BILL NUMBER: AB 1657 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 22, 2012
INTRODUCED BY Assembly Member Wieckowski
FEBRUARY 13, 2012
An act to amend Section 104336 of the Health and Safety Code,
and to add Section 1463.29 to the Penal Code, relating to
traffic offenses.
LEGISLATIVE COUNSEL'S DIGEST
AB 1657, as amended, Wieckowski. Traffic offenses: additional
penalty: spinal cord injury research.
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.
This bill would impose an additional penalty of $3
$1 to be imposed upon every conviction for a
violation of state or local traffic laws , as specified
, except for offenses relating to parking. The bill would
require the penalty to be deposited with the county treasurer
and distributed each month for transfer who
would transfer the moneys to the State Treasurer, to be make
available, upon appropriation by the Legislature, for allocation
to the spinal cord injury research fund created within
the University of California Roman Reed Spinal Cord
Injury Penalty Account, which the bill would authorize the University
of California to establish in the Roman Reed Spinal Cord Injury
Research Fund. 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 spinal cord
injury research fund State Treasurer , the
county treasurer may 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.
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 no reimbursement is required by this
act for a specified reason.
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 104336 of the Health
and Safety Code is amended to read:
104336. (a) The University of California
may establish a spinal cord injury research fund, independent of the
State Treasury, to accept public and private funds for the purpose of
implementing this chapter.
(b) The University of California may create within the Roman Reed
Spinal Cord Injury Research Fund, established pursuant to subdivision
(a), the Roman Reed Spinal Cord Injury Research Penalty Account to
receive allocations pursuant to subdivision (b) of Section 1463.29 of
the Penal Code.
SECTION 1. 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 three dollars ($3) 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) The additional penalty imposed pursuant to this section shall
only be imposed or collected within a county or city and county if
the county board of supervisors adopts an ordinance that expressly
provides that the additional penalty imposed pursuant to subdivision
(a) shall be imposed for offenses committed within the jurisdiction
of that county or city and county.
(c)
(b) Penalties imposed and collected pursuant
to this section shall be deposited with the county treasurer and
distributed each month in accordance with Section 1463.001
for transfer who shall transfer the moneys to the
State Treasurer, to be made available upon appropriation by the
Legislature, for allocation to the spinal cord
injury research fund Roman Reed Spinal Cord Injury
Research Penalty Account within the Roman Reed Spinal Cord
Injury Research Fund created within the
University of California pursuant to the Roman Reed Spinal Cord
Injury Research Act of 1999 (Chapter 2 (commencing with Section
104335) of Part 2 of Division 103 of the Health and Safety Code).
Prior to the transfer of funds to the spinal cord injury
research fund State Treasurer , the county
treasurer may 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.