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AB-1077 Off-highway vehicles.(2017-2018)



Current Version: 04/05/17 - Amended Assembly

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AB1077:v98#DOCUMENT

Amended  IN  Assembly  April 05, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill
No. 1077

Introduced by Assembly Member O'Donnell
(Coauthors: Assembly Members Gallagher and Lackey)
(Coauthor: Senator Anderson)

February 16, 2017

An act to repeal Article 7 (commencing with Section 5090.70) of Chapter 1.25 of Division 5 amend Section 5090.70 of the Public Resources Code, and to 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


AB 1077, as amended, O'Donnell. Off-highway vehicles.
The Off-Highway Motor Vehicle Recreation Act of 2003 (act) provides for the acquisition, operation, and funding of state off-highway vehicular recreation areas and trails, establishes the Off-Highway Motor Vehicle Recreation Commission and the Division of Off-Highway Motor Vehicle Recreation within the Department of Motor Vehicles, and provides a grant program for, among other things, acquisition, administration, maintenance, and operation of areas and facilities associated with the use of off-highway motor vehicles. These provisions are to be repealed on January 1, 2018.
This bill would extend the operation of the act indefinitely. until January 1, 2019, unless a specified report is not received by the Legislature by January 1, 2018, in which case the act would be repealed on July 1, 2018.
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 These provisions are to be repealed on January 1, 2018.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 indefinitely. provisions, including the authorization for the special fee, until January 1, 2019, unless a specified report is not received by the Legislature by January 1, 2018, in which case the provisions would be repealed on July 1, 2018.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.Article 7 (commencing with Section 5090.70) of Chapter 1.25 of Division 5 of the Public Resources Code is repealed.

SECTION 1.

 Section 5090.70 of the Public Resources Code is amended to read:

5090.70.
 (a) This chapter shall remain in effect only until January 1, 2018, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, 2019, deletes or extends that date.
(b) Notwithstanding subdivision (a), if the report required pursuant to subdivision (e) of Section 8352.6 of the Revenue and Taxation Code is not received by the Legislature by January 1, 2018, this section is repealed on July 1, 2018.

SEC. 2.

 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) 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, 2019, and as of that date is repealed.
(g) Notwithstanding subdivision (f), if the report required pursuant to subdivision (e) of Section 8352.6 of the Revenue and Taxation Code is not received by the Legislature by January 1, 2018, this section is repealed on July 1, 2018.

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 California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to provide for the appropriate analysis for the Legislature to decide as soon as possible whether or not to approve the extension of the Off-Highway Motor Vehicle Program as quickly as possible, Program, it is necessary for this act to take effect immediately.