BILL NUMBER: AB 1323	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gatto
   (Coauthor: Assembly Member Olsen)

                        FEBRUARY 18, 2011

   An act to amend Section 9250.14 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1323, as introduced, Gatto. Vehicles: theft and
driving-under-the influence (DUI) crimes: investigative costs.
    Existing law authorizes, until January 1, 2018, a county board of
supervisors to adopt by resolution, in addition to the other fees
imposed for the registration of a vehicle, with certain exceptions,
an additional fee of $1, and an additional service fee of $2, on all
commercial motor vehicles, and continuously appropriates the money to
fund local programs relating to vehicle theft crimes and,
additionally, in counties with a population of 250,000, the
prosecution of crimes involving driving while under the influence of
alcohol or drugs, or both, or vehicular manslaughter or gross
vehicular manslaughter, or any combination of those crimes.
   This bill would require the court to impose on a person convicted
of a felony or misdemeanor of any crime investigated pursuant to
these provisions an additional penalty in an amount equal to all
reasonable costs incurred by the investigating agency or agencies.
   Vote: majority. Appropriation: no. Fiscal committee: no.
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) In addition to the one dollar ($1) service fee, and upon the
implementation of the permanent trailer identification plate program,
and as part of the Commercial Vehicle Registration Act of 2001, 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).
   (b) Notwithstanding Section 13340 of the Government Code, the
money paid to the Controller is 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, money
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
money 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 or subdivision (c) of Section 192 of the Penal Code, or
any combination of those crimes.
   (d) Money 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 year-end 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 total revenues received 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, 2006, and on or before
 January 1 annually  thereafter  , 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 the fee revenues are
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, 2006, and on or before
 January 1 annually  thereafter  , that the
authority to collect a fee for that county is suspended.
   (j) On or before  January 1, 2006, and on or before
 January 1 annually  thereafter  , 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) The Department of the California Highway Patrol, in
consultation with all participating county designated regional
coordinators, shall review the effectiveness of reducing vehicle
theft crimes that were funded by the fees imposed by this section.
The Department of the California Highway Patrol shall provide a
report based on that review and, on or before January 1, 2009, shall
submit that report to the Legislature.
   (l) For the purposes of this section, a 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. 
   (m) An additional penalty in an amount equal to all reasonable
costs incurred by an investigating agency or agencies shall be
imposed by the court on any person convicted of a felony or
misdemeanor for any crime investigated pursuant to subdivision (c) as
authorized by this section.  
   (m) 
    (n)  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.