BILL ANALYSIS
AB 1153
Page 1
Date of Hearing: April 28, 2009
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Jose Solorio, Chair
AB 1153 (Beall) - As Amended: April 21, 2009
REVISED
SUMMARY : Establishes the Emergency Air Medical Transportation
Act. Specifically, this bill :
1)Provides that for the purpose of implementing this section,
there shall be levied an additional penalty of $3 in each
county that shall be collected upon every fine, penalty, or
forfeiture imposed and collected by the courts for all
offenses involving a violation of the Vehicle Code or a local
ordinance adopted pursuant to the Vehicle Code, except
specified parking offenses. These moneys shall be taken from
fines and forfeitures deposited with the county treasurer
prior to any division. The county board of supervisors shall
establish in the county treasury an Emergency Air Medical
Transportation Act Fund into which shall be deposited the
moneys collected pursuant to this section.
2)States that moneys in each county's fund, including interest
and dividends earned thereon, shall be held by the county
treasurer separate from funds subject to transfer or division.
3)Provides that on the last day of each calendar quarter of the
year, the county treasurer shall transfer moneys in the
county's Emergency Air Medical Transportation Act Fund to the
Controller for credit to the Emergency Air Medical
Transportation Act Fund, which is hereby established in the
State Treasury. The Emergency Air Medical Transportation Act
Fund shall include interest and dividends earned on money in
the fund.
4)Specifies that the Emergency Air Medical Transportation Act
Fund shall be administered by the State Department of Health
Care Services (DHCS). Moneys in the Emergency Air Medical
AB 1153
Page 2
Transportation Act Fund are continuously appropriated, without
regard to fiscal year, to the DHCS to augment emergency air
medical transportation reimbursement payments made through the
Medi-Cal program.
5)States that DHCS shall seek to obtain federal matching funds
by using the moneys in the Emergency Air Medical
Transportation Act Fund for the purpose of augmenting Medi-Cal
reimbursement paid to emergency air medical transportation
services providers
6)Provides that DHCS shall use the moneys in the Emergency Air
Medical Transportation Act Fund and federal matching funds to
increase the Medi-Cal reimbursement or supplemental payments
for emergency air medical transportation services in an amount
not to exceed normal and customary charges charged by the
emergency air ambulance transportation services provider.
EXISTING LAW :
1)States that there shall be levied a state penalty in the
amount of $10 for every $10, or part of $10, upon every fine,
penalty, or forfeiture imposed and collected by the courts for
all criminal offenses, including all offenses, except
specified parking offenses, involving a violation of a section
of the Vehicle Code or any local ordinance adopted pursuant to
the Vehicle Code. [Penal Code Section 1464(a).]
a) Provides any bail schedule may include the necessary
amount to pay the penalties established by this section,
and the surcharge for all matters where a personal
appearance is not mandatory and the bail is posted
primarily to guarantee payment of the fine.
b) States that the penalty imposed by this section does not
apply to the following:
i) Any restitution fine.
ii) Specified Government Code penalties.
iii) Specified parking offenses.
iv) A specified state surcharge.
AB 1153
Page 3
2)Specifies where multiple offenses are involved, the state
penalty shall be based upon the total fine or bail for each
case. When a fine is suspended, in whole or in part, the
state penalty shall be reduced in proportion to the
suspension. [Penal Code Section 1464(b).]
3)States when any deposited bail is made for an offense to which
this section applies, and for which a court appearance is not
mandatory, the person making the deposit shall also deposit a
sufficient amount to include the state penalty prescribed by
this section for forfeited bail. If bail is returned, the
state penalty paid thereon pursuant to this section shall also
be returned. [Penal Code Section 1464(c).]
4)Provides that in any case where a person convicted of any
offense, to which this section applies, is in prison until the
fine is satisfied, the judge may waive all or any part of the
state penalty, the payment of which would work a hardship on
the person convicted or his or her immediate family. [Penal
Code Section 1464(d).]
