2005 California Government Code Sections 70371-70379 Article 6. State Court Facilities Construction Fund

GOVERNMENT CODE
SECTION 70371-70379

70371.  There is hereby established the State Court Facilities
Construction Fund, the proceeds of which shall be subject to the
provisions of this article.  Improvement of the court facilities and
the construction funds generated by this article are intended to
further reasonable access to the courts and judicial process
throughout the state for all parties.
70372.  (a) Except as otherwise provided in this article, there
shall be levied a state court construction penalty, in addition to
any other state or local penalty including, but not limited to, the
penalty provided by Section 1464 of the Penal Code and Section 76000
of the Government Code, in an amount equal to five dollars ($5) for
every ten dollars ($10) or fraction thereof, upon every fine,
penalty, or forfeiture imposed and collected by the courts for
criminal offenses, including, but not limited to, all offenses,
except parking offenses, as defined in subdivision (i) of Section
1463 of the Penal Code, involving a violation of a section of the
Fish and Game Code, the Health and Safety Code, or the Vehicle Code
or any local ordinance adopted pursuant to the Vehicle Code.  Any
bail schedule adopted pursuant to Section 1269b of the Penal Code may
include the necessary amount to pay the state penalties established
by this section, by Section 1464 of the Penal Code, and Chapter 12
(commencing with Section 76000) of Title 8 of the Government Code for
all matters where a personal appearance is not mandatory and the
bail is posted primarily to guarantee payment of the fine.  After a
determination by the court of the amount due, the clerk of the court
shall collect the penalty and transmit it immediately to the county
treasury and the county treasurer shall transmit these sums as
provided in subdivision (f).
   (b) In addition to the penalty provided by subdivision (a), for
every parking offense where a parking penalty, fine, or forfeiture is
imposed, an added state court construction penalty of one dollar and
fifty cents ($1.50) shall be included in the total penalty, fine, or
forfeiture.  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.  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 one dollar and fifty cents ($1.50) for the parking
penalty imposed by this section for each violation which is not filed
in court.  Those payments to the county treasurer shall be made
monthly, and the county treasurer shall transmit these sums as
provided in subdivision (f).
   (c) Where multiple offenses are involved, the state court
construction penalty shall be based upon the total fine or bail for
each case.  When a fine is suspended, in whole or in part, the state
court construction penalty shall be reduced in proportion to the
suspension.
   (d) When any deposited bail is made for an offense to which this
section applies, and for which a court appearance is not mandatory,
the person making the deposit shall also deposit a sufficient amount
to include the state court construction penalty prescribed by this
section for forfeited bail. If bail is returned, the state court
construction penalty paid thereon pursuant to this section shall also
be returned.
   (e) In any case where a person convicted of any offense, to which
this section applies, is in prison until the fine is satisfied, the
judge may waive all or any part of the state court construction
penalty, the payment of which would work a hardship on the person
convicted or his or her immediate family.
   (f) Within 45 days after the end of the month that moneys are
deposited in the county treasury pursuant to subdivision (a) or (b),
the county treasurer shall transmit the moneys to the State
Controller, to be deposited in the State Court Facilities
Construction Fund.
70374.  (a) The Judicial Council shall annually recommend to the
Governor and the Legislature the amount proposed to be spent for
projects paid for with money in the State Court Facilities
Construction Fund.  The use of the appropriated money is subject to
subdivision (l) of Section 70391.
   (b) Acquisition and construction of court facilities shall be
subject to the State Building Construction Act of 1955 (commencing
with Section 15800) and the Property Acquisition Law (commencing with
Section 15850), except that, (1) notwithstanding any other provision
of law, the Administrative Office of the Courts shall serve as an
implementing agency upon approval of the Department of Finance, and
(2) the provisions of subdivision (e) shall prevail.  Acquisition and
construction of facilities are not subject to the provisions of the
Public Contract Code, but shall be subject to facilities contracting
policies and procedures adopted by the Judicial Council after
consultation and review by the Department of Finance.
   (c) Money in the State Court Facilities Construction Fund shall
only be used for either of the following:
   (1) To acquire, rehabilitate, construct, or finance court
facilities, as defined by subdivision (e) of Section 70302.
   (2) To rehabilitate one or more existing court facilities in
conjunction with the construction, acquisition, or financing of one
or more new court facilities.
   (d) Twenty-five percent of all money collected for the State Court
Facilities Construction Fund from any county shall be designated for
implementation of trial court projects in that county.  The Judicial
Council shall determine the local projects after consulting with the
trial court in that county and based on the locally approved trial
court facilities master plan for that county.
   (e) The following provisions shall prevail over provisions of the
State Building Construction Act of 1955 (Part 10.6 (commencing with
Section 15800) of Division 3 of Title 2) in regard to buildings
subject to this section.
   (1) The Administrative Office of the Courts shall be responsible
for the operation, including, but not limited to, the maintenance and
repair, of all court facilities whose title is held by the state.
Notwithstanding Section 15807, the operation of buildings under this
section shall be the responsibility of the Judicial Council.
   (2) Notwithstanding Section 15808.1, the Judicial Council shall
have the responsibility for determining whether a building under this
act shall be located within or outside of an existing public transit
corridor.
   (3) The buildings under this section are subject to Section
15814.12 concerning cogeneration and alternative energy sources at
