BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 THIRD READING


          Bill No:  SB 75
          Author:   Senate Budget and Fiscal Review Committee
          Amended:  9/4/09
          Vote:     21

           
          PRIOR VOTES NOT RELEVANT

           ASSEMBLY FLOOR  : 58-14, 09/08/09 - See last page for vote


           SUBJECT  :    Judiciary

           SOURCE  :     Author


           DIGEST  :    As it left the Senate, this bill expressed the  
          intent of the Legislature to enact necessary statutory  
          changes relating to the Budget Act of 2009.

           Assembly Amendments  deleted the prior version of the bill.   
          This bill now:  (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 bill 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  
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          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," and (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  
          made, the $40 million figure will not be realized.  This  
          bill allows the additional $10 to be distributed in the  
          same order of distribution as the rest of the court  
          security fee. 

           ANALYSIS  :    The Public Employees' Retirement System  
          provides pension benefits based in part upon credited  
          service.  The Public Employees' Retirement Law provides  
          that credit for service generally is accrued based upon  
          service rendered and compensated in a fiscal year, and that  
          time during which a member is absent without compensation  
          is not allowed for computing service.  Existing law, in  
          effect until July 1, 2010, authorizes the Judicial Council  
          to provide that the courts be closed for the transaction of  
          judicial business for one day per month, which would be  
          treated as a holiday, and to adopt court rules to implement  
          these provisions, subject to specified conditions.

          This bill requires that, for all retirement purposes,  
          credit for service and compensation earnable for members of  
          the Public Employees' Retirement System employed by a trial  
          court that are subject to mandatory furloughs be based on  
          the amount that would have been credited had the employee  
          not been subject to mandatory furloughs.  The bill defines  
          mandatory furloughs and trial court employee in these  







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          regards.

          Existing law sets the fees for filing first papers and  
          other filing fees in civil actions, including various  
          probate proceedings.

          This bill makes technical, conforming changes in related  
          provisions specifying the distribution of the proceeds of  
          those fees.

          Existing law authorizes a court to use electronic recording  
          equipment for the internal personnel purpose of monitoring  
          judicial officer performance, if notice is provided to  
          litigants that the proceeding may be recorded for that  
          purpose, as specified.

          This bill modifies that provision to authorize a court to  
          use electronic recording equipment for the internal  
          personnel purpose of monitoring the performance of  
          subordinate judicial officers, hearing officers, and  
          temporary judges while proceedings are conducted in the  
          courtroom, if notice is provided to the subordinate  
          judicial officer, hearing officer, or temporary judge, and  
          to the litigants, that the proceeding may be recorded for  
          that purpose, as specified.

          Existing law permits the referral of fines, state or local  
          penalties, forfeitures, restitution fines, or restitution  
          orders imposed by specified courts upon a person for  
          criminal offenses under certain conditions to the Franchise  
          Tax Board for collection.  Existing law requires a board of  
          supervisors to provide that disbursements of amounts  
          collected by the Franchise Tax Board be made in accordance  
          with specified priorities of payment.  Existing law  
          provides, until January 1, 2012, that any statute that  
          takes effect after January 1, 2009, that increases the  
          amount of any item that would be subject to disbursement  
          under these provisions shall not be disbursed until all  
          specified reimbursable costs have been disbursed.

          Existing law imposes a fee of $30, until July 1, 2011, and  
          thereafter, a fee of $20, upon every conviction for a  
          criminal offense, other than parking offenses, for funding  
          of court security.







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          This bill provides that the court security fees collected  
          pursuant to the latter provision shall be disbursed in  
          accordance with the specified priorities of payment  
          described above, and not first be subject to disbursement  
          for those specified reimbursable costs.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           ASSEMBLY FLOOR  :  
          AYES:  Ammiano, Arambula, Beall, Blakeslee, Block,  
            Blumenfield, Buchanan, Caballero, Charles Calderon,  
            Carter, Chesbro, Cook, Coto, Davis, De La Torre, De Leon,  
            Emmerson, Eng, Evans, Feuer, Fong, Fuentes, Furutani,  
            Gaines, Galgiani, Gilmore, Hall, Harkey, Hayashi,  
            Hernandez, Hill, Huber, Huffman, Jones, Krekorian, Lieu,  
            Bonnie Lowenthal, Ma, Mendoza, Monning, Nava, Niello,  
            Nielsen, John A. Perez, Portantino, Ruskin, Salas,  
            Saldana, Silva, Skinner, Solorio, Swanson, Torlakson,  
            Torres, Torrico, Tran, Yamada, Bass
          NOES:  Anderson, Bill Berryhill, DeVore, Duvall, Fuller,  
            Hagman, Jeffries, Knight, Logue, Miller, V. Manuel Perez,  
            Smyth, Audra Strickland, Villines
          NO VOTE RECORDED:  Adams, Tom Berryhill, Brownley, Conway,  
            Fletcher, Garrick, Nestande


          RJG:nl  9/9/09   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

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