2009 California Government Code - Section 77200-77213 :: Article 3. State Finance Provisions

77200.  On and after July 1, 1997, the state shall assume sole
responsibility for the funding of court operations, as defined in
Section 77003 and Rule 10.810 of the California Rules of Court as it
read on January 1, 2007. In meeting this responsibility, the state
shall do all of the following:
   (a) Deposit in the Trial Court Trust Fund, for subsequent
allocation to or for the trial courts, all county funds remitted to
the state pursuant to Section 77201 until June 30, 1998, pursuant to
Section 77201.1 from July 1, 1998, until June 30, 2006, inclusive,
and pursuant to Section 77201.3, thereafter.
   (b) Be responsible for the cost of court operations incurred by
the trial courts in the 1997-98 fiscal year and subsequent fiscal
years.
   (c) Allocate funds to the individual trial courts pursuant to an
allocation schedule adopted by the Judicial Council, but in no case
shall the amount allocated to the trial court in a county be less
than the amount remitted to the state by the county in which that
court is located pursuant to paragraphs (1) and (2) of subdivision
(b) of Section 77201 until June 30, 1998, pursuant to paragraphs (1)
and (2) of subdivision (b) of Section 77201.1 from July 1, 1998,
until June 30, 2006, inclusive, and pursuant to paragraphs (1) and
(2) of subdivision (a) of Section 77201.3, thereafter.
   (d) The Judicial Council shall submit its allocation schedule to
the Controller at least five days before the due date of any
allocation.

77201.  (a) Commencing on July 1, 1997, no county shall be
responsible for funding court operations, as defined in Section 77003
and Rule 10.810 of the California Rules of Court as it read on
January 1, 2007.
   (b) In the 1997-98 fiscal year, each county shall remit to the
state in installments due on January 1, April 1, and June 30, the
amounts specified in paragraphs (1) and (2), as follows:
   (1) Except as otherwise specifically provided in this section,
each county shall remit to the state the amount listed below which is
based on an amount expended by the respective county for court
operations during the 1994-95 fiscal year:

  Jurisdiction                           Amount
  Alameda.....................     $ 42,045,093
  Alpine......................           46,044
  Amador......................          900,196
  Butte.......................        2,604,611
  Calaveras...................          420,893
  Colusa......................          309,009
  Contra Costa................       21,634,450
  Del Norte...................          780,786
  El Dorado...................        3,888,927
  Fresno......................       13,355,025
  Glenn.......................          371,607
  Humboldt....................        2,437,196
  Imperial....................        2,055,173
  Inyo........................          546,508
  Kern........................       16,669,917
  Kings.......................        2,594,901
  Lake........................          975,311
  Lassen......................          517,921
  Los Angeles.................      291,872,379
  Madera......................        1,242,968
  Marin.......................        6,837,518
  Mariposa....................          177,880
  Mendocino...................        1,739,605
  Merced......................        1,363,409
  Modoc.......................          114,249
  Mono........................          271,021
  Monterey....................        5,739,655
  Napa........................        2,866,986
  Nevada......................          815,130
  Orange......................       76,567,372
  Placer......................        6,450,175
  Plumas......................          413,368
  Riverside...................       32,524,412
  Sacramento..................       40,692,954
  San Benito..................          460,552
  San Bernardino..............       31,516,134
  San Diego...................       77,637,904
  San Francisco...............       31,142,353
  San Joaquin.................        9,102,834
  San Luis Obispo.............        6,840,067
  San Mateo...................       20,383,643
  Santa Barbara...............       10,604,431
  Santa Clara.................       49,876,177
  Santa Cruz..................        6,449,104
  Shasta......................        3,369,017
  Sierra......................           40,477
  Siskiyou....................          478,144
  Solano......................       10,780,179
  Sonoma......................        9,273,174
  Stanislaus..................        8,320,727
  Sutter......................        1,718,287
  Tehama......................        1,352,370
  Trinity.....................          620,990
  Tulare......................        6,981,681
  Tuolumne....................        1,080,723
  Ventura.....................       16,721,157
  Yolo........................        2,564,985
  Yuba........................          842,240

   (2) Except as otherwise specifically provided in this section,
each county shall also remit to the state the amount listed below
which is based on an amount of fine and forfeiture revenue remitted
to the state pursuant to Sections 27361 and 76000 of this code,
Sections 1463.001 and 1464 of the Penal Code, and Sections 42007,
42007.1, and 42008 of the Vehicle Code during the 1994-95 fiscal
year:

  Jurisdiction                           Amount
  Alameda.........................  $12,769,882
  Alpine..........................       58,757
  Amador..........................      377,005
  Butte...........................    1,437,671
  Calaveras.......................      418,558
  Colusa..........................      485,040
  Contra Costa....................    6,138,742
  Del Norte.......................      235,438
  El Dorado.......................    1,217,093
  Fresno..........................    4,505,786
  Glenn...........................      455,389
  Humboldt........................    1,161,745
  Imperial........................    1,350,760
  Inyo............................      878,321
  Kern............................    6,688,247
  Kings...........................    1,115,601
  Lake............................      424,070
  Lassen..........................      513,445
  Los Angeles.....................   89,771,310
  Madera..........................    1,207,998
  Marin...........................    2,700,045
  Mariposa........................      135,457
  Mendocino.......................      948,837
  Merced..........................    2,093,355
  Modoc...........................      122,156
  Mono............................      415,136
  Monterey........................    3,855,457
  Napa............................      874,219
  Nevada..........................    1,378,796
  Orange..........................   24,830,542
  Placer..........................    2,182,230
  Plumas..........................      225,080
  Riverside.......................   13,328,445
  Sacramento......................    7,548,829
  San Benito......................      346,451
  San Bernardino..................   11,694,120
  San Diego.......................   21,410,586
  San Francisco...................    5,925,950
  San Joaquin.....................    4,753,688
  San Luis Obispo.................    2,573,968
  San Mateo.......................    7,124,638
  Santa Barbara...................    4,094,288
  Santa Clara.....................   15,561,983
  Santa Cruz......................    2,267,327
  Shasta..........................    1,198,773
  Sierra..........................       46,778
  Siskiyou........................      801,329
  Solano..........................    3,757,059
  Sonoma..........................    2,851,883
  Stanislaus......................    2,669,045
  Sutter..........................      802,574
  Tehama..........................      761,188
  Trinity.........................      137,087
  Tulare..........................    2,299,167
  Tuolumne........................      440,496
  Ventura.........................    6,129,411
  Yolo............................    1,516,065
  Yuba............................      402,077

