BILL ANALYSIS
SB 57
Page 1
Date of Hearing: July 5, 2005
Counsel: Heather Hopkins
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Mark Leno, Chair
SB 57 (Alarcon) - As Amended: May 27, 2005
SUMMARY : Allows a county board of supervisors to impose an
additional penalty of 20% on every fine or penalty imposed for
criminal offenses and Vehicle Code violations. Specifically,
this bill :
1)Permits, for purposes of supporting emergency medical
services, as specified, a county board of supervisors to elect
to levy an additional penalty of $2 for every $10 or fraction
thereof, which is to be collected together with and in the
same manner as existing assessments, as specified, upon every
fine, penalty, or forfeiture imposed and collected by the
courts for criminal offenses, including specified violations
of the Business and Professions Code relating to the control
of alcoholic beverages, Vehicle Code violations, and local
ordinances adopted pursuant to the Vehicle Code except parking
offenses, as specified.
2)Requires that the moneys collected be taken from fines and
forfeitures and deposited with the county treasurer prior to
other specified assessments.
3)Requires that the funds collected be deposited into the Maddy
Emergency Medical Services (EMS) Fund, as specified.
4)Requires 15% of the money deposited in the Maddy EMS Fund
pursuant to the provisions of this bill be utilized to provide
funding for pediatric trauma centers. Limits expenditure of
this money to reimbursement to physicians and surgeons,
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.
5)Requires counties that do not maintain pediatric trauma
centers to utilize the money deposited into the Maddy EMS Fund
to reimburse physicians and surgeons and hospitals for
SB 57
Page 2
patients who do not make payment for EMS and for other EMS
purposes as determined by the county according to a specified
schedule. Permits funding to be used for administrative
costs, as specified.
6)Requires costs of administering money deposited into the Maddy
EMS Fund to be reimbursed from the money collected, not to
exceed 10%.
EXISTING LAW :
1)Provides for an additional "state penalty" of $10 for every
$10 or fraction thereof levied upon every fine, penalty or
forfeiture imposed and collected by the courts for criminal
offenses including all offenses, except parking offenses,
involving the Vehicle Code. The money collected from the
penalty is distributed in specified percentages among: the
Fish and Game Preservation Fund; the Restitution Fund; the
Peace Officers Training Fund; the Driver Training Penalty
Assessment Fund; the Corrections Training Fund; the Local
Public Prosecutors and Public Defenders Fund; the
Victim-Witness Assistance Fund; and the Traumatic Brain Injury
Fund. (Penal Code Section 1464.)
2)Provides that in each county there shall be an additional
penalty of $7 for every $10 thereof upon every fine, penalty,
or forfeiture imposed and collected by the courts for criminal
offenses, including all offenses involving a violation of the
Vehicle Code or any local ordinance adopted pursuant to the
Vehicle Code except parking offenses. The money collected
shall be placed in any of the following funds if established
by a county board of supervisors: Courthouse Construction
Fund, Criminal Justice Facilities Construction Fund, Automated
Fingerprint Identification Fund, EMS Fund, or DNA
Identification Fund. (Government Code Section 76000.)
3)Imposes a state surcharge of 20% on every base fine collected
by the court. All money collected shall be deposited in the
General Fund. (Penal Code Section 1465.7.)
4)Establishes a state court construction penalty assessment in
an amount up to $5 for every $10 or fraction thereof, upon
every fine, penalty, or forfeiture imposed and collected by
the courts for criminal offenses. The variation in the amount
is dependant on the amount collected by the county for deposit
SB 57
Page 3
into the local Courthouse Construction Fund established
pursuant to Government Code Section 76100. As a result, the
penalty assessment ranges from $0.00 for every $10 in two
counties to the full $5 for every $10 in nine counties. This
provision took effect on January 1, 2003. (Government Code
Section 70372.)
5)Provides for a flat fee of $20 on every conviction for a
criminal offense to ensure adequate funding for court
security. (Penal Code Section 1465.8.)
