BILL NUMBER: SB 1317 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 6, 2012
AMENDED IN ASSEMBLY JULY 3, 2012
AMENDED IN SENATE MAY 25, 2012
AMENDED IN SENATE MAY 3, 2012
AMENDED IN SENATE APRIL 26, 2012
AMENDED IN SENATE MARCH 27, 2012
INTRODUCED BY Senator Kehoe
FEBRUARY 23, 2012
An act to amend and , repeal ,
and add Sections 11208 and 42007.1 of the Vehicle Code,
relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 1317, as amended, Kehoe. Vehicles: traffic violator schools.
(1) Existing law requires the department to charge traffic
violator school owners, operators, and instructors fees for certain
activities related to traffic violator school programs, including the
issuance of a branch or classroom location license. These fees are
required to be set to defray the actual cost to the department to
administer the traffic violator school program, except for the costs
for routine monitoring of instruction.
This bill, until January 1, 2015, would revise the activities for
which the department is authorized to impose certain of these fees
and would authorize the department to charge fees instead for an
approval for a branch office or a classroom location or the renewal
of an approved branch office or current classroom location. The bill
would require all of these fees to be equal to the fees charged for
the 2011-12 fiscal year, except the fee for the renewal of an
approved current classroom location would be required to be set at
$50 per year per location. The bill would, as of January 1,
2015, delete those proposed revisions and would reestablish the fee
requirements imposed under existing law.
(2) Existing law requires the court to collect a single
administrative fee that is assessed against a driver traffic violator
who attends traffic violator school, and requires the fee to include
the cost of routine monitoring of traffic violator school
instruction.
This bill, until January 1, 2015, would instead require the amount
of the administrative fee assessed and collected by the court to be
set by the department at an amount sufficient to defray the actual
costs to the department to administer the provisions regulating the
traffic school violator program, except for the costs defrayed by the
fees authorized for specific department activities described in (1)
above. The bill would, as of January 1, 2015, delete that
proposed change and would reestablish the fee amount required under
existing law.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11208 of the Vehicle Code is amended to read:
11208. (a) The department shall charge fees in the amount
specified in subdivision (b), for the following traffic violator
school program activities:
(1) Original issuance of either, or both, of the following:
(A) A traffic violator school owner, operator, or instructor
license.
(B) An approval for a branch office or a classroom location.
(2) Renewal of either, or both, of the following:
(A) A traffic violator school owner, operator, or instructor
license.
(B) An approved branch office or a classroom location.
(3) Issuance of either a duplicate or corrected traffic violator
school owner, operator, or instructor license, or for a duplicate or
corrected copy of a branch office or classroom location approval.
(4) Transfer of an operator or instructor license from one traffic
violator school to another.
(5) Approval of curriculum, based on the instructional modality of
the curriculum.
(6) Fees for administering the examinations pursuant to Sections
11206 and 11207.
(b) The amount of fees for the activities authorized under
subdivision (a) shall be equal to the amount determined by the
department pursuant to this section, as it read on January 1, 2012,
for the 2011-12 fiscal year, except for the fee for the renewal of an
approved current classroom locations
location which shall be set at fifty dollars ($50) per year per
location.
(c) A single administrative fee shall be assessed against and
collected by the court pursuant to Section 42007.1 from each traffic
violator who is ordered or permitted to attend a traffic violator
school. Included in this fee shall be an amount determined by the
department to be sufficient to defray the actual costs to the
department to administer this chapter, except for the costs defrayed
by the fees authorized by subdivision (a).
(d) For purposes of this section, "approved current classroom
location" means a classroom location that received original approval
from the department, which was listed on the classroom-based school's
most recent classroom renewal application, or any new classroom
location subsequently added by the classroom-based school and
approved by the department prior to the school's next renewal
application.
(e) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 2. Section 11208 is added to the
Vehicle Code , to read:
11208. (a) The department shall charge a fee, to be determined by
the department, for the following traffic violator school program
activities:
(1) Original issuance of a traffic violator school owner,
operator, instructor, and branch or classroom location license.
(2) Renewal of a traffic violator school owner, operator,
instructor, and branch or classroom location license.
(3) Issuance of a duplicate or corrected traffic violator school
owner, operator, instructor, and branch or classroom location
license.
(4) Transfer of an operator or instructor license from one traffic
violator school to another.
(5) Approval of curriculum, based on the instructional modality of
the curriculum.
(6) Fees for administering the examinations pursuant to Sections
11206 and 11207.
(b) The fees authorized under subdivision (a) shall be sufficient
to defray the actual cost to the department to administer the traffic
violator school program, except for routine monitoring of
instruction.
(c) A single administrative fee shall be assessed against, and
collected by the court pursuant to Section 42007.1 from, each driver
who is allowed or ordered to attend traffic violator school. Included
in this fee shall be an amount determined by the department to be
sufficient to defray the cost of routine monitoring of traffic
violator school instruction.
(d) This section shall become operative on January 1, 2015.
SEC. 2. SEC. 3. Section 42007.1 of
the Vehicle Code is amended to read:
42007.1. (a) The amount collected by the clerk pursuant to
subdivision (a) of Section 42007 shall be in an amount equal to the
total bail set forth for the eligible offense on the uniform
countywide bail schedule plus a forty-nine-dollar ($49) fee, and a
fee, as specified in subdivision (c) of Section 11208, determined by
the department to be sufficient to defray the actual costs to the
department of administering Chapter 1.5 (commencing with Section
11200) of Division 5, and a fee, if any, established by the court
pursuant to subdivision (c) of Section 11205.2 to defray the costs
incurred by a traffic assistance program.
(b) Notwithstanding subdivision (b) of Section 42007, the revenue
from the forty-nine-dollar ($49) fee collected under this section
shall be deposited in the county general fund. Fifty-one percent of
the amount collected under this section and deposited into the county
general fund shall be transmitted therefrom monthly to the
Controller for deposit in the Immediate and Critical Needs Account of
the State Court Facilities Construction Fund, established in Section
70371.5 of the Government Code.
(c) The fee assessed pursuant to subdivision (c) of Section 11208
shall be allocated to the department to defray the actual costs to
the department of administering Chapter 1.5 (commencing with Section
11200) of Division 5.
(d) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 4. Section 42007.1 is added to the
Vehicle Code , to read:
42007.1. (a) The amount collected by the clerk pursuant to
subdivision (a) of Section 42007 shall be in an amount equal to the
total bail set forth for the eligible offense on the uniform
countywide bail schedule plus a forty-nine-dollar ($49) fee, and a
fee determined by the department to be sufficient to defray the cost
of routine monitoring of traffic violator school instruction pursuant
to subdivision (c) of Section 11208, and a fee, if any, established
by the court pursuant to subdivision (c) of Section 11205.2 to defray
the costs incurred by a traffic assistance program.
(b) Notwithstanding subdivision (b) of Section 42007, the revenue
from the forty-nine-dollar ($49) fee collected under this section
shall be deposited in the county general fund. Fifty-one percent of
the amount collected under this section and deposited into the county
general fund shall be transmitted therefrom monthly to the
Controller for deposit in the Immediate and Critical Needs Account of
the State Court Facilities Construction Fund, established in Section
70371.5 of the Government Code.
(c) The fee assessed pursuant to subdivision (c) of Section 11208
shall be allocated to the department to defray the costs of
monitoring traffic violator school instruction.
(d) This section shall become operative on January 1, 2015.