BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   SB 857|
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                              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  
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             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,  

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             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  

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             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

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