SECTIONS 76000-76000.10 - California Statutes

GOVERNMENT CODE

SECTION 76000-76000.10

76000. (a) (1) Except as otherwise provided elsewhere in this
section, in each county there shall be levied an additional penalty
in the amount of seven dollars ($7) for every ten dollars ($10), or
part of ten dollars ($10), upon every fine, penalty, or forfeiture
imposed and collected by the courts for all criminal offenses,
including all offenses involving a violation of the Vehicle Code or
any local ordinance adopted pursuant to the Vehicle Code.
(2) This additional penalty shall be collected together with and
in the same manner as the amounts established by Section 1464 of the
Penal Code. These moneys shall be taken from fines and forfeitures
deposited with the county treasurer prior to any division pursuant to
Section 1463 of the Penal Code. The county treasurer shall deposit
those amounts specified by the board of supervisors by resolution in
one or more of the funds established pursuant to this chapter.
However, deposits to these funds shall continue through whatever
period of time is necessary to repay any borrowings made by the
county on or before January 1, 1991, to pay for construction provided
for in this chapter.
(3) This additional penalty 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) In each authorized county, provided that the board of
supervisors has adopted a resolution stating that the implementation
of this subdivision is necessary to the county for the purposes
authorized, with respect to each authorized fund established pursuant
to Section 76100 or 76101, for every parking offense where a parking
penalty, fine, or forfeiture is imposed, an added penalty of two
dollars and fifty cents ($2.50) shall be included in the total
penalty, fine, or forfeiture. Except as provided in subdivision (c),
for each parking case collected in the courts of the county, the
county treasurer shall place in each authorized fund two dollars and
fifty cents ($2.50). These moneys shall be taken from fines and
forfeitures deposited with the county treasurer prior to any division
pursuant to Section 1462.3 or 1463.009 of the Penal Code. The judges
of the county shall increase the bail schedule amounts as
appropriate to reflect the added penalty provided for by this
section. In those cities, districts, or other issuing agencies which
elect to accept parking penalties, and otherwise process parking
violations pursuant to Article 3 (commencing with Section 40200) of
Chapter 1 of Division 17 of the Vehicle Code, that city, district, or
issuing agency shall observe the increased bail amounts as
established by the court reflecting the added penalty provided for by
this section. Each agency which elects to process parking violations
shall pay to the county treasurer two dollars and fifty cents
($2.50) for each fund for each parking penalty collected on each
violation which is not filed in court. Those payments to the county
treasurer shall be made monthly, and the county treasurer shall
deposit all those sums in the authorized fund. No issuing agency
shall be required to contribute revenues to any fund in excess of
those revenues generated from the surcharges established in the
resolution adopted pursuant to this chapter, except as otherwise
agreed upon by the local governmental entities involved.
(c) The county treasurer shall deposit one dollar ($1) of every
two dollars and fifty cents ($2.50) collected pursuant to subdivision
(b) into the general fund of the county.
(d) The authority to impose the two-dollar-and-fifty-cent ($2.50)
penalty authorized by subdivision (b) shall be reduced to one dollar
($1) as of the date of transfer of responsibility for facilities from
the county to the Judicial Council pursuant to Article 3 (commencing
with Section 70321) of Chapter 5.1, except as money is needed to pay
for construction provided for in Section 76100 and undertaken prior
to the transfer of responsibility for facilities from the county to
the Judicial Council.
(e) The seven-dollar ($7) additional penalty authorized by
subdivision (a) shall be reduced in each county by the additional
penalty amount assessed by the county for the local courthouse
construction fund established by Section 76100 as of January 1, 1998,
when the money in that fund is transferred to the state under
Section 70402. The amount each county shall charge as an additional
penalty under this section shall be as follows:

