BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                    SB 57|
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                              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





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           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  







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          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*
          ________________







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          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,  







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          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







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          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

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