the request of, or with the consent of, the Judicial Council.  Any
building acquired by the state pursuant to this section on or before
July 1, 2007, is not subject to subdivision (b) of Section 15814.12
concerning acquiring of cogeneration or alternative energy equipment
if the building when acquired, already had cogeneration or
alternative energy equipment.  Section 15814.17 only applies to
buildings to which the Judicial Council has given its consent under
subdivision (a) of Section 15814.12.
70375.  (a) This article shall take effect on January 1, 2003, and
the fund, penalty, and fee assessment established by this article
shall become operative on January 1, 2003, except as otherwise
provided in this article.
   (b) In each county, the amount authorized by Section 70372 shall
be reduced by the following:
   (1) The amount collected for deposit into the local courthouse
construction fund established pursuant to Section 76100.
   (2) The amount collected for transmission to the state for
inclusion in the Transitional State Court Facilities Construction
Fund established pursuant to Section 70401 to the extent it is funded
by money from the local courthouse construction fund.
   (c) The authority for all of the following shall expire
proportionally on the June 30th following the date of transfer of
responsibility for facilities from the county to the Judicial
Council, except so long as money is needed to pay for construction
provided for in those sections and undertaken prior to the transfer
of responsibility for facilities from the county to the Judicial
Council:
   (1) An additional penalty for a local courthouse construction fund
established pursuant to Section 76100.
   (2) A filing fee surcharge in the County of Riverside established
pursuant to Section 70622.
   (3) A filing fee surcharge in the County of San Bernardino
established pursuant to Section 70624.
   (4) A filing fee surcharge in the City and County of San Francisco
established pursuant to Section 70625.
   (d) For purposes of subdivision (c), the term "proportionally"
means that proportion of the fee or surcharge that shall expire upon
the transfer of responsibility for a facility that is the same
proportion as the square footage that facility bears to the total
square footage of court facilities in that county.
70376.  It is the intent of the Legislature that funding for
courthouse alteration, renovation, and construction be funded by
money in the State Court Facilities Construction Fund and additional
money as necessary from the state.
70377.  (a) Any amounts required to be transmitted by a county to
the Controller pursuant to this article shall be remitted no later
than 45 days after the end of the month in which the penalties were
collected.  Any remittance made later than this time shall be
considered delinquent and subject to the penalties specified in this
section.
   (b) Upon receipt of any delinquent payment required pursuant to
this section, the Controller shall calculate a penalty on any
delinquent payment by multiplying the amount of the delinquent
payment at a daily rate equivalent to 11/2 percent per month for the
number of days the payment is delinquent.
   (c) Penalty amounts calculated pursuant to subdivision (b) shall
be paid by the county to the Controller no later than 45 days after
the end of the month in which the penalty was calculated.  All money
received by the Controller under this section shall be deposited in
the State Court Facilities Construction Fund.
   (d) If the penalty imposed by this section results from a court's
failure to comply with the requirements for timely deposit of money
with the county treasury, the court shall reimburse the county
general fund in an amount equal to the actual penalty.
Notwithstanding Section 77009, the court may pay this penalty from
money received from the Trial Court Trust Fund.  This section does
not require an increase in a court's allocation from the Trial Court
Trust Fund.
70378.  The State Court Facilities Construction Fund shall be
invested in the Surplus Money Investment Fund and all interest earned
shall be allocated to the State Court Facilities Construction Fund
semiannually and shall be allocated as otherwise provided in this
article.
70379.  (a) The Court Facilities Architecture Revolving Fund is
hereby established in the State Treasury, and, notwithstanding
Section 13340, the fund is continuously appropriated, without regard
to fiscal years.
   (1) With the approval of the Department of Finance, and except as
otherwise specified in this section, there shall be transferred to,
or deposited in, the fund all money appropriated, contributed, or
made available from any source, including sources other than state
appropriations, for the purposes described in paragraph (2).
   (2) Moneys transferred to, or deposited in, the fund shall be
those administered by the Administrative Office of the Courts under
subdivision (b) of Section 70374 for the construction, alteration,
repair, and improvement of trial and appellate court buildings,
including, but not limited to, services, new construction, major
construction, minor construction, maintenance, improvements, and
equipment, and other building and improvement projects.
   (3) In addition to the approval of the Department of Finance, the
transfer or deposit of moneys into the fund shall be authorized by
the Administrative Office of the Courts, both with regard to funds
appropriated for the purposes specified in paragraph (2) or, as to
funds from sources other than state appropriations, subject to any
written agreement between the contributor or contributors of funds
and the Administrative Office of the Courts.
   (b) Money from state sources transferred to, or deposited in, the
fund for construction, services, equipment, repair, or improvement
shall be an amount necessary based on the actual, known, or firm
fixed price, upon approval of the Department of Finance.
   Any amount available in the state appropriation that is in excess
of the amount necessary based upon final actual costs of the
completed contract shall be transferred immediately to the credit of
the fund from which the appropriation was made.
   (c) Money transferred or deposited in the fund pursuant to
subdivision (a) shall be available for expenditure by the
Administrative Office of the Courts for the purposes for which
appropriated, contributed, or made available, without regard to
fiscal years.



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