6)Levies a $1 penalty assessment on every $10 in fines and
forfeitures resulting from criminal and traffic offenses and
dedicates these revenues to state and local governments for
Proposition 69, DNA Databank, implementation purposes.
(Government Code Section 76104.6.)
7)Authorizes a county to establish a Maddy 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. Requires each county establishing the fund to report
to the Legislature annually on the implementation and status
of the fund. (Health and Safety Code Section 1797.98a et
seq.; Government Code Section 76104.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Many hospitals
throughout California suffer from funding shortages. As a
result, hospitals are not prepared to adequately serve the
patients in their area and are often forced to close their
doors. Many of these hospitals offer trauma care services
essential to saving the lives of many patients who without
them would have no choice but to go elsewhere for services.
Currently, trauma care centers face a $635 million dollar
shortfall; this bill seeks to generate funding to help
alleviate this problem."
2)Existing Penalty Assessments : Under current law, penalty
assessments applied to every fine are up to 250% plus $20.
The penalty assessments have been increasing over time, from
50% in 1983 to 250% today. The existing penalty assessments
SB 57
Page 4
are as follows:
a) State Penalty Assessment - 100% : Existing law provides
for an additional "state penalty" of $10 for every $10 or
fraction thereof, upon every fine, penalty or forfeiture
imposed and collected by the courts for criminal offenses
including all offenses, except parking offenses, involving
the Vehicle Code. Of the money collected, 70% is
transmitted to the state and 30% remains with the county.
The state portion of the money collected from the penalty
is distributed in specified percentages among: the Fish
and Game Preservation Fund (0.33%); the Restitution Fund
(32.02%); the Peace Officers Training Fund (23.99%); the
Driver Training Penalty Assessment Fund (25.70%); the
Corrections Training Fund (7.88%); the Local Public
Prosecutors and Public Defenders Fund (0.78%, not to exceed
$850,000 per year); the Victim-Witness Assistance Fund
(8.64%); and the Traumatic Brain Injury Fund (0.66%).
(Penal Code Section 1464.)
b) County Penalty Assessment - 70% : Existing law provides
for an additional county penalty assessment of $7 for every
$10 or fraction thereof, upon every fine, penalty, or
forfeiture imposed and collected by the courts for criminal
offenses, including all offenses involving a violation of
the Vehicle Code or any local ordinance adopted pursuant to
the Vehicle Code except parking offenses. The money
collected shall be placed in any of the following funds if
established by a county board of supervisors: Courthouse
Construction Fund, Criminal Justice Facilities Construction
Fund, Automated Fingerprint Identification Fund, EMS Fund,
or DNA Identification Fund. (Government Code Section 76000
et seq.)
c) State Surcharge - 20% : As a part of the 2002-03 Budget
Act, the Legislature imposed a temporary state surcharge of
20% on every base fine collected by the court. The
surcharge took effect on September 30, 2002 and all money
collected shall be deposited in the General Fund. (Penal
Code Section 1465.7.)
d) State Court Facilities Construction - 50%: Two years
ago, as a part of the Trial Court Facilities Act of 2002
[SB 1732 (Escutia), Chapter 1022, Statutes of 2002], the
Legislature established the "State Court Facilities
SB 57
Page 5
Construction Fund" and added a state court construction
penalty assessment in an amount up to $5 for every $10 or
fraction thereof upon every fine, penalty, or forfeiture
imposed and collected by the courts for criminal offenses.
The variation in the amount is dependant on the amount
collected by the county for deposit into the local
Courthouse Construction Fund established pursuant to
Government Code Section 76100. As a result, the penalty
assessment ranges from $0.00 for every $10 in two counties
to the full $5 for every $10 in nine counties. This
provision took effect on January 1, 2003. (Government Code
Section 70372.)
e) Court Security - $20 : Finally, as part of the 2003-04
Budget, the Legislature approved a flat fee of $20 on every
conviction for a criminal offense to ensure adequate
funding for court security. This provision took effect
immediately. (Penal Code Section 1465.8.)
f) Proposition 69 (November 2004) - 10% : Proposition 69
levies a $1 penalty assessment on every $10 in fines and
forfeitures resulting from criminal and traffic offenses
and dedicates these revenues to state and local governments
for implementation purposes - the state will receive 70% of
these funds in the first two years, 50% in the third year
and 25% annually thereafter. The remainder will go to
local governments. (Government Code Section 76104.6.)