   (3) The installment due on January 1 shall be for 25 percent of
the amounts specified in paragraphs (1) and (2). The installments due
on April 1 and June 30 shall be prorated uniformly to reflect any
adjustments made by the Department of Finance, as provided in this
section. If no adjustment is made by April 1, 1998, the April 1,
1998, installment shall be for 15 percent of the amounts specified in
paragraphs (1) and (2). If no adjustment is made by June 30, 1998,
the June 30, 1998, installment shall be for the balance of the
amounts specified in paragraphs (1) and (2).
   (4) Except as otherwise specifically provided in this section,
county remittances specified in paragraphs (1) and (2) shall not be
increased in subsequent years.
   (5) Any change in statute or rule of court that either reduces the
bail schedule or redirects or reduces a county's portion of fee,
fine, and forfeiture revenue to an amount that is less than (A) the
fees, fines, and forfeitures retained by that county and (B) the
county's portion of fines and forfeitures transmitted to the state in
the 1994-95 fiscal year, shall reduce that county's remittance
specified in paragraph (2) by an equal amount. Nothing in this
paragraph is intended to limit judicial sentencing discretion.
   (c) The Department of Finance shall adjust the amount specified in
paragraph (1) of subdivision (b) that a county is required to submit
to the state, pursuant to the following:
   (1) A county shall submit a declaration to the Department of
Finance, no later than February 15, 1998, that the amount it is
required to submit to the state pursuant to paragraph (1) of
subdivision (b) either includes or does not include the costs for
local judicial benefits which are court operation costs as defined in
Section 77003 and Rule 10.810 of the California Rules of Court. The
trial courts in a county that submits such a declaration shall be
given a copy of the declaration and the opportunity to comment on the
validity of the statements in the declaration. The Department of
Finance shall verify the facts in the county's declaration and
comments, if any. Upon verification that the amount the county is
required to submit to the state includes the costs of local judicial
benefits, the department shall reduce on or before June 30, 1998, the
amount the county is required to submit to the state pursuant to
paragraph (1) of subdivision (b) by an amount equal to the cost of
those judicial benefits, in which case the county shall continue to
be responsible for the cost of those benefits. If a county disagrees
with the Department of Finance's failure to verify the facts in the
county's declaration and reduce the amount the county is required to
submit to the state pursuant to paragraph (1) of subdivision (b), the
county may request that the Controller conduct an audit to verify
the facts in the county's declaration. The Controller shall conduct
the requested audit which shall be at the requesting county's
expense. If the Controller's audit verifies the facts in the county's
declaration, the department shall reduce the amount the county is
required to submit to the state pursuant to paragraph (1) of
subdivision (b) by an amount equal to the amount verified by the
Controller's audit and the state shall reimburse the requesting
county for the cost of the audit.
   (d) The Department of Finance shall adjust the amount specified in
paragraph (1) of subdivision (b) of Section 77201.1 that a county is
required to submit to the state, pursuant to the following
procedures:
   (1) A county may submit a declaration to the Department of
Finance, no later than February 15, 1998, that declares that (A) the
county incorrectly reported county costs as court operations costs as
defined in Section 77003 in the 1994-95 fiscal year, and that
incorrect report resulted in the amount the county is required to
submit to the state pursuant to paragraph (1) of subdivision (b)
being too high, (B) the amount the county is required to submit to
the state pursuant to paragraph (1) of subdivision (b) includes
amounts that were specifically appropriated, funded, and expended by
a county or city and county during the 1994-95 fiscal year to fund
extraordinary one-time expenditures for court operation costs, or (C)
the amount the county is required to submit to the state pursuant to
paragraph (1) of subdivision (b) includes expenses that were funded
from grants or subventions from any source, for court operation costs
that could not have been funded without those grants or subventions
being available. A county submitting that declaration shall
concurrently transmit a copy of the declaration to the trial courts
of that county. The trial courts in a county that submits that
declaration shall have the opportunity to comment to the Department
of Finance on the validity of the statements in the declaration. Upon
receipt of the declaration and comments, if any, the Department of
Finance shall determine and certify which costs identified in the
county's declaration were incorrectly reported as court operation
costs or were expended for extraordinary one-time expenditures or
funded from grants or subventions in the 1994-95 fiscal year. The
Department of Finance shall reduce the amount a county must submit to
the state pursuant to paragraph (1) of subdivision (b) of Section
77201.1 by an amount equal to the amount the department certifies was
incorrectly reported as court operations costs or were expended for
extraordinary one-time expense or funded from grants or subventions
in the 1994-95 fiscal year. If a county disagrees with the Department
of Finance's failure to verify the facts in the county's declaration
and reduce the amount the county is required to submit to the state
pursuant to paragraph (1) of subdivision (b) of Section 77201.1, the
county may request that the Controller conduct an audit to verify the
facts in the county's declaration. The Controller shall conduct the
requested audit, which shall be at the requesting county's expense.
If the Controller's audit verifies the facts in the county's
declaration, the department shall reduce the amount the county is
required to submit to the state pursuant to paragraph (1) of
subdivision (b) of Section 77201.1 by an amount equal to the amount
verified by the Controller's audit and the state shall reimburse the
requesting county for the cost of the audit. A county shall provide,
at no charge to the court, any service for which the amount in
paragraph (1) of subdivision (b) of Section 77201.1 was adjusted
downward, if the county is required to provide that service at no
cost to the court by any other provision of law.
   (2) A court may submit a declaration to the Department of Finance,
no later than February 15, 1998, that the county failed to report
county costs as court operations costs as defined in Section 77003 in
the 1994-95 fiscal year, and that this failure resulted in the
amount the county is required to submit to the state pursuant to
paragraph (1) of subdivision (b) being too low. A court submitting
that declaration shall concurrently transmit a copy of the
declaration to the county. A county shall have the opportunity to
comment to the Department of Finance on the validity of statements in
the declaration and comments, if any. Upon receipt of the
declaration, the Department of Finance shall determine and certify
which costs identified in the court's declaration should have been
reported by the county as court operation costs in the 1994-95 fiscal
year and whether this failure resulted in the amount the county is
required to submit to the state pursuant to paragraph (1) of
subdivision (b) being too low. The Department of Finance shall notify
the county, the trial courts in the county, and the Judicial Council
of its certification and decision. Within 30 days, the county shall
either notify the Department of Finance, trial courts in the county,
and the Judicial Council that the county shall assume responsibility
for the costs the county has failed to report, or that the department
shall increase the amount the county is required to submit to the
state pursuant to paragraph (1) of subdivision (b) of Section 77201.1
by an amount equal to the amount certified by the department. A
county shall not be required to continue to provide services for
which the amount in paragraph (1) of subdivision (b) of Section
77201.1 was adjusted upward.
   (e) The Legislature hereby finds and declares that to ensure an
orderly transition to state trial court funding, it is necessary to
delay the adjustments to county obligation payments provided for by
Article 3 (commencing with Section 77200) of Chapter 13 of Title 8,
as added by Chapter 850 of the Statutes of 1997, until the 1998-99
fiscal year. The Legislature also finds and declares that since
increase adjustments to the county obligation amounts will not take
effect in the 1997-98 fiscal year, county charges for those services
related to the increase adjustments shall not occur in the 1997-98
fiscal year. It is recognized that the counties have an obligation to
provide, and the trial courts have an obligation to pay, for
services provided by the county pursuant to Section 77212. In the
1997-98 fiscal year, the counties shall charge for, and the courts
shall pay, these obligations consistent with paragraphs (1) and (2).
   (1) For the 1997-98 fiscal year, a county shall reduce the charges
to a court for those services for which the amount in paragraph (1)
of subdivision (b) of Section 77201.1 is adjusted upward, by an
amount equal to the lesser of the following:
   (A) The amount of the increase adjustment certified by the
department pursuant to paragraph (2) of subdivision (d).
   (B) The difference between the actual amount charged and paid for
from the trial court operations fund, and the amount charged in the
1994-95 fiscal year.
   (2) For the 1997-98 fiscal year, any funds paid out of the trial
court operations fund established pursuant to Section 77009 during
the 1997-98 fiscal year to pay for those services for which there was
an upward adjustment, shall be returned to the trial court
operations fund in the amount equal to the lesser of the following:
   (A) The amount of the increase adjustment certified by the
department pursuant to paragraph (2) of subdivision (d).
   (B) The difference between the actual amount charged and paid for
from the trial court operations fund, and the amount charged in the
1994-95 fiscal year.
   (3) The Judicial Council shall reduce the allocation to the courts
by an amount equal to the amount of any increase adjustment
certified by the Department of Finance, if the cost of those services
was used in determining the Judicial Council's allocation of funding
for the 1997-98 fiscal year.
   (4) In the event the charges are not reduced as provided in
paragraph (1) or the funds are not returned to the trial court
operations fund as provided in paragraph (2), the trial court
operations fund shall be refunded for the 1998-99 fiscal year. Funds
provided to the trial court operations fund pursuant to this
paragraph shall be available to the trial courts to meet financial
obligations incurred during the 1997-98 fiscal year. To the extent
that a trial court receives total resources for trial court funding
from the county and the state for the 1997-98 fiscal year that
exceeded the amount of the allocation approved by the Judicial
Council by November 30, 1997, these amounts shall be available for
expenditure in the 1998-99 fiscal year and the Judicial Council shall
reduce the 1998-99 fiscal year allocation of the court by an equal
amount.
   (f) Nothing in this section is intended to relieve a county of the
responsibility to provide necessary and suitable court facilities
pursuant to Section 68073.
   (g) Nothing in this section is intended to relieve a county of the
responsibility for justice-related expenses not included in Section
77003 which are otherwise required of the county by law, including,
but not limited to, indigent defense representation and
investigation, and payment of Division of Juvenile Justice charges.
   (h) The Department of Finance shall notify the county, trial
courts in the county, and Judicial Council of the final decision and
resulting adjustment.
   (i) On or before February 15, 1998, each county shall submit to
the Department of Finance a report of the amount it expended for
trial court operations as defined in Section 77003 and Rule 10.810 of
the California Rules of Court as it read on January 1, 2007, between
the start of the 1997-98 fiscal year and the effective date of this
section. The department shall reduce the amount a county is required
to remit to the state pursuant to paragraph (1) of subdivision (b) in
the 1997-98 fiscal year by an amount equal to the amount a county
expended for court operation costs between the start of the 1997-98
fiscal year and the effective date of this section. The department
shall also reduce the amount a county is required to remit to the
state pursuant to paragraph (2) of subdivision (b) in the 1997-98
fiscal year by an amount equal to the amount of fine and forfeiture
revenue that a county remitted to the state between the start of the
1997-98 fiscal year and the effective date of this section. The
department shall notify the county, the trial courts of the county,
and the Judicial Council of the amount it has reduced a county's
obligation to remit to the state pursuant to this subdivision.

