reglab/statecodes huggingface dataset:
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 5 - County Facilities Payment › Section 70352.

70352. (a) There is hereby established the Court Facilities Trust Fund.
(b) Money deposited in this fund and appropriated by the Legislature shall be administered by the Judicial Council for the operation, repair, and maintenance of court facilities and other purposes provided by statute. The Judicial Council may delegate the administration of the fund to the Administrative Director of the Courts.
(c) The Judicial Council shall recommend to the Governor and the Legislature each fiscal year on the proposed expenditures from the fund and submit a report on actual expenditures after the end of each fiscal year.
(Added by Stats. 2002, Ch. 1082, Sec. 4. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 5 - County Facilities Payment › Section 70353.

70353. (a) Each county shall remit the county facilities payment determined by this article to the Controller, for deposit into the Court Facilities Trust Fund. One-quarter of each county’s facilities payment shall be remitted to the Controller quarterly on October 1, January 1, April 1, and July 1. Any payment that is not made when required by this subdivision shall be considered delinquent, and subject to the penalties specified in subdivision (b).
(b) Upon receipt of any delinquent payment required pursuant to this section, the Controller shall calculate a penalty on any delinquent payment by multiplying the amount of the delinquent payment at a daily rate equivalent to 1
1
/
2
percent per month for the number of days the payment is delinquent. Penalty amounts calculated pursuant to this subdivision shall be paid by the county to the Court Facilities Trust Fund no later than 45 days after the end of the month in which the penalty was calculated.
(c) The Judicial Council shall provide the Controller with a schedule of the county facility payments at the beginning of each fiscal year. If the amount of the county facility payment changes pursuant to this article, the Judicial Council shall provide the Controller with a new schedule of payments within 30 days of the change.
(Added by Stats. 2002, Ch. 1082, Sec. 4. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 5 - County Facilities Payment › Section 70354.

70354. The components of the county facilities payment are based on the actual annual direct and indirect county expenditures on court facilities. In the case of a shared use building, the amounts are prorated for the court’s usable space in the building as a percentage of total usable space in the building. The determination of the court’s usable space and the total usable space shall be made by the standard methodology used for determining usable space by the Department of General Services.
(Added by Stats. 2002, Ch. 1082, Sec. 4. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 5 - County Facilities Payment › Section 70355.

70355. (a) Except for the value computed under Section 70359, all values listed in this article shall be adjusted from the fiscal year of the expenditure to the month of the effective date of transfer for inflation using, as the inflation index, the average of the following three indices from the Bureau of Labor Statistics Producer Price Index, all rebased to equal 100 as of January 1996:
(1) Building cleaning and maintenance services (Series Id PCU 7349).
(2) Operators and lessors of nonresidential buildings (Series Id PCU 6512).
(3) Maintenance and repair constructions (Series Id PCU BMRP).
(b) For purposes of this section, “rebasing” means dividing all the values of the price index, by the value of the price index for the period to which the values are to be rebased, and multiplying the results by 100.
(Amended by Stats. 2003, Ch. 592, Sec. 8. Effective January 1, 2004.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 5 - County Facilities Payment › Section 70356.

70356. The following items shall be included in the county facilities payment based on a five-year average of expenditures made by the county for facility operation and maintenance. This amount shall be computed by multiplying the value for each of the five fiscal years from 1995–96 to 1999–2000, inclusive, by the change in the inflation index specified in Section 70355 from January of that fiscal year to the month of the date of transfer of responsibility for the court facilities from the county to the state, inclusive, and then averaging the five adjusted yearly values:
(a) Maintenance and repair, including, but not limited to, maintenance and repair of the building and its components, utility systems, security equipment, and interior and exterior lighting.
(b) Purchase, installation, modernization, and maintenance of major building systems not of an ongoing nature, including, but not limited to, plumbing, HVAC (heating, ventilation, and air-conditioning), electrical, and vertical transportation.
(c) A special repair.
(d) Landscaping and grounds maintenance services for court facilities.
(e) Maintenance of parking spaces or garages dedicated to the court or for jurors.
(f) County facility management and administrative costs directly or indirectly associated with trial court facilities, including, but not limited to, management, supervision, planning, design, department administration, payroll, finance, procurement, and program management.
(Amended by Stats. 2003, Ch. 592, Sec. 9. Effective January 1, 2004.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 5 - County Facilities Payment › Section 70358.

