BILL NUMBER: SB 902	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 15, 2008
	AMENDED IN SENATE  JANUARY 28, 2008
	AMENDED IN SENATE  JANUARY 7, 2008

INTRODUCED BY   Senator Padilla

                        FEBRUARY 23, 2007

    An act to add Section 13159.85 to the Health and Safety
Code, relating to firefighters.   An act to amend
Section 42007 of the Vehicle Code, and to amend Sections 16915 and
16916 of the Welfare and Institutions Code, relating to county health
care funding. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 902, as amended, Padilla.  Firefighters: accelerant
detecting dogs.  County health care: funding.  

   Existing law establishes an additional penalty to be assessed by
each county on fines, penalties, and forfeitures imposed for criminal
offenses and parking penalties, to be used for local courthouse
construction, criminal justice facilities construction, automatic
fingerprint identification funding, forensic laboratory funding,
emergency medical services funding, and DNA identification funding,
as specified for each county.  
   Existing law, in lieu of adjudicating a traffic offense of a
person who holds a specified type of drivers license, authorizes a
court to order or permit a person convicted of a traffic violation to
attend traffic violator school, a licensed driving school, or other
court-approved program or driving instruction. Existing law requires
the clerk of the court to collect a fee from every person who is
ordered or permitted to attend a traffic violator school or who
attends any other court-supervised program of traffic safety
instruction pursuant to these provisions. Existing law requires that
revenues derived from collection of this fee be deposited in each
county's general fund and distributed in accordance with a specified
provision of existing law, including, if applicable, depositing an
amount equal to $2 for every $7 that would have been collected
pursuant to the penalty provisions described above into the county's
Maddy Emergency Medical Services (EMS) Fund.  
   Existing law provides that a county board of supervisors may elect
to levy, for purposes of supporting emergency medical services
another additional penalty, in the amount of $2 for every $10, upon
fines, penalties, and forfeitures collected for criminal offenses, as
specified. Existing law requires the funds collected pursuant to
these provisions to be deposited into the county's Maddy EMS Fund, as
specified.  
   This bill would additionally require revenues from the
above-described traffic violator school or traffic safety program
fees, in an amount equal to $2 for every $10 that would have been
collected by a county that imposes that penalty pursuant to the
latter additional penalty, to be deposited into the county's Maddy
EMS Fund, commencing January 1, 2009. The bill would provide that a
county would not be held liable for depositing these funds into the
county EMS fund before January 1, 2009.  
   Existing law requires a county that receives specified funding for
purposes of providing health care to its indigent population to
report to the State Department of Public Health prescribed
demographic, expenditure, and utilization data as a condition of
receiving the funding.  
   This bill would eliminate the requirements that this data be
provided, and that funding would be contingent upon its provision,
commencing with the 2008-09 fiscal year, and each subsequent fiscal
year.  
   Existing law requires peace officer and civilian drug detection
canine trainers working under the direction of a law enforcement
agency to follow specified protocols of behavior.  
   This bill would require the State Fire Marshal, in conjunction
with recognized statewide fire investigation entities, to update and
amend standards and procedures for accelerant detecting canines and
their handlers, as specified. The bill would require these standards
and procedures to be updated and amended on or before January 1,
2011, and to consider information from, and publications by,
recognized statewide fire investigation entities, as specified.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 42007 of the   Vehicle
Code   is amended to read: 
   42007.  (a) (1) The clerk of the court shall collect a fee from
every person who is ordered or permitted to attend a traffic violator
school pursuant to Section 42005 or who attends any other
court-supervised program of traffic safety instruction. The fee shall
be in an amount equal to the total bail set forth for the eligible
offense on the uniform countywide bail schedule. As used in this
subdivision, "total bail" means the amount established pursuant to
Section 1269b of the Penal Code in accordance with the Uniform
Statewide Bail Schedule adopted by the Judicial Council, including
all assessments, surcharges, and penalty amounts. Where multiple
offenses are charged in a single notice to appear, the "total bail"
is the amount applicable for the greater of the qualifying offenses.
However, the court may determine a lesser fee under this subdivision
upon a showing that the defendant is unable to pay the full amount.
   The fee shall not include the cost, or any part thereof, of
traffic safety instruction offered by the school or other program.
   (2) The clerk may accept from a defendant who is ordered or
permitted to attend traffic violator school a payment of at least 25
percent of the fee required by paragraph (1) upon filing a written
agreement by the defendant to pay the remainder of the fee according
to an installment payment schedule of no more than 90 days as agreed
upon with the court. The Judicial Council shall prescribe the form of
the agreement for payment of the fee in installments. When the
defendant signs the Judicial Council form for payment of the fee in
installments, the court shall continue the case to the date in the
agreement to complete payment of the fee and submit the certificate
of completion of traffic violator school to the court. The clerk
shall collect a fee of up to thirty-five dollars ($35) to cover the
cost of processing an installment payment of the traffic violator
school fee under this paragraph.
   (3) When a defendant fails to make an installment payment of the
fee according to an installment agreement, the court may convert the
fee to bail, declare it forfeited, and report the forfeiture as a
conviction under Section 1803. The court may also charge a failure to
pay under Section 40508 and impose a civil assessment as provided in
Section 1214.1 of the Penal Code or issue an arrest warrant for a
failure to pay.
   (b) Revenues derived from the fee collected under this section
shall be deposited in accordance with Section 68084 of the Government
Code in the general fund of the county and, as may be applicable,
distributed as follows:
   (1) In any county in which a fund is established pursuant to
Section 76100 or 76101 of the Government Code, the sum of one dollar
($1) for each fund so established shall be deposited with the county
treasurer and placed in that fund.
   (2) In any county that has established a Maddy Emergency Medical
Services Fund pursuant to Section 1797.98a of the Health and Safety
Code, an amount equal to the sum of each two dollars ($2) for every
seven dollars ($7) that would have been collected pursuant to Section
76000 of the Government Code  and, commencing January 1, 2009,
an amount equal to the sum of each two dollars ($2) for every ten
dollars ($10) that would have been collected pursuant to Section
76000.5 of the Government Code with respect to those counties to
which that section is applicable  shall be deposited in that
fund. Nothing in the act that added this paragraph shall be
interpreted in a manner that would result in either of the following:

