BILL NUMBER: AB 1572 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 10, 2012
INTRODUCED BY Assembly Members Fletcher and Block
(Coauthor: Senator Anderson)
FEBRUARY 1, 2012
An act to add Section 2555.1 to the Streets and Highways Code,
relating to vehicles, and declaring the urgency thereof, to take
effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1572, as amended, Fletcher. Service authorities for freeway
emergencies: San Diego County.
Existing law authorizes a service authority for freeway
emergencies to be established in any county for the purpose of
funding the installation of call boxes along freeways and expressways
to enable motorists in need of aid to obtain assistance. Existing
law provides that a service authority may impose an annual fee of $1
on vehicles registered in the county for this and other related
purposes, which fee is collected by the Department of Motor Vehicles
(DMV) .
This bill, with respect to the service authority created in the
County of San Diego, would provide that the $1 fee may not be imposed
or collected effective with the operative date of this bill until
January 1, 2016. 2015. The bill would
provide for the authority to be dissolved and for the San Diego
Association of Governments (SANDAG) to become the successor authority
and to assume the remaining responsibility for maintaining call
boxes. The bill would limit the reserves that may be held by
SANDAG, as the successor to the authority , to
$4,000,000, and would require the authority
SANDAG to distribute any reserves in excess of that amount to
cities in the County of San Diego, and to the county with respect to
the unincorporated area of the county, in proportion to fees paid for
purposes of the service authority in the 2010-11 fiscal year by
residents of each city and the unincorporated area. The bill would
require the excess reserves to be distributed by the service
authority SANDAG by January 1, 2013, and would
require these revenues to be used for public and motorist
safety programs by the recipient jurisdictions. The bill would
require the service authority to develop a plan relative to
its long-term existence by January 1, 2016, to be submitted to the
San Diego County City Selection Committee for approval. If the
committee rejects the plan, the bill would provide for the authority
to be dissolved and for the San Diego Association of Governments
(SANDAG) to become the successor authority and to assume remaining
responsibility for maintaining call boxes. The bill would
also require the service authority to cease marketing
activities for the 511 program, and to contract with SANDAG in that
regard, until a plan is approved. authorize SANDAG to
carry out specified projects and would require SANDAG to post its
detailed budget relative to the revenues from the collection of the
fee, and the expenditure of these funds, on its Internet
Web site, as specified. The bill would also limit the reserves
that may be held by the authority or SANDAG as the
successor authority on and after January 1, 2016,
2015, to $4,000,000, and would require
distribution of excess reserves to cities and the county for public
safety purposes. The $4,000,000.
The bill would require SANDAG to notify the DMV 6 months
prior to resuming the collection of the fee if reserves
are below, or are projected to be below, $4,000,000 and would limit
the resuming of collection of the fee to one entire fiscal year of
the authority. The bill would also require that SANDAG reimburse the
DMV for administrative costs associated with the collection of the
fee, in an amount not exceeding $50,000.
The bill would authorize the authority or
SANDAG to adjust this amount the
maximum amount of reserves for inflation.
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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
This bill would provide 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 2555.1 is added to the Streets and Highways
Code, to read:
2555.1. (a) Notwithstanding Section 2555, commencing on the date
this section becomes operative and continuing until January 1,
2016, 2015, no fee may be imposed by
the authority created in the County of San Diego, or collected on
behalf of that authority by the Department of Motor Vehicles
(DMV) pursuant to Section 9250.10 of the Vehicle Code. Fee
collection may, but is not required to, resume on January 1,
2016, 2015, consistent with this section.
(b) The authority, commencing on the date this section becomes
operative, shall be dissolved, and, notwithstanding Section 2551,
SANDAG shall become the successor to the dissolved service authority
and assume the remaining operational responsibilities for all
operational, administrative, and maintenance tasks for the call box
system. SANDAG shall post its detailed budget relative to the revenue
received from the collection of fees pursuant to this section, and
the expenditures of these funds, on its Internet Web site.
