2007 California Government Code Article 8. Transitional Funding

CA Codes (gov:70401-70404)

70401.  There is hereby established in the State Treasury the
Transitional State Court Facilities Construction Fund.  For each
facility transferred to the state that is subject to bonded
indebtedness and for which a revenue source is also transferred to
the state, pursuant to subdivision (b) of Section 70325, a separate
account shall be established in the fund to receive and disburse
moneys for that facility.  The county shall continue to collect and
transmit to the Controller for deposit in the fund the moneys
transferred to service the debt on the facility.  The fund shall
cease to exist when all debt transferred to the state pursuant to
Section 70325 has been paid.



70402.  (a) Any amount in a county's courthouse construction fund
established by Section 76100, a fund established by Section 70622 in
the County of Riverside, a fund established by Section 70624 in the
County of San Bernardino, and a fund established by Section 70625 in
the City and County of San Francisco, shall be transferred to the
State Court Facilities Construction Fund at the later of the
following dates:
   (1) The date of the last transfer of responsibility for court
facilities from the county to the Judicial Council or December 31,
2009, whichever is earlier.
   (2) The date of the final payment of the bonded indebtedness for
any court facility that is paid from that fund is retired.
   (b) If the responsibility for one or more facilities does not
transfer, the county's courthouse construction fund shall retain that
portion of the total money in the fund as the square footage of the
facilities that do not transfer bears to the total square footage of
court facilities in that county.



70403.  (a) Each county shall submit a report to the Administrative
Director of the Courts and the Director of Finance accounting for all
receipts and expenditures from the local courthouse construction
fund established pursuant to Section 76100 for the period from
January 1, 1998, to the date of transfer of the fund pursuant to
subdivision (a) of Section 70402 or December 31, 2005, whichever is
earlier.
   (b) If the county retains the fund under subdivision (a) of
Section 70325 for payment on existing bonded indebtedness of a
courthouse facility, the county shall submit annual updates on all
receipts and expenditures from the local courthouse construction
fund, within 90 days of the end of each fiscal year, to the
Administrative Director of the Courts and the Director of Finance.
   (c) Any expenditures made from the fund for a purpose other than
those specified in Section 76100 must be repaid to the state for
deposit in the State Court Facilities Construction Fund pursuant to
Section 70402. Either the Administrative Director of the Courts or
the Director of the Department of Finance may provide the county with
notice that an expenditure made from the fund was for a purpose
other than as specified in Section 76100. If the county disagrees
with the determination, it may appeal the determination to the Court
Facilities Dispute Resolution Committee pursuant to Section 70303.
   (d) On or before January 1, 2007, and on or before each January 1,
thereafter, the Judicial Council shall submit a report to the budget
and fiscal committees of the Legislature based on the information
received from counties pursuant to this section, including any
amounts required to be repaid by counties.



70404.  (a) Except as specified in subdivision (b) and
notwithstanding any other provision of law, no county may make any
expenditure or encumber any future funds from the county courthouse
construction fund established pursuant to Section 76100, without the
approval of the Administrative Director of the Courts.
   (b) No county may be required to obtain the approval of the
Administrative Director of the Courts for any expenditure of county
courthouse construction funds for any of the following purposes:
   (1) Repayment of existing bonded indebtedness, as defined in
subdivision (a) of Section 70301, that has been issued, sold, or
delivered, and any refunding of existing bonded indebtedness that has
been issued, sold, or delivered, to achieve monetary savings to the
county with respect to a building, as defined in subdivision (b) of
Section 70301.
   (2) Payment of any pending phase or phases of a maintenance
project, as specified in subdivision (d) of Section 70326.
   (3) Payment for any pending phase or phases of a project involving
court facilities, as specified in  Section 70331.
   (4) Payment for any portion of a county court facility made from
county courthouse construction funds with respect to a lease, as
permitted under subdivision (d) of Section 70359.
   (c) Notwithstanding subdivision (c) of Section 70326, if the
Administrative Director of the Courts denies an expenditure from, or
the encumbrance of any funds from, the county courthouse construction
fund pursuant to subdivision (a), for the purpose of correcting a
deficiency or deficiencies in a court facility, as specified in
subdivision (b) of Section 70326, that deficiency or deficiencies may
not be used as the grounds for rejection of the transfer of
responsibility for that court facility to the Judicial Council if
both of the following apply:
   (1) The county subsequently agrees to make the expenditure from,
or to encumber, the local courthouse construction fund, or any other
funds, in the same amount and under the same conditions as originally
proposed in the request to expend or encumber.
   (2) That expenditure or encumbrance would have corrected the
deficiency or deficiencies had the Administrative Director of the
Courts approved the expenditure or encumbrance at the time of the
request for approval.
   (d) No county may extend the term of bonded indebtedness for which
county courthouse construction funds are encumbered without the
approval of the Administrative Director of the Courts.
   (e) This section shall become inoperative on July 1, 2007, or on
the date that the authority to transfer responsibility for a court
facility from a county to the Judicial Council pursuant to Section
70321 has lapsed, whichever is later; and as of the following January
1 is repealed, unless a later enacted statute that is enacted before
that January 1, deletes or extends the dates on which it becomes
inoperative and is repealed.