5)States that the moneys so deposited in the State Penalty Fund
shall be distributed as follows [Penal Code Section 1464(f)]:
a) Once per month, there shall be transferred into the Fish
and Game Preservation Fund an amount equal to 0.33% of the
state penalty funds deposited in the State Penalty Fund
during the preceding month, except that the total amount
shall not be less than the state penalty levied on fines or
forfeitures for violation of state laws relating to the
protection or propagation of fish and game. These moneys
shall be used for the education or training of department
employees which fulfills a need consistent with the
objectives of the Department of Fish and Game.
b) Once per month, there shall be transferred into the
Restitution Fund an amount equal to 32.02% of the state
penalty funds deposited in the State Penalty Fund during
the preceding month.
c) Once per month, there shall be transferred into the
Peace Officers' Training Fund an amount equal to 23.99% of
the state penalty funds deposited in the State Penalty Fund
during the preceding month.
AB 1153
Page 4
d) Once per month, there shall be transferred into the
Driver Training Penalty Assessment Fund an amount equal to
25.7% of the state penalty funds deposited in the State
Penalty Fund during the preceding month.
e) Once per month, there shall be transferred into the
Corrections Training Fund an amount equal to 7.88% of the
state penalty funds deposited in the State Penalty Fund
during the preceding month. Money in the Corrections
Training Fund is not continuously appropriated and shall be
appropriated in the Budget Act.
f) Once per month, there shall be transferred into the
Local Public Prosecutors and Public Defenders Training Fund
established pursuant to Section 11503 an amount equal to
0.78% of the state penalty funds deposited in the State
Penalty Fund during the preceding month. The amount so
transferred shall not exceed the sum of $850,000 in any
fiscal year. The remainder in excess of $850,000 shall be
transferred to the Restitution Fund.
g) Once per month, there shall be transferred into the
Victim-Witness Assistance Fund an amount equal to 8.64% of
the state penalty funds deposited in the State Penalty Fund
during the preceding month.
6)State Penalty Assessment : 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 certain funds (Penal Code Section 1464):
a) Fish and Game Preservation Fund : 0.33%
b) Restitution Fund : 32.02%
c) Peace Officers Training Fund : 23.99%
d) Driver Training Penalty Assessment Fund : 25.70%
e) Corrections Training Fund : 7.88%
AB 1153
Page 5
f) Local Public Prosecutors and Public Defenders Fund :
0.78%, not to exceed $850,000 per year
g) Victim-Witness Assistance Fund : 8.64%
h) Traumatic Brain Injury Fund : 0.66%
1)County Penalty Assessment : 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 for parking offenses. The money collected shall
be placed in any of the following funds if established by a
county board of supervisors: Courthouse Construction Fund,
Criminal Justice Facilities Construction Fund, Automated
Fingerprint Identification Fund, Emergency Medical Services
(EMS) Fund; and/or DNA Identification Fund. (Government Code
Section 76000 et seq.)
2)State Surcharge : As a part of the 2002- 2003 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.)
3)State Court Facilities Construction : As a part of the Trial
Court Facilities Act of 2002 [SB 1732 (Escutia)], the
Legislature established the State Court Facilities
Construction Fund and added a state court construction penalty
assessment in the amount up to $5 for every $10 or fraction
thereof, upon every fine, penalty or forfeiture collected by
the courts for criminal offenses. The variation in the amount
is dependent 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.)
4)Court Security : As part of the 2003-04 Budget, the
Legislature approved a flat fee of $20 on every conviction for
AB 1153
Page 6
a criminal offense to ensure adequate funding for court
security. This provision took effect immediately. (Penal
Code Section 1465.8.)
5)Proposition 69, November 2004 : Proposition 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 will be allocated to local
governments. (Government Code Section 76104.6.)
6)The EMS Fund : The EMS Fund was created by SB 12 (Maddy) in
1987 to provide supplemental financing for local emergency
services. This law permits, but does not require, each county
to levy a $2 penalty assessment for each $10 of traffic fines,
with the sums raised to be deposited in the EMS Fund. Ten
percent of the total revenue is annually deducted for
administration; and the remaining EMS revenues are divided 58%
to physicians for uncompensated emergency room costs, 25% to
trauma centers and hospitals, and 17% for county emergency
medical services.
