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SB-170 Property tax revenue allocations: property tax revenue shifts: single-county transit districts.(1999-2000)

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Amended  IN  Senate  March 09, 1999
Amended  IN  Senate  April 28, 1999
Amended  IN  Assembly  June 21, 1999
Amended  IN  Assembly  June 28, 1999
Amended  IN  Assembly  June 06, 2000

CALIFORNIA LEGISLATURE— 1999–2000 REGULAR SESSION

Senate Bill
No. 170

Introduced  by  Senator Dunn
 (Principal Coauthor(s): Senator Kelley, O'Connell)
 (Principal Coauthor(s): Assembly Member Baugh, Correa)
 (Coauthor(s): Senator Johnston, Lewis, Morrow, Rainey)
 (Coauthor(s): Assembly Member Ackerman, Bates, Brewer, Campbell, Jackson, Machado, Maddox, Maldonado, Mazzoni, Pescetti)

January 11, 1999

An act to amend Section 23332 of the Vehicle Code, relating to transportation. An act to add Section 97.27 to the Revenue and Taxation Code, relating to local government finance, making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


SB 170, as amended, Dunn. Bridges: trespass: punishment Property tax revenue allocations: property tax revenue shifts: single-county transit districts.
Existing law requires the county auditor, in each fiscal year, to allocate property tax revenues to local jurisdictions in accordance with specified formulas and procedures, and generally requires that each jurisdiction be allocated an amount equal to the total of the amount of revenue allocated to that jurisdiction in the prior fiscal year, subject to certain modifications, and that jurisdiction’s portion of the annual tax increment, as defined. Existing property tax law modifies these provisions by requiring that, for purposes of determining property tax revenue allocations in each county for the 1992–93 fiscal year, the amounts of property tax revenue deemed allocated in the prior fiscal year to special districts, including single-county transit districts, be reduced in accordance with a specified percentage. Existing law requires that the revenues not allocated to the special districts as a result of these reductions be transferred to the Educational Revenue Augmentation Fund in that county for allocation to school districts, community college districts, and the county office of education.
This bill would, as provided, for the 2000–01 fiscal year and each fiscal year thereafter, exclude single-county transit districts from these reduction and transfer provisions.
The bill would state the intent of the Legislature in enacting the bill’s provisions.
The bill would appropriate $630,000 from the General Fund to the Department of Finance for allocation to community college districts for the reimbursement of revenue losses incurred by those districts in the 1999–2000 fiscal year as a result of this bill.

(1)Existing law makes it a misdemeanor for any person to be upon any portion of a vehicular crossing that is not intended for public use without the permission of the Department of Transportation. A “vehicular crossing” is defined as any toll bridge or toll highway crossing and the approaches thereto, constructed or acquired by the department under the California Toll Bridge Authority Act.

This bill would make a violation of existing law in which the person climbs upon any railing, cable, suspender rope, tower, or superstructure of any vehicular crossing that is a toll bridge a misdemeanor, punishable by imprisonment in the county jail for a term of not more than one year, by a fine of not more than $10,000, or by both that imprisonment and fine. By increasing the amount of time a person may be imprisoned in a county jail for violating these provisions, the bill would impose a state-mandated local program.

The bill would require any person punished as specified to reimburse the department for costs resulting from the violation of existing law. (2)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 no reimbursement is required by this act for a specified reason.

Vote: MAJORITY   Appropriation: YES   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

Section 23332 of the Vehicle Code is

SECTION 1.

 Section 97.27 is added to the Revenue and Taxation Code, to read:

97.27.
 (a) (1) Notwithstanding any other provision of this article, commencing with the 2000-01 fiscal year, the auditor shall allocate ad valorem property tax revenues to a transit district, that is located entirely within a single county, in those amounts that would be determined if no reduction had been made with respect to that district pursuant to subdivision (c) of Section 97.2 for the 1992-93 fiscal year.
(2) For purposes of the allocation of ad valorem property tax revenues in the 2000–01 fiscal year and each fiscal year thereafter, the implementation of paragraph (1) does not require any increase in the amount of the reduction calculated for any local agency for the 1992–93 fiscal year pursuant to Section 97.2.
(b) The Legislature finds that transit districts located entirely within a single county did not benefit from the allocations from the Special District Augmentation Fund authorized under former Section 98.6, as that section read on June 15, 1993. Therefore, it is the intent of the Legislature in enacting this section to ensure that each transit district, whether located within multiple counties or entirely within a single county, is treated equally in the allocation of those revenues essential to the preservation of adequate and quality public services.

SEC. 2.

 The sum of six hundred thirty thousand dollars ($630,000) is hereby appropriated from the General Fund to the Department of Finance for allocation to community college districts to reimburse those districts for any revenue losses incurred by those districts for the 1999–2000 fiscal year as a result of this act. If the total amount of losses subject to reimbursement under this section is less than six hundred thirty thousand dollars ($630,000), the Department of Finance shall, after making all required reimbursements, transfer the excess of six hundred thirty thousand dollars ($630,000) over the total amount of those reimbursements to the Treasurer, for deposit into the General Fund.

amended to read:

23332.

(a)It is a misdemeanor for any person to be upon any portion of a vehicular crossing that is not intended for public use without the permission of the Department of Transportation.

(b)A violation of this section in which the person climbs upon any railing, cable, suspender rope, tower, or superstructure of any vehicular crossing that is a toll bridge is a misdemeanor punishable by imprisonment in the county jail for a term of not more than one year, by a fine of not more than ten thousand dollars ($10,000), or by both that imprisonment and fine.

(c)Any person punished under subdivision (b) shall reimburse the Department of Transportation for costs resulting from the violation of this section. The court shall consider the costs to the department and shall prorate the defendant’s share of the costs based on the defendant’s responsibility for the acts and in accordance with the defendant’s ability to pay, as the court deems appropriate in the interests of justice.

(d)This section does not apply to a person engaged in the operation, maintenance, or repair of a vehicular crossing or any facility thereon nor to any person attempting to effect a rescue.

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.