   (A) The utilization of penalty assessment funds that had been set
aside, on or before January 1, 2000, to finance debt service on a
capital facility that existed before January 1, 2000.
   (B) The reduction of the availability of penalty assessment
revenues that had been pledged, on or before January 1, 2000, as a
means of financing a facility which was approved by a county board of
supervisors, but on January 1, 2000, is not under construction.
   (3) The amount of the fee that is attributable to Section 70372 of
the Government Code shall be transferred pursuant to subdivision (f)
of that section.
   (c) For fees resulting from city arrests, an amount equal to the
amount of base fines that would have been deposited in the treasury
of the appropriate city pursuant to paragraph (3) of subdivision (b)
of Section 1463.001 of the Penal Code shall be deposited in the
treasury of the appropriate city.
   (d) As used in this section, "court-supervised program" includes,
but is not limited to, any program of traffic safety instruction the
successful completion of which is accepted by the court in lieu of
adjudicating a violation of this code.
   (e) The clerk of the court, in a county that offers traffic school
shall include in any courtesy notice mailed to a defendant for an
offense that qualifies for traffic school attendance the following
statement:

   NOTICE: If you are eligible and decide not to attend traffic
school your automobile insurance may be adversely affected.

   (f) Notwithstanding any other provision of law, a county that has
established a Maddy Emergency Medical Services Fund pursuant to
Section 1797.98a of the Health and Safety Code shall not be held
liable for having deposited into the fund, prior to January 1, 2009,
an amount equal to two dollars ($2) for every ten dollars ($10) that
would have been collected pursuant to Section 76000.5 of the
Government Code from revenues derived from traffic violator school
fees collected pursuant to this section. 
   SEC. 2.    Section 16915 of the   Welfare
and Institutions Code   is amended to read: 
   16915.  (a) Any county receiving an allocation pursuant to this
part shall, at a minimum, report to the department all indigent
health care program demographic, expenditure, and utilization data,
in a manner that will provide an unduplicated count of users, as
follows:
   (1) The following patient demographic data:
   (A) Age.
   (B) Sex.
   (C) Ethnicity.
   (D) Family size.
   (E) Monthly income.
   (F) Source of income, according to the following categories:
   (i) Disability income.
   (ii) Employment.
   (iii) Retirement.
   (iv) General assistance.
   (v) Other.
   (G) Type of employment, according to the following categories:
   (i) Agriculture.
   (ii) Labor and production.
   (iii) Professional and technical.
   (iv) Service.
   (v) Nonemployed.
   (H) Payer source, according to the following categories:
   (i) Private insurance.
   (ii) County program.
   (iii) Self-pay.
   (iv) Other.
   (I) ZIP Code of residence.
   (2) Indigent health care expenditure data, including all of the
following:
   (A) Inpatient hospital services, according to the following
categories:
   (i) County hospital.
   (ii) Contract hospital.
   (iii) University teaching hospital.
   (iv) Other, noncontract hospital.
   (v) Diagnostic category, as defined by the International
Classification of Diseases, 9th Revision, Clinical Modification
(ICD-9-CM).
   (B) Outpatient services, according to the following categories:
   (i) Hospital outpatient.
   (ii) Freestanding community clinic.
   (iii) Primary care physician.
   (iv) Nonemergency services rendered in an emergency room
environment.
   (v) Type of service.
   (C) Emergency room services, according to the following
categories:
   (i) Emergency services.
   (ii) Emergency services which result in a hospital admission.
   (iii) Emergency services, which are rendered in a noncounty,
noncontract hospital and result in a transfer of the patient to a
county or contract hospital.
   (3) Indigent health care utilization data.
   (A) Inpatient hospital services, according to the following
categories:
   (i) County hospital days and discharges.
   (ii) Contract hospital days and discharges.
   (iii) University teaching hospital days and discharges.
   (iv) Other, noncontract hospital days and discharges.
   (B) Outpatient services, according to the following categories:
   (i) Hospital outpatient visits.
   (ii) Freestanding community clinic visits.
   (iii) Primary care physician visits.
   (iv) Visits to a hospital emergency room for nonemergency
services.
   (C) Emergency room services, according to the following
categories:
   (i) Visits for emergency services in a county hospital.
   (ii) Visits for emergency services in a contract hospital.
