Article 6 - State Court Facilities Construction Fund

California Government Code — §§ 70371-70379

Sections (13)

Amended by Stats. 2021, Ch. 79, Sec. 17. (AB 143) Effective July 16, 2021.

(a)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.

(b)The State Court Facilities Construction Fund is the successor fund of

the Immediate and Critical Needs Account, which is hereby abolished. All assets and revenues of the Immediate and Critical Needs Account shall be transferred to and become a part of the State Court Facilities Construction Fund. Outstanding liabilities, encumbrances, and legally required expenditures from the Immediate and Critical Needs Account shall be the obligation of the State Court Facilities Construction Fund. Any reference in state law, bond documents, leases, or other agreements to the Immediate and Critical Needs Account shall be construed to refer to the State Court Facilities Construction Fund.

(c)Any funds in the Immediate and Critical Needs Account that are unencumbered at the end of the 2020–2021 fiscal year shall be reappropriated to the State Court Facilities Construction Fund for the following fiscal year.

(d)Moneys deposited in the State Court Facilities

Construction Fund as the successor fund to the Immediate and Critical Needs Account shall be disbursed for purposes previously appropriated from the Immediate and Critical Needs Account, which may include:

(1)The planning, design, construction, rehabilitation, renovation, replacement, or acquisition of court facilities.

(2)Payment or repayment for moneys appropriated for lease of court facilities pursuant to the issuance of lease-revenue bonds.

(3)Payment for lease or rental of court facilities or payment of service contracts, including those made for facilities in which one or more private sector participants or counties undertake some of the risks associated with the financing, design, construction, or operation of the facility.

(4)For trial court

operations, as defined in Section 77003.

§ 70371.6

Added by Stats. 2008, Ch. 311, Sec. 5.5. Effective January 1, 2009.

The Judicial Council is authorized to acquire sites for the replacement of deficient court facilities within the Counties of Butte (New North County Courthouse), Los Angeles (New Southeast Los Angeles Courthouse), Tehama (New Red Bluff Courthouse), and Yolo (New Woodland Courthouse), as identified in the Immediate Needs Priority Group identified by the Judicial Branch Five-Year Infrastructure Plan, as adopted by the Judicial Council on April 25, 2008.

§ 70371.7

Amended by Stats. 2021, Ch. 79, Sec. 19. (AB 143) Effective July 16, 2021.

(a)Prior to seeking the State Public Works Board establishment of the scope and cost, the Judicial Council shall submit a report to the Joint Legislative Budget Committee describing the scope, budget, schedule, number of courtrooms, number of secure holding cells, and square footage of administrative support space to be constructed or renovated. If the Joint Legislative Budget Committee fails to take any action with respect to each report within 30 days after submittal, this inaction shall be deemed to be approval for the purposes of this section, and the Judicial Council is authorized to proceed to acquire real property and complete preliminary plans.

(b)(1) Upon certification of the availability of funds within the

State Court Facilities Construction Fund and the establishment of the project scope and cost by the State Public Works Board, notwithstanding any other provision of law, the Judicial Council is authorized to acquire real property and to complete preliminary plans for the superior court capital outlay projects adopted by the Judicial Council on October 24, 2008, identified in the Update to Trial Court Capital-Outlay Plan and Prioritization Methodology, or most recent version thereof.

(2)It is the intent of the Legislature that funding for working drawings and construction be appropriated in the next annual Budget Act following approval by the State Public Works Board of preliminary plans completed pursuant to paragraph (1).

(3)The scope and cost of the projects, including augmentations, authorized by this section shall be subject to

approval and administrative oversight by the State Public Works Board pursuant to Section 13332.11 or 13332.19. For purposes of this section, the availability of an augmentation for each individual project shall be calculated based on the total capital outlay cost as established by the board.

(c)(1) The Judicial Council shall submit to the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget a long-term fund condition statement for the State Court Facilities Construction Fund in conjunction with any future funding request for capital outlay to demonstrate that there is sufficient revenue to fully support all existing debt or capital outlay obligations as well as the full project cost for the proposed project for which the Judicial Council requests funding.

(2)This subdivision shall not apply to a capital outlay request pertaining to the construction of the new court facility projects approved in the Budget Act of 2018.

§ 70371.9

Amended by Stats. 2019, Ch. 497, Sec. 149. (AB 991) Effective January 1, 2020.

(a)(1) The Judicial Council shall conduct, or contract with an independent contractor to conduct, a reassessment of those projects identified in its Update to Trial Court Capital-Outlay Plan and Prioritization Methodology adopted on October 24, 2008, or the most recent version of that update, if any. Other projects may be included for reassessment at the discretion of the Judicial Council. The reassessment shall be submitted to the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget by December 31, 2019.