+----------+-----+-----------+-----+-----------+-----+
|Alameda |$5.00|Marin |$5.00|San Luis |$5.00|
| | | | |Obispo | |
+----------+-----+-----------+-----+-----------+-----+
|Alpine |$5.00|Mariposa |$2.50|San Mateo |$4.75|
+----------+-----+-----------+-----+-----------+-----+
| | | | |Santa | |
|Amador |$5.00|Mendocino |$7.00|Barbara |$3.50|
+----------+-----+-----------+-----+-----------+-----+
|Butte |$7.00|Merced |$4.75|Santa Clara|$5.50|
+----------+-----+-----------+-----+-----------+-----+
|Calaveras |$3.00|Modoc |$3.50|Santa Cruz |$7.00|
+----------+-----+-----------+-----+-----------+-----+
|Colusa |$6.00|Mono |$4.00|Shasta |$3.50|
+----------+-----+-----------+-----+-----------+-----+
|Contra | | | | | |
|Costa |$5.00|Monterey |$5.00|Sierra |$7.00|
+----------+-----+-----------+-----+-----------+-----+
|Del Norte |$7.00|Napa |$3.00|Siskiyou |$5.00|
+----------+-----+-----------+-----+-----------+-----+
|El Dorado |$5.00|Nevada |$4.75|Solano |$5.00|
+----------+-----+-----------+-----+-----------+-----+
|Fresno |$7.00|Orange |$5.29|Sonoma |$5.00|
+----------+-----+-----------+-----+-----------+-----+
|Glenn |$4.00|Placer |$4.75|Stanislaus |$5.00|
+----------+-----+-----------+-----+-----------+-----+
|Humboldt |$5.00|Plumas |$7.00|Sutter |$6.00|
+----------+-----+-----------+-----+-----------+-----+
|Imperial |$6.00|Riverside |$4.60|Tehama |$7.00|
+----------+-----+-----------+-----+-----------+-----+
|Inyo |$4.00|Sacramento |$5.00|Trinity |$4.50|
+----------+-----+-----------+-----+-----------+-----+
|Kern |$7.00|San Benito |$5.00|Tulare |$5.00|
+----------+-----+-----------+-----+-----------+-----+
|Kings |$7.00|San |$5.00|Tuolumne | |
| | |Bernardino | | |$7.00|
+----------+-----+-----------+-----+-----------+-----+
|Lake |$7.00|San Diego |$7.00|Ventura |$5.00|
+----------+-----+-----------+-----+-----------+-----+
| | |San | | | |
|Lassen |$2.00|Francisco |$6.99|Yolo |$7.00|
+----------+-----+-----------+-----+-----------+-----+
|Los | | | | | |
|Angeles |$5.00|San Joaquin|$3.75|Yuba |$3.00|
+----------+-----+-----------+-----+-----------+-----+
|Madera |$7.00| | | | |
+----------+-----+-----------+-----+-----------+-----+

76000.3. (a) Notwithstanding any other provision of law, for each
parking offense where a parking penalty, fine, or forfeiture is
imposed, an added penalty of three dollars ($3) shall be imposed in
addition to the penalty, fine, or forfeiture set by the city,
district, or other issuing agency.
(b) For each infraction parking violation for which a penalty or
fine is collected in the courts of the county, the county treasurer
shall transmit the penalty imposed pursuant to subdivision (a) to the
Treasurer for deposit in the Trial Court Trust Fund established by
Section 68085. These moneys shall be taken from the penalties, fines,
and forfeitures deposited with the county treasurer prior to any
division pursuant to Section 1463.009 of the Penal Code. The judges
of the county shall increase the bail schedule amounts as appropriate
for infraction parking violations to reflect the added penalty
provided for by subdivision (a).
(c) In those cities, districts, or other issuing agencies which
elect to accept parking penalties, and otherwise process parking
violations pursuant to Article 3 (commencing with Section 40200) of
Chapter 1 of Division 17 of the Vehicle Code, that city, district, or
issuing agency shall collect the added penalty imposed by this
section. Each agency that elects to process parking violations shall
pay to the Treasurer for deposit in the Trial Court Trust Fund three
dollars ($3) for each civil parking penalty collected on each
violation. Those payments to the Treasurer shall be made monthly.
(d) This section shall become operative 60 days after the
enactment of the Budget Act of 2010.
(e) This section shall become inoperative on July 1, 2013, and, as
of January 1, 2014, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2014, deletes or
extends the dates on which it becomes inoperative and is repealed.

