Panel Kills Measure to Add Surcharge to Traffic Fines

Despite pleas on behalf of several counties, the Assembly Judiciary Committee Tuesday rejected a bill to tack new penalty assessments on traffic fines to raise money to build new courthouses.

San Diego County officials, who say they badly need much more courtroom space than the overcrowded and dilapidated downtown courthouse can provide, said the measure by state Sen. Marian Bergeson (R-Newport Beach) might have raised $400,000 a year.

But members of the committee argued that penalty assessments on traffic fines have become confusing and gotten out of hand.

“It makes no sense,” said Assemblyman Richard Robinson (D-Garden Grove), noting that penalty assessments cost more than the fines themselves in some counties.

Bergeson’s bill would have added $1.50 for each parking fine and $1 for each $10 in fines for other traffic offenses in San Diego, Orange, Alameda, Contra Costa, Santa Clara and Sacramento counties.

With other assessments already in place for police training, victim assistance programs and some court remodeling projects, a $21 fine would actually cost $54 in some counties if Bergeson’s bill were enacted into law. A $500 fine could cost as much as $1,050.

The state Judicial Council, which opposed Bergeson’s bill, said it is unreasonable for penalty assessments to exceed the fines themselves. The American Civil Liberties Union said it was unfair because others besides traffic offenders use courthouses and should help to pay for them.

Assemblyman Elihu Harris (D-Oakland) urged Bergeson to consider revamping traffic fine schedules for the whole state--not just the six counties her bill would affect--then consider earmarking a portion for courthouse construction and other needs.

“What is the primary purpose of these assessments?” Harris asked. “Is it to deter unlawful action? Or is it to raise revenues?”

Although it will take some rule waivers regarding legislative deadlines, Bergeson said after the vote that she would still ask the committee to reconsider the measure next month. The bill fell two votes short of passage in Tuesday’s 4-2 vote. But with four members of the committee either absent or abstaining, Bergeson said, there is still a chance.

San Diego officials were hoping Bergeson’s bill would make a dent in the $420 million they say they will need during the next decade to construct new criminal justice facilities.