BILL NUMBER: AB 117	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Beall

                        JANUARY 9, 2007

   An act to add and repeal Section 1463.21 of the Penal Code, and to
add and repeal Section 42012 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 117, as introduced, Beall. Traffic offenses: additional
assessment: traffic safety.
   Existing law imposes a base fine, assessments, and other
applicable fees and penalties on a person upon a conviction of an
offense involving the unsafe operation of a motor vehicle on the
highways.
   This bill would provide that, until January 1, 2010, a county may
elect to levy an additional assessment in the amount of $2 for every
$10 or fraction thereof, upon each base fine, not including other
penalty assessments, fees, or additions, imposed and collected by the
county for an offense involving the unsafe operation of a motor
vehicle upon the highway in violation of the Vehicle Code or a local
ordinance adopted pursuant to the Vehicle Code. The bill would
require that the collected assessments be deposited in a Traffic
Safety Committee Network Fund. The bill would require moneys in the
fund, after deducting administrative costs, not to exceed 10% of the
amount of the fund, be allocated in a manner so that 85% be used for
local traffic safety programs approved by the county board of
supervisors, as specified, and 15% be deposited in the county's
Courthouse Construction Fund.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 1463.21 is added to the Penal Code, to read:
   1463.21.  (a) If a county establishes a Traffic Safety Committee
Network Fund pursuant to Section 42012 of the Vehicle Code,
notwithstanding Section 1463, out of moneys deposited with the county
treasurer pursuant to Section 1463, the assessment imposed pursuant
to Section 42012 of the Vehicle Code shall be deposited in the
Traffic Safety Committee Network Fund in the county treasury and
shall be allocated pursuant to Section 42012 of the Vehicle Code.
   (b) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.
  SEC. 2.  Section 42012 is added to the Vehicle Code, to read:
   42012.  (a) (1) A county may by ordinance elect to levy an
additional assessment of two dollars ($2) for every ten dollars ($10)
or fraction thereof, upon each base fine, not including other
penalty assessments, fees, or additions, imposed and collected by the
courts for an offense involving the unsafe operation of a motor
vehicle upon the highways in violation of this code or a local
ordinance adopted pursuant to this code.
   (2) A parking violation that is subject to Article 3 (commencing
with Section 40200) of Chapter 1 of Division 17 does not apply to
paragraph (1).
   (b) Assessments shall be collected pursuant to subdivision (a)
only if the county board of supervisors provides that the increased
assessments do not offset or reduce the funding of other local
traffic safety programs from other sources, and that these additional
revenues result in increased funding to local traffic safety
programs and courthouse construction.
   (c) (1) A county that enacts an ordinance pursuant to subdivision
(a) shall establish a Traffic Safety Committee Network Fund for
purposes of receiving deposits under Section 1463.21 of the Penal
Code and funding expenditures and disbursements under this section.
For purposes of this section, "fund" means the Traffic Safety
Committee Network Fund.
   (2) Prior to the allocation of funds under subdivision (d), the
costs of administering the fund shall be reimbursed by the fund,
based on the actual administrative costs, not to exceed 10 percent of
the amount of the fund.
   (3) All interest earned on moneys in the fund shall be deposited
in the fund for expenditure and disbursement as specified in this
section.
   (d) Moneys in the fund, after deducting the administrative costs
under paragraph (2) of subdivision (c), shall be allocated as
follows:
   (1) Eighty-five percent of those moneys shall be used for local
traffic safety programs approved by the board of supervisors under
subdivision (e).
   (2) Fifteen percent of those moneys shall be deposited in the
county's Courthouse Construction Fund established in accordance with
Section 76100 of the Government Code.
   (e) (1) (A) A board of supervisors that establishes a Traffic
Safety Committee Network Fund, shall create a countywide community
collaboration committee for the purpose of developing recommendations
for traffic safety programs that are eligible for funding under
paragraph (1) of subdivision (d).
   (B) Eligible funding programs are programs that increase local
traffic safety and reduce related personal injuries and fatalities
through existing local traffic safety programs or the creation of new
local traffic safety programs.
   (2) From the recommended eligible funding programs developed under
paragraph (1), the board of supervisors shall select eligible local
traffic safety programs for funding.
   (f) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.