BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 75
                                                                  Page  1


          SENATE THIRD READING
          SB 75 (Ducheny)
          As Amended  September 4, 2009
          Majority vote 

           SENATE VOTE  :Vote not relevant 
           
           SUMMARY:   Makes various technical changes to the judiciary  
          budget trailer bill.  Specifically,  this bill:  

          1)Ensures that the intent of the court closure legislation --  
            that a furlough not impact an employee's service credit or  
            benefit for retirement purposes - be effectuated.  

          2)The Budget trailer bill (SB 13 4X) increased the first paper  
            filing fee by $5 across all case types.  This amendment  
            conforms the fee distribution statutes to these increased  
            amounts. 

          3)SB 13 4X further defined the circumstances under which  
            electronic recording may be used.  The language was intended  
            to memorialize existing practices in courts that use  
            electronic recording to monitor the performance of subordinate  
            judicial officers (SJOs) and temporary judges.  However, the  
            language was imprecise, and on its face authorizes the  
            practice in situations for which it is not currently used.   
            The proposed amendment makes the language of Government Code  
            Section 69957 consistent with current practice, providing  
            authority to use electronic recording to monitor court room  
            performance of SJOs, hearing officers, and temporary judges,  
            instead of referencing the more general term of "judicial  
            officer."

          4)In 2008, with the enactment of SB 1407, statute was changed  
            relating to the order of distribution of criminal fines, fees,  
            and penalties.  That language provided that all new fees and  
            all fees increased by any legislation taking effect after  
            January 1, 2009 would be distributed last in the order of  
            distribution.  This year's budget trailer bill increased the  
            court security fee from $20 to $30 on each criminal  
            conviction.  That action was taken to provide $40 million in  
            revenue to the courts to help offset some of the budget cuts  
            imposed.  It is believed that if the $10 increase may only be  
            distributed to the courts after all other distributions are  








                                                                  SB 75
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            made, the $40 million figure will not be realized.  This  
            amendment will allow the additional $10 to be distributed in  
            the same order of distribution as the rest of the court  
            security fee.


           Analysis Prepared by  :    Joe Stephenshaw / BUDGET / (916)  
          319-2099 


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