   (iii) Visits for emergency services in a noncounty, noncontract
hospital.
   (iv) Visits for emergency services which result in an admission in
a county hospital.
   (v) Visits for emergency services which result in an admission to
a contract hospital.
   (vi) Visits for emergency services which result in an admission to
a noncounty, noncontract hospital.
   (D) Visits for emergency services which are rendered in a
noncounty, noncontract hospital and result in a transfer of the
patient to a county or contract hospital.
   (4) Geographic location of rendered services.
   (A) Inpatient hospital services, according to the following
categories:
   (i) County hospital.
   (ii) Contract hospital.
   (iii) University teaching hospital.
   (iv) Other, noncontract hospital.
   (B) Outpatient services, according to the following categories:
   (i) Hospital outpatient.
   (ii) Freestanding community clinic.
   (iii) Primary care physician.
   (iv) Nonemergency services rendered in an emergency room
environment.
   (C) Emergency room services.
   (5) Expenditure and utilization data for persons with acquired
immunodeficiency syndrome (AIDS) and AIDS-related complex.
   (A) Total number of patients.
   (B) Number of inpatient users.
   (C) Number of discharges.
   (D) Total inpatient days.
   (E) Total inpatient expenditures.
   (F) Number of outpatient users.
   (G) Number of outpatient visits.
   (H) Total outpatient expenditures.
   (I) Number of emergency room users.
   (J) Number of emergency room visits.
   (K) Total emergency room expenditures.
   (b) Counties shall report demographic, cost and utilization data
on indigent health care to the department as follows:
   (1) An actual annual report no later than 360 days after the last
day of the year to be reported.
   (2) Counties shall maintain all patient-specific data collected
through the medically indigent care reporting system for a period of
24 months after the last day of the fiscal year for which the data
was collected.
   (3) Reports shall be submitted on machine readable media, on 51/4
inch or 31/2 inch diskette, in the format specified by the
department.
   (c) Counties that are eligible to participate in the CMSP pursuant
to Section 16809 that do not operate a county hospital and that
elect to enter into a contract with the department to administer the
noncounty hospital portion of the Hospital Services Account, pursuant
to Section 16934.7, and the Physician Services Account, pursuant to
subdivision (c) of Section 16952, are not required to report indigent
health care program demographic, cost, and utilization data pursuant
to this section.
   (d) The department shall collect the data specified in subdivision
(a) for services paid for through the hospital contract-back and
physician services contract-back programs specified in Section
16934.7 and subdivision (c) of Section 16952.
   (e) The data specified in subparagraphs (D), (E), (F), and (G) of
paragraph (1) of subdivision (a) for services paid for with funds
specified under subparagraph (A) of paragraph (1) of subdivision (b)
of Section 16946 and funds administered pursuant to Article 3.5
(commencing with Section 16951) of Chapter 5 are not required to be
reported to the department pursuant to this section. 
   (f) The data specified in this section shall not be required to be
collected or reported for the 2008-09 fiscal year, or any fiscal
year thereafter. 
   SEC. 3.    Section 16916 of the   Welfare
and Institutions Code   is amended to read: 
   16916.  The department shall withhold payments to a county
pursuant to this part if the county fails to provide the reports and
data required by this chapter according to the schedule specified in
subdivisions (a) and (b) of Section 16915.  This section shall
not apply for the 2008-   09 fiscal year, or any fiscal year
thereafter.  
  SECTION 1.    Section 13159.85 is added to the
Health and Safety Code, to read:
   13159.85.  The State Fire Marshal, in conjunction with recognized
statewide fire investigation entities, including, but not limited to,
the California State Firefighters' Association, shall update and
amend standards and procedures for accelerant detecting canines and
their handlers. The standards and procedures shall be updated and
amended on or before January 1, 2011, and shall include, but are not
limited to, department and handler selection and evaluation, canine
selection, fire scene practices, blind odor recognition testing,
field searches, searching people, and statutes and regulations
relating to the use of accelerant detecting canines. The State Fire
Marshal, in updating and amending the standards and procedures, shall
consider information from, and publications by, recognized statewide
fire investigation entities, including, but not limited to, the
California State Firefighters' Association.