BILL NUMBER: AB 195	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 26, 2009

INTRODUCED BY   Committee on Budget (Evans (Chair), Arambula, Beall,
Blumenfield, Brownley, Caballero, Carter, De La Torre, Feuer, Hill,
Huffman, Monning, Ruskin, and Swanson)

                        FEBRUARY 2, 2009

    An act relating to the Budget Act of 2009.  
An act to add Section 5010.3 to the Public Resources Code, and to
add Section 10751.5 to the Revenue and Taxation Code, relating to
public resources, and declaring the urgency thereof, to take effect
immediately. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 195, as amended, Committee on Budget.  Budget Act of
2009.   Vehicle License Fee Law (VLF): state parks fee.
 
   The Vehicle License Fee (VLF) Law establishes, in lieu of any ad
valorem property tax upon vehicles, an annual license fee for any
vehicle subject to registration in this state. Under the California
Constitution and existing law, the fees are deposited into the
Vehicle License Fee Account of the Local Revenue Fund in the State
Treasury for allocation to cities, counties, and cities and counties.
 
   This bill would additionally impose an annual surcharge in the
amount of $15 on every vehicle subject to the VLF to sustain the
operation and maintenance of the state park system, among other
things. The bill would create the State Parks Access Fund in the
State Treasury and would require that the $15 surcharge be deposited
in this fund to be used for specified purposes by the Department of
Parks and Recreation upon appropriation by the Legislature. 

   The bill would also require the department to provide free vehicle
access to units of the state park system to those vehicles subject
to the fee. The bill would define "free vehicle access" to mean free
vehicle day use at all state parks, except as specified.  
   This bill would declare that it is to take effect immediately as
an urgency statute.  
   This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2009. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee:  no   yes  .
State-mandated local program: no.


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

   SECTION 1.    The Legislature finds and declares all
of the following:  
   (a) The California state park system is a unique resource that
must be preserved and protected for future generations.  
   (b) California's state park system is the largest in the nation
and contains over 1.5 million acres of land managed for natural,
cultural, and historical resource values in 279 parks across the
state.  
   (c) California's state park system hosts more than 80 million
visitors annually and houses over 3,100 historic buildings and more
than 14,000 individual and group campsites.  
   (d) The budget for the state park system has not kept up with the
state's population growth and growing demand. The annual budget for
state parks is approximately $117 million less than the amount
necessary to adequately maintain and operate the parks based on
current demand. This ongoing shortfall has caused a burgeoning
backlog of deferred maintenance of over $1.2 billion in 2008. 

   (e) Californians deserve a world-class state park system that will
preserve and protect the unique resources of the state for future
generations.  
   (f) To address the need to fully fund the state parks system, it
is the intent of the Legislature in enacting this act to establish a
stable, reliable, and adequate funding source for the state park
system and to protect the state's natural resources, while also
providing increased and equitable access to those resources for all
Californians.  
   (g) Proper maintenance of the state park system will allow
California to continue to draw the millions of tourists each year who
contribute to the state's multibillion dollar tourism economy. 

   SEC. 2.    The Legislature further finds and declares
all of the following:  
   (a) Imposition of the fee under this act is intended to ensure
that the state park system is operated and maintained at a level of
excellence and to allow increased access to state parks for all
Californians.  
   (b) It is the intent of the Legislature that imposition of the fee
under this act creates a dedicated, sustainable, and secure source
of funding to manage and protect California's state park system in
perpetuity.  
   (c) By instituting this new funding source for state parks, the
existing General Fund allocation currently provided to the Department
of Parks and Recreation will be returned to the General Fund for
general state budget purposes once the fee imposed by this act has
been fully implemented. 
   SEC. 3.    Section 5010.3 is added to the  
Public Resources Code   , to read:  
   5010.3.  (a) The moneys collected from the fifteen dollar ($15)
surcharge imposed pursuant to Section 10751.5 of the Revenue and
Taxation Code shall be deposited into the State Parks Preservation
Trust Fund, which is hereby created in the State Treasury, and shall
be used, upon appropriation by the Legislature, for all of the
following purposes:
   (1) State park operation and maintenance expenses.
   (2) Up to 20 percent of the annual fee revenue may be used for
debt service on revenue bonds to pay off the deferred maintenance
deficit.
   (3) Protection and management of the state's natural resources,
wildlife, and wildlife habitat consistent with the public trust
responsibilities of the state.
   (4) Law enforcement and lifeguard staffing to ensure the health
and safety of visitors to the state park system.
   (5) Operation and maintenance expenses for property of the state
park system managed by other public agencies.
   (6) Lost vehicle entry fee revenue associated with property of the
state park system managed by other public agencies.
   (7) Public education and outreach programs to maximize
accessibility of the state park system.
   (8) Enhancement of the state park system, including, but not
limited to, its services and facilities to serve those areas and
populations that are currently underserved by the state park system.
   (b) The department shall provide free vehicle access to units of
the state park system to those vehicles subject to Section 10751.5 of
the Revenue and Taxation Code. As used in this subdivision, "free
vehicle access" means free vehicle day use at all state parks and
shall be subject to those limitations as the department deems
necessary to manage the state park system to avoid overcrowding and
damage to natural resources. As used in this subdivision, "free
vehicle access" does not include camping, tour fees, swimming pool
fees, the use of boating facilities, per-person entry fees, any
supplemental fees, or specialized parking in areas such as the
Candlestick Point State Recreation Area. 
   SEC. 4.    Section 10751.5 is added to the  
Revenue and Taxation Code   , to read:  
   10751.5.  In addition to the license fee imposed pursuant to
Section 10751, there shall also be imposed an annual surcharge in the
amount of fifteen dollars ($15) on every vehicle subject to the
license fee imposed by that section. The fifteen-dollar ($15)
surcharge shall be deposited into the State Parks Access Fund
pursuant to Section 5010.3 of the Public Resources Code. 
   SEC. 5.    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:
 
   To ensure sufficient funding for the Department of Parks and
Recreation to maintain public access to state parks, it is necessary
for this act to go into effect immediately.  
  SECTION 1.    It is the intent of the Legislature
to enact statutory changes relating to the Budget Act of 2009.