3)Additional Penalty Assessments of 20% Proposed By This Bill :
In addition to the above penalty assessment, a county board of
supervisors may also elect to levy an additional penalty of $2
for every $10 on all criminal offenses, included specified
Business and Professions Code relating to control of alcoholic
beverages and all Vehicle Code offenses, except specified
parking offenses. The provisions of this bill would lead to a
total of 270% penalty assessments. That would mean that a
$1,000, which under current law's penalty assessments is
$3,520, would increase to $3,720 under the provisions of this
bill.
4)California's Trauma Care : In September 2002, California
Healthcare Foundation published a report on California's
trauma care system. That report stated the following, "In
recent years, California's system of 46 trauma centers
increasingly has been reported as being in financial jeopardy.
SB 57
Page 6
In October 2000, five of Los Angeles County's 10 private
trauma enters were threatened with closure due to financial
hardship, prompting the Los Angeles County Board of
Supervisors to allocate $8.5 million in emergency funds to
prevent any centers from shitting their doors. In July 2002,
faced with continuing fiscal crises in their trauma care
system, the Los Angeles County Supervisors voted to place a
$175 million ballot measure before the voters to help fund the
county's trauma care centers and emergency departments."
While California trauma centers may well need additional monies,
the question remains as to if increasing penalty assessments
yet again is the best way to raise revenue for trauma centers
across California.
5)Arguments in Support : According to the University of
California, "Existing law allows counties to establish and
distribute emergency medical services funds to hospitals.
Generally, these payments are distributed to providers through
each county's EMS Fund. Currently, these funds are
insufficient to cover the costs of providing emergency medical
services and trauma services to medically indigent, uninsured,
and underinsured Californians. By providing counties with the
option of raising additional funds to reimburse hospitals for
costs associated with providing emergency medical services,
this bill will be instrumental in maintaining the financial
stability of hospitals that are critical to California's
health care system."
6)Arguments in Opposition : According to the Judicial Council of
California, "The new penalty assessments authorized by this
bill will impose significant burdens on court administration.
In counties that adopt the assessments, courts will be forced
to reprogram their case management systems (CMS) to perform
the new fine calculations. Unfortunately, some of the older
CMS systems used by courts are not even capable of the
reprogram that would be necessary to collect that assessments
provided for in the bill. Courts utilizing these older CMS
will either have to perform the new fine calculations by hand
or completely abandon their systems. In either circumstance,
courts will incur substantial costs in their efforts to
comply."
REGISTERED SUPPORT / OPPOSITION :
SB 57
Page 7
Support
American College of Emergency Physicians, State Chapter of
California, Inc.
California Advocates for Nursing Home Reform
California Ambulance Association
California Hospital Association
California Nurses Association
California Professional Firefighters
County Health Executives Association of California
County of Los Angeles
El Proyecto del Barrio
Emergency Medical Services Administrators Association of
California
Lieutenant Governor Cruz M. Bustamante
Los Angeles County Board of Supervisors
New Horizons
Pacifica Hospital of the Valley
St. Mary Medical Center
The Los Angeles Free Clinic
Trauma Managers Association of California
University of California
Opposition
California Teamsters Public Affairs Council
California Conference of Machinists
California Conference Board of the Amalgamated Transit Union
Judicial Council of California
California State Automobile Association
Automobile Club of Southern California
Coalition of Trial Court Clerk Associations
Commission on Peace Officer Standards and Training
California Attorneys for Criminal Justice
California Public Defenders Association
One private citizen
Analysis Prepared by : Heather Hopkins / PUB. S. / (916)
319-3744