BILL NUMBER: SB 57	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 7, 2005
	PASSED THE ASSEMBLY  AUGUST 30, 2005
	AMENDED IN ASSEMBLY  AUGUST 25, 2005
	AMENDED IN ASSEMBLY  JULY 12, 2005
	AMENDED IN SENATE  MAY 27, 2005
	AMENDED IN SENATE  MAY 23, 2005
	AMENDED IN SENATE  MAY 18, 2005
	AMENDED IN SENATE  APRIL 25, 2005

INTRODUCED BY   Senator Alarcon
   (Coauthor: Senator Soto)
   (Coauthors: Assembly Members Cohn, Dymally, Koretz, Levine, and
Ridley-Thomas)

                        JANUARY 12, 2005

   An act to add and repeal Section 76000.5 of the Government Code,
and to amend Section 1797.98a of the Health and Safety Code, relating
to county penalties.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 57, Alarcon  Fines and forfeitures.
   Existing law establishes an additional penalty to be assessed by
each county on fines, penalties, and forfeitures imposed for criminal
offenses and parking penalties, to be used for local courthouse
construction, criminal justice facilities construction, automatic
fingerprint identification funding, forensic laboratory funding,
emergency medical services funding, and DNA identification funding,
as specified for each county.
   This bill would provide that until January 1, 2009, a county board
of supervisors may elect to levy an additional penalty in the amount
of $2 for every $10, upon fines, penalties, and forfeitures
collected for criminal offenses, as specified. This bill would
require 15% of the funds collected pursuant to these provisions to be
expended for pediatric trauma centers and would require use of these
funds, not to exceed 10%, for administrative costs.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 76000.5 is added to the Government Code, to
read:
   76000.5.  (a) For purposes of supporting emergency medical
services pursuant to Chapter 2.5 (commencing with Section 1797.98a)
of Division 2.5 of the Health and Safety Code, in addition to the
penalties set forth in Section 76000, the county board of supervisors
may elect to levy an additional penalty of two dollars ($2) for
every ten dollars ($10) or fraction thereof, which shall be collected
together with and in the same manner as the amounts established by
Section 1464 of the Penal Code, upon every fine, penalty, or
forfeiture imposed and collected by the courts for criminal offenses,
including violations of Division 9 (commencing with Section 23000)
of the Business and Professions Code relating to the control of
alcoholic beverages, and all offenses involving a violation of the
Vehicle Code or any local ordinance adopted pursuant to the Vehicle
Code, except parking offenses subject to Article 3 (commencing with
Section 40200) of Chapter 1 of Division 17 of the Vehicle Code.
   (b) Money collected pursuant to subdivision (a) shall be taken
from fines and forfeitures deposited with the county treasurer prior
to any division pursuant to Section 1463 of the Penal Code.
   (c) Funds collected pursuant to this section shall be deposited
into the Maddy Emergency Medical Services (EMS) Fund established
pursuant to Section 1797.98a of the Health and Safety Code.
   (d)  This section shall remain in effect only until January 1,
2009, and as of that date is repealed, unless a later enacted
statute, that is chaptered before January 1, 2009, deletes or extends
that date.
  SEC. 2.  Section 1797.98a of the Health and Safety Code is amended
to read:
   1797.98a.  (a)  The fund provided for in this chapter shall be
known as the Maddy Emergency Medical Services (EMS) Fund.
   (b) (1)  Each county may establish an emergency medical services
fund, upon adoption of a resolution by the board of supervisors. The
moneys in the fund shall be available for the reimbursements required
by this chapter. The fund shall be administered by each county,
except that a county electing to have the state administer its
medically indigent services program may also elect to have its
emergency medical services fund administered by the state.
   (2) Costs of administering the fund shall be reimbursed by the
fund, up to 10 percent of the amount of the fund.
   (3) All interest earned on moneys in the fund shall be deposited
in the fund for disbursement as specified in this section.
   (4) Each administering agency may maintain a reserve of up to 15
percent of the amount in the portions of the fund reimbursable to
physicians and surgeons, pursuant to subparagraph (A) of, and to
hospitals, pursuant to subparagraph (B) of, paragraph (5). Each
administering agency may maintain a reserve of any amount in the
portion of the fund that is distributed for other emergency medical
services purposes as determined by each county, pursuant to
subparagraph (C) of paragraph (5).
   (5) The amount in the fund, reduced by the amount for
administration and the reserve, shall be utilized to reimburse
physicians and surgeons and hospitals for patients who do not make
payment for emergency medical services and for other emergency
medical services purposes as determined by each county according to
the following schedule:
   (A) Fifty-eight percent of the balance of the fund shall be
distributed to physicians and surgeons for emergency services
provided by all physicians and surgeons, except those physicians and
surgeons employed by county hospitals, in general acute care
hospitals that provide basic or comprehensive emergency services up
to the time the patient is stabilized.
   (B) Twenty-five percent of the fund shall be distributed only to
hospitals providing disproportionate trauma and emergency medical
care services.
   (C) Seventeen percent of the fund shall be distributed for other
emergency medical services purposes as determined by each county,
including, but not limited to, the funding of regional poison control
centers. Funding may be used for purchasing equipment and for
capital projects only to the extent that these expenditures support
the provision of emergency services and are consistent with the
intent of this chapter.
   (c) The source of the moneys in the fund shall be the penalty
assessment made for this purpose, as provided in Section 76000 of the
Government Code.
   (d) Any physician and surgeon may be reimbursed for up to 50
percent of the amount claimed pursuant to subdivision (a) of Section
1797.98c for the initial cycle of reimbursements made by the
administering agency in a given year, pursuant to Section 1797.98e.
All funds remaining at the end of the fiscal year in excess of any
reserve held and rolled over to the next year pursuant to paragraph
(4) of subdivision (b) shall be distributed proportionally, based on
the dollar amount of claims submitted and paid to all physicians and
surgeons who submitted qualifying claims during that year.
   (e) Of the money deposited into the fund pursuant to Section
76000.5 of the Government Code, 15 percent shall be utilized to
provide funding for all pediatric trauma centers throughout the
county, both publicly and privately owned and operated. Expenditure
of money shall be limited to reimbursement to physicians and
surgeons, and hospitals for patients who do not make payment for
services, or to hospitals for expanding the services provided at
pediatric trauma centers, including the purchase of equipment.
Counties that do not maintain a pediatric trauma center shall utilize
the money deposited into the fund pursuant to Section 76000.5 of the
Government Code to improve access to pediatric trauma and emergency
services in the county, with preference for funding given to
hospitals that specialize in services to children, and physicians and
surgeons who provide care for children. Funds spent for the purposes
of this section, shall be known as Richie's Fund. This subdivision
shall remain in effect only until January 1, 2009, and shall have no
force or effect on or after that date, unless a later enacted
statute, that is chaptered before January 1, 2009, deletes or extends
that date.
   (f) Costs of administering money deposited into the fund pursuant
to Section 76000.5 of the Government Code shall be reimbursed from
the money collected, not to exceed 10 percent. This subdivision shall
remain in effect only until January 1, 2009, and shall have no force
or effect on or after that date, unless a later enacted statute,
that is chaptered before January 1, 2009, deletes or extends that
date.