BILL NUMBER: AB 117	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JANUARY 22, 2008
	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.   An act to am   end
Section 20301 of the Public Contract Code, relating to
transportation. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 117, as amended, Beall.  Traffic offenses: additional
assessment: traffic safety.   Transportation: Santa
Clara Valley Transportation Authority: contracts.  
   (1) Existing law creates the Santa Clara Valley Transportation
Authority and prescribes the powers and duties of the authority,
including procedures for contracts and procurement by the authority.
Existing law provides that the purchase of all supplies, equipment,
and materials, when the expenditure required exceeds $25,000, shall
be by contract let to the lowest responsible bidder.  
   This bill instead would require those purchases, when the
expenditure required exceeds $100,000, to be by contract let to the
lowest responsible bidder or to the responsible bidder who submits a
proposal that provides the best value, as defined. The bill also
would require the authority to obtain a minimum of 3 quotations,
either written or oral, that permit prices and terms to be compared,
whenever the expenditure required for the purchase of supplies,
equipment, or materials exceeds $2,500, but does not exceed $100,000.
 
   (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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.  
   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 authorize, until January 1, 2013, 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 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 the fund
and funded projects. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no
  yes  .


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

   SECTION 1.    Section 20301 of the   Public
Contract Code   is amended to read: 
   20301.   (a)    The purchase of all supplies,
equipment, and materials, when the expenditure required exceeds
 twenty-five   one hundred  thousand
dollars  ($25,000)   ($100,000)  , shall be
by contract let to the lowest responsible bidder  . Notice
  ,   or in the authority's discretion, to the
responsible bidder who submitted a proposal that provides the best
value to the authority on the basis of the factors identified in the
solicitation. "Best value" means the overall combination of quality,
price, and other elements of a proposal that, when considered
together, provide the greatest overall benefit in response to the
requirements described in the solicitation documents.  
   (b) The authority shall obtain a minimum of three quotations,
either written or oral, that permit prices and terms to be compared
whenever the expected expenditure required for the purchase of
supplies, equipment, or materials exceeds two thousand five hundred
dollars ($2,500), but does not exceed one hundred thousand dollars
($100,000). 
    (c)     Notice  requesting bids shall
be published at least once in a newspaper of general circulation,
which publication shall be made at least 10 days before the bids are
received. The board may reject any and all bids and readvertise at
its discretion.
  SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.  
  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,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.  
  SEC. 2.    Section 42012 is added to the Vehicle
Code, to read:
   42012.  (a) (1) 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 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) 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 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) 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.
   (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.
   (g) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 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.