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SB-159 Off-highway vehicles.(2017-2018)

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Date Published: 06/15/2017 09:00 PM
SB159:v98#DOCUMENT

Amended  IN  Senate  June 15, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 159


Introduced by Senator Allen

January 19, 2017


An act to amend Section 8753 of the Government Code, relating to art. amend Section 38225 of the Vehicle Code, relating to off-highway vehicles, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


SB 159, as amended, Allen. Arts Council. Off-highway vehicles.
Existing law generally imposes a service fee of $7 for the issuance or renewal of identification of off-highway motor vehicles subject to identification, and a special fee of $33 paid at the time of payment of the service fee. Existing law requires the special fees, specified use fees for state vehicular recreation areas, and other specified funds to be deposited in the Off-Highway Vehicle Trust Fund, and requires moneys in the fund, upon appropriation, to be allocated for specified purposes related to off-highway recreation. These provisions are to be repealed on January 1, 2018.
This bill would extend the operation of these provisions until January 1, 2023, if certain conditions are met.
This bill would declare that it is to take effect immediately as an urgency statute.

The Dixon-Zenovich-Maddy California Arts Act of 1975 establishes the Arts Council, consisting of 11 appointed members. The act specifies the duties of the council, including providing for the exhibition of art works in public buildings throughout California.

This bill would additionally require the Arts Council to encourage the public exhibition of art works in both public and private spaces throughout California.

Vote: MAJORITY2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 38225 of the Vehicle Code is amended to read:

38225.
 (a) A service fee of seven dollars ($7) shall be paid to the department for the issuance or renewal of identification of off-highway motor vehicles subject to identification, except as expressly exempted under this division.
(b) In addition to the service fee required by subdivision (a), a special fee of thirty-three dollars ($33) shall be paid at the time of payment of the service fee for the issuance or renewal of an identification plate or device.
(c) All money transferred pursuant to Section 8352.6 of the Revenue and Taxation Code, all fees received by the department pursuant to subdivision (b), and all day use, overnight use, or annual or biennial use fees for state vehicular recreation areas received by the Department of Parks and Recreation shall be deposited in the Off-Highway Vehicle Trust Fund, which is hereby created. There shall be a separate reporting of special fee revenues by vehicle type, including four-wheeled vehicles, all-terrain vehicles, motorcycles, and snowmobiles. All money shall be deposited in the fund, and, upon appropriation by the Legislature, shall be allocated according to Section 5090.61 of the Public Resources Code.
(d) Any money temporarily transferred by the Legislature from the Off-Highway Vehicle Trust Fund to the General Fund shall be reimbursed, without interest, by the Legislature within two fiscal years of the transfer.

(e)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 before January 1, 2018, deletes or extends that date. Any unencumbered funds remaining in the Off-Highway Vehicle Trust Fund on January 1, 2018, shall be transferred to the General Fund.

(e) Any unencumbered funds remaining in the Off-Highway Vehicle Trust Fund on the date of repeal of this section pursuant to either subdivision (f) or (g) shall be transferred to the General Fund.
(f) This section shall remain in effect only until January 1, 2018, and as of that date is repealed.
(g) Notwithstanding subdivision (f), if a statute that is enacted before January 1, 2018, extends the operation of the Off-Highway Motor Vehicle Recreation Act of 2003 (Chapter 1.25 (commencing with Section 5090.01) of Division 5 of the Public Resources Code) until January 1, 2023, then this section shall remain in effect until January 1, 2023, and as of that date is repealed.

SEC. 2.

 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 California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to provide for the extension of the Off-Highway Motor Vehicle Program as quickly as possible, it is necessary for this act to take effect immediately.
SECTION 1.Section 8753 of the Government Code is amended to read:
8753.

The council shall:

(a)Encourage artistic awareness, participation and expression.

(b)Help independent local groups develop their own art programs.

(c)Promote the employment of artists and those skilled in crafts in both the public and private sector.

(d)Provide for the exhibition of art works in public buildings and encourage the public exhibition of art works in both public and private spaces throughout California.

(e)Enlist the aid of all state agencies in the task of ensuring the fullest expression of our artistic potential.

(f)Adopt regulations in accordance with the provisions of the Administrative Procedure Act necessary for proper execution of the powers and duties granted to the council by this chapter.

(g)Employ such administrative, technical, and other personnel as may be necessary.

(h)Fix the salaries of the personnel employed pursuant to this chapter which salaries shall be fixed as nearly as possible to conform to the salaries established by the State Personnel Board for classes of positions in the state civil service involving comparable duties and responsibilities.

(i)Appoint advisory committees whenever necessary. Members of an advisory committee shall serve without compensation, but each may be reimbursed for necessary traveling and other expenses incurred in the performance of official duties.

(j)Request and obtain from any department, division, board, bureau, commission, or other agency of the state such assistance and data as will enable it properly to carry on its power and duties.

(k)Hold hearings, execute agreements, and perform any acts necessary and proper to carry out the purposes of this chapter.

(l)Accept federal grants, for any of the purposes of this chapter.

(m)Accept only unrestricted gifts, donations, bequests, or grants of funds from private sources and public agencies, for any of the purposes of this chapter. However, the council shall give careful consideration to any donor requests concerning specific dispositions.

(n)Establish grant application criteria and procedure.

(o)Award prizes or direct grants to individuals or organizations in accordance with such regulations as the council may prescribe. In awarding prizes or directing grants, the council shall notify the offices of the legislators in whose district the recipient resides.