and on state tax returns.
(C) Offering of incentives such as free midweek off-peak season
camping passes with the purchase of an annual pass if purchased
during the first three months of the year.
(D) Offering of opportunities for purchasers to make a voluntary
additional contribution that would be dedicated to support of a
particular category of state parks, such as the state's iconic
redwood parks and historical parks that require funding over and
above that generated by user fees to sustain the parks in good
condition.
(b) The department shall report to the Legislature and the
Governor on the prioritized action plan required to be developed
pursuant to subdivision (a) by January 1, 2013.
5019.93. (a) The California State Park Enterprise Fund is hereby
created in the State Treasury, and moneys in the fund shall be held
in trust, and only be expended for any of the following purposes:
(1) To fund the capital costs of construction and installation of
new revenue and fee collection equipment and technologies and other
physical upgrades to existing state park system lands and facilities.
(2) For other costs of restoration and rehabilitation of the state
park system and its natural, historical, and visitor-serving
resources that enhance visitation and create opportunities to
increase revenues.
(3) For the costs to the department to develop and implement the
action plan required by Section 5019.92.
(b) The sum of twenty-five ten
million dollars ($25,000,000) ($10,000,000)
shall be transferred from the unexpended balance of bond funds
made available to the department pursuant to subdivision (a) of
Section 75063 pursuant to Proposition 84, the Safe Drinking Water,
Water Quality and Supply, Flood Control, River and Coastal Protection
Bond Act of 2006 (Division 43 (commencing with Section 75001)), and
shall be deposited into the California State Park Enterprise Fund and
expended, upon appropriation by the Legislature, for the purposes of
subdivision (a).
(c) Moneys received by the department from private contributions
and other public funding sources may also be deposited into the fund
and used for the purposes of this article.
SEC. 3. Section 5080.42 of the Public Resources Code is amended to
read:
5080.42. (a) Notwithstanding any other provision of this article,
the department may enter into an operating agreement with a
qualified nonprofit organization for the development, improvement,
restoration, care, maintenance, administration, or operation of a
unit or units, or portion of a unit, of the state park system, as
identified by the director. If the department enters into an
operating agreement that involves the operation of the entirety of a
park unit, that agreement may be entered into pursuant to this
section only to the extent that the agreement would enable the
department to avoid closure of a unit or units of the state park
system that may otherwise be subject to closure. The department may
only enter into an operating agreement that involves the operation of
the entirety of a park unit for no more than 20 park units. An
operating agreement with a qualified nonprofit organization shall
include, but shall not be limited to, the following conditions:
(1) The district superintendent for the department shall provide
liaison with the department, the nonprofit organization, and the
public.
(2) The nonprofit organization shall annually submit a written
report to the department regarding its operating activities during
the prior year and shall make copies of the report available to the
public upon request. The report shall be available on the Internet
Web sites of both the department and the nonprofit organization. The
report shall include a full accounting of all revenues and
expenditures for each unit of the state park system that the
nonprofit organization operates pursuant to an operating agreement.
(3) (A) Except as provided in subparagraph (B), all revenues
received from a unit shall be expended only for the care,
maintenance, operation, administration, improvement, or development
of the unit. The qualified nonprofit organization may additionally
contribute in-kind services and funds raised from outside entities
for the care, maintenance, operation, administration, improvement, or
development of the unit.
(B) Revenues received from a unit that are in excess of the
revenues that are needed for the care, maintenance, operation,
administration, improvement, or development of that unit may be
dedicated to another state park unit for that unit's care,
maintenance, operation, administration, improvement, or development.
(4) No General Fund moneys shall be provided to a nonprofit
organization to subsidize the operation or maintenance of a park
unit. This paragraph applies to state parks, the full operation of
which are turned over to a nonprofit organization, but does not apply
to or preclude the department from entering into agreements with
nonprofit organizations to operate a portion of a state park unit, or
from entering into comanagement agreements with nonprofit
organizations that involve the sharing of operational and financial
responsibilities for the park unit and that have the effect of
reducing state costs. This paragraph does not apply to park entrance
fees, concession revenues, or any other revenues generated within a
park operated by a nonprofit organization pursuant to this section.
(b) An operating agreement entered into pursuant to subdivision
(a) shall honor the existing term of a current concession contract
for the state park unit subject to the operating agreement.
(c) An operating agreement entered into pursuant to subdivision
(a) shall specify the duties that the nonprofit organization shall be
responsible for carrying out relative to management and protection
of natural, historical, and cultural resources, and shall identify
those management duties that shall continue to be conducted by the
department, so that all core operations of the park are delineated.
Scientific, architectural, and engineering functions that require
special expertise or professional training shall only be conducted by
or under the supervision of qualified persons with applicable
expertise or training and subject to oversight by the department.
(d) This section does not supersede the requirements of Section
5019.53 regarding the protection of natural, scenic, cultural, and
ecological values.
(e) The nonprofit organization and the district superintendent for
the department shall, following submittal of the annual report
pursuant to subdivision (a), hold a joint public meeting for
discussion of the report.