(2)The Judicial Council may exclude from the reassessment those projects that were canceled prior to June 30, 2018, and those that were approved in the Budget Act of 2018.

(b)A project subject to this section shall be reassessed and ranked, at minimum, on each of the following:

(1)The criteria identified in the Update to Trial Court Capital-Outlay Plan and Prioritization Methodology adopted on October 24, 2008, or the most recent version of that update, if any.

(2)The level of seismic risk, environmental hazards, and other health and safety hazards.

(3)The impact on court users, including, but not limited to, the level of public access to court services, such as accessibility to the courthouse.

(4)The cost avoidance or savings that would be achieved due to the project through operational or organizational efficiencies created for the court or the

state.

(5)Ways to minimize increased ongoing costs, including, but not limited to, trial court security and operating and maintenance costs.

(6)A comparison of the cost to repair or renovate the existing facility versus the cost of replacement.

(7)The projected cost of each proposed project, per court user.

(8)The total costs spent on the project as of the date of the assessment.

§ 70372

Amended by Stats. 2021, Ch. 79, Sec. 21. (AB 143) Effective July 16, 2021.

(a)(1) Except as otherwise provided in this article, there shall be levied a state court construction penalty, in the amount of five dollars ($5) for every ten dollars ($10), or part of ten dollars ($10), upon every fine, penalty, or forfeiture imposed and collected by the courts for all criminal offenses, including, but not limited to, all offenses 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. This penalty is 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.

(2)This construction penalty does not apply to the

following:

(A)Any restitution fine.

(B)Any penalty authorized by Section 1464 of the Penal Code or Chapter 12 (commencing with Section 76000) of Title 8.

(C)Any parking offense subject to Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code.

(D)The state surcharge authorized by Section 1465.7 of the Penal Code.

(3)Any bail schedule adopted pursuant to Section 1269b of the Penal Code or adopted by the Judicial Council pursuant to Section 40310 of the Vehicle Code may include the necessary amount to pay the penalty established by this section, the penalties authorized by Section 1464 of the Penal Code and Chapter 12 (commencing with Section 76000) of

Title 8, and the surcharge authorized by Section 1465.7 of the Penal 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 four dollars and fifty cents ($4.50) 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 subdivision. Each agency that elects to process parking violations shall pay to the county treasurer four dollars and fifty cents ($4.50) for the parking penalty imposed by this subdivision for each violation that 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 paragraph (2) of subdivision (f). In the event these payments were deposited in a local courthouse construction fund and expended pursuant to the provisions of Chapter 592 of the Statutes of 2003, no county or processing agency shall be liable for the failure to transmit the payments to the Controller during the 2008

calendar year.

(c)If multiple offenses are involved, the state court construction penalty under subdivision (a) shall be based upon the total fine or bail for each case. If a fine is suspended, in whole or in part, the state court construction penalty under subdivision (a) shall be reduced in proportion to the suspension.

(d)If 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 subdivision (a) for forfeited bail. If bail is returned, the state court construction penalty paid thereon pursuant to subdivision (a) 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 their

immediate family.

(f)Within 45 days after the end of the month that moneys are deposited in the county treasury pursuant to subdivisions (a) and (b), the county treasurer shall transmit the moneys to the Controller to be deposited into the State Court Facilities Construction Fund.

§ 70373

Amended by Stats. 2021, Ch. 79, Sec. 22. (AB 143) Effective July 16, 2021.

(a)(1) To ensure and maintain adequate funding for court facilities, an assessment shall be imposed on every conviction for a criminal offense, including a traffic offense, except parking offenses as defined in subdivision (i) of Section 1463 of the Penal Code, involving a violation of a section of the Vehicle Code or any local ordinance adopted pursuant to the Vehicle Code. The assessment shall be imposed in the amount of thirty dollars ($30) for each misdemeanor or felony and in the amount of thirty-five dollars ($35) for each infraction.

(2)For the purposes of this section, “conviction” includes the dismissal of a traffic violation on the condition that the defendant attend a court-ordered

traffic violator school, as authorized by Sections 41501 and 42005 of the Vehicle Code. This assessment shall be deposited in accordance with subdivision (d), and may not be included with the fee calculated and distributed pursuant to Section 42007 of the Vehicle Code.

(b)This assessment shall be in addition to the state penalty assessed pursuant to Section 1464 of the Penal Code and may not be included in the base fine to calculate the state penalty assessment as specified in subdivision (a) of Section 1464 of the Penal Code. The penalties authorized by Chapter 12 (commencing with Section 76000), and the state surcharge authorized by Section 1465.7 of the Penal Code, do not apply to this assessment.