SB 623 (Speier) Chapter 679, Statutes of 1999, additionally
required that in those counties that have established an EMS
Fund, an amount equal to a specified sum is to be deposited by
the county treasurer in the EMS Fund.
7)Additional 20% Assessment : Existing law provides that a
county board of supervisors may elect to levy an additional
penalty of $2 for every $10 on every fine, penalty, forfeiture
or criminal offenses, including those relating to the
Alcoholic Beverage Control Act and all offenses dealing with
the Vehicle Code except parking offenses. The additional
assessment for "the purpose of supporting emergency medical
services" is inn addition to the existing 20% penalty
assessment for this same purpose.
Money collected under the statute to be continued under this
bill shall be deposited with the county treasurer. Of the
money deposited into the EMS Fund under this bill, 15% shall
be utilized to provide funding for pediatric trauma centers;
although in another section, this bill refers to "trauma care
facilities providing trauma care". This bill provides that
AB 1153
Page 7
expenditures 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.
Counties that do not maintain a pediatric trauma center shall
utilize the money deposited pursuant to this provision to
improve access to pediatric trauma centers with a preference
for funding given to hospitals that specialize in services to
children, and physicians and surgeons who provide care to
children.
8)Civil Filing Fees : Existing law provides that in an action
for money damages that falls within the monetary jurisdiction
of small claims court but where the person is statutorily
precluded from filing in small claims court, the standard
filing fee shall be reduced by $15 to $165. [Business and
Professions Code Section 6322.1(c)(1).] Further provides that
the uniform fee for filing the first paper in a civil action n
the superior court is $320. [Government Code Sections 70611
and 70612.]
9)Penalty for Parking Offenses : Provides for every parking
offense an added state court construction penalty of $1.50
shall be included in the total fine, penalty or forfeiture.
[Government Code Section 70372(a)(b).]
10) Driving School : Existing law provides that a fee
amounting to the total bail plus $24 shall be collected by the
court clerk when a person is ordered to attend driving school.
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Air ambulance
services provide life-saving emergency transportation for the
most critical patients from accident scenes directly to trauma
centers. Emergency helicopter air ambulance providers
maintain a critical link between rural areas and urban
tertiary care hospitals (trauma centers, heart/stroke centers,
burn units, etc.).
AB 1153
Page 8
"They are an essential part of the Statewide EMS system and play
a key role in disaster response and homeland security. The
Medi-Cal program pays air ambulance services far below the
cost of providing emergency air transportation, and pays
nothing if the patient is indigent and not eligible for
Medi-Cal. Current Medi-Cal base rates for helicopter services
are only 40% of the average Medicare rates in California,
which are similarly inadequate to cover costs. In rural areas
this can fall below 35% of the cost of the transport.
"AB 1153 will provide for increased Medi-Cal funding of
emergency air ambulance transportation to ensure this vital
emergency service is available for all Californians."
2)The Provision of this Bill Apply to Felonies, Misdemeanor and
Infractions Involving Penal Code Violations : This bill adds
an additional $3 penalty assessment to California Vehicle
Code. The Vehicle Code contains a variety of offenses. This
provision will increase the out-of-pocket costs for most
traffic offenses, as well as misdemeanor and felony offenses
arising from driving-related conduct.
3)Penalty Assessments : The Legislature has increasingly turned
to penalty assessments upon criminal and traffic offenses as a
method of raising revenue for various projects. Currently,
the amount of assessments upon individuals who receive traffic
infractions and criminal penalties are exponentially
staggering.