(b)
(c) (1) The maximum in reserves that may be held by
SANDAG as the successor to the authority in the County of
San Diego from fees collected prior to suspension of fee collection
pursuant to subdivision (a) shall be four million dollars
($4,000,000). Except as otherwise provided in subdivision
(c), these reserve revenues may be used solely for projects of a type
described in subdivision (d) of Section 2557 that the authority has
previously undertaken. In addition to the projects
described in subdivisions (a) to (c), inclusive, of Section 2557,
these reserve funds may only be used for projects of a type listed in
subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision
(d) of that section.
(2) Any reserves in excess of four million dollars ($4,000,000)
held by the authority on the date this section becomes operative
shall be distributed to cities in the County of San Diego, and to the
county with respect to the unincorporated area of the county, in
proportion to fees paid pursuant to Section 2555 in the 2010-11
fiscal year by residents of each city and the unincorporated area.
The authority SANDAG shall distribute
the funds on or before January 1, 2013. The distributed funds shall
be used by the recipient jurisdiction
jurisdictions solely for public and motorist safety
purposes.
(c) The authority, commencing on the date this section becomes
operative, shall cease marketing activities for the 511 program. The
authority shall contract with the San Diego Association of
Governments (SANDAG) for the marketing of the 511 program. The plan
developed pursuant to subdivision (d) may contain a recommended
approach for these activities to be conducted on and after the date
that the plan is approved pursuant to subdivision (d). The
prohibition in this subdivision shall not apply on and after that
date.
(d) (1) The authority shall develop a plan relative to its
continued long-term existence, which shall be submitted to the San
Diego County City Selection Committee pursuant to paragraph (2) no
later than January 1, 2016. The plan, among other things, shall
identify the number of call boxes that will be in use and the
locations of call boxes with the highest and lowest call volumes. The
plan may identify other proposed activities consistent with
subdivision (d) of Section 2557.
(2) The plan shall be submitted to the San Diego County City
Selection Committee for its approval. If it rejects the authority's
plan, the authority shall be dissolved, and, notwithstanding Section
2551, SANDAG shall become the successor to the dissolved service
authority and assume the remaining operational responsibilities for
maintaining the call boxes.
(e)
(d) The maximum in reserves that may be held by
the authority or SANDAG as the successor to the
authority at any time after January 1, 2016,
2015, shall be four million dollars ($4,000,000). In
addition to the projects described in subdivisions (a) to (c) of
Section 2557, inclusive, these reserve funds may only be used for
projects of a type listed in subparagraphs (A) to (D), inclusive, of
paragraph (1) of subdivision (d) of that section. Any amount in
excess of four million dollars ($4,000,000) shall thereafter be
distributed, within one year of accrual of the excess, to cities in
the County of San Diego and to the county in the same manner as
specified in paragraph (2) of subdivision (b). The distributed funds
shall be used by the recipient jurisdiction
jurisdictions solely for public and motorist safety
purposes.
(e) If the reserves are below, or are projected to be below, four
million dollars ($4,000,000), SANDAG shall notify the DMV at least
six months prior to the beginning of its next fiscal year that
collection of fees by the DMV shall resume pursuant to subdivision
(a). Fee collection may be resumed only for one entire fiscal year of
SANDAG. SANDAG shall reimburse the DMV for administrative costs not
to exceed fifty thousand dollars ($50,000) associated with the
collection of fees pursuant to subdivision (a) and Section 9250.10 of
the Vehicle Code.
(f) The authority or SANDAG, as appropriate,
SANDAG may adjust the four-million-dollar ($4,000,000)
limit on reserves specified in subdivisions (b) and (e) for inflation
based on the California Consumer Price Index.
SEC. 2. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
SEC. 3. 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 provide for temporary reduction of unnecessary vehicle
registration fees in the County of San Diego as quickly as possible,
it is necessary that this act take effect immediately.