77201.1.  (a) Commencing on July 1, 1997, no county shall be
responsible for funding court operations, as defined in Section 77003
and Rule 10.810 of the California Rules of Court as it read on
January 1, 2007.
   (b) Commencing in the 1999-2000 fiscal year, and each fiscal year
thereafter until the 2006-07 fiscal year, each county shall remit to
the state in four equal installments due on October 1, January 1,
April 1, and May 1, the amounts specified in paragraphs (1) and (2).
For the purpose of determining the counties' payments commencing in
the 2006-07 fiscal year, and each fiscal year thereafter, the amounts
listed in subdivision (a) of Section 77201.3 shall be used in lieu
of the amounts listed in this subdivision.
   (1) Except as otherwise specifically provided in this section,
each county shall remit to the state the amount listed below, which
is based on an amount expended by the respective county for court
operations during the 1994-95 fiscal year:

  Jurisdiction                           Amount
  Alameda.....................     $ 22,509,905
  Alpine......................                -
  Amador......................                -
  Butte.......................                -
  Calaveras...................                -
  Colusa......................                -
  Contra Costa................       11,974,535
  Del Norte...................                -
  El Dorado...................                -
  Fresno......................       11,222,780
  Glenn.......................                -
  Humboldt....................                -
  Imperial....................                -
  Inyo........................                -
  Kern........................        9,234,511
  Kings.......................                -
  Lake........................                -
  Lassen......................                -
  Los Angeles.................      175,330,647
  Madera......................                -
  Marin.......................                -
  Mariposa....................                -
  Mendocino...................                -
  Merced......................                -
  Modoc.......................                -
  Mono........................                -
  Monterey....................        4,520,911
  Napa........................                -
  Nevada......................                -
  Orange......................       38,846,003
  Placer......................                -
  Plumas......................                -
  Riverside...................       17,857,241
  Sacramento..................       20,733,264
  San Benito..................                -
  San Bernardino..............       20,227,102
  San Diego...................       43,495,932
  San Francisco...............       19,295,303
  San Joaquin.................        6,543,068
  San Luis Obispo.............                -
  San Mateo...................       12,181,079
  Santa Barbara...............        6,764,792
  Santa Clara.................       28,689,450
  Santa Cruz..................                -
  Shasta......................                -
  Sierra......................                -
  Siskiyou....................                -
  Solano......................        6,242,661
  Sonoma......................        6,162,466
  Stanislaus..................        3,506,297
  Sutter......................                -
  Tehama......................                -
  Trinity.....................                -
  Tulare......................                -
  Tuolumne....................                -
  Ventura.....................        9,734,190
  Yolo........................                -
  Yuba........................                -

   (2) Except as otherwise specifically provided in this section,
each county shall also remit to the state the amount listed below,
which is based on an amount of fee, fine, and forfeiture revenue
remitted to the state pursuant to Sections 27361 and 76000 of this
code, Sections 1463.001, 1463.07, and 1464 of the Penal Code, and
Sections 42007, 42007.1, and 42008 of the Vehicle Code during the
1994-95 fiscal year:

  Jurisdiction                          Amount
  Alameda......................... $ 9,912,156
  Alpine..........................      58,757
  Amador..........................     265,707
  Butte...........................   1,217,052
  Calaveras.......................     310,331
  Colusa..........................     397,468
  Contra Costa....................   4,486,486
  Del Norte.......................     124,085
  El Dorado.......................   1,028,349
  Fresno..........................   3,695,633
  Glenn...........................     360,974
  Humboldt........................   1,025,583
  Imperial........................   1,144,661
  Inyo............................     614,920
  Kern............................   5,530,972
  Kings...........................     982,208
  Lake............................     375,570
  Lassen..........................     430,163
  Los Angeles.....................  71,002,129
  Madera..........................   1,042,797
  Marin...........................   2,111,712
  Mariposa........................     135,457
  Mendocino.......................     717,075
  Merced..........................   1,733,156
  Modoc...........................     104,729
  Mono............................     415,136
  Monterey........................   3,330,125
  Napa............................     719,168
  Nevada..........................   1,220,686
  Orange..........................  19,572,810
  Placer..........................   1,243,754
  Plumas..........................     193,772
  Riverside.......................   7,681,744
  Sacramento......................   5,937,204
  San Benito......................     302,324
  San Bernardino..................   8,163,193
  San Diego.......................  16,166,735
  San Francisco...................   4,046,107
  San Joaquin.....................   3,562,835
  San Luis Obispo.................   2,036,515
  San Mateo.......................   4,831,497
  Santa Barbara...................   3,277,610
  Santa Clara.....................  11,597,583
  Santa Cruz......................   1,902,096
  Shasta..........................   1,044,700
  Sierra..........................      42,533
  Siskiyou........................     615,581
  Solano..........................   2,708,758
  Sonoma..........................   2,316,999
  Stanislaus......................   1,855,169
  Sutter..........................     678,681
  Tehama..........................     640,303
  Trinity.........................     137,087
  Tulare..........................   1,840,422
  Tuolumne........................     361,665
  Ventura.........................   4,575,349
  Yolo............................     880,798
  Yuba............................     289,325