76000.5. (a) (1) Except as otherwise provided in this section, 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 addition to the penalties set forth in Section
76000, the county board of supervisors may elect to levy an
additional penalty in the amount of two dollars ($2) for every ten
dollars ($10), or part of ten dollars ($10), upon every fine,
penalty, or forfeiture imposed and collected by the courts for all
criminal offenses, including violations of Division 9 (commencing
with Section 23000) of the Business and Professions Code relating to
the control of alcoholic beverages, and all offenses involving a
violation of the Vehicle Code or a local ordinance adopted pursuant
to the Vehicle Code. This penalty shall be collected together with
and in the same manner as the amounts established by Section 1464 of
the Penal Code.
(2) This additional penalty does not apply to the following:
(A) A restitution fine.
(B) A penalty authorized by Section 1464 of the Penal Code or this
chapter.
(C) A 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) Funds shall be collected pursuant to subdivision (a) only if
the county board of supervisors provides that the increased penalties
do not offset or reduce the funding of other programs from other
sources, but that these additional revenues result in increased
funding to those programs.
(c) Moneys collected pursuant to subdivision (a) shall be taken
from fines and forfeitures deposited with the county treasurer prior
to any division pursuant to Section 1463 of the Penal Code.
(d) Funds collected pursuant to this section shall be deposited
into the Maddy Emergency Medical Services (EMS) Fund established
pursuant to Section 1797.98a of the Health and Safety Code.
(e) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.