For example, this bill imposes an additional penalty assessment
upon criminal offenses. Penalty assessments must be
considered when deciding to impose fines. Assuming a person
is fined the maximum fine of $20,000 the following penalty
assessments would be imposed pursuant to the Penal Code and
the California Government Code:
Base Fine: $20,000
Penal Code 1464 Assessment: $20,000($10 for every
$10 in fines)
Penal Code 1465.7 Assessment: $ 4,000 (20%
surcharge)
Penal Code 1465.8 Assessment: $ 20($20 fee
per fine)
Government Code 70372 Assessment: $10,000($5 for
AB 1153
Page 9
every $10 in fines)
Government Code 70373 Assessment: $ 30($30 fee
per each conviction)
Government Code 76000 Assessment: $14,000 ($7 for
every $10 in fines)
Government Code 7600.5 Assessment: $ 4,000 ($2 for
every $10 in fines)
Government Code 76104.6 Assessment: $ 2,000($1 for
every $10 in fines)
Government Code 76104.7 Assessment: $ 2,000($1 for
every $10 in fines)
Total Minimum Fine with Assessments: $76,050
4)Most Criminal Penalties and Assessments Are Paid by Vehicle
Code Violators : A study conducted by the California Research
Bureau in February 2006 disclosed that in counties in which
the data was available, the majority of penalties and
assessments collected were from Vehicle Code violations. Many
criminal defendants who committed more serious offenses under
the Penal Code are unlikely to have the ability to pay any
fines assessed in addition to other punishments such as county
jail or state prison sentences.
Additionally, the existing penalty assessments already more than
double any statutorily required fine. Increasing fines to be
paid by criminal defendants may have the unintended
consequence of fewer overall fines being paid. It has been
suggested that indigent defendants facing a barrage of
ever-increasing fees may simply choose to spend time in jail
in lieu of the fines, causing taxpayers to be required to pay
the costs of jail space and courts to receive fewer funds as a
result of frustrated defendants who are perpetually teetering
on the brink of poverty and homelessness.
Below is a chart of some of the more common penalty offenses
assessed and their effect on particular violations:
Frequently Cited Vehicle Code Offenses
Fines + Assessments + SB 1407
Table 1
(Shows maximum existing assessments and surcharges
imposed on the base fine in every case)
AB 1153
Page 10
------------------------------------------------------------------
|Assessment |Statute |Formula |
|---------------------+--------+-----------------------------------|
|State Penalty |PC 1464 |$10 for every $10 base |
|Assessment | | |
|---------------------+--------+-----------------------------------|
|County Penalty |GC |$2 - 7 for every $10 base (depends |
|Assessment |76000 |on county) |
|---------------------+--------+-----------------------------------|
|DNA Penalty |GC |$1 for every $10 base |
|Assessment |76104.6 | |
|---------------------+--------+-----------------------------------|
|DNA Penalty |GC |$1 for every $10 base |
|Assessment |76104.7 | |
|---------------------+--------+-----------------------------------|
|EMS Penalty |GC |$2 for every $10 (in counties |
|Assessment |76000.5 |whose boards have adopted it) |
|---------------------+--------+-----------------------------------|
|Court Facilities |GC |$0 - 5 for every $10 (depending on |
|Penalty Assessment |70372 |county board action) |
|---------------------+--------+-----------------------------------|
|Court Security Fee |PC |$20 for each conviction |
| |1465.8 | |
|---------------------+--------+-----------------------------------|
|20% Surcharge |PC |20% of base for each conviction |
| |1465.7 | |
|---------------------+--------+-----------------------------------|
|Night Court Fee |VC |$1 (in counties that have night |
| |42006 |courts) |
------------------------------------------------------------------
Table 2
(Shows selected offenses base fine, total maximum assessments,
and addition of SB 1407 fee for each offense shown)
--------------------------------------------------------------------
|OFFENSE |Stat|Base Fine |Total |Current |SB |SB |Percen|
| |ute | |Maximum |Total |1407 |1407 |t |