   (3) Except as otherwise specifically provided in this section,
county remittances specified in paragraphs (1) and (2) shall not be
increased in subsequent years.
   (4) Except for those counties with a population of 70,000 or fewer
on January 1, 1996, the amount a county is required to remit
pursuant to paragraph (1) shall be adjusted by the amount equal to
any adjustment resulting from the procedures in subdivisions (c) and
(d) of Section 77201 as that section read on June 30, 1998, to the
extent a county filed an appeal with the Controller with respect to
the findings made by the Department of Finance. This paragraph shall
not be construed to establish a new appeal process beyond what was
provided by Section 77201, as that section read on June 30, 1998.
   (5) A change in statute or rule of court that either reduces the
bail schedule or redirects or reduces a county's portion of fee,
fine, and forfeiture revenue to an amount that is less than (A) the
fees, fines, and forfeitures retained by that county, and (B) the
county's portion of fines and forfeitures transmitted to the state in
the 1994-95 fiscal year, shall reduce that county's remittance
specified in paragraph (2) of this subdivision by an equal amount.
This paragraph is not intended to limit judicial sentencing
discretion.
   (6) In the 2005-06 fiscal year, the amount that the County of
Santa Clara is required to remit to the state under paragraph (2)
shall be reduced as described in this paragraph, rather than as
described in subdivision (b) of Section 68085.7. It is the intent of
the Legislature that this paragraph have retroactive effect.
   (A) For the County of Santa Clara, the remittance under this
subdivision for the 2005-06 fiscal year shall be reduced by an amount
equal to one-half of the amount calculated by subtracting the budget
reduction for the Superior Court of Santa Clara County for that
fiscal year attributable to the reduction of the counties' payment
obligation from thirty-one million dollars ($31,000,000) pursuant to
subdivision (a) of Section 68085.6 from the net civil assessments
received in that county in that fiscal year. "Net civil assessments"
as used in this paragraph means the amount of civil assessments
collected minus the costs of collecting those civil assessments,
under the guidelines of the Controller.
   (B) The reduction under this paragraph of the amount that the
County of Santa Clara is required to remit to the state for the
2005-06 fiscal year shall not exceed two million five hundred
thousand dollars ($2,500,000). If the reduction reaches two million
five hundred thousand dollars ($2,500,000), the amount the county is
required to remit to the state under paragraph (2) of subdivision (a)
of Section 77201.3 in each subsequent fiscal year shall be eight
million four hundred sixty-one thousand two hundred ninety-three
dollars ($8,461,293).
   (C) This paragraph does not affect the reduction of the annual
remittance for the County of Santa Clara as provided in Section
68085.2.
   (7) Notwithstanding the changes to the amounts in paragraph (2)
made by Section 68085.7 or any other section, the amounts in
paragraph (2) shall not be changed for purposes of the calculation
required by subdivision (a) of Section 77205.
   (c) This section is not intended to relieve a county of the
responsibility to provide necessary and suitable court facilities
pursuant to Section 70311.
   (d) This section is not intended to relieve a county of the
responsibility for justice-related expenses not included in Section
77003 which are otherwise required of the county by law, including,
but not limited to, indigent defense representation and
investigation, and payment of juvenile justice charges.
   (e) County base year remittance requirements specified in
paragraph (2) of subdivision (b) incorporate specific reductions to
reflect those instances where the Department of Finance has
determined that a county's remittance to both the General Fund and
the Trial Court Trust Fund during the 1994-95 fiscal year exceeded
the aggregate amount of state funding from the General Fund and the
Trial Court Trust Fund. The amount of the reduction was determined by
calculating the difference between the amount the county remitted to
the General Fund and the Trial Court Trust Fund and the aggregate
amount of state support from the General Fund and the Trial Court
Trust Fund allocated to the county's trial courts. In making its
determination of whether a county is entitled to a reduction pursuant
to paragraph (2) of subdivision (b), the Department of Finance
subtracted from county revenues remitted to the state, all moneys
derived from the fee required by Section 42007.1 of the Vehicle Code
and the parking surcharge required by subdivision (c) of Section
76000 of this code.
   (f) Notwithstanding subdivision (e), the Department of Finance
shall not reduce a county's base year remittance requirement, as
specified in paragraph (2) of subdivision (b), if the county's trial
court funding allocation was modified pursuant to the amendments to
the allocation formula set forth in paragraph (4) of subdivision (d)
of Section 77200, as amended by Chapter 2 of the Statutes of 1993, to
provide a stable level of funding for small county courts in
response to reductions in the General Fund support for the trial
courts.
   (g) In any fiscal year in which a county of the first class pays
the employer-paid retirement contribution for court employees, or
other employees of the county who provide a service to the court, and
the amounts of those payments are charged to the budget of the
courts, the sum the county is required to pay to the state pursuant
to paragraph (1) of subdivision (b) shall be increased by the actual
amount charged to the trial court up to twenty-three million five
hundred twenty-seven thousand nine hundred forty-nine dollars
($23,527,949) in that fiscal year. The county and the trial court
shall report to the Controller and the Department of Finance the
actual amount charged in that fiscal year.

77201.2.  All moneys required to be paid to the Trial Court Trust
Fund pursuant to Sections 77201, 77201.1, and 77201.3 shall be
considered delinquent if not received by the dates therein specified,
and shall be subject to the penalties set forth in Section 68085.

77201.3.  (a) Commencing with the 2006-07 fiscal year, and each
fiscal year thereafter, except as otherwise specifically provided in
this section, each county shall remit to the state the amounts
described in this subdivision in four equal installments due on
October 1, January 1, April 1, and May 1. The amounts listed in this
subdivision are in lieu of the amounts listed in subdivision (b) of
Section 77201.1. However, for purposes of the calculation required by
subdivision (a) of Section 77205, the amounts in paragraph (2) of
subdivision (b) of Section 77201.1 shall be used.
   (1) Each county shall remit to the state the amount listed below,
which is based on an amount expended by the respective county for
court operations during the 1994-95 fiscal year. The amount listed
for Los Angeles County includes the twenty-three million five hundred
twenty-seven thousand nine hundred forty-nine dollars ($23,527,949)
increase required by subdivision (g) of Section 77201.1.

