BILL NUMBER: AB 412 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 14, 2011
INTRODUCED BY Assembly Member Williams
FEBRUARY 14, 2011
An act to add Section 76104.1 to the Government Code, and to add
Section 42007.5 to the Vehicle Code, relating to emergency medical
services.
LEGISLATIVE COUNSEL'S DIGEST
AB 412, as amended, Williams. Emergency medical services.
Existing law authorizes each county to establish an emergency
medical services fund, known as a Maddy Emergency Medical Services
(EMS) Fund, funded by specified revenue penalties, and makes money in
the fund available for the reimbursement of physicians and surgeons
and hospitals for losses incurred in the provision of emergency
medical services when payment is not otherwise made for those
services. Existing law requires any county that has established a
Maddy EMS Fund to deposit into that fund $2 for every $7 of
additional penalties imposed by the courts for criminal offenses.
Existing law, until January 1, 2011, authorized Santa Barbara
County, for purposes of supporting emergency medical services in
Santa Barbara County, to collect a specified penalty assessment on
every fine, penalty, or forfeiture collected for all criminal
offenses, except as specified, if the Santa Barbara County Board of
Supervisors adopts a resolution stating that implementation of this
provision is necessary to the county for purposes of providing
payment for emergency medical services.
Existing law, until January 1, 2011, provided, upon the
establishment of a Maddy EMS Fund in Santa Barbara County, that the
amount that would have been collected as penalty assessments pursuant
to the above provision shall be deposited in the Maddy EMS Fund
established by the county.
This bill would reenact those provisions that were repealed on
January 1, 2011. The bill would make specified findings and
declarations that the special legislation contained in the act is
necessarily applicable only to Santa Barbara County. By
extending the duties of local officials relating to the collection of
those penalty assessments, the bill would impose a state-mandated
local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 76104.1 is added to the Government Code, to
read:
76104.1. (a) (1) Except as otherwise provided in this section,
and notwithstanding any other law, for purposes of supporting
emergency medical services pursuant to Chapter 2.5 (commencing with
Section 1797.98a) of Division 2.5 of the Health and Safety Code, in
Santa Barbara County, a penalty in the amount of five dollars ($5)
for every ten dollars ($10), or part of ten dollars ($10), shall be
imposed on every fine, penalty, or forfeiture collected for all
criminal offenses. This penalty assessment shall not apply to
offenses involving a violation of the Vehicle Code, except for
violations of Sections 23103.5, 23136, 23140, 23152, and 23153. This
penalty assessment shall be collected together with and in the same
manner as the amount established by Section 1464 of the Penal Code.
(2) The penalty imposed by this section does not apply to the
following:
(A) Any restitution fine.
(B) Any penalty authorized by Section 1464 of the Penal Code or
this chapter.
(C) Any parking offense subject to Article 3 (commencing with
Section 40200) of Chapter 1 of Division 17 of the Vehicle Code.
(D) The state surcharge authorized by Section 1465.7 of the Penal
Code.
(b) The moneys collected pursuant to this section shall be held by
the county treasurer in the same manner, and shall be payable for
the same purposes, described in subdivision (e) of Section 76104.
(c) This section shall be implemented only if the Santa Barbara
County Board of Supervisors adopts a resolution stating that
implementation of this section is necessary to the county for
purposes of providing payment for emergency medical services.
SEC. 2. Section 42007.5 is added to the Vehicle Code, to read:
42007.5. (a) Notwithstanding paragraph (2) of subdivision (b) of
Section 42007, in Santa Barbara County, upon the establishment of a
Maddy Emergency Medical Services Fund pursuant to Section 1797.98a of
the Health and Safety Code, the amount that would have been
collected pursuant to Section 76104.1 of the Government Code shall be
deposited in the Maddy Emergency Medical Services Fund established
by the county pursuant to Section 1797.98a of the Health and Safety
Code.
(b) The Board of Supervisors of the County of Santa Barbara shall
report to the Legislature whether, and to the extent that, any
actions are taken by the County of Santa Barbara to implement
alternative local sources of funding.
SEC. 3. The Legislature finds and declares that
due to unique circumstances regarding emergency medical services in
the County of Santa Barbara, a general statute cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution. Therefore, the special legislation contained
in Sections 1 and 2 of this act is necessarily applicable only to
the County of Santa Barbara.
SEC. 3. SEC. 4. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district are the result of a program for
which legislative authority was requested by that local agency or
school district, within the meaning of Section 17556 of the
Government Code and Section 6 of Article XIII B of the California
Constitution.