BILL NUMBER: AB 1657 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 14, 2012
AMENDED IN ASSEMBLY MARCH 22, 2012
INTRODUCED BY Assembly Member Wieckowski
FEBRUARY 13, 2012
An act to amend Section 104336 of add
Section 104338.5 to 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 $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
Treasurer, to be make available, upon appropriation by the
Legislature, for allocation to Treasury for deposit
into the Roman Reed Spinal Cord Injury Penalty Account
fund , 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 State
Treasurer, the county treasurer may 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.
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: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
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.
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.
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 and who
shall transfer the moneys on March 15 and October 15 of each
year to the State Treasurer, to be made available upon
appropriation by the Legislature, for allocation to
Treasury for deposit in the 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) Fund established
pursuant to Section 104338.5 of the Health and Safety Code .
Prior to the transfer of funds to the State Treasurer, the county
treasurer may 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.