  Jurisdiction                           Amount
  Alameda.....................     $ 22,509,905
  Alpine......................                -
  Amador......................                -
  Butte.......................                -
  Calaveras...................                -
  Colusa......................                -
  Contra Costa................       11,974,535
  Del Norte...................                -
  El Dorado...................                -
  Fresno......................       11,222,780
  Glenn.......................                -
  Humboldt....................                -
  Imperial....................                -
  Inyo........................                -
  Kern........................        9,234,511
  Kings.......................                -
  Lake........................                -
  Lassen......................                -
  Los Angeles.................      198,858,596
  Madera......................                -
  Marin.......................                -
  Mariposa....................                -
  Mendocino...................                -
  Merced......................                -
  Modoc.......................                -
  Mono........................                -
  Monterey....................        4,520,911
  Napa........................                -
  Nevada......................                -
  Orange......................       38,846,003
  Placer......................                -
  Plumas......................                -
  Riverside...................       17,857,241
  Sacramento..................       20,733,264
  San Benito..................                -
  San Bernardino..............       20,227,102
  San Diego...................       43,495,932
  San Francisco...............       19,295,303
  San Joaquin.................        6,543,068
  San Luis Obispo.............                -
  San Mateo...................       12,181,079
  Santa Barbara...............        6,764,792
  Santa Clara.................       28,689,450
  Santa Cruz..................                -
  Shasta......................                -
  Sierra......................                -
  Siskiyou....................                -
  Solano......................        6,242,661
  Sonoma......................        6,162,466
  Stanislaus..................        3,506,297
  Sutter......................                -
  Tehama......................                -
  Trinity.....................                -
  Tulare......................                -
  Tuolumne....................                -
  Ventura.....................        9,734,190
  Yolo........................                -
  Yuba........................                -

   (2) (A) This paragraph sets forth the amount of the revenue
maintenance of effort payment as modified by the reductions in
Sections 68085.2 and 68085.7, including, if applicable, any
adjustment made pursuant to paragraph (1) of subdivision (b) of
Section 68085.8.

  Jurisdiction                           Amount
  Alameda.....................      $ 7,529,814
  Alpine......................           58,459
  Amador......................          261,618
  Butte.......................          797,512
  Calaveras...................          298,247
  Colusa......................          394,002
  Contra Costa................        3,136,407
  Del Norte...................          120,598
  El Dorado...................          732,606
  Fresno......................        3,536,164
  Glenn.......................          293,014
  Humboldt....................          933,601
  Imperial....................        1,075,275
  Inyo........................          610,438
  Kern........................        5,247,051
  Kings.......................          759,717
  Lake........................          133,003
  Lassen......................          379,561
  Los Angeles.................       47,023,566
  Madera......................        1,025,684
  Marin.......................        2,010,028
  Mariposa....................          131,611
  Mendocino...................          441,037
  Merced......................        1,600,227
  Modoc.......................          103,798
  Mono........................          409,747
  Monterey....................        2,662,998
  Napa........................          710,832
  Nevada......................        1,197,947
  Orange......................       15,603,484
  Placer......................          835,467
  Plumas......................          154,384
  Riverside...................        7,108,548
  Sacramento..................        1,829,692
  San Benito..................          270,940
  San Bernardino..............        3,325,704
  San Diego...................       13,501,132
  San Francisco...............        3,123,814
  San Joaquin.................        2,158,803
  San Luis Obispo.............        1,754,131
  San Mateo...................        2,527,355
  Santa Barbara...............        3,117,677
  Santa Cruz..................        1,495,691
  Shasta......................          574,383
  Sierra......................           41,810
  Siskiyou....................          482,082
  Solano......................        1,931,765
  Sonoma......................        1,439,187
  Stanislaus..................        1,079,927
  Sutter......................          644,174
  Tehama......................          627,958
  Trinity.....................          102,233
  Tulare......................        1,345,686
  Tuolumne....................          277,573
  Ventura.....................        2,283,494
  Yolo........................          464,030
  Yuba........................          273,437

   (B) The amount remitted by the County of Santa Clara shall be ten
million nine hundred sixty-one thousand two hundred ninety-three
dollars ($10,961,293) reduced as described in clauses (i) and (ii).
   (i) The amount remitted by the County of Santa Clara pursuant to
this paragraph for each fiscal year shall be reduced by an amount
equal to one-half of the amount calculated by subtracting the budget
reduction for the Superior Court of Santa Clara County for that
fiscal year attributable to the reduction of the counties' payment
obligation from thirty-one million dollars ($31,000,000) pursuant to
subdivision (a) of Section 68085.6 from the net civil assessments
received in that county in that fiscal year. "Net civil assessments"
as used in this paragraph means the amount of civil assessments
collected minus the costs of collecting those civil assessments,
under the guidelines of the Controller.
   (ii) The reduction calculated pursuant to paragraph (i) shall not
exceed two million five hundred thousand dollars ($2,500,000) in any
fiscal year. If the reduction for a fiscal year reaches two million
five hundred thousand dollars ($2,500,000), the amount that the
county is required to remit to the state under this paragraph in that
fiscal year and in each subsequent fiscal year shall be eight
million four hundred sixty-one thousand two hundred ninety-three
dollars ($8,461,293).
   (b) Except as otherwise specifically provided in this section,
county remittances specified in subdivision (a) shall not be
increased in subsequent years.
   (c) Except for those counties with a population of 70,000, or
less, on January 1, 1996, the amount a county is required to remit
pursuant to paragraph (1) of subdivision (a) shall be adjusted by the
amount equal to any adjustment resulting from the procedures in
subdivisions (c) and (d) of Section 77201 as that section read on
June 30, 1998, to the extent a county filed an appeal with the
Controller with respect to the findings made by the Department of
Finance. This subdivision shall not be construed to establish a new
appeal process beyond what was provided by Section 77201, as that
section read on June 30, 1998.
   (d) Any change in statute or rule of court that either reduces the
bail schedule or redirects or reduces a county's portion of fee,
fine, and forfeiture revenue to an amount that is less than (1) the
fees, fines, and forfeitures retained by that county, and (2) the
county's portion of fines and forfeitures transmitted to the state in
the 1994-95 fiscal year, shall reduce that county's remittance
specified in paragraph (2) of subdivision (a) by an equal amount.
Nothing in this subdivision is intended to limit judicial sentencing
discretion.
   (e) Nothing in this section is intended to relieve a county of the
responsibility to provide necessary and suitable court facilities
pursuant to Section 68073.
   (f) Nothing in this section is intended to relieve a county of the
responsibility for justice-related expenses not included in Section
77003 which are otherwise required of the county by law, including,
but not limited to, indigent defense representation and
investigation, and payment of juvenile justice charges.

