BILL NUMBER: AB 117 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 22, 2007
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 amended, 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 authorize
, until January 1, 2010 2013 ,
a county may Santa Clara County to
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
2 % 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. The
bill would require the Santa Clara County Board of Supervisors, if it
establishes a fund, to create a countywide community collaboration
committee with specified duties, and to submit an annual report to
the Legislature regarding t he fund and funded projects.
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 2013 , and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2010 2013 , deletes or
extends that date.
SEC. 2. Section 42012 is added to the Vehicle Code, to read:
42012. (a) (1) A county Santa Clara
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 Santa
Clara 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 If Santa Clara
County enacts an ordinance pursuant to subdivision (a) ,
the county 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
2 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 If
the Santa Clara County Board of Supervisors establishes a
Traffic Safety Committee Network Fund, the county board of
supervisors 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) Prior to the disbursement of funds from the Traffic Safety
Committee Network Fund, the county board of supervisors shall require
the countywide community collaboration committee created under
subparagraph (A) to prepare and submit to the board for the board's
approval all of the following:
(i) A strategic plan for implementing subparagraph (A). The plan
shall be made available to the public.
(ii) A capital outlay program that identifies state, local, and
community-based infrastructure needs.
(iii) Performance standards or outcome measures.
(B)
(C) 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) (1) If the board of supervisors establishes a Traffic Safety
Community Network Fund under subdivision (e), it shall, on or before
the fifth legislative day of 2008, and each year thereafter, submit a
report to the Legislature that includes, but is not limited to, a
detailed report of the program, including statements to the effect of
whether or not fund usage was in accordance with the following:
(A) The criteria and processes established pursuant to subdivision
(e).
(B) Consistent with legal requirements that achieve the intended
outcomes developed under clause (iii) of subparagraph (B) of
paragraph (1) of subdivision (e).
(2) The report shall also include the following:
(A) A listing of the projects, programs, or other authorized
activities funded and a description of each project funded, as well
as the amounts expended for each project.
(B) The ongoing in-progress actions taken to ensure that funded
projects and activities are within the scope and cost projections of
those projects and activities.
(3) The results of the completed projects, programs, or other
authorized activities funded.
(f)
(g) This section shall remain in effect only until
January 1, 2010 2013 , and as of that
date is repealed, unless a later enacted statute, that is enacted
before January 1, 2010 2013 , deletes
or extends that date.
SEC. 3. The Legislature finds and declares that
due to the fact the successful and unique Traffic Safe Communities
Network in Santa Clara County, that has been receiving grant money
through the Office of Traffic Safety in the Business, Transportation
and Housing Agency, is in jeopardy of losing its funding, a general
statute cannot be make applicable within the meaning of Section 16 of
Article IV of the California Constitution. Therefore, the special
legislation contained in this act is necessarily applicable only to
Santa Clara County.