BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                    SB 57|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 445-6614         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                                 THIRD READING


          Bill No:  SB 57
          Author:   Alarcon (D), et al
          Amended:  5/27/05
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  4-1, 5/3/05
          AYES:  Alquist, Cedillo, Migden, Perata
          NOES:  Poochigian
          NO VOTE RECORDED: Margett, Romero

           SENATE APPROPRIATIONS COMMITTEE  :  8-5, 5/26/05
          AYES:  Migden, Alarcon, Alquist, Escutia, Florez, Murray,  
            Ortiz, Romero
          NOES:  Aanestad, Ashburn, Battin, Dutton, Poochigian


           SUBJECT  :    Fines and forfeitures

           SOURCE  :     American College of Emergency Physicians


           DIGEST  :    This bill amends the Maddy Emergency Medical  
          Services Fund to earmark funds for pediatric trauma  
          centers, as specified.

           ANALYSIS  :    Existing law authorizes a county to establish  
          a Maddy Emergency Medical Services Fund (EMS Fund) to be  
          used to reimburse physicians 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.  Existing law requires each county  
          establishing the fund to report to the Legislature annually  
                                                           CONTINUED





                                                                 SB 57
                                                                Page  
          2

          on the implementation and status of the fund.  (Health and  
          Safety Code Section 1797.98a  et seq  .; Government Code  
          Section 76104.)

          This bill amends the Maddy Emergency Medical Services Fund  
          to provide that of the money deposited into the EMS Fund  
          pursuant to this bill, 15 percent shall be utilized to  
          provide funding for pediatric trauma centers.

          The bill requires that funds collected under the provisions  
          of this bill be deposited into the Maddy Emergency Medical  
          Services Fund, as specified.

          This bill further provides that expenditure of money  
          deposited in a Maddy Fund pursuant to this bill shall be  
          limited to reimbursement to physicians and surgeons, and  
          hospitals for patients who do not make payment for  
          services, or for expanding the services provided at  
          pediatric trauma centers, including the purchase of  
          equipment.

          This bill provides that the costs of administering money  
          deposited in a Maddy Fund under this bill should not exceed  
          ten percent.

          FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

                          Fiscal Impact (in thousands)

           Major Provisions                        2005-06           
           2006-07          2007-08         Fund  

          Assessments                            Potentially  
          significant revenues;         Special*

          Court programming costs        $184**                        
                                   Special*
          (first assessment)

          Court programming costs         Up to $1,425**               
                              Special*
          (second assessment)








                                                                 SB 57
                                                                Page  
          3

          Manual processing (statewide)  $180           $180           
              $180         Special*

          Manual notices (Fresno)            $150***      $300***      
            $300***   Special*
          ________________
          Maddy Emergency Medical Services Fund; 15% of total slated  
          for counties' pediatric trauma units
          **Based on number of counties that participate; cost of  
          $25,000 per county
          ***If Fresno County elects to assess $2 additional  
          assessment on specific offenses.

           SUPPORT  :   (Verified  5/31/05)

          CAL/ACEP American College of Emergency Physicians (source)
          Lt. Governor Cruz M. Bustamante
          California Advocates for Nursing Home Reform
          California Ambulance Association
          California Hospital Association
          California Nurses Association
          California Professional Firefighters
          County Health Executives Association of California
          El Proyecto del Barrio
          Emergency Medical Services Administration Assoc. of  
          California
          Los Angeles Free Clinic
          New Horizons
          Pacifica Hospital of the Valley
          St. Mary Medical Center
          University of California 

           OPPOSITION  :    (Verified  5/31/05)

          California Attorneys for Criminal Justice
          California Conference Board of the Amalgamated Transit  
          Union
          California Conference of Machinists
          California Public Defenders Assoc.
          Commission on Peace Officer Standards and Training
          Coalition of Trial Court Clerk Associations
          California Teamsters Public Affairs Council 
          Judicial Council of California
          Regional Council of Rural Counties







                                                                 SB 57
                                                                Page  
          4

          California Teamsters

           ARGUMENTS IN SUPPORT  :    

          According to the author's office, this bill seeks to  
          increase revenues to the local Emergency Medical Services  
          Funds (Maddy Funds) and establish Pediatric Trauma Dollars  
          for reimbursements and expansion of services.  This bill  
          increases funding for Emergency and Trauma Care by $60-$100  
          million per year, but more importantly, this increase will  
          help the states economy by helping protect the existence of  
          businesses and jobs that currently offer emergency and  
          trauma care throughout California.  This bill allows  
          counties to increase the average total fine of $320 per  
          violation by $20-$40 dollars.  These additional funds will  
          also be instrumental in maintaining the financial stability  
          of the emergency and trauma centers, decreasing the  
          diversion time and patient wait time, and improving  
          services overall.

           ARGUMENTS IN OPPOSITION  :    The California Teamsters argue  
          that, "While the goal of ensuring greater funding levels  
          for pediatric trauma units is laudable, the approach  
          envisioned under this bill is not the right one.  The  
          rampant enactment of penalty assessments has created a  
          system in California where the average citizen has no way  
          of knowing the actual total fee he will be paying when he  
          violates specified provisions of the vehicle code.  The  
          situation has gotten so bad that in many instances  
          assessments can total between 300-350 percent of the base  
          violation fine.  The assessment system goes against  
          fundamental truth in government principles, and unfairly  
          impacts the working men and women of this state who must  
          transport themselves too and from work, or who use their  
          vehicles for work.  Further, assessments have gotten so  
          high that the average person in this state can not afford  
          to pay them.  These assessments are not working as a  
          deterrent, but rather are working as a disproportionately  
          applied funding stream for local governments."


          RJG:do  5/27/05   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE







                                                                 SB 57
                                                                Page  
          5


                                ****  END  ****