BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 117
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          Date of Hearing:   May 8, 2007
          Counsel:               Kimberly A. Horiuchi


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Jose Solorio, Chair

                     AB 117 (Beall) - As Amended:  March 22, 2007
           

          SUMMARY  :  Authorizes Santa Clara County to collect an additional  
          $2 penalty assessment for every $10 in base fines for certain  
          violations for purposes of funding local traffic safety  
          programs.  Specifically,  this bill  :

          1)Allows the Santa Clara County Board of Supervisors (Santa  
            Clara County) to elect to levy an additional penalty of $2 for  
            every $10 or fraction thereof upon every fine, penalty, or  
            forfeiture imposed and collected by the courts for criminal  
            offenses involving the unsafe operation of a motor vehicle  
            upon the highway in violation of the Vehicle Code, or a local  
            ordinance adopted pursuant to the Vehicle Code, as specified.   


          2)Requires penalty assessments collected to be deposited into  
            the Traffic Safety Committee Network Fund. 

          3) Mandates moneys in the Traffic Safety Committee Network Fund,  
            after deducting administrative costs, not to exceed 2% of the  
            amount of the Traffic Safety Committee Network Fund, be  
            allocated in a manner so that 85% is used for local traffic  
            safety programs approved by the Santa Clara County, as  
            specified, and 15% is deposited in the county's Courthouse  
            Construction Fund.  

          4)States if the Traffic Safety Committee Network Fund is created  
            by Santa Clara County, it must establish a countywide  
            community collaborative committee to develop recommendations  
            for funding the traffic safety programs.  The committee is to  
            prepare a strategic plan, a capital outlay program and  
            performance standards, as specified.  

          5)Requires Santa Clara County to select programs for recipient  
            funding.  









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          6)States if the Traffic Safety Committee Network Fund is created  
            by Santa Clara County, it must submit an annual report to the  
            Legislature before the fifth legislative day of 2008 and each  
            year thereafter, providing accountability information on the  
            Traffic Safety Committee Network Fund's project expenditures.   
            The report is to include, but is not limited to, a detailed  
            report of the program, including statements to the effect of  
            whether or not fund usage is in accordance with the  
            requirements of this bill, as specified. 

          7)Sunsets on January 1, 2013.  

          8)Declares that Santa Clara County is in jeopardy of losing its  
            grant funding through the California Office of Traffic Safety  
            (OTS) and, therefore, a general statute cannot be made  
            applicable within the meaning of the specified section of the  
            California Constitution and that the special legislation in  
            necessarily applicable only to Santa Clara County.
           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:  the Courthouse Construction  
            Fund, Criminal Justice Facilities Construction Fund, Automated  
            Fingerprint Identification Fund, EMS Fund, or DNA  
            Identification Fund.  (Government Code Section 76000.)









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          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  
            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 Emergency Medical  
            Services 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. and Government Code Section  
            76104.)

           FISCAL EFFECT  :   None

           COMMENTS  :    

           1)Author's Statement  :  According to the author, "Cities and  
            counties bear the brunt of the cost of motor vehicle  
            collisions and their aftermath.  This bill will provide much  
            needed funding for a proven community based approach to  
            traffic safety that will reduce the morbidity and mortality  








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            associated with motor vehicle accidents and in turn provide  
            societal cost savings.  I am pleased to carry this measure!   
            This much-needed infusion of capitol will save lives through  
            encouraging cities and counties to adopt a community approach  
            to traffic safety.  This bill will provide additional monies  
            to both cities and counties that will be used to decrease  
            motor vehicle crashes and their associated deaths and  
            injuries, through an assessment on traffic fines that actually  
            'makes sense.'  Imagine, using traffic fines and assessments  
            on traffic fines to combat motor vehicle crashes.

           2)OTS  :  OTS, within the Business, Transportation and Housing  
            Agency, administers federal traffic safety grants allocated to  
            California.  There are eight program priority areas earmarked  
            for grant funding:  Alcohol and Other Drugs, Occupant  
            Protection, Pedestrian and Bicycle Safety, Emergency Medical  
            Services, Traffic Records, Roadway Safety, and Police Traffic  
            Services.  The goal of OTS is "to help local communities  
            develop traffic safety programs, which will contribute to the  
            reduction of the state's mileage death rate."

          OTS funds community-based organizations for the conduct of a  
            variety of traffic safety activities that are designed to  
            impact local community and neighborhood traffic safety  
            problems.  In addition, over $1.5 million in grant funding as  
            requested by TSCN over the past three years have been fully  
            approved by OTS.  Also, the proposed Governor's Budget  
            includes an additional $11 million for grant funding to OTS.  

           3)History of Penalty Assessments  :  In 1986, the Legislature  
            enacted Senate Concurrent Resolution 53, requiring the Office  
            of the Legislative Analyst (LAO) to study the statutory  
            penalty assessments that are levied by the courts on offenders  
            and the state programs that the funds support.  The completed  
            1988 study found a complicated system of collection and  
            distribution of penalty funds.  Further, the LAO was unable to  
            fully identify the source offenses that generated penalty  
            revenues because of limitations in most county collection  
            systems.