76000.10. (a) This section shall be known, and may be cited, as the
Emergency Medical Air Transportation Act.
(b) For purposes of this section:
(1) "Department" means the State Department of Health Care
Services.
(2) "Director" means the Director of the State Department of
Health Care Services.
(3) "Provider" means a provider of emergency medical air
transportation services.
(4) "Rotary wing" means a type of aircraft, commonly referred to
as a helicopter, that generates lift through the use of wings, known
as rotor blades, that revolve around a mast.
(5) "Fixed wing" means a type of aircraft, commonly referred to as
an airplane, that generates lift through the use of the forward
motion of the aircraft and wings that do not revolve around a mast
but are fixed in relation to the fuselage of the aircraft.
(6) "Air mileage rate" means the per-mileage reimbursement rate
paid for services rendered by rotary-wing and fixed-wing providers.
(c) (1) For the purpose of implementing this section, a penalty of
four dollars ($4) shall be imposed upon every conviction for a
violation of the Vehicle Code or a local ordinance adopted pursuant
to the Vehicle Code, except parking offenses subject to Article 3
(commencing with Section 40200) of Chapter 1 of Division 17 of the
Vehicle Code.
(2) The penalty described in this subdivision shall be in addition
to the state penalty assessed pursuant to Section 1464 of the Penal
Code. However, this penalty shall not be included in the base fine
used to calculate the state penalty assessment pursuant to
subdivision (a) of Section 1464 of the Penal Code, the state
surcharge levied pursuant to Section 1465.7 of the Penal Code,
Section 70372 of the Government Code, and to calculate the other
additional penalties levied pursuant to this chapter.
(d) The county board of supervisors shall establish in the county
treasury an emergency medical air transportation act fund into which
shall be deposited the moneys collected pursuant to this section.
Moneys in each county's fund, including interest and dividends earned
thereon, shall be held by the county treasurer separate from funds
subject to transfer or division pursuant to Section 1463 of the Penal
Code.
(e) (1) Within 30 days following the last day of each calendar
quarter of the year, the county treasurer shall transfer moneys in
the county's emergency medical air transportation act fund to the
Controller for deposit into the Emergency Medical Air Transportation
Act Fund, which is hereby established in the State Treasury.
Notwithstanding Section 16305.7, the Emergency Medical Air
Transportation Act Fund shall include interest and dividends earned
on money in the fund. Prior to the transfer of funds from the county'
s emergency medical air transportation act fund to the state, the
county treasurer may withhold a sufficient amount from the fund to
reimburse the county and the courts for their actual, reasonable, and
necessary costs associated with administering this section. To the
extent moneys are withheld by the county treasurer, an accounting
report detailing these costs shall be sent to the department at least
once per calendar year.
(2) The Emergency Medical Air Transportation Act Fund shall be
administered by the State Department of Health Care Services. Moneys
in the Emergency Medical Air Transportation Act Fund shall be made
available, upon appropriation by the Legislature, to the department
to be used as follows:
(A) For payment of the administrative costs of the department in
administering this section.
(B) Twenty percent of the fund remaining after payment of
administrative costs pursuant to subparagraph (A) shall be used to
offset the state portion of the Medi-Cal reimbursement rate for
emergency medical air transportation services.
(C) Eighty percent of the fund remaining after payment of
administrative costs pursuant to subparagraph (A) shall be used, to
augment emergency medical air transportation reimbursement payments
made through the Medi-Cal program, as set forth in paragraphs (3) and
(4).
(3) (A) The department shall seek to obtain federal matching funds
by using the moneys in the Emergency Medical Air Transportation Act
Fund for the purpose of augmenting Medi-Cal reimbursement paid to
emergency medical air transportation providers.
(B) The director shall do all of the following:
(i) By March 1, 2011, meet with medical air transportation
providers to determine the most appropriate methodology to distribute
the funds for medical air services.
(ii) Implement the methodology determined most appropriate in a
timely manner.
(iii) Develop the methodology in collaboration with the medical
air providers.
(iv) Submit any state plan amendments or waiver requests that may
be necessary to implement this section.
(v) Submit any state plan amendment or waiver request that may be
necessary to implement this section.
(vi) Seek federal approvals or waivers as may be necessary to
implement this section and to obtain federal financial participation
to the maximum extent possible for the payments under this section.
If federal approvals are not received, moneys in the fund may be
distributed pursuant to this section until federal approvals are
received.
(C) The director may give great weight to the needs of the
emergency medical air services providers, as discussed through the
development of the methodology.
(4) (A) Upon appropriation by the Legislature, the department
shall use moneys in the Emergency Medical Air Transportation Act Fund
and any federal matching funds to increase the Medi-Cal
reimbursement for emergency medical air transportation services in an
amount not to exceed normal and customary charges charged by the
providers.
(B) Notwithstanding any other provision of law, and pursuant to
this section, the department shall increase the Medi-Cal
reimbursement for emergency medical air transportation services
provided that both of the following conditions are met:
(i) Moneys in the Emergency Medical Air Transportation Act Fund
will cover the cost of increased payments pursuant to subparagraph
(A).
(ii) The state does not incur any General Fund expense to pay for
the Medi-Cal emergency medical air transportation services increase.
(e) The assessment of penalties pursuant to this section shall
terminate commencing January 1, 2016. Penalties assessed prior to
January 1, 2016, shall continue to be collected, administered, and
distributed pursuant to this section until exhausted or until June
30, 2017, whichever occurs first. On June 30, 2017, moneys remaining
unexpended and unencumbered in the Emergency Medical Air
Transportation Act Fund shall be transferred to the General Fund, to
be available, upon appropriation by the Legislature, for the purposes
of augmenting Medi-Cal reimbursement for emergency medical air
transportation and related costs, generally.
(f) Notwithstanding the rulemaking provisions of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 2 of the
Government Code, the department may implement, interpret, or make
specific this section and any applicable federal waivers and state
plan amendments by means of all county letters, plan letters, plan or
provider bulletins, or similar instructions without taking
regulatory action.
(g) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.