(f) If the department intends to enter into an operating agreement
for the development, improvement, restoration, care, maintenance,
administration, or operation of a unit or units, or a portion of a
unit, the department shall notify the Member of the Legislature in
whose district the unit is located, the Chair of the Senate Committee
on Natural Resources and Water, the Chair of the Assembly Committee
on Water, Parks and Wildlife, and the chairs of the Assembly and
Senate budget committees of that intention. The notification shall
include estimated operating costs and revenues and core duties and
responsibilities that are likely to be assigned to the nonprofit
organization and the department.
(g) For purposes of this section, a qualified nonprofit
organization is an organization that is all of the following:
(1) An organization that is exempt from taxation pursuant to
Section 501(c)(3) of the Internal Revenue Code.
(2) An organization that has as its principal purpose and activity
to provide visitor services in state parks, facilitate public access
to park resources, improve park facilities, provide interpretive and
educational services, or provide direct protection or stewardship of
natural, cultural, or historical lands, or resources.
(3) An organization that is in compliance with the Supervision of
Trustees and Fundraisers for Charitable Purposes Act, Article 7
(commencing with Section 12580) of Chapter 6 of Part 2 of Division 3
of Title 2 of the Government Code.
(h) (1) Notwithstanding Section 10231.5 of the Government Code,
the department shall provide a report to the Legislature, on a
biennial basis, of the status of operating agreements it has entered
into pursuant to this section. The report shall include a list of
units of the state park system with operating agreements, discussion
of the management and operations of each unit subject to an operating
agreement, an accounting of the revenues and expenditures incurred
under each operating agreement, and an assessment of the benefit to
the state from operating agreements entered into pursuant to this
section.
(2) A report submitted pursuant to paragraph (1) shall be
submitted in compliance with Section 9795 of the Government Code.
(i) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 4. Section 17205 is added to the Revenue and Taxation Code,
to read:
17205. (a) For each taxable year beginning on or after January 1,
2013, and before January 1, 2018, there shall be allowed as a
deduction the amount deposited into the California State Parks
Protection Fund on an individual taxpayer return, pursuant to Section
18515.1, that is in excess of the price of the number of state parks
day use annual passes received, pursuant to Section 18515.1, as
determined by the Department of Parks and Recreation.
(b) This section shall remain in effect only until January 1,
2019, and as of that date shall be repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 5. Section 18515.1 is added to the Revenue and Taxation Code,
to read:
18515.1. (a) The Franchise Tax Board shall revise the individual
taxpayer return form, for taxable years beginning on or after January
1, 2012, and before January 1, 2017, to allow an individual to
designate an otherwise refundable amount in excess of tax liability,
if any, to be deposited to the California State Parks Protection Fund
established by Section 18515.2. The form shall indicate the amount
of the designation necessary for the taxpayer to be issued a state
parks day use annual pass.
(b) An individual may designate on the tax return that an
otherwise refundable amount in excess of tax liability, if any, be
deposited into the California State Parks Protection Fund established
by Section 18515.2.
(c) If the deposit designation is less than the price of a state
parks day use annual pass, as determined by the Department of Parks
and Recreation, the return shall be treated as though no deposit
designation has been made.
(d) A taxpayer shall be entitled to one or more state parks day
use annual passes from the Department of Parks and Recreation if the
price of one or more state parks day use annual passes, as determined
by the Department of Parks and Recreation, is less than or equal to
the amount of the deposit designation.
(e) The state parks day use annual pass that an individual is
entitled to receive pursuant to this section shall provide that
individual with unlimited day use access to California state parks,
and shall be valid for one year beginning on the date of issuance.
(f) For each calendar year, beginning with calendar year 2012, the
Department of Parks and Recreation shall provide to the Franchise
Tax Board, on or before August 1 of that calendar year, the price of
a state parks day use annual pass for the subsequent calendar year,
which shall be included on the return for the taxable year.
(g) Notwithstanding the provisions of Article 2 (commencing with
Section 19542) of Chapter 7, the Franchise Tax Board shall provide
necessary information, including the names and addresses of
individual taxpayers who deposited amounts equal to or in excess of
the price of a state parks day use annual pass pursuant to this
section, to the Department of Parks and Recreation so that the
department may contact the individuals entitled to a state parks day
use annual passes under this section and implement a procedure for
the distribution of state parks day use annual passes to those
individuals.
(h) This section shall remain in effect only until January 1,
2019, and as of that date shall be repealed, unless a later enacted
statute that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 6. Section 18515.2 is added to the Revenue and Taxation Code,
to read:
18515.2. (a) There is in the State Treasury the California State
Parks Protection Fund to receive deposits made pursuant to Section
18515.1. The Franchise Tax Board shall notify the Controller and the
Department of Parks and Recreation of the amount of refund money
designated to be deposited by taxpayers pursuant to Section 18515.1
to be transferred to the California State Parks Protection Fund. The
Controller shall transfer from the Personal Income Tax Fund to the
California State Parks Protection Fund an amount not in excess of the
sum of the amounts designated by individuals pursuant to Section
18515.1.
