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AB-3135 Traffic safety: state funding.(2017-2018)

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Date Published: 06/11/2018 09:00 PM
AB3135:v97#DOCUMENT

Amended  IN  Senate  June 11, 2018
Amended  IN  Assembly  March 22, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 3135


Introduced by Assembly Member Frazier

February 16, 2018


An act to add Section 185046 to the Public Utilities Code, relating to high-speed rail. 13312 to the Government Code, and to add Section 42272.1 to the Vehicle Code, relating to streets and highways.


LEGISLATIVE COUNSEL'S DIGEST


AB 3135, as amended, Frazier. High-Speed Rail Authority: rights-of-way: security: Department of the California Highway Patrol. Traffic safety: state funding.
(1) The California Constitution requires the Governor to submit a budget for the ensuing fiscal year to the Legislature within the first 10 days of each regular session. Existing law requires that budget to contain a complete plan and itemized statement of all proposed expenditures of the state provided by existing law or recommended by the Governor, and of all estimated revenues, as specified. Existing law creates the Department of Finance and provides that the department has general powers of supervision over all matters concerning the financial and business policies of the state.
Existing law establishes the Department of the California Highway Patrol to enforce all laws regulating the operation of vehicles and the use of the highways.
This bill would require the Department of Finance to calculate the ratio of the number of officer positions at the Department of the California Highway Patrol authorized in the annual budget act to the state population for each fiscal year beginning in the 2007–08 fiscal year to the 2017–18 fiscal year, inclusive, to determine the highest ratio. The bill would require the annual budget proposed by the Governor, for each fiscal year following the enactment of this bill, to include the level of funding and position authority necessary for the Department of the California Highway Patrol to meet or exceed the highest ratio. The bill would require the Department of Finance, if the ratio of the officer positions authorized in the annual budget act to the state population does not meet or exceed the highest ratio, to adjust the funding and position authority in the Governor’s proposed budget to come into compliance within 3 fiscal years.
(2) The California Constitution restricts the expenditure of revenues from taxes imposed by the state on fuels used in motor vehicles upon public streets and highways to street and highway and certain mass transit purposes, and restricts the expenditure of revenues from fees and taxes imposed by the state on vehicles or their use or operation to state administration and enforcement of laws regulating the use, operation, or registration of vehicles used on the public streets and highways, including the enforcement of traffic and vehicle laws by state agencies and the mitigation of the environmental effects of motor vehicle operation due to air and sound emissions, as well as to street and highway and certain mass transit purposes.
Existing law imposes certain registration fees on vehicles, with revenues from these fees deposited into the Motor Vehicle Account and used, among other things, to fund the Department of Motor Vehicles and the Department of the California Highway Patrol. Existing law provides for the monthly transfer of excess balances in the Motor Vehicle Account to the State Highway Account.
This bill would establish as a first priority the use of motor vehicle revenues deposited into the Motor Vehicle Account for the state administration and enforcement of laws regulating the use, operation, or registration of vehicles used on the public streets and highways of this state, including the enforcement of traffic and vehicle laws by state agencies. The bill would provide that any remaining balance in the Motor Vehicle Account, after fulfilling the first-priority responsibilities, may be used for other authorized purposes under the California Constitution.

Existing law, the California High-Speed Rail Act, creates the High-Speed Rail Authority to develop and implement a high-speed rail system in the state, with specified powers and duties, including the power to acquire rights-of-way through purchase or eminent domain.

Existing law establishes the Department of the California Highway Patrol to enforce all laws regulating the operation of vehicles and the use of the highways. Existing law also provides that the Department of the California Highway Patrol has jurisdiction over those matters related to the security of state officers, property, and occupants of state property.

This bill would authorize the High-Speed Rail Authority to contract with the Department of the California Highway Patrol to provide any necessary security services for property acquired by the state as a right-of-way for high-speed rail purposes.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) Since 2010, California’s population has increased 8 percent, while registered vehicles and licensed drivers in the state have increased over 11 percent. Meanwhile, the number of officers of the Department of the California Highway Patrol enforcing traffic laws on our highways has decreased 5 percent.
(b) In that same time, the number of crashes on the state highway system has increased 29 percent, and the fatality rate per mile driven has increased 27 percent.
(c) Studies show that, in the absence of enforcement, drivers are less likely to follow the law and maintain safe traveling behaviors.
(d) It is clear that the presence of law enforcement on our highways deters unsafe driving. For too long, it has been too easy for reckless drivers to speed, drive while impaired or distracted, or make other unsafe choices.
(e) The Legislature is ultimately responsible for dedicating the necessary state resources to the administration of programs that ensure the safety and security of all Californians.
(f) Over 80 years ago, California voters approved an initiative amending the California State Constitution to guarantee that the state uses vehicle registration and license fees for either the administration and enforcement of all laws related to the use of public roads or the construction of those roads.

SEC. 2.

 Section 13312 is added to the Government Code, to read:

13312.
 (a) The Department of Finance shall calculate the ratio of the number of officer positions at the Department of the California Highway Patrol authorized in the annual budget act to the state population for each fiscal year beginning in the 2007–08 fiscal year to the 2017–18 fiscal year, inclusive, to determine the highest ratio.
(b) For each fiscal year following the enactment of this section, the annual budget proposed by the Governor shall include the level of funding and position authority necessary for the Department of the California Highway Patrol to meet or exceed the highest ratio, as determined pursuant to subdivision (a).
(c) If, upon enactment of this section, the ratio of the officer positions authorized in the annual budget act to the state population does not comply with subdivision (b), the Department of Finance shall adjust the funding and position authority of the Department of the California Highway Patrol in the Governor’s proposed budget to come into compliance with subdivision (b) within three fiscal years.

SEC. 3.

 Section 42272.1 is added to the Vehicle Code, to read:

42272.1.
 (a) Notwithstanding any other law, revenues deposited into the Motor Vehicle Account derived from fees and taxes imposed by the state upon vehicles or their use or operation, over and above the costs of collection and any refunds authorized by law, shall be used first for the state administration and enforcement of laws regulating the use, operation, or registration of vehicles used on the public streets and highways of this state, including the enforcement of traffic and vehicle laws by state agencies.
(b) Any remaining balance in the Motor Vehicle Account after fulfilling the responsibilities of subdivision (a) may be used for other purposes as permitted by Article XIX of the California Constitution.

SECTION 1.Section 185046 is added to the Public Utilities Code, to read:
185046.

The authority may contract with the Department of the California Highway Patrol to provide any necessary security services for property acquired by the state as a right-of-way for high-speed rail purposes.