70358. Insurance costs shall be included in the county facilities payment. If the actual expenditures made by the county are used to determine the amount, the expenditures shall be based on the 1999–2000 fiscal year multiplied by the increase in the inflation index specified in Section 70355 from January 2000, to the month of the date of the transfer of responsibility for the court facilities from the county to the state, inclusive.
The amount of insurance may not include the cost of any insurance required by any agreement involving bonded indebtedness on the facility to the extent that the cost of insurance is greater than the cost of commercial insurance coverage on the building.
The determination of the insurance costs may consider the costs of commercial insurance coverage for a fair and reasonable level of insurance and the costs of self-insurance. The amount of the insurance costs shall be subject to negotiation between the Judicial Council and the county.
To the extent the responsibility for grounds is transferred, the insurance costs for court facilities shall include, but not be limited to, the cost of liability insurance relating to the grounds.
(Amended by Stats. 2003, Ch. 592, Sec. 11. Effective January 1, 2004.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 5 - County Facilities Payment › Section 70359.

70359. (a) Court facilities rental or leasing, except to the extent included as a court operation in Rule 10.810 of the California Rules of Court, shall be included in the county facilities payment using as the initial amount the annual amount for the lease for the fiscal year of the date of transfer of those court facilities to the state.
(b) The amount computed under subdivision (a) shall be adjusted annually for each remaining year in the lease to reflect the changed annualized amount for the lease for each year remaining on the lease. A lease amount in the final year of any lease entered into or renewed on or after October 2, 2001, shall represent a good faith relationship to the fair market value of the facilities either at the time of the making of the lease or the time of determination of the final year lease amount.
(c) The adjustment of the amount pursuant to subdivision (b) shall not permit either the county or the Judicial Council to appeal the county facilities payment amount under Section 70366 or 70367, except as to any issues directly related to the adjustment made by subdivision (b).
(d) The amount of any lease included in the county facilities payment amount shall, unless otherwise agreed to by the Administrative Director of the Courts and the county, be paid by the county from the county’s courthouse construction fund, if the lease was originally entered into prior to July 1, 2002, and to the extent the lease was funded in whole or in part by the courthouse construction fund prior to July 1, 2002. The length of time payment that may be made from the courthouse construction fund is to be calculated by the length of the lease entered into before July 1, 2002, plus any one renewal or extension of not more than five years entered into on or after July 2, 2002. The Administrative Director of the Courts may agree to a longer time for payment from the courthouse construction fund.
(Amended by Stats. 2007, Ch. 130, Sec. 134. Effective January 1, 2008.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 5 - County Facilities Payment › Section 70360.

70360. Calculation of the county facilities payment may not include any of the following:
(a) Purchase of land and buildings.
(b) Construction and construction services.
(c) Maintenance of parking for the general public whose responsibility is not transferred and that may also be used by the courts or jurors.
(d) Depreciation of court facilities.
(e) Costs associated with court facilities or a portion of the facilities that is not transferred to the state or that remains a county responsibility.
(f) A capital project that alters the facilities’ function or capacity.
(g) Any county payments resulting from bonded indebtedness and not normally a cost of building operation.
(h) A special improvement.
(Added by Stats. 2002, Ch. 1082, Sec. 4. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 5 - County Facilities Payment › Section 70361.

70361. The Administrative Office of the Courts, in consultation with the courts, and the California State Association of Counties, in consultation with the counties, shall jointly prepare forms and instructions for calculating the county facilities payment in compliance with this section and submit those forms and instructions to the Director of Finance for approval. In the event that the Administrative Office of the Courts and the California State Association of Counties are unable to agree on forms and instructions, they shall present their positions of agreement and disagreement to the Director of Finance who shall make the final determination on the forms and instructions. The proposed forms and instructions or positions of each party shall be provided to the Director of Finance no later than June 30, 2003. Upon approval by the Director of Finance, the Administrative Office of the Courts shall provide the counties and the courts with the approved forms and instructions.
(Added by Stats. 2002, Ch. 1082, Sec. 4. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 5 - County Facilities Payment › Section 70362.