          According to the 1988 LAO study, penalty assessments were  
            established in 1953.  At that time, a penalty assessment was  
            established at $1 for every $20 of basic fine for most Vehicle  
            Code violations.  Money collected from this original penalty  
            assessment was remitted by the courts via the counties to the  








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            state for deposit into the General Fund.  The General Fund  
            then transferred funds to the State School Fund, which  
            financed the driver education programs of local school  
            districts. 

          Since 1953, the penalty assessment rates, the types of offenses  
            subject to the assessments, and the number of programs  
            financed by them, have increased significantly.  "Although the  
            basic structure of penalty assessments has remained unchanged  
            since 1980, the Legislature has continued to increase both the  
            penalty assessment rate and the number of types of programs  
            which are financed by these assessments."  

          In September 2005, the Assembly Public Safety Committee asked  
            the California Research Bureau to revisit the issue of penalty  
            assessments by surveying county courts.  The purpose of the  
            survey was to help the Legislature better understand the  
            problems county courts encounter when assessing, collecting,  
            and tracking the numerous penalty assessments and enhancements  
            imposed by law.  Based on the survey, the California Research  
            Bureau found "that very little has changed since the LAO  
            study.  California now has dedicated funding streams for over  
            269 separate court fines, fees, forfeitures, surcharges and  
            penalty assessments that may be levied on offenders and  
            violators.  These fines, fees, forfeitures (bail defaults or  
            judgments and damages), surcharges, and penalties appear in  
            statutes in 16 different codes in state law and are in  
            addition to the many fees, fines, and special penalties that  
            local governments may impose on most offenses.  Criminal  
            offenders and traffic violators pay more than 250% in  
            penalties over the original fine for their offense."  As an  
            example, for a standard moving vehicle violation, the base  
            fine is $35.  With the addition of various penalty assessments  
            and court security fee, the total fine for a violator is $166.  
             For a $100 moving vehicle violation, the various penalty  
            enhancements plus the $20 court security fee costs a violator  
            $400. 

          According the California Research Bureau, as more surcharges and  
            penalties have been imposed, the process has become even more  
            complicated.  County courts now maintain two separate accounts  
            and the penalty assessment system has become exceedingly  
            complex over time.  Accordingly, they list in their study as a  
            corrective option that the Legislature simplify and  
            consolidate state court fines, fees, penalties and assessments  








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            imposed on criminal offenders and traffic violators.  

          In 1986, the Conference of State Court Administrators adopted  
            nationally recommended state standards for court costs,  
            surcharges, and fees.  One of the major recommendations was to  
            discourage the use of surcharges to fund non-court related  
            programs and services.  Many states, including California, are  
            using surcharges and fees as a way to fund non-court related  
            programs.  

           4)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  
            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:  the  
               Courthouse Construction Fund, Criminal Justice Facilities  
               Construction Fund, Automated Fingerprint Identification  








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               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  
               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 is disbursed to  
               local governments.  (Government Code Section 76104.6.)

           5)Pending Study  :  AB 367 (de Leon) establishes a task force as  
            specified to evaluate and make recommendations to the Judicial  
            Council by December 31, 2009 for consolidating and simplifying  








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            the imposition and distribution of court-ordered debts.  AB  
            367 pending hearing by the Assembly Judiciary Committee.  

           6)Prior Legislation  : 

             a)   SB 57 (Alarc?n), of the 2005-05 Legislative Session,  
               would have allowed 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.   
               SB 57 was vetoed. 

             b)   SB 1773 (Alarc?n), Chapter 841, Statutes of 2006,  
               provides that until January 1, 2009, a county board of  
               supervisors may elect to levy an additional penalty in the  
               amount of $2 for every $10, upon fines, penalties and  
               forfeitures collected for criminal offenses, as specified. 

           7)Arguments in Support  :  According to the  National Traffic  
            Safety Institute  , "NTSI has been leader in Traffic Safety  
            Programs in Santa Clara County and throughout California and  
            the Untied States for over 30 years.  NTSI has been involved  
            in such important programs as 'Avoid the 13' and 'Sober  
            Graduation', and we know a Traffic Safety Committee Network  
            Fund will continue to enhance these successful programs. 

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          American Medical Response
          California State Sheriffs' Association 
          City of Los Altos, Department of Public Works
          City of Moreno Valley
          City of Sunnyvale
          County of Santa Clara Board of Supervisors
          National Traffic Safety Institute
          Santa Clara Valley Medical Center
          Sunnyvale Police Department
          One private citizen

           Opposition 
           
          Judicial Council
          2 private citizens 
           








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          Analysis Prepared by  :    Kimberly Horiuchi / PUB. S. / (916)  
          319-3744