77202.  (a) The Legislature shall make an annual appropriation to
the Judicial Council for the general operations of the trial courts
based on the request of the Judicial Council. The Judicial Council's
trial court budget request, which shall be submitted to the Governor
and the Legislature, shall meet the needs of all trial courts in a
manner that ensures a predictable fiscal environment for labor
negotiations in accordance with the Trial Court Employment Protection
and Governance Act (Chapter 7 (commencing with Section 71600) of
Title 8), that promotes equal access to the courts statewide, and
that promotes court financial accountability. The annual budget
request shall include the following components:
   (1) Commencing with the 2006-07 fiscal year, annual General Fund
appropriations to support the trial courts shall be comprised of both
of the following:
   (A) The current fiscal year General Fund appropriations, which
include all of the following:
   (i) General Fund moneys appropriated for transfer or direct local
assistance in support of the trial courts.
   (ii) Transfers to the Judicial Administration Efficiency and
Modernization Fund.
   (iii) Local assistance grants made by the Judicial Council,
including the Equal Access Fund.
   (iv) The full year cost of budget change proposals approved
through the 2006-07 fiscal year or subsequently approved in
accordance with paragraph (2), but excluding lease-revenue payments
and funding for costs specifically and expressly reimbursed through
other state or federal funding sources, excluding the cost of
one-time or expiring programs.
   (B) A cost-of-living and growth adjustment computed by multiplying
the year-to-year percentage change in the state appropriation limit
as described in Section 3 of Article XIII B of the California
Constitution by the sum of all of the following:
   (i) The current year General Fund appropriations for the trial
courts, as defined in subparagraph (A).
   (ii) The amount of county obligations established pursuant to
subdivision (b) of Section 77201.1 in effect as of June 30, 2005, six
hundred ninety-eight million sixty-eight thousand dollars
($698,068,000).
   (iii) The level of funding required to be transferred from the
Trial Court Improvement Fund to the Trial Court Trust Fund pursuant
to subdivision (k) of Section 77209, thirty-one million five hundred
sixty-three thousand dollars ($31,563,000).
   (iv) Funding deposited into the Court Facilities Trust Fund
associated with each facility that was transferred to the state not
less than two fiscal years earlier than the fiscal year for which the
cost-of-living and growth adjustment is being calculated.
   (v) The court filing fees and surcharges projected to be deposited
into the Trial Court Trust Fund in the 2005-06 fiscal year, adjusted
to reflect the full-year implementation of the uniform civil fee
structure implemented on January 1, 2006, three hundred sixty-nine
million six hundred seventy-two thousand dollars ($369,672,000).
   (2) In addition to the moneys to be applied pursuant to
subdivision (b), the Judicial Council may identify and request
additional funding for the trial courts for costs resulting from the
implementation of statutory changes that result in either an
increased level of service or a new activity that directly affects
the programmatic or operational needs of the courts.
   (b) The Judicial Council shall allocate the funding from the Trial
Court Trust Fund to the trial courts in a manner that best ensures
the ability of the courts to carry out their functions, promotes
implementation of statewide policies, and promotes the immediate
implementation of efficiencies and cost-saving measures in court
operations, in order to guarantee access to justice to citizens of
the state.
   The Judicial Council shall ensure that allocations to the trial
courts recognize each trial court's implementation of efficiencies
and cost-saving measures.
   These efficiencies and cost-saving measures shall include, but not
be limited to, the following:
   (1) The sharing or merger of court support staff among trial
courts across counties.
   (2) The assignment of any type of case to a judge for all purposes
commencing with the filing of the case and regardless of
jurisdictional boundaries.
   (3) The establishment of a separate calendar or division to hear a
particular type of case.
   (4) In rural counties, the use of all court facilities for
hearings and trials of all types of cases and the acceptance of
filing documents in any case.
   (5) The use of alternative dispute resolution programs, such as
arbitration.
   (6) The development and use of automated accounting and
case-processing systems.
   (c) (1) The Judicial Council shall adopt policies and procedures
governing practices and procedures for budgeting in the trial courts
in a manner that best ensures the ability of the courts to carry out
their functions and may delegate the adoption to the Administrative
Director of the Courts. The Administrative Director of the Courts
shall establish budget procedures and an annual schedule of budget
development and management consistent with these rules.
   (2) The trial court policies and procedures shall specify the
process for a court to transfer existing funds between or among the
budgeted program components to reflect changes in the court's planned
operation or to correct technical errors. If the process requires a
trial court to request approval of a specific transfer of existing
funds, the Administrative Office of the Courts shall review the
request to transfer funds and respond within 30 days of receipt of
the request. The Administrative Office of the Courts shall respond to
the request for approval or denial to the affected court, in
writing, with copies provided to the Department of Finance, the
Legislative Analyst's Office, the Legislature's budget committees,
and the court's affected labor organizations.
   (3) The Judicial Council shall circulate for comment to all
affected entities any amendments proposed to the trial court policies
and procedures as they relate to budget monitoring and reporting.
Final changes shall be adopted at a meeting of the Judicial Council.

77202.5.  (a) The Judicial Council shall report all approved
allocations and reimbursements to the trial courts in each fiscal
year, including funding received through augmentations in accordance
with paragraph (2) of subdivision (a) of Section 77202, to the chairs
of the Senate Committees on Budget and Fiscal Review and Judiciary
and the Assembly Committees on Budget and Judiciary on or before
September 30 following the close of each fiscal year. The report
shall include all of the following:
   (1) A statement of the intended purpose for which each allocation
or reimbursement was made.
   (2) The policy governing trial court reserves.
   (b) The trial courts shall report to the Judicial Council on or
before September 15 following the close of each fiscal year all court
revenues, expenditures, reserves, and fund balances from the prior
fiscal year for funding from all fund sources. The report shall
specify all expenditures, including those associated with
administrative costs, by program, component, and object. The Judicial
Council shall summarize this information by court and report it to
the chairs of the Senate and Assembly Committees on Budget and the
Judiciary and post that information on a public Internet Web site on
or before December 31, 2009, and on or before December 31 following
the close of each fiscal year thereafter.
   (c) Nothing in this section is intended to restrict public access
to information otherwise authorized by statute, rule, or case law.

77203.  The Judicial Council may authorize a trial court to carry
unexpended funds over from one fiscal year to the next, provided that
the court carrying over the funds has fully implemented all
provisions of former Rule 991 of the California Rules of Court as it
read on July 1, 1996, regarding trial court coordination.

77204.  (a) The Judicial Council shall have the authority to
allocate funds appropriated annually to the State Trial Court Trust
Fund for the purpose of paying legal costs resulting from lawsuits or
claims involving the state, the Judicial Council, or a member or
employee of the Judicial Council or Administrative Office of the
Court and arising out of (1) the actions or conduct of a trial court,
trial court bench officer, or trial court employee, (2) a challenge
to a California rule of court, form, local trial court rule, or
policy, or (3) the actions or conduct of the Judicial Council or the
Administrative Office of the Court affecting one or more trial courts
and for which the state is named as a defendant or alleged to be the
responsible party.
   (b) For the purposes of this section, legal costs are defined to
be (1) the state's or Judicial Council's portion of any agreement,
settlement decree, stipulation, or stipulated judgment; (2) the state'
s or Judicial Council's portion of any payment required pursuant to a
judgment or order; or (3) attorneys' fees, legal assistant fees, and
any litigation costs and expenses, including, but not limited to,
experts' fees incurred by the state or Judicial Council.

77205.  (a) Notwithstanding any other provision of law, in any year
in which a county collects fee, fine, and forfeiture revenue for
deposit into the county general fund pursuant to Sections 1463.001
and 1464 of the Penal Code, Sections 42007, 42007.1, and 42008 of the
Vehicle Code, and Sections 27361 and 76000 of, and subdivision (f)
of Section 29550 of, the Government Code that would have been
deposited into the General Fund pursuant to these sections as they
read on December 31, 1997, and pursuant to Section 1463.07 of the
Penal Code, and that exceeds the amount specified in paragraph (2) of
subdivision (b) of Section 77201 for the 1997-98 fiscal year, and
paragraph (2) of subdivision (b) of Section 77201.1 for the 1998-99
fiscal year, and thereafter, the excess amount shall be divided
between the county or city and county and the state, with 50 percent
of the excess transferred to the state for deposit in the Trial Court
Improvement Fund and 50 percent of the excess deposited into the
county general fund. The Judicial Council shall allocate 80 percent
of the amount deposited in the Trial Court Improvement Fund pursuant
to this subdivision each fiscal year that exceeds the amount
deposited in the 2002-03 fiscal year among:
   (1) The trial court in the county from which the revenue was
deposited.
   (2) Other trial courts, as provided in paragraph (1) of
subdivision (a) of Section 68085.
   (3) For retention in the Trial Court Improvement Fund.
   For the purpose of this subdivision, fee, fine, and forfeiture
revenue shall only include revenue that would otherwise have been
deposited in the General Fund prior to January 1, 1998.
   (b) Any amounts required to be distributed to the state pursuant
to subdivision (a) shall be remitted to the Controller no later than
45 days after the end of the fiscal year in which those fees, fines,
and forfeitures were collected. This remittance shall be accompanied
by a remittance advice identifying the quarter of collection and
stating that the amount should be deposited in the Trial Court
Improvement Fund.
   (c) Notwithstanding subdivision (a), the following counties whose
base-year remittance requirement was reduced pursuant to subdivision
(c) of Section 77201.1 shall not be required to split their annual
fee, fine, and forfeiture revenues as provided in this section until
such revenues exceed the following amounts:

