BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 57| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ UNFINISHED BUSINESS Bill No: SB 57 Author: Alarcon (D), et al Amended: 8/25/05 in Assembly 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 SENATE FLOOR : 24-13, 6/1/05 AYES: Alarcon, Alquist, Bowen, Cedillo, Chesbro, Ducheny, Escutia, Figueroa, Florez, Kehoe, Kuehl, Lowenthal, Machado, Maldonado, Migden, Ortiz, Perata, Romero, Scott, Simitian, Soto, Speier, Torlakson, Vincent NOES: Aanestad, Ackerman, Ashburn, Battin, Campbell, Cox, Denham, Dutton, Hollingsworth, Margett, McClintock, Morrow, Poochigian NO VOTE RECORDED: Dunn, Murray, Runner ASSEMBLY FLOOR : 42-35, 8/30/05 - See last page for vote SUBJECT : Fines and forfeitures SOURCE : American College of Emergency Physicians CONTINUED SB 57 Page 2 DIGEST : This bill amends the Maddy Emergency Medical Services Fund to earmark funds for pediatric trauma centers, as specified. Assembly amendments : 1) Added a January 1, 2009 sunset date; 2) added language that the fund is for "all" pediatric trauma center "throughout the county, both publicly and privately owned and operated"; 3) added co-authors. 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 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. The bill specifies that 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 SB 57 Page 3 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 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 the Pediatric Care Allocation. This bill provides that the costs of administering money deposited in a Maddy Fund under this bill should not exceed ten percent. The provisions of this bill sunset on January 1, 2009. 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) Manual processing (statewide) $180 $180 $180 Special* Manual notices (Fresno) $150*** $300*** $300*** Special* ________________ SB 57 Page 4 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. The provisions of this bill sunset on January 1, 2009. SUPPORT : (Verified 8/31/05) CAL/ACEP American College of Emergency Physicians (source) City of Los Angeles 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 8/31/05) 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 California Teamsters ARGUMENTS IN SUPPORT : According to the author's office, SB 57 Page 5 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." ASSEMBLY FLOOR : AYES: Baca, Bass, Berg, Bermudez, Calderon, Chan, Chavez, Chu, Cohn, Coto, De La Torre, Dymally, Emmerson, Evans, Frommer, Hancock, Jerome Horton, Jones, Karnette, Klehs, Koretz, Laird, Leno, Levine, Lieber, Liu, Matthews, Montanez, Mullin, Nakanishi, Nation, Nava, Pavley, Ridley-Thomas, Ruskin, Saldana, Salinas, Torrico, Vargas, Wolk, Yee, Nunez SB 57 Page 6 NOES: Aghazarian, Arambula, Benoit, Blakeslee, Bogh, Canciamilla, Cogdill, Daucher, DeVore, Garcia, Harman, Haynes, Shirley Horton, Houston, Huff, Keene, La Malfa, La Suer, Leslie, Maze, McCarthy, Mountjoy, Negrete McLeod, Niello, Parra, Plescia, Richman, Sharon Runner, Spitzer, Strickland, Tran, Umberg, Villines, Walters, Wyland NO VOTE RECORDED: Goldberg, Oropeza, Vacancy RJG:do 8/31/05 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****