Bill Text: CA AB2225 | 2011-2012 | Regular Session | Amended

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Bill Title: Courts: video trial pilot program: infractions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2012-08-27 - Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(c). [AB2225 Detail]

Download: California-2011-AB2225-Amended.html

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BILL NUMBER: AB 2225	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 23, 2012
	AMENDED IN SENATE  JULY 6, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Perea

                        FEBRUARY 24, 2012

    An act to amend Sections 9274, 30459.4, 32474, 40214,
41174, 43525, 45870, 46625, 50156.14, 55335, and 60633.1 of the
Revenue and Taxation Code, relating to taxation.   An
act to add and repeal Article 5.5 (commencing with Section 68625) of
Chapter 2 of Title 8 of the Government Code, relating to the courts.




	LEGISLATIVE COUNSEL'S DIGEST


   AB 2225, as amended, Perea.  State Board of Equalization:
erroneous charges.   Courts: video trial pilot program:
infractions.  
   Existing law, the Trial Court Delay Reduction Act, requires the
Judicial Council to adopt standards of timely disposition for the
processing and disposition of civil and criminal actions. The act
requires each superior court to establish a delay reduction program
for limited civil cases in consultation with the local bar that is
consistent with the act, and authorizes the Judicial Council to adopt
procedures, standards, or policies for a delay reduction program for
limited civil cases in superior courts on a statewide basis that are
consistent with the act. 
   Existing law provides that a traffic referee has the same
jurisdiction, and may exercise the same powers and duties, as a judge
of the court with respect to any infraction. Existing law authorizes
the court to order any person convicted of a traffic violation to
attend a licensed traffic violator school, as specified.  
   This bill would authorize the Superior Court of Fresno County to
establish a 3-year pilot program to permit trials and proceedings to
be conducted using remote 2-way video trials for traffic infractions
and any infraction violation of compulsory attendance laws by a
parent or guardian. The bill would require the Judicial Council to
report its findings on the pilot program, including its
recommendations as to whether the program should be expanded
throughout the state, to the Legislature on or before July 1, 2016.
 
   Existing law requires the State Board of Equalization to
administer the Sales and Use Tax Law, Use Fuel Tax Law, Cigarette and
Tobacco Products Tax Law, Alcoholic Beverage Tax Law, Energy
Resources Surcharge Law, Emergency Telephone Users Surcharge Act,
Hazardous Substances Tax Law, Integrated Waste Management Fee Law,
Oil Spill Response, Prevention, and Administration Fees Law,
Underground Storage Tank Maintenance Fee Law, Fee Collection
Procedures Law, and Diesel Fuel Tax Law, and authorizes the board to
undertake collection action on delinquent accounts, including issuing
a levy or notice to withhold. Under existing sales and use tax laws,
a taxpayer may file a claim with the board for reimbursement of bank
charges or any other reasonable 3rd-party check charge fees incurred
by the taxpayer as a direct result of an erroneous levy or notice to
withhold by the board or erroneous processing or collection action,
within 90 days of the date of the board action. Under the other laws,
a taxpayer may only file a claim for those charges or fees incurred
as a direct result of an erroneous levy or notice to withhold.
 
   This bill would extend to those other laws, the authorization for
a taxpayer to also file a reimbursement claim with the board for bank
charges and other reasonable 3rd-party check charge fees incurred as
a direct result of an erroneous processing action or erroneous
collection action by the board within 90 days of the board action.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Article 5.5 (commencing with Section
68625) is added to Chapter 2 of Title 8 of the   Government
Code   , to read:  

      Article 5.5.  Video Trial Pilot Program


   68625.  The Superior Court of Fresno County may establish a
three-year pilot program to permit trials and proceedings to be
conducted using remote two-way video trials for a violation of the
Education Code or the Vehicle Code that is punishable as an
infraction pursuant to either of the following:
   (a) Section 48293 of the Education Code.
   (b) Any provision of the Vehicle Code, other than Article 2
(commencing with Section 23152) of Chapter 12 of Division 11 of the
Vehicle Code.
   (c) Any local ordinance adopted pursuant to the Vehicle Code.
   68626.  (a) The Judicial Council shall report its findings on the
pilot program to the Legislature on or before July 1, 2016. The
report shall include its recommendations as to whether the program
should be expanded throughout the state.
   (b) The report to be submitted pursuant to subdivision (a) shall
be submitted in compliance with Section 9795.
   68627.  This article shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.  All matter omitted in this version of the bill
appears in the bill as amended in the Senate, July 6, 2012. (JR11)