SB 1040 ammended 8-27-12 - repeal of fire fee

BILL NUMBER: SB 1040 AMENDED
 BILL TEXT

 AMENDED IN ASSEMBLY  AUGUST 27, 2012
 AMENDED IN ASSEMBLY  AUGUST 24, 2012
 AMENDED IN ASSEMBLY  JUNE 25, 2012

INTRODUCED BY   Senator  Negrete McLeod   Evans

   (Principal coauthor: Assembly Member Nestande)
   (Coauthor: Assembly Member Chesbro)

                        FEBRUARY 6, 2012

   An act to repeal Chapter 1.5 (commencing with Section 4210) of
Part 2 of Division 4 of the Public Resources Code, relating to fire
prevention, and declaring the urgency thereof, to take effect
immediately.



 LEGISLATIVE COUNSEL'S DIGEST


   SB 1040, as amended,  Negrete McLeod   Evans
 . Fire prevention: fees.
   (1) Existing law requires the state to have the primary financial
responsibility for preventing and suppressing fires in areas that the
State Board of Forestry and Fire Protection has determined are state
responsibility areas. Existing law requires the board to adopt
emergency regulations to establish a fire prevention fee in an amount
not to exceed $150 to be charged on each structure on a parcel that
is within a state responsibility area. The board is required to
adjust the fire prevention fee annually using prescribed methods.
Existing law requires the State Board of Equalization to collect the
fire prevention fees, as prescribed. Existing law requires the
Department of Forestry and Fire Protection to annually transmit to
the State Board of Equalization the appropriate names and addresses
of persons who are liable for the fire prevention fee and the amount
of the fire prevention fee to be assessed by the State Board of
Equalization. Existing law establishes the State Responsibility Area
Fire Prevention Fund and requires the fire prevention fees collected,
except that portion retained by the State Board of Equalization, to
be deposited into the fund and to be available, upon appropriation by
the Legislature, for specified fire prevention activities, which
would benefit the owners of structures in state responsibility areas
who are subject to the fire prevention fee, including, but not
limited to, covering startup costs, and for the costs of
administration, as specified. Existing law requires the State Board
of Equalization to retain and expend, upon appropriation by the
Legislature, the funds necessary to pay refunds and for its expenses
incurred in collection. Existing law permits a person from whom a
fire prevention fee is determined to be due to use an appeals process
and, if applicable, a refund process.
   This bill would repeal the above provisions.
   (2) The bill would provide that its provisions take effect only
upon the enactment of AB 1500 of the 2011-12 Regular Session.
   (3) This bill would declare that it is to take effect immediately
as an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  It is the intent of the Legislature to repeal the fire
prevention fee imposed pursuant to Chapter 1.5 (commencing with
Section 4210) of Part 2 of Division 4 of the Public Resources Code.
  SEC. 2.  Chapter 1.5 (commencing with Section 4210) of Part 2 of
Division 4 of the Public Resources Code is repealed.
  SEC. 3.  This bill shall take effect contingent on the enactment of
Assembly Bill 1500 of the 2011-12 Regular Session.
  SEC. 4.  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:
   To relieve property owners in state responsibility areas from the
requirement to pay the fire prevention  fees ,  
fee,  it is necessary for this measure to take effect
immediately.