BILL NUMBER: ABX1 45	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Jeffries
   (Principal coauthors: Assembly Members Cook, Nielsen, and Olsen)
   (Principal coauthor: Senator La Malfa)
   (Coauthors: Assembly Members Achadjian, Bill Berryhill, Conway,
Donnelly, Fletcher, Beth Gaines, Garrick, Grove, Hagman, Halderman,
Harkey, Jones, Knight, Logue, Mansoor, Miller, Morrell, Nestande,
Norby, Silva, Smyth, Valadao, and Wagner)
   (Coauthors: Senators Anderson, Berryhill, Blakeslee, Dutton,
Emmerson, Fuller, Gaines, Harman, Huff, Runner, Strickland, Walters,
and Wyland)

                        SEPTEMBER 2, 2011

   An act to repeal Chapter 1.5 (commencing with Section 4210) of
Part 2 of Division 4 of the Public Resources Code, relating to fire
prevention.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 45, as introduced, Jeffries. State responsibility areas: fire
prevention fees.
   (1) Existing law requires the State Board of Forestry and Fire
Protection, on or before September 1, 2011, to adopt emergency
regulations to establish a fire prevention fee in an amount not to
exceed $150 to be charged on each structure on a parcel that is
within a state responsibility area, as defined, and requires that the
fire prevention fee be adjusted annually using prescribed methods.
Existing law requires the State Board of Equalization to collect the
fire prevention fees, as prescribed, commencing with the 2011-12
fiscal year. Existing law establishes the State Responsibility Area
Fire Prevention Fund and prohibits the collections of fire prevention
fees if, commencing with the 2012-13 fiscal year, there are
sufficient amounts of moneys in the fund to finance specified fire
prevention activities for a fiscal year. Existing law requires that
the fire prevention fees collected, except as provided, be deposited
into the fund and be made available, to the board and the Department
of Forestry and Fire Protection for certain specified fire protection
activities that benefit the owners of structures in state
responsibility areas who are required to pay the fee. Existing law
further requires the board, on and after January 1, 2013, to submit
an annual written report to the Legislature on specified topics.
   This bill would repeal the above provisions relating to the fire
prevention fees.
   (2) The California Constitution authorizes the Governor to declare
a fiscal emergency and to call the Legislature into special session
for that purpose. Governor Schwarzenegger issued a proclamation
declaring a fiscal emergency, and calling a special session for this
purpose, on December 6, 2010. Governor Brown issued a proclamation on
January 20, 2011, declaring and reaffirming that a fiscal emergency
exists and stating that his proclamation supersedes the earlier
proclamation for purposes of that constitutional provision.
   This bill would state that it addresses the fiscal emergency
declared and reaffirmed by the Governor by proclamation issued on
January 20, 2011, pursuant to the California Constitution.
   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.  Chapter 1.5 (commencing with Section 4210) of Part 2 of
Division 4 of the Public Resources Code is repealed.
  SEC. 2.  This act addresses the fiscal emergency declared and
reaffirmed by the Governor by proclamation on January 20, 2011,
pursuant to subdivision (f) of Section 10 of Article IV of the
California Constitution.