BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Kevin Murray, Chairman
1773 (Alarcon)
Hearing Date: 5/22/06 Amended: AI
Consultant: Nora Lynn Policy Vote: Public Safety 4-0
_________________________________________________________________
____
BILL SUMMARY:
SB 1773 authorizes, until January 1, 2010, county boards of
supervisors to levy an additional 20% assessment on all criminal
violations to fund emergency medical services. SB 1773 specifies
that 15% of the funds collected are to be expended for pediatric
trauma centers and permits up to 10% to be used for
administrative costs.
_________________________________________________________________
____
Fiscal Impact (in thousands)
Major Provisions 2006-07 2007-08 2008-09 Fund
Assessments Potentially significant revenues;Special*
see staff comments
Court programming costs$213 Special*
_____
*Maddy Emergency Medical Services Fund; 15% of total slated for
counties' pediatric trauma units
_________________________________________________________________
____
STAFF COMMENTS:
Until fiscal year 2002-03, 170% in penalty assessments were
applied to every fine. The current penalty assessments are up to
250% and are assessed as follows:
State penalty assessment: Penal Code Sec. 1464
authorizes the assessment of $10 for every $10 in base
fines with 30% going to the assessing county and 70%
transmitted to the state and allocated as follows: 0.33% to
the Fish & Game Preservation Fund; 32.02% to the
Restitution Fund; 23.99% to the Peace Officers Training
Fund; 25.7% to the Driver Training Penalty Assessment Fund;
7.88% to the Corrections Training Fund; 0.78% (not to
exceed $850,000 per year) to the Local Public Prosecutors
and Public Defenders Fund; 8.64% to the Victim-Witness
Assistance Fund; and 0.66% to the Traumatic Brain Injury
Fund.
County penalty assessment: Government Code Sec. 76000 et
seq authorizes the assessment of $7 for every $10 in base
fines. The money collected is to be placed in any of the
following funds if established by a county's board of
supervisors: Courthouse Construction Fund; Criminal Justice
Facilities Construction Fund; Automated Fingerprint
Identification Fund; Emergency Medical Services Fund; and
DNA Identification Fund.
State surcharge: As 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 Sept. 30, 2002, and all money collected is
deposited into the General Fund.
State court facilities construction: Two years ago, as
part of the Trial Court
-- continued --
Page 2
SB 1773 (Alarcon)
Facilities Act of 2002, the Legislature established the
State Court Facilities Construction Fund and added a state
court construction penalty assessment of up to $5 for every
$10 in base fines. The variation in the assessment amount
is dependent on the amount collected by the county for
deposit into the local Courthouse Construction Fund
established pursuant to Government Code Sec. 76100. As a
result the penalty assessment ranges from 0 for every $10
in two counties to the full $5 for every $10 in nine
counties. This provision took effect on Jan. 1, 2003.
Court security: As part of the 2003-04 Budget Act, the
Legislature approved a flat fee of $20 on every conviction
for a criminal offense to fund court security costs.
Proposition 69: Finally, as approved by voters in
November 2004, Prop. 69 levied 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 DNA databank 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 goes to local governments.
The governor's proposed budget for 2006-07 estimates the state
will collect approximately $165 million in penalty revenue next
fiscal year. If all 58 counties were to elect to assess the
additional 20% assessment, revenues to their Maddy Funds would
exceed $13 million per year.
Judicial Council estimates one-time costs of $213,000 to
reprogram and reconfigure case management and accounting
systems, correct and reprint forms, train staff, modify penalty
assessment distribution schedules, amend bench guides, prepare
and transmit notices to the public, and update bail schedules.
These costs should be fully borne by the bill's 10% allowance
for administrative expenses.