| | | |Assessmen|Maximum |additi|Total |Increa|
| | | |ts | |on |Max |se |
AB 1153
Page 11
|----------+----+------------+---------+--------+------+------+------|
|Speeding |VC |$$35 - 100 |$111 - |$146 - |$40 |$186 |27% - |
|in posted |2235|(depends on |280 |380 | |- 420 |10.5% |
|area |1 |how far | | | | | |
| | |over limit) | | | | | |
|----------+----+------------+---------+--------+------+------+------|
|Driving |VC |$200 |$560 |$760 |$40 |$800 |5% |
|w/o |1602| | | | | | |
|insurance |8 | | | | | | |
|----------+----+------------+---------+--------+------+------+------|
|Seatbelt |VC |$20 |$56 |$76 |$40 |$116 |53% |
|violations|2731| | | | | | |
| |5 | | | | | | |
|----------+----+------------+---------+--------+------+------+------|
|Red light |VC |$100 |$280 |$380 |$40 |$420 |10.5% |
|violations|2145| | | | | | |
| |3 | | | | | | |
|----------+----+------------+---------+--------+------+------+------|
|Speeding |VC |$35 - 100 |$111 - |$146 - |$40 |$186 |27% - |
|over 65 |2234|(depends on |280 |380 | |- 420 |10.5% |
|mph |9 |how far | | | | | |
| | |over 65 | | | | | |
| | |mph) | | | | | |
|----------+----+------------+---------+--------+------+------+------|
|DUI |VC |$390 |$1,092 |$1,482 |$40 |$1,522|2.7% |
| |2315| | | | | | |
| |2 | | | | | | |
|----------+----+------------+---------+--------+------+------+------|
|Reckless |VC |$290 |$812 |$1,102 |$40 |$1,142|3.4% |
|driving |2310| | | | | | |
|in |3 | | | | | | |
|constructi| | | | | | | |
|on zone | | | | | | | |
|----------+----+------------+---------+--------+------+------+------|
|Promise |VC |$50 |$140 |$190 |$40 |$230 |21% |
|to appear |4050|(misdemeanor| | | | | |
|violation |8 |) | | | | | |
|----------+----+------------+---------+--------+------+------+------|
|Driving |VC |$75 |$233 |$298 |$40 |$338 |13% |
|w/o |1250| | | | | | |
|license |0 | | | | | | |
--------------------------------------------------------------------
5)Argument in Support : According to REACH Air Medical Services ,
AB 1153
Page 12
"AB 1153 will provide for increased Medi-Cal funding of
emergency air ambulance transportation by imposing a $3
additional penalty on each motor vehicle violation, with the
exception of parking tickets. Revenue generated by the
additional penalty will be augmented with federal matching
funds by the State Department of Health Care Services, who
will then use the funds to increase Medi-Cal payment rates
and/or provide supplemental payments to air ambulance
providers.
"Air ambulances provide an essential service to our community
and provide life-saving emergency transports to many trauma
and cardiac patients without any form of health insurance.
Properly funding air ambulance services is essential to
maintaining the integrity of our EMS system."
6)Prior Legislation : AB 1407 (Perata), Statutes of 2008,
Chapter 311, allowed the issuance of up to $5 billion in
lease-revenue bonds to finance the construction of critical
needs courthouse construction projects, and supports the debt
service for the bonds by raising specified criminal and civil
fees and fines.
REGISTERED SUPPORT / OPPOSITION :
Support
Air and Surface Transport Nurses Association
American Ambulance
Barton Healthcare System
Bell's Healdsburg Ambulance Service
Board for Critical Care Transport Paramedic
CAL-AAMS
California State Firefighters Association
Emergency Medical Services Committee
CALSTAR
Community Medical Centers
Diamond Springs Fire Protection District
Doctors Medical Center
Enloe
Hall Ambulance
International Association of Flight Paramedics
John C. Fremont Healthcare District
John Muir Health
Lake County Fire Protection District
AB 1153
Page 13
Medi-Flight
Memorial Medical Center
Mercy Air
Patterson Ambulance Service
PHI Air Medical
Placer Hills Fire Protection District
Plumas District Hospital
Rancho Tehama Association
Regional Medical Center of San Jose
REACH Air Medical Services
REMSA/Careflight
Rogers Helicopters, Inc.
San Bernardino County Fire Department
Skylife of Central California
Stanford Hospital and Clinics
Valley Heart Associates
Verihealth, Inc.
Westport Fire District
Opposition
None
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744