(b) This section shall remain in effect only until January 1,
2019, and as of that date shall be repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 7. Section 18515.3 is added to the Revenue and Taxation Code,
to read:
18515.3. (a) All moneys transferred to the California State Parks
Protection Fund, upon appropriation by the Legislature, shall be
allocated as follows:
(1) To the Franchise Tax Board and the Controller for
reimbursement of all costs incurred by the Franchise Tax Board and
the Controller in connection with their duties under Sections 18515.1
and 18515.2.
(2) To the Department of
Parks and Recreation to cover the costs of the issuance of state
parks day use annual passes to individual taxpayers who made a
designation for that purpose pursuant to Section 18515.1, and for
purposes related to the protection and preservation of state parks.
(b) This section shall remain in effect only until January 1,
2019, and as of that date shall be repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 8. Section 18515.4 is added to the Revenue and Taxation Code,
to read:
18515.4. (a) Notwithstanding the repeal of Section 17205,
18515.1, 18515.2, or 18515.3, any deposit amounts designated pursuant
to those sections prior to their repeal shall continue to be
transferred and disbursed in accordance with those sections as in
effect immediately prior to that repeal.
(b) This section shall remain in effect only until January 1,
2019, and as of that date shall be repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 9. Section 5155 of the Vehicle Code is amended to read:
5155. The design criteria for a specialized license plate are as
follows:
(a) Except as provided in Section 5161, the license plate for a
passenger vehicle, commercial vehicle, or trailer shall provide a
space not larger than two inches by three inches to the left of the
numerical series and a space not larger than five-eighths of an inch
in height below the numerical series for a distinctive design, decal,
or descriptive message as authorized by this article. The license
plates shall be issued in sequential numerical order or, pursuant to
Section 5103, in a combination of numbers or letters.
(b) Specialized license plates authorized under this article may
be issued for use on a motorcycle. That license plate shall contain a
five-digit configuration issued in sequential numerical order or,
pursuant to Section 5103, in a combination of numbers or letters.
There shall be a space to the left of the numerical series for a
distinctive design or decal and the characters shall contrast sharply
with the uniform background color. A motorcycle plate containing a
full plate graphic design is not authorized.
(c) Specialized license plates may be issued as environmental
license plates, as defined in Section 5103.
SEC. 10. Section 5161 is added to the Vehicle Code, to read:
5161. (a) The department, in consultation with the Department of
Parks and Recreation, shall design and make available for issuance
pursuant to this article special state parks environmental design
license plates as described in this section. Notwithstanding Section
5155, the special state parks environmental design license plates
shall bear a full-plate graphic design that the department
determines, in consultation with the Department of the California
Highway Patrol, does not obscure the readability of the license
plate depicting a California redwood tree design as an iconic
feature of California's state park system, as approved by the
Department of Parks and Recreation. The Department of Parks and
Recreation may accept and use donated artwork from California artists
for purposes of this requirement. Any person described in Section
5101 may, upon payment of the additional fees set forth in
subdivision (b), apply for and be issued a set of special state parks
environmental design license plates. The special state parks
environmental design license plates may be issued as environmental
license plates, as defined in Section 5103.
(b) In addition to the regular fees for an original registration
or renewal of registration, the following additional fees shall be
paid for the issuance, renewal, or transfer of the special state
parks environmental design license plates authorized pursuant to this
section:
(1) For the original issuance of the plates, fifty dollars ($50).
(2) For a renewal of registration with the plates, forty dollars
($40).
(3) For transfer of the plates to another vehicle, fifteen dollars
($15).
(4) For each substitute replacement plate, thirty-five dollars
($35).
(5) In addition, for the issuance of environmental license plates,
as defined in Section 5103, with a full-plate graphic design
described in subdivision (a), the additional fees prescribed in
Sections 5106 and 5108. The additional fees prescribed in Sections
5106 and 5108 shall be deposited in the Environmental License Plate
Fund.
(c) Except as provided in paragraph (5) of subdivision (b), and
after deducting its administrative costs under this section, the
department shall deposit the additional revenue derived from the
issuance, renewal, transfer, and substitution of special
environmental design license plates in the California State Parks
Account, which is hereby created in the Specialized License Plate
Fund. Upon appropriation by the Legislature, the money in the account
shall be allocated by the Controller to the Department of Parks and
Recreation for expenditure for the exclusive trust purposes of
preservation and restoration of California state parks.
(d) The Department of Parks and Recreation shall collect and hold
applications for the special state parks environmental license plates
described in this section. The department shall not be required to
make the special state parks environmental license plates available
for issuance pursuant to this section until the Department of Parks
and Recreation has submitted not less than 7,500 applications for the
plates to the department.
SEC. 11. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
SEC. 12. This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
In order to protect state parks that are threatened with imminent
closure and begin addressing state park revenue shortfalls as soon as
possible, it is necessary that this act take effect immediately.