BILL ANALYSIS
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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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