(c)When bail is deposited for an offense to which this section applies, and for which a court appearance is not necessary, the person making the deposit also shall deposit a

sufficient amount to include the assessment prescribed by this section.

(d)Notwithstanding any other law, the assessments collected pursuant to subdivision (a) shall all be deposited in a special account in the county treasury and transmitted therefrom monthly to the Controller for deposit in the State Court Facilities Construction Fund, established in Section 70371.

(e)The Judicial Council shall provide for the administration of this section.

§ 70374

Amended by Stats. 2021, Ch. 79, Sec. 23. (AB 143) Effective July 16, 2021.

(a)The Judicial Council shall annually recommend to the Governor and the Legislature the amount proposed to be spent for projects paid for with moneys in the State Court Facilities Construction Fund. The use of the appropriated moneys 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 (Part 10b (commencing with Section 15800) of Division 3 of Title 2) and the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2), 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)Moneys in the State Court Facilities Construction Fund shall only be used for either of the following:

(1)The planning, design, construction, rehabilitation, renovation, replacement, leasing, or acquisition of court facilities, as defined by subdivision (d) of Section 70301.

(2)The rehabilitation of one or more existing court facilities in conjunction with the construction, acquisition, or financing of one or more new court facilities.

(d)The following provisions shall prevail over provisions of the State Building Construction Act of 1955 (Part 10b (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. 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 the 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 the acquisition 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.

§ 70374.2

Added by Stats. 2007, Ch. 176, Sec. 58. Effective August 24, 2007.

Notwithstanding subdivision (d) of Section 70374, in order to ensure that funding is available to support the construction of the new court facility projects approved in the Budget Act of 2007, the Judicial Council shall not commit to additional expenditures from the State Court Facilities Construction Fund above the amount appropriated in the Budget Act of 2007 unless the expenditures are replaced with increased funds to the fund.

§ 70375

Amended by Stats. 2010, Ch. 709, Sec. 4. (SB 1062) Effective January 1, 2011.

(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)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.

(c)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

Added by Stats. 2002, Ch. 1082, Sec. 4. Effective January 1, 2003.

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

Amended by Stats. 2021, Ch. 79, Sec. 24. (AB 143) Effective July 16, 2021.

(a)Amounts required to be transmitted by a county, city and county, or court to the state pursuant to this section shall be remitted to the State Treasurer no later than 45 days after the end of the month in which the fees, assessments, or penalties were collected. This remittance shall be accompanied by remittance advice identifying the collection month and that the remittance is to be deposited into the State Court Facilities Construction

Fund. Any remittance made later than this time shall be considered delinquent and subject to the interest and penalties specified in this section.

(b)Upon receipt of delinquent payment required pursuant to this section, the Controller shall do the following:

(1)Calculate the interest on the delinquent payment by multiplying the amount of the delinquent payment at a daily rate equivalent to the rate of return on money deposited in the Local Agency Investment Fund pursuant to Section 16429.1 from the date the payment was originally due to either 30 days after the date of the issuance by the Controller of the final audit report concerning the failure to pay or the date of payment by the entity responsible for the delinquent payment, whichever comes first. In calculating the interest under this paragraph, the Controller shall apply the

average monthly Local Agency Investment Fund rate over the period of delinquency.

(2)Calculate a penalty at a daily rate equivalent to 11/2percent per month from the date 30 days after the date of the issuance by the Controller of the final audit report concerning the failure to pay.

(c)Interest or penalty amounts calculated pursuant to subdivision (b) shall be paid by the county, city and county, or court to the State Court Facilities Construction Fund no later than 45 days after the end of the month in which the interest or penalty was calculated. Payment shall be made by the

entity responsible for the error or other action that caused the failure to pay, as determined by the Controller in a notice given to that party by the Controller.

(d)Notwithstanding Section 77009, the court may pay any penalty or interest imposed pursuant to this section due to an error or other action by the court 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.

(e)The Controller may permit a county, city and county, or court to pay the interest or penalty amounts according to a payment schedule in the event of a large interest or penalty amount that causes a hardship to the paying entity.

(f)The party responsible for the error or other action that caused the failure to pay may include, but is not limited to,

the party that collected the funds who is not the party responsible for remitting the funds to the

State Court Facilities Construction Fund, if the collecting party failed to provide or delayed providing the remitting party with sufficient information needed by the remitting party to distribute the funds.

(g)The changes made to this section by Chapter 452 of the Statutes of 2013 shall apply to all delinquent payments for which the Controller has not issued a final audit before January 1, 2014.

§ 70378

Added by Stats. 2002, Ch. 1082, Sec. 4. Effective January 1, 2003.

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

Added by Stats. 2004, Ch. 249, Sec. 2. Effective August 23, 2004.

(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.