BILL NUMBER: AB 564	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 26, 2009
	AMENDED IN ASSEMBLY  MAY 14, 2009
	AMENDED IN ASSEMBLY  MAY 5, 2009

INTRODUCED BY   Assembly  Member  
Portantino   Members   Portantino  
and Bonnie Lowenthal

                        FEBRUARY 25, 2009

    An act to amend Section 40802 of the Vehicle Code,
relating to vehicles.   An act to amend Section 11999.6
of the Health and Safety Code, relating to substance abuse. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 564, as amended, Portantino.  Speed traps: local street
or road.   Substance Abuse Treatment Fund: prohibition
of excessive salaries.  
   Existing law, the Substance Abuse and Crime Prevention Act of
2000, was enacted by the voters at the November 2000 general
election. Amendment of the act by the Legislature requires a 2/3 vote
of both houses of the Legislature. The act requires all amendments
to further the act and be consistent with its purposes. The act
creates a Substance Abuse Treatment Trust Fund to provide moneys to
cover county costs associated with drug treatment programs, as
specified. The act also requires annual and long-term effectiveness
and financial impact studies on the programs funded by the act as
well as periodic audits of the expenditures.  
   This bill would provide that the moneys in the Substance Abuse
Treatment Trust Fund shall not be used to provide a special benefit
that is unreasonable under the circumstances to any private person or
entity because of his, her, or its relationship to a nonprofit
corporation receiving funding from the fund, including excessive
executive compensation, as specified.  
    Existing law relating to speed traps provides that a local street
or road is defined by the latest functional usage and federal-aid
system maps submitted to the federal Highway Administration, except
that when these maps have not been submitted, or when the street or
road is not shown on the maps, a "local street or road" means a
street or road that primarily provides access to abutting residential
property and meets 3 specified conditions.  
   The bill would provide that, within the city limits of the City of
Pasadena, a "local street or road" also includes a street or road
within a "residence district" that meets the 3 specified conditions
referred to above.  
   The bill would make findings and declarations concerning the need
for special legislation. 
   Vote: majority   2/3  . Appropriation:
no. Fiscal committee:  no   yes  .
State-mandated local program: no.


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

   SECTION 1.    It is the intent of Legislature in
enacting this act to reinforce the goals of Proposition 36 of the
November 2000 statewide general election by ensuring that money
directed by the voters for drug treatment should be used for that
purpose and not to provide large salaries to the executives of large
drug treatment facilities. 
   SEC. 2.    Section 11999.6 of the   Health
and Safety Code   is amended to read: 
   11999.6.   (a)    Moneys deposited in the
Substance Abuse Treatment Trust Fund shall be distributed annually by
the Secretary of the Health and Human Services Agency through the
State Department of Alcohol and Drug Programs to counties to cover
the costs of placing persons in and providing drug treatment programs
under this act, and vocational training, family counseling, and
literacy training under this act. Additional costs that may be
reimbursed from the Substance Abuse Treatment Trust Fund include
probation department costs, court monitoring costs and any
miscellaneous costs made necessary by the provisions of this act
other than drug testing services of any kind. Incarceration costs
cannot be reimbursed from the fund. Those moneys shall be allocated
to counties through a fair and equitable distribution formula that
includes, but is not limited to, per capita arrests for controlled
substance possession violations and substance abuse treatment
caseload, as determined by the department as necessary to carry out
the purposes of this act. The department may reserve a portion of the
fund to pay for direct contracts with drug treatment service
providers in counties or areas in which the director of the
department has determined that demand for drug treatment services is
not adequately met by existing programs. However, nothing in this
section shall be interpreted or construed to allow any entity to use
funds from the Substance Abuse Treatment Trust Fund to supplant funds
from any existing fund source or mechanism currently used to provide
substance abuse treatment. In addition, funds from the Substance
Abuse Treatment Trust Fund shall not be used to fund in any way the
drug treatment courts established pursuant to Article 2 (commencing
with Section 11970.1) or Article 3 (commencing with Section 11970.4)
of Chapter 2 of Part 3 of Division 10.5, including drug treatment or
probation supervision associated with those drug treatment courts.

   (b) (1) Funds from the Substance Abuse Treatment Trust Fund shall
not be used to provide an individual or entity with any special
benefit that is unreasonable under the circumstances because of his,
her, or its relationship to any nonprofit corporation receiving
funding from the fund, including excessive compensation to directors,
officers, or employees of any nonprofit corporation receiving that
funding.  
   (2) In order to effectuate this subdivision, the following
requirements shall apply to the compensation of any executive of a
nonprofit corporation providing services under this division: 