  County                                 Amount
  Placer......................      $ 1,554,677
  Riverside...................       11,028,078
  San Joaquin.................        3,694,810
  San Mateo...................        5,304,995
  Ventura.....................        4,637,294

77206.  (a) Notwithstanding any other provision of law, the Judicial
Council may regulate the budget and fiscal management of the trial
courts. The Judicial Council, in consultation with the Controller,
shall maintain appropriate regulations for recordkeeping and
accounting by the courts. The Judicial Council shall seek to ensure,
by these provisions, that (1) the fiscal affairs of the trial courts
are managed efficiently, effectively, and responsibly, and (2) all
moneys collected by the courts, including filing fees, fines,
forfeitures, and penalties, and all revenues and expenditures
relating to court operations are known. The Judicial Council may
delegate their authority under this section, when appropriate, to the
Administrative Director of the Courts.
   (b) Regulations, rules, and reporting requirements adopted
pursuant to this chapter shall be exempt from review and approval or
other processing by the Office of Administrative Law as provided for
in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3 of Title 2.
   (c) The Controller, at the request of the Legislature, may perform
and publish financial and fiscal compliance audits of the reports of
court revenues and expenditures. The Controller shall report the
results of these audits to the Legislature and the Judicial Council.
The Judicial Council or its representative may perform audits and
reviews of all court financial records wherever they may be located.
   (d) The Judicial Council shall provide for the transmission of
summary information concerning court revenues and expenditures to the
Controller.
   (e) The Judicial Council shall adopt rules to provide for
reasonable public access to budget allocation and expenditure
information at the state and local level.
   (f) The Judicial Council shall adopt rules ensuring that, upon
written request, the trial courts provide, in a timely manner,
information relating to the administration of the courts, including
financial information and other information that affects the wages,
hours, and working conditions of trial court employees.

77206.1.  (a) The presiding judge, or the person designated by the
presiding judge to authorize expenditures from the Trial Court
Operations Fund, shall approve no claim, and shall authorize no
warrant, for any obligation in excess of that authorized therefor in
the budget authorized by the Judicial Council.
   (b) The Administrative Director of the Courts shall advise the
Judicial Council, and the Judicial Council may appoint a person or
entity to manage the expenditures from the Trial Court Operations
Fund, of any court found to be in violation of this section.

77207.  The Legislature shall appropriate trial court funding. The
Controller shall apportion trial court funding payments to the courts
as provided in Section 68085 pursuant to an allocation schedule
adopted by the Judicial Council.

77207.5.  (a) The Judicial Council shall make monthly allocations to
the trial courts from the Trial Court Trust Fund for automated
administrative systems as provided in this section. These funds shall
be used for the development and implementation of automated systems
as described in subdivision (a) of Section 68090.8. As used in this
subdivision, "automated administrative systems" does not include
electronic reporting systems for use in a courtroom.
   (b) The amount allocated annually to each trial court shall be the
amount stated in this subdivision, which is based on the revenue
collected in the local 2 percent automation funds in the 1994-95
fiscal year. The amounts are as follows:

  Jurisdiction                           Amount
  Alameda......................        $424,792
  Alpine.......................           2,034
  Amador.......................          11,006
  Butte........................          59,332
  Calaveras....................          18,652
  Colusa.......................          13,708
  Contra Costa.................         218,186
  Del Norte....................          11,208
  El Dorado....................          54,374
  Fresno.......................         181,080
  Glenn........................          19,264
  Humboldt.....................          48,160
  Imperial.....................          67,678
  Inyo.........................          30,402
  Kern.........................         277,328
  Kings........................          57,026
  Lake.........................          20,328
  Lassen.......................          20,156
  Los Angeles..................       3,144,530
  Madera.......................          52,502
  Marin........................         114,766
  Mariposa.....................           3,904
  Mendocino....................          30,068
  Merced.......................          55,652
  Modoc........................           6,134
  Mono.........................          12,446
  Monterey.....................         183,464
  Napa.........................          30,550
  Nevada.......................          49,946
  Orange.......................         923,882
  Placer.......................          77,378
  Plumas.......................           9,206
  Riverside....................         532,226
  Sacramento...................         340,254
  San Benito...................          14,700
  San Bernardino...............         435,474
  San Diego....................         718,442
  San Francisco................         272,528
  San Joaquin..................         201,698
  San Luis Obispo..............         130,020
  San Mateo....................         329,518
  Santa Barbara................         162,858
  Santa Clara..................         452,782
  Santa Cruz...................         113,210
  Shasta.......................          44,394
  Sierra.......................           1,830
  Siskiyou.....................          37,000
  Solano.......................         119,364
  Sonoma.......................         119,004
  Stanislaus...................          88,718
  Sutter.......................          37,382
  Tehama.......................          28,100
  Trinity......................           7,648
  Tulare.......................         204,932
  Tuolumne.....................          16,642
  Ventura......................         205,304
  Yolo.........................          48,556
  Yuba.........................          15,788

77209.  (a) There is in the State Treasury the Trial Court
Improvement Fund.
   (b) The Judicial Council shall reserve funds for projects by
transferring 1 percent of the amount appropriated for support for
operation of the trial courts to the Trial Court Improvement Fund. At
least one-half of this amount shall be set aside as a reserve that
shall not be allocated prior to March 15 of each year unless
allocated to a court or courts for urgent needs.
   (c) Any funds in the Trial Court Improvement Fund that are
unencumbered at the end of the fiscal year shall be reappropriated to
the Trial Court Improvement Fund for the following fiscal year.
   (d) Moneys deposited in the Trial Court Improvement Fund shall be
placed in an interest-bearing account. Any interest earned shall
accrue to the fund and shall be disbursed pursuant to subdivision
(e).
   (e) Moneys deposited in the Trial Court Improvement Fund may be
disbursed for purposes of this section.
   (f) Moneys deposited in the Trial Court Improvement Fund pursuant
to Section 68090.8 shall be allocated by the Judicial Council for
automated administrative system improvements pursuant to that section
and in furtherance of former Rule 991 of the California Rules of
Court, as it read on July 1, 1996. As used in this subdivision,
"automated administrative system" does not include electronic
reporting systems for use in a courtroom.
   (g) Moneys deposited in the Trial Court Improvement Fund shall be
administered by the Judicial Council. The Judicial Council may, with
appropriate guidelines, delegate to the Administrative Director of
the Courts the administration of the fund. Moneys in the fund may be
expended to implement trial court projects approved by the Judicial
Council. Expenditures may be made to vendors or individual trial
courts that have the responsibility to implement approved projects.
   (h) Notwithstanding other provisions of this section, the
2-percent automation fund moneys deposited in the Trial Court
Improvement Fund pursuant to Section 68090.8 shall be allocated by
the Judicial Council to statewide initiatives related to trial court
automation and their implementation. The Judicial Council shall
allocate the remainder of the moneys deposited in the Trial Court
Improvement Fund as specified in this section.
   For the purposes of this subdivision, "2-percent automation fund"
means the fund established pursuant to Section 68090.8 as it read on
June 30, 1996. As used in this subdivision, "statewide initiatives
related to trial court automation and their implementation" does not
include electronic reporting systems for use in a courtroom.
   (i) Royalties received from the publication of uniform jury
instructions shall be deposited in the Trial Court Improvement Fund
and used for the improvement of the jury system.
   (j) The Judicial Council shall present an annual report to the
Legislature on the use of the Trial Court Improvement Fund. The
report shall include appropriate recommendations.
   (k) Each fiscal year, the Controller shall transfer thirty-one
million five hundred sixty-three thousand dollars ($31,563,000) from
the Trial Court Improvement Fund to the Trial Court Trust Fund for
allocation to trial courts for court operations.

