2005 California Government Code Sections 70391-70394 Article 7. Authority and Responsibility

GOVERNMENT CODE
SECTION 70391-70394

70391.  The Judicial Council, as the policymaking body for the
judicial branch, shall have the following responsibilities and
authorities with regard to court facilities, in addition to any other
responsibilities or authorities established by law:
   (a) Exercise full responsibility, jurisdiction, control, and
authority as an owner would have over trial court facilities whose
title is held by the state, including, but not limited to, the
acquisition and development of facilities.
   (b) Exercise the full range of policymaking authority over trial
court facilities, including, but not limited to, planning,
construction, acquisition, and operation, to the extent not expressly
otherwise limited by law.
   (c) Dispose of surplus court facilities following the transfer of
responsibility under Article 3 (commencing with Section 70321),
subject to all of the following:
   (1) If the property was a court facility previously the
responsibility of the county, the Judicial Council shall comply with
the requirements of Section 11011, and as follows, except that,
notwithstanding any other provision of law, the proportion of the net
proceeds that represents the proportion of other state funds used on
the property other than for operation and maintenance shall be
returned to the fund from which it came and the remainder of the
proceeds shall be deposited in the State Court Facilities
Construction Fund.
   (2) The Judicial Council shall consult with the county concerning
the disposition of the facility.  Notwithstanding any other law,
including Section 11011, when requested by the transferring county, a
surplus facility shall be offered to that county at fair market
value prior to being offered to any other state agency or other local
government agency.
   (3) The Judicial Council shall consider whether the potential new
or planned use of the facility:
   (A) Is compatible with the use of other adjacent public buildings.
   (B) Unreasonably departs from the historic or local character of
the surrounding property or local community.
   (C) Has a negative impact on the local community.
   (D) Unreasonably interferes with other governmental agencies that
use or are located in or adjacent to the building containing the
court facility.
   (E) Is of sufficient benefit to outweigh the public good in
maintaining it as a court facility or building.
   (4) All funds received for disposal of surplus court facilities
shall be deposited by the Judicial Council in the State Court
Facilities Construction Fund.
   (5) If the facility was acquired, rehabilitated, or constructed,
in whole or in part, with money in the State Court Facilities
Construction Fund that was deposited in that fund from the state
fund, any funds received for disposal of that facility shall be
apportioned to the state fund and the State Court Facilities
Construction Fund in the same proportion that the original cost of
the building was paid from the state fund and other sources of the
State Court Facilities Construction Fund.
   (d) Conduct audits of all of the following:
   (1) The collection of fees by the local courts.
   (2) The money in local courthouse construction funds established
pursuant to Section 76100.
   (e) Establish policies, procedures, and guidelines for ensuring
that the courts have adequate and sufficient facilities, including,
but not limited to, facilities planning, acquisition, construction,
design, operation, and maintenance.
   (f) Establish and consult with local project advisory groups on
the construction of new trial court facilities, including the trial
court, the county, state agencies, bar groups, and members of the
community.
   (g) Manage court facilities in consultation with the trial courts.
   (h) Allocate appropriated funds for court facilities maintenance
and construction, subject to the other provisions of this chapter.
   (i) Manage shared-use facilities to the extent required by the
agreement under Section 70343.
   (j) Prepare funding requests for court facility construction,
repair, and maintenance.
   (k) Implement the design, bid, award, and construction of all
court construction projects, except as delegated to others.
   (l) Provide for capital outlay projects that may be built with
funds appropriated or otherwise available for these purposes as
follows:
   (1) Approve five-year and master plans for each district.
   (2) Establish priorities for construction.
   (3) Recommend to the Governor and the Legislature the projects to
be funded by the State Court Facilities Construction Fund.
   (4) Submit the cost of projects proposed to be funded to the
Department of Finance for inclusion in the Governor's Budget.
   (m) In carrying out its responsibilities and authority under this
section, the Judicial Council shall consult with the local court for:
   (1) Selecting and contracting with facility consultants.
   (2) Preparing and reviewing architectural programs and designs for
court facilities.
   (3) Preparing strategic master and five-year capital facilities
plans.
   (4) Major maintenance of any facility.
70392.   Except as otherwise specifically provided by law, the
Administrative Office of the Courts shall have the following
responsibilities and authority in addition to other responsibilities
and authority granted by law or delegated by the Judicial Council:
   (a) Notwithstanding any other provision of law and subject to the
appropriation of funds, provide the ongoing oversight, management,
operation, and maintenance of facilities used by the trial courts, if
the responsibility for the facility has been transferred to the
Judicial Council pursuant to this chapter.
   (b) Carry out the Judicial Council's policies with regard to trial
court facilities, except as otherwise expressly limited by law.
   (c) Develop for Judicial Council approval the master plans for
trial court facilities in each district.
   (d) Construction of court buildings, including, but not limited
to, selection of architects and contractors, except as otherwise
expressly limited by law.
   (e) Delegate its responsibilities and authority to the local trial
court for court facilities used by that court.
70393.  The county shall have the following authority and
responsibilities with regard to court facilities in addition to any
other authority or responsibilities established by law:
   (a) Manage the shared-use buildings whose title the county retains
under subdivision (b) of Section 70323.
   (b) Make recommendations to the court and the Judicial Council for
the location of new court facilities.
   (c) Provide services to local court facilities as provided in the
agreement entered into under Section 70322.
   (d) Indemnify the state for any liability imposed on the state
pursuant to the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.), or related
provisions for conditions that existed on the property at the time of
transfer whether or not known to the county.
70394.  (a) The Judicial Council shall establish a task force on
county law libraries.  The task force is charged with identifying the
needs related to county law library operations and facilities, and
identifying and making recommendations for funding county law library
operations, facility improvements, and expansion.
   (b) The task force shall consist of three representatives from the
judicial branch of government, as selected by the Administrative
Director of the Courts, three representatives of the counties, as
selected by the California State Association of Counties, and three
county law library administrators, as selected by the Council of
California County Law Librarians.  The Administrative Director of the
Courts shall designate one of these representatives as chairperson
of the task force.
   (c) The Administrative Office of the Courts shall provide staff
support for the task force and shall develop guidelines for
procedures and practices for the task force.
   (d) The duties of the task force shall include all of the
following:
   (1) Review the state of existing county law libraries.
   (2) Examine existing standards for county law library operations.
   (3) Document the funding mechanisms currently available for the
maintenance and operation of county law library facilities.
   (4) Recommend funding sources and financing mechanisms for support
of county law library operations and facility maintenance.
   (e) The task force shall be appointed on or before March 1, 2004.
The task force shall submit its report and recommendations to the
Judicial Council and the Legislature on or before January 1, 2005.
   (f) The Judicial Council shall implement this section using
existing resources.  Any costs for counties and county law librarians
to assist in the implementation of this section shall be  at county
or county law librarians' expense, respectively.


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