   (A) The amount of any grant of funds under this section which can
be used for executive compensation may not exceed 1 percent of the
value of the grant multiplied by the percentage of total revenues
received by the corporation for substance abuse treatment activities
that come from public sources. However, if this calculation yields an
amount less than one-quarter of 1 percent of the value of the grant,
an amount that does not exceed one-quarter of 1 percent of the grant
may be used for executive compensation.  
   (B) No grant of funds under this section shall be used for
executive compensation for anyone who collects rent from a treatment
facility in an amount that exceeds 1 percent of the value of the
grant.  
  SECTION 1.    Section 40802 of the Vehicle Code is
amended to read:
   40802.  (a) A "speed trap" is either of the following:
   (1) A particular section of a highway measured as to distance and
with boundaries marked, designated, or otherwise determined in order
that the speed of a vehicle may be calculated by securing the time it
takes the vehicle to travel the known distance.
   (2) A particular section of a highway with a prima facie speed
limit that is provided by this code or by local ordinance under
subparagraph (A) of paragraph (2) of subdivision (a) of Section
22352, or established under Section 22354, 22357, 22358, or 22358.3,
if that prima facie speed limit is not justified by an engineering
and traffic survey conducted within five years prior to the date of
the alleged violation, and enforcement of the speed limit involves
the use of radar or any other electronic device that measures the
speed of moving objects. This paragraph does not apply to a local
street, road, or school zone.
   (b) (1) For purposes of this section, a local street or road is
defined by the latest functional usage and federal-aid system maps
submitted to the federal Highway Administration, except that when
these maps have not been submitted, or when the street or road is not
shown on the maps, a local street or road means a street or road
that primarily provides access to abutting residential property and
meets the following three conditions:
   (A) Roadway width of not more than 40 feet.
   (B) Not more than one-half of a mile of uninterrupted length.
Interruptions shall include official traffic control signals as
defined in Section 445.
   (C) Not more than one traffic lane in each direction.
   (2) For purposes of this section, "school zone" means that area
approaching or passing a school building or the grounds thereof that
is contiguous to a highway and on which is posted a standard "SCHOOL"
warning sign, while children are going to or leaving the school
either during school hours or during the noon recess period. "School
zone" also includes the area approaching or passing any school
grounds that are not separated from the highway by a fence, gate, or
other physical barrier while the grounds are in use by children if
that highway is posted with a standard "SCHOOL" warning sign.
   (c) For purposes of this section, in addition to the definition of
a local street or road as specified in paragraph (1) of subdivision
(b), within the city limits of the City of Pasadena, a local street
or road may also be defined as a street or road within a residence
district that meets all of the following three conditions:
   (1) Roadway width of not more than 40 feet.
   (2) Not more than one-half of a mile of uninterrupted length.
Interruptions shall include official traffic control signals as
defined in Section 445.
   (3) Not more than one traffic lane in each direction.
   (d) (1) When all of the following criteria are met, paragraph (2)
of this subdivision shall be applicable and subdivision (a) shall not
be applicable:
   (A) When radar is used, the arresting officer has successfully
completed a radar operator course of not less than 24 hours on the
use of police traffic radar, and the course was approved and
certified by the Commission on Peace Officer Standards and Training.
   (B) When laser or any other electronic device is used to measure
the speed of moving objects and the arresting officer has
successfully completed the training required in subparagraph (A) and
an additional training course of not less than two hours approved and
certified by the Commission on Peace Officer Standards and Training.

   (C) (i) The prosecution proved that the arresting officer complied
with subparagraphs (A) and (B) and that an engineering and traffic
survey has been conducted in accordance with subparagraph (B) of
paragraph (2). The prosecution proved that, prior to the officer
issuing the notice to appear, the arresting officer established that
the radar, laser, or other electronic device conformed to the
requirements of subparagraph (D).
   (ii) The prosecution proved the speed of the accused was unsafe
for the conditions present at the time of alleged violation unless
the citation was for a violation of Section 22349, 22356, or 22406.
   (D) The radar, laser, or other electronic device used to measure
the speed of the accused meets or exceeds the minimal operational
standards of the National Traffic Highway Safety Administration, and
has been calibrated within the three years prior to the date of the
alleged violation by an independent certified laser or radar repair
and testing or calibration facility.
   (2) A "speed trap" is either of the following:
   (A) A particular section of a highway measured as to distance and
with boundaries marked, designated, or otherwise determined in order
that the speed of a vehicle may be calculated by securing the time it
takes the vehicle to travel the known distance.
   (B) (i) A particular section of a highway or state highway with a
prima facie speed limit that is provided by this code or by local
ordinance under subparagraph (A) of paragraph (2) of subdivision (a)
of Section 22352, or established under Section 22354, 22357, 22358,
or 22358.3, if that prima facie speed limit is not justified by an
engineering and traffic survey conducted within one of the following
time periods, prior to the date of the alleged violation, and
enforcement of the speed limit involves the use of radar or any other
electronic device that measures the speed of moving objects:
   (I) Except as specified in subclause (II), seven years.
   (II) If an engineering and traffic survey was conducted more than
seven years prior to the date of the alleged violation, and a
registered engineer evaluates the section of the highway and
determines that no significant changes in roadway or traffic
conditions have occurred, including, but not limited to, changes in
adjoining property or land use, roadway width, or traffic volume, 10
years.
   (ii) This subparagraph does not apply to a local street, road, or
school zone.  
  SEC. 2.    The Legislature finds and declares that
this act, which is applicable only to the City of Pasadena is
necessary in order to permit the City of Pasadena to determine the
speed limit for a local street or road providing access to a
residence district. It is, therefore, declared that a general law
within the meaning of Section 16 of Article IV of the California
Constitution cannot be made applicable and that the enactment of this
special law is necessary for the public good.