77210.  (a) The state shall provide municipal court judges retired
under the Judges' Retirement System with retiree health, dental, and
vision care plans equal to and in the same manner as the health,
dental, and vision benefits provided to retired superior court
judges.
   (b) No judge shall have any salary or benefits reduced solely by
reason of the enactment of this section.

77211.  Any trial court may establish a "900" telephone number or
numbers for traffic, misdemeanor, and other telephonic arraignment,
for court scheduling, and for rendering tentative civil decisions,
provided the court provides an alternative method of obtaining the
service or information in a free and timely manner, and informs
individuals of this alternative in the message preceding the "900"
information. The proceeds from these "900" telephone numbers shall be
continuously and solely appropriated to the use of that court for
staff, information, and data-processing services for the purposes
specified in this section.

77212.  (a) The State of California, the counties of California, and
the trial courts of California, recognize that a unique and
interdependent relationship has evolved between the courts and the
counties over a sustained period of time. While it is the intent of
this act to transfer all fiscal responsibility for the support of the
trial courts from the counties to the State of California, it is
imperative that the activities of the state, the counties, and the
trial courts be maintained in a manner that ensures that services to
the people of California not be disrupted. Therefore, to this end,
during the 1997-98 fiscal year, commencing on July 1, 1997, counties
shall continue to provide and courts shall continue to use, county
services provided to the trial courts on July 1, 1997, including, but
not limited to: auditor/controller services, coordination of
telephone services, data-processing and information technology
services, procurement, human resources services, affirmative action
services, treasurer/tax collector services, county counsel services,
facilities management, and legal representation. These services shall
be provided to the court at a rate that shall not exceed the costs
of providing similar services to county departments or special
districts. If the cost was not included in the county base pursuant
to paragraph (1) of subdivision (b) of Section 77201 or was not
otherwise charged to the court prior to July 1, 1997, and were court
operation costs as defined in Section 77003 in fiscal year 1994-95,
the court may seek adjustment of the amount the county is required to
submit to the state pursuant Section 77201.
   (b) In fiscal year 1998-99 commencing on July 1, 1998, and
thereafter the county may give notice to the court that the county
will no longer provide a specific service except that the county
shall cooperate with the court to ensure that a vital service for the
court shall be available from the county or other entities that
provide the service. The notice must be given at least 90 days prior
to the end of the fiscal year and shall be effective only upon the
first day of the succeeding fiscal year.
   (c) In fiscal year 1998-99, commencing on July 1, 1998, and
thereafter, the court may give notice to the county that the court
will no longer use a specific county service. The notice shall be
given at least 90 days prior to the end of the fiscal year and shall
be effective only upon the first day of the succeeding fiscal year.
However, for three years from the effective date of this section, a
court shall not terminate a service that involved the acquisition of
equipment, including, but not limited to, computer and data
processing systems, financed by a long-term financing plan whereby
the county is dependent upon the court's continued financial support
for a portion of the cost of the acquisition.
   (d) (1) If a trial court desires to receive or continue to receive
a specific service from a county or city and county as provided in
subdivision (c), and the county or city and county desires to provide
or continue to provide that service as provided in subdivision (b),
the presiding judge of that court and the county or city and county
shall enter into a contract for that service. The contract shall
identify the scope of service, method of service delivery, term of
agreement, anticipated service outcomes, and the cost of the service.
The court and the county or city and county shall cooperate in
developing and implementing the contract.
   For any contract entered into after January 1, 2002, the amount of
any indirect or overhead costs shall be individually stated in any
contract together with the method of calculation of the indirect or
overhead costs. This amount shall not contain items that are not
otherwise allowable court operations. The Judicial Council may audit
the county figures to ensure compliance with this section and to
determine the reasonableness of the figures.
   (2) This subdivision applies to services to be provided in fiscal
year 1999-2000 and thereafter.

77213.  (a) There is in the State Treasury the Judicial
Administration Efficiency and Modernization Fund.
   (b) Moneys deposited into this fund shall be administered by the
Judicial Council, subject to appropriation by the Legislature. The
Judicial Council may, with appropriate guidelines, delegate to the
Administrative Office of the Courts the administration of the fund.
Moneys in the fund may be expended to promote improved access,
efficiency, and effectiveness in trial courts that have unified to
the fullest extent permitted by law. Moneys in the fund may be
expended to implement projects approved by the Judicial Council.
Expenditures may be made to vendors or individual trial courts that
have the responsibility to implement approved projects. Projects
approved by the Judicial Council may include, but are not limited to,
the following:
   (1) Support the payment for cost of judicial officers or court
staff who participate in in-state education programs, or to support
local trial court education programs.
   (2) Improved technology including information systems programming
or equipment upgrades that meet standards approved by the Judicial
Council and that promote efficiency and access to justice, or other
technology that promotes access, efficiency, or security.
   (3) Retain experienced jurists by establishing incentives of
enhanced judicial benefits and educational sabbaticals, not to exceed
120 days every five years, as provided for by rules of court adopted
by the Judicial Council.
   (4) Acquire improved legal research through the use of law clerks
or technology.
   (c) Annually, the Judicial Council shall adopt criteria,
timelines, and procedures for the allocation of funds to support
activities for the benefit of qualified courts. The Judicial Council
may allocate funding to pay program costs directly, contract with
courts, and permanently reallocate funding to courts subject to the
following limitations:
   (1) Not more than 20 percent of the fund may be permanently
reallocated pursuant to paragraph (1) of subdivision (b). The
Judicial Council shall develop a plan which will permit the extension
of the benefits to all judges of the state at such time when the
trial courts of all counties have unified to the maximum extent
permitted by law.
   (2) Not more than 40 percent may be permanently reallocated to
trial courts for any other purpose approved by the Judicial Council.
   (3) The Judicial Council shall retain at least 40 percent of the
funding to support annual allocations for improvement projects and
programs in qualifying courts.
   (4) Written notice shall be given to the Director of the
Department of Finance and the Joint Legislative Budget Committee of
any permanent reallocation.
   (d) Except as specified in this section, the funding in the
Judicial Administration Efficiency and Modernization Fund shall be
subject to the expenditures as specified in Section 77205. Any funds
in the Judicial Administration Efficiency and Modernization Fund that
are unencumbered at the end of the fiscal year shall be retained in
the Judicial Administration Efficiency and Modernization Fund for the
following fiscal year.
   (e) Moneys deposited in the Judicial Administration Efficiency and
Modernization Fund shall be placed in an interest-bearing account.
Any interest earned shall accrue to the fund and shall be disbursed
pursuant to subdivision (f).
   (f) Money deposited in the Judicial Administration Efficiency and
Modernization Fund may be disbursed for purposes of this section.