Amended in Assembly April 2, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 714

Introduced by Assembly Member Wieckowski

February 21, 2013

An act begin delete to add Section 104338.5 to the Health and Safety Code, and to add Section 1463.29 to the Penal Code, relating to traffic offenses end delete begin insert relating to the Roman Reed Spinal Cord Injury Research Fund end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 714, as amended, Wieckowski. begin delete Traffic offenses: additional penalty: spinal cord injury research. end delete begin insert Roman Reed Spinal Cord Injury Research Fund. end insert

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Existing law, the Roman Reed Spinal Cord Injury Research Act of 1999, authorizes the University of California to establish a spinal cord injury research fund, independent of the State Treasury, to accept public and private funds for purposes of spinal cord injury research, as specified.

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This bill would appropriate $2,000,000 from the General Fund to the spinal cord injury research fund authorized by the act.

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Existing law requires that all fines and forfeitures imposed and collected for crimes other than parking offenses resulting from a filing in a court be deposited with the county treasurer, to be distributed monthly, as required by law. Existing law authorizes the University of California to establish a spinal cord injury research fund, independent of the State Treasury, to accept public and private funds for spinal cord injury research programs and grants.

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This bill would impose an additional penalty of $1 to be imposed upon every conviction for a violation of state or local traffic laws, except for offenses relating to parking. The bill would require the penalty to be deposited with the county treasurer who would, on a semiannual basis, transfer the moneys to the State Treasury for deposit into the Roman Reed Spinal Cord Injury Penalty Fund, which the bill would establish. Because the bill would require the county treasurer to perform additional duties, this bill would impose a state-mandated local program. The bill would also provide that, prior to the transfer of funds to the State Treasury, the county treasurer is required to withhold a sufficient amount necessary to reimburse the county and the courts for their actual, reasonable, and necessary costs associated with administering these provisions. If those amounts are withheld, the bill would authorize the county to send an accounting report detailing its costs to the Regents of the University of California.

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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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation:  begin delete no end delete begin insert yes end insert . Fiscal committee: yes. State-mandated local program:  begin delete yes end delete begin insert no end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert There is hereby appropriated from the General
Fund to the spinal cord injury research fund authorized by the
Roman Reed Spinal Cord Injury Research Act of 1999 the amount
of two million dollars ($2,000,000). end insert

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SECTION 1.  

Section 104338.5 is added to the Health and
Safety Code, to read:

104338.5.  

The Roman Reed Spinal Cord Injury Research
Penalty Fund is hereby established in the State Treasury to receive
moneys pursuant to subdivision (b) of Section 1463.29 of the Penal
Code. Moneys in the fund shall, upon appropriation by the
Legislature, be expended by the Regents of the University of
California for the purposes of implementing this chapter.

SEC. 2.  

Section 1463.29 is added to the Penal Code, to read:

1463.29.  

(a) Subject to subdivision (b), an additional penalty
in an amount equal to one dollar ($1) shall be imposed upon every
conviction for a violation of any provision of Division 11
(commencing with Section 21000) of the Vehicle Code, or a
violation of any local ordinance adopted pursuant to the Vehicle
Code, except offenses relating to parking as defined in subdivision
(i) of Section 1463.

(b) Penalties imposed and collected pursuant to this section shall
be deposited with the county treasurer who shall transfer the
moneys on March 15 and October 15 of each year to the State
Treasury for deposit in the Roman Reed Spinal Cord Injury
Research Penalty Fund established pursuant to Section 104338.5
of the Health and Safety Code. Prior to the transfer of funds to the
State Treasury, the county treasurer shall withhold a sufficient
amount necessary to reimburse the county and the courts for their
actual, reasonable, and necessary costs associated with
administering this section. To the extent moneys are withheld by
the county treasurer, an accounting report detailing these costs
may be sent by the county to the Regents of the University of
California.

SEC. 3.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.

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