70362. (a) The Department of Finance shall provide the Administrative Office of the Courts with the base inflation index figures specified in Section 70355 for January 1996, January 1997, January 1998, January 1999, and January 2000, to be included in the approved instructions.
(b) During the period from July 2003, to June 2007, inclusive, on a monthly basis, the department shall provide the Administrative Office of the Courts with a forecast of the monthly inflation index figures specified in Section 70355, using a methodology mutually agreed upon by the department, Administrative Office of the Courts, and California State Association of Counties. This forecast may be used to make a preliminary determination of the county facility payment based on the proposed and final month of transfer.
(c) The department shall provide the Administrative Office of the Courts with the final revised inflation index figures specified in Section 70355 when the final data is available from the Bureau of Labor Statistics Producer Price Index. If the final inflation index figures for the month when a facility transferred from the county to the state is different than the figure used to calculate the county facility payment at the time of the transfer, the Administrative Office of the Courts shall recalculate the county facilities payment based on the final inflation index figures.
(d) Notwithstanding subdivision (c) of Section 70353, any change in the final county facilities payment made pursuant to subdivision (c) shall be reflected as an adjustment to the schedule of county facilities payments at the beginning of the next fiscal year. In addition, any over or underpayment resulting from the difference between the final calculation made pursuant to subdivision (c) and the county facility payment calculation made at the time of transfer shall be reflected as a one-time adjustment to the amount of the first county facility payment owed at the beginning of the next fiscal year.
(Amended by Stats. 2003, Ch. 592, Sec. 12. Effective January 1, 2004.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 5 - County Facilities Payment › Section 70363.

70363. Each county shall calculate the county facilities payment for each facility pursuant to Section 70351.5 or using the forms and instructions as approved and distributed pursuant to Section 70361. The county shall mail the Judicial Council and local court the actual expenditure figures and adjustments at least 90 days prior to the proposed date of transfer of responsibility for that facility. The county auditor or, at the discretion of the board of supervisors, the board shall certify the reported expenditures and indexed calculations.
(a) Prior to the transfer of responsibility of each court facility from the county to the state, the Administrative Office of the Courts shall review the accuracy of the calculations.
(b) The Administrative Office of the Courts and the county shall meet and discuss any differences they have concerning the calculations in an effort to reduce or eliminate any areas of disagreement. Following the discussions, the Administrative Office of the Courts shall mail the Department of Finance the proposed county facility payment and any necessary background information, including the calculations and the reported county expenditures and a summary of any disagreements between the Administrative Office of the Courts and the county regarding the payment.
(c) The Department of Finance shall within 30 days of the receipt of the proposed county facilities payment from the Administrative Office of the Courts do any of the following:
(1) Approve the proposed payment.
(2) Approve a modified payment.
(3) Request additional information from either the county or the Administrative Office of the Courts.
(d) When the department has approved a county facilities payment for that facility, it shall mail the Administrative Director of the Courts the approved county facilities payment. The Administrative Office of the Courts shall mail a copy of the Department of Finance notification to the county administrative officer and the court executive officer.
(Amended by Stats. 2008, Ch. 9, Sec. 4. Effective April 23, 2008.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 5 - County Facilities Payment › Section 70365.

70365. The parties to any appeal of the determination of the county facilities payment, for purposes of the mailing of documents, are the county administrative officer, on behalf of the county, and the Administrative Director of the Courts, on behalf of both the state and the court.
(Added by Stats. 2002, Ch. 1082, Sec. 4. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 5 - County Facilities Payment › Section 70366.

70366. (a) Within 30 days after the Administrative Office of the Courts has mailed the county the approved county facilities payment, pursuant to subdivision (d) of Section 70363, the county may submit a declaration to the Court Facilities Dispute Resolution Committee, with the mailing of copies to the other parties, that the amount is incorrect for one or more of the following reasons:
(1) Expenditure data is reported incorrectly or calculated incorrectly and causes an approved county facilities payment amount that is higher than the payment should be.
(2) The approved county facilities payment includes amounts that were specifically appropriated, funded, and expended by the county to fund extraordinary one-time expenditures. Extraordinary one-time expenditures do not include periodic major facility repair or maintenance including, but not limited to, reroofing or replacement of a major system component. Extraordinary one-time expenditures do include, but are not limited to, abatement of asbestos and seismic structural upgrades.
(3) The approved county facilities payment includes expenses funded from grants or subventions that would not have been funded without these grants or subventions.
(b) The Administrative Director of the Courts shall mail comments to the Court Facilities Dispute Resolution Committee on the county’s declaration within 30 days of the mailing of the county’s declaration, with the mailing to the other parties.
(c) Within 90 days of receipt of comments pursuant to subdivision (b), the Court Facilities Dispute Resolution Committee shall review the declarations and comments received, and make its recommendation to the Director of Finance concerning correction of any errors and, if necessary, adjustment of the amount of the county facilities payment. The Court Facilities Dispute Resolution Committee shall mail a copy of its recommendation to all the parties.
(d) The Director of Finance or his or her designee shall review the recommendations of the Court Facilities Dispute Resolution Committee and make his or her determination concerning any correction of errors and, if necessary, adjustment of the amount of the county facilities payment. The director shall mail a copy of his or her determination on all the parties.
(Amended by Stats. 2003, Ch. 592, Sec. 13. Effective January 1, 2004.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 5 - County Facilities Payment › Section 70367.

70367. (a) Within 30 days after the Administrative Director of the Courts has mailed to the county, pursuant to subdivision (d) of Section 70363, the approved county facilities payment, the Administrative Director of the Courts may submit a declaration to the Court Facilities Dispute Resolution Committee, with copies mailed to the other parties, that the amount is incorrect because the county failed to report court facilities expenses paid by the county which reduced the amount of the approved county facilities payment.
(b) The county shall mail its comments to the Court Facilities Dispute Resolution Committee on the administrative director’s declaration within 30 days of the mailing of the administrative director’s declaration, with copies mailed to the other parties.
(c) Within 90 days of receipt of comments pursuant to subdivision (b), the Court Facilities Dispute Resolution Committee shall review the declarations and comments received, and make its recommendation to the Director of Finance concerning correction of any errors and, if necessary, an adjustment of the amount of the county facilities payment. The Court Facilities Dispute Resolution Committee shall mail a copy of its recommendation to all the parties.
(d) The Director of Finance or his or her designee shall review the recommendations of the Court Facilities Dispute Resolution Committee and make his or her determination concerning any correction of errors and, if necessary, an adjustment of the amount of the county facilities payment. The director shall serve a copy of his or her determination on all the parties.
(Amended by Stats. 2005, Ch. 22, Sec. 109. Effective January 1, 2006.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 5 - County Facilities Payment › Section 70368.

70368. The county shall initially compute a separate county facilities payment for each building containing court facilities whose responsibility is transferred to the Judicial Council using the proposed date of transfer of responsibility for those court facilities as the date for computing inflation under Sections 70356, 70357, and 70358. The county’s responsibility for the county facilities payment for those facilities commences upon the actual date of transfer of responsibility for those facilities. If the actual date of transfer of responsibility for a facility is different than the proposed date of transfer, upon which the county facilities payment is calculated, the Administrative Office of the Courts shall adjust the amount of the county facilities payment by applying the inflation index figures for that county for the actual date of transfer, as provided in Section 70362, to the approved county facilities payment. The amount of any county facilities payment that takes effect after the beginning of a fiscal year shall be prorated for the amount remaining in that fiscal year. In no event shall a county have any responsibility for a court facility payment prior to the effective date of the transfer of responsibility for a facility.
(Added by Stats. 2002, Ch. 1082, Sec. 4. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 5 - County Facilities Payment › Section 70369.

70369. Where mail of notice or any other document is required by this article, any method of mailing equivalent to first-class mail may be used. The computation of time based on mailing under this article is based on the date the item was deposited in the mail.
(Added by Stats. 2002, Ch. 1082, Sec. 4. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 5 - County Facilities Payment › Section 70370.

70370. If the amount computed by the county under Section 70368 is increased pursuant to this article, the county shall pay the state the difference relating back to the initial date payment was due under Section 70368. If the amount computed by the county under Section 70368 is reduced pursuant to this article, the state shall pay the county the difference relating back to the initial date payment was due under Section 70368. Upon agreement between the county and state, any amount due under this section may be made by an addition or reduction in the next scheduled county facilities payment.
(Added by Stats. 2002, Ch. 1082, Sec. 4. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 6 - State Court Facilities Construction Fund › Section 70371.

70371. (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.
(Amended by Stats. 2021, Ch. 79, Sec. 17. (AB 143) Effective July 16, 2021.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 6 - State Court Facilities Construction Fund › Section 70371.6.

70371.6. 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.
(Added by Stats. 2008, Ch. 311, Sec. 5.5. Effective January 1, 2009.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 6 - State Court Facilities Construction Fund › Section 70371.7.

70371.7. (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.
(Amended by Stats. 2021, Ch. 79, Sec. 19. (AB 143) Effective July 16, 2021.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 6 - State Court Facilities Construction Fund › Section 70371.9.

70371.9. (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.
(Amended by Stats. 2019, Ch. 497, Sec. 149. (AB 991) Effective January 1, 2020.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 6 - State Court Facilities Construction Fund › Section 70373.

70373. (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.
(Amended by Stats. 2021, Ch. 79, Sec. 22. (AB 143) Effective July 16, 2021.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 6 - State Court Facilities Construction Fund › Section 70374.

70374. (a) The Judicial Council shall annually recommend to the Governor and the Legislature the amount proposed to be spent for projects paid for with 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.
(Amended by Stats. 2021, Ch. 79, Sec. 23. (AB 143) Effective July 16, 2021.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 6 - State Court Facilities Construction Fund › Section 70374.2.

70374.2. 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.
(Added by Stats. 2007, Ch. 176, Sec. 58. Effective August 24, 2007.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 6 - State Court Facilities Construction Fund › Section 70375.

70375. (a) This article shall take effect on January 1, 2003, and the fund, penalty, and fee assessment established by this article shall become operative on January 1, 2003, except as otherwise provided in this article.
(b) 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.
(Amended by Stats. 2010, Ch. 709, Sec. 4. (SB 1062) Effective January 1, 2011.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 6 - State Court Facilities Construction Fund › Section 70376.

70376. It is the intent of the Legislature that funding for courthouse alteration, renovation, and construction be funded by money in the State Court Facilities Construction Fund and additional money as necessary from the state.
(Added by Stats. 2002, Ch. 1082, Sec. 4. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 6 - State Court Facilities Construction Fund › Section 70378.

70378. The State Court Facilities Construction Fund shall be invested in the Surplus Money Investment Fund and all interest earned shall be allocated to the State Court Facilities Construction Fund semiannually and shall be allocated as otherwise provided in this article.
(Added by Stats. 2002, Ch. 1082, Sec. 4. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 6 - State Court Facilities Construction Fund › Section 70379.

70379. (a) The Court Facilities Architecture Revolving Fund is hereby established in the State Treasury, and, notwithstanding Section 13340, the fund is continuously appropriated, without regard to fiscal years.
(1) With the approval of the Department of Finance, and except as otherwise specified in this section, there shall be transferred to, or deposited in, the fund all money appropriated, contributed, or made available from any source, including sources other than state appropriations, for the purposes described in paragraph (2).
(2) Moneys transferred to, or deposited in, the fund shall be those administered by the Administrative Office of the Courts under subdivision (b) of Section 70374 for the construction, alteration, repair, and improvement of trial and appellate court buildings, including, but not limited to, services, new construction, major construction, minor construction, maintenance, improvements, and equipment, and other building and improvement projects.
(3) In addition to the approval of the Department of Finance, the transfer or deposit of moneys into the fund shall be authorized by the Administrative Office of the Courts, both with regard to funds appropriated for the purposes specified in paragraph (2) or, as to funds from sources other than state appropriations, subject to any written agreement between the contributor or contributors of funds and the Administrative Office of the Courts.
(b) Money from state sources transferred to, or deposited in, the fund for construction, services, equipment, repair, or improvement shall be an amount necessary based on the actual, known, or firm fixed price, upon approval of the Department of Finance.
Any amount available in the state appropriation that is in excess of the amount necessary based upon final actual costs of the completed contract shall be transferred immediately to the credit of the fund from which the appropriation was made.
(c) Money transferred or deposited in the fund pursuant to subdivision (a) shall be available for expenditure by the Administrative Office of the Courts for the purposes for which appropriated, contributed, or made available, without regard to fiscal years.
(Added by Stats. 2004, Ch. 249, Sec. 2. Effective August 23, 2004.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 7 - Authority and Responsibility › Section 70391.5.

70391.5. (a) The Judicial Council shall develop performance expectations for court facility proposals, including benchmark criteria for total project life-cycle costs, project cost comparisons to traditional delivery and financing options, project risk assessments and allocations, utility and energy conservation requirements that meet or exceed state standards, and court security operations cost controls and reduction goals. The performance expectations and benchmark criteria shall be consistent with Chapter 1016 of the Statutes of 2002, Chapter 488 of the Statutes of 2006, and consistent with all current state building practices.
(b) In reviewing any court facility proposal that includes a public-private partnership component, the Director of Finance shall take into consideration any terms in the proposal that could create long-term funding commitments and how those terms may be structured to minimize risk to the state’s credit ratings. Following the approval of any court facility proposal of the Director of Finance, the Judicial Council shall notify the Joint Legislative Budget Committee of the performance expectations and benchmark criteria for the proposal at least 30 days prior to the release of initial solicitation documents for a court facility project. If the Joint Legislative Budget Committee does not express any opposition or concerns, the Judicial Council may proceed with the solicitation 30 days after giving that notice.
(Added by Stats. 2007, Ch. 176, Sec. 60. Effective August 24, 2007.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 7 - Authority and Responsibility › Section 70392.

70392. Except as otherwise specifically provided by law, the Administrative Office of the Courts shall have the following responsibilities and authority in addition to other responsibilities and authority granted by law or delegated by the Judicial Council:
(a) Notwithstanding any other provision of law and subject to the appropriation of funds, provide the ongoing oversight, management, operation, and maintenance of facilities used by the trial courