BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 857| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ UNFINISHED BUSINESS Bill No: SB 857 Author: Senate Budget and Fiscal Review Committee Amended: 10/6/10 Vote: 27 - Urgency PRIOR VOTES NOT RELEVANT ASSEMBLY FLOOR : Not available SUBJECT : Judiciary Budget Trailer Bill SOURCE : Author DIGEST : Assembly Amendments delete the Senate version of the bill which expressed the intent of the Legislature to enact statutory changes relating to the Budget Act of 2010, and add the current content relating to the judiciary. This bill is now the Judiciary Budget Trailer bill which contains provisions necessary to implement the 2010-11 Budget. ANALYSIS : This bill includes the following key changes to implement the 2010-11 State Budget: 1. First Paper Filing Fee . Adds supplemental fees of $20 and $40 to fees for first paper filings in connection with specified civil proceedings, and extends the moratorium on increases in filing fees until July 1, 2013. These fees are projected to generate $40.1 CONTINUED SB 857 Page 2 million in additional revenue. Fee increases expire after three fiscal years. 2. Telephonic Fee . Requires the Judicial Council to establish statewide, uniform fees to be paid for appearing by telephone and requires that each vendor or court that provides for appearances by telephone to transmit $20 for each fee received for providing telephone appearance services. This fee is projected to generate $6 million in additional revenue. Fee increase expires after three fiscal years. 3. Collections . Establishes various methods to enhance the collection of debt and improve recovery efforts including (a) strengthening existing authority and responsibility for a comprehensive collections program of delinquent court-ordered debt; (b) providing for a one-time amnesty program for fines and bail meeting certain requirements; (c) clarifying authority related to discharge of accountability; (d) establishing an intercept on unclaimed property in cooperation with the State Controller's Office; (e) clarifying authority for enforcing court-ordered debt; and (f) reducing the amount that the clerk of the court can accept as forfeiture for certain infractions (from 25 percent to 10 percent). 4. Court Closures . Requires trial courts to notify the Judicial Council at least 60 days prior to the closing of any courtroom or reducing the hours of clerks' offices during regular business hours and requires the Judicial Council to notify the Legislature within 30 days of the receipt of such notice. States the Legislature's intent that, to the extent practicable, access to court services for civil litigants be preserved in the allocation of resources by and for trial courts and that trial courts remain open to the public on all days except judicial holidays, Saturdays, and Sundays, except as specified. 5. Default Prove Up Process Study . Requires the Judicial Council and the Legislative Analyst's Office to conduct a study evaluating the costs, revenues, and filing processes associated with the default prove up process, CONTINUED SB 857 Page 3 as well as to identify best practices in other states. 6. Court Construction Pilot Program . Establishes a pilot program consisting of three courthouse construction projects to assess the benefits and impacts of (a) requiring all subcontractors with bids in excess of $500,000 to pay for employee health expenses for Construction Field Employees working in California; and (b) giving two quality points out of 100 quality points to a proposing construction manager at risk that pays for employee health expenses for Construction Field Employees working in California. 7. Parking Penalty Exemption . Specifies that counties or processing agencies would not be held liable for failure to remit to the State Controller parking penalty fees collected pursuant to Government Code Section 70372(b) as long as the payments were deposited in a local courthouse construction fund. This exemption applies only to the 2008 calendar year. 8. Summary Judgment Fee . Increases the fee for filing a motion for summary judgment from $200 to $500. This increase is projected to generate $6.2 million in additional revenue. Fee increase expires after three fiscal years. 9. Pro Hac Vice Fee . Increases the fee for filing in the superior court an application to appear as counsel pro hac vice (attorney's from outside the state) from $250 to $500, require an annual renewal of such application, and provide for half of the pro hac vice application fee to be transmitted to the state for deposit in the Trial Court Trust Fund. This increase is projected to generate $800,000 in additional revenue. Fee increase expires after three fiscal years. 10. Local Courthouse Construction Technical Fix . Makes technical revisions to the table contained in Government Code Section 76000 subdivision (e) to reflect accurate authority as exercised by each county. 11. Parking Citation Increase . Adds a $3 parking penalty for each offense where a parking penalty, fine, or CONTINUED SB 857 Page 4 forfeiture is imposed. This penalty is projected to generate $10.5 million in additional revenue. Fee expires after three fiscal years. 12. Court Audits . Authorizes the Judicial Council to inspect, review, and perform comprehensive oversight and analysis of court financial records and to investigate allegations of financial impropriety or mismanagement. Also, requires the establishment of a pilot program to audit six trial courts, including review of all funds within the trial court's administration or control and requires the auditing of each trial court at least once every four years. Audit findings and results are to be reported to the Legislature, the Judicial Council, and the Department of Finance by April 1 of each year. Additionally, establishes biennial audits of the Administrative Office of the Courts. 13. Debt Task Force Membership . Adds members (county public defender, city attorney appointed by the Speaker of the Assembly, a private defense attorney, and a district attorney appointed by the President Pro Tempore of the Senate) to the existing task force to evaluate criminal and traffic-related court-ordered debts and requires the task force to make specific recommendations to the Judicial Council and the Legislature by June 30, 2011. 14. Court Security Fee . Raises the court fee by $10 until July 1, 2013, and also establishes a moratorium on future increases of this fee until the same date. This fee is projected to generate $40 million in additional revenue. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes RJG:mw 10/6/10 Senate Floor Analyses SUPPORT/OPPOSITION: NONE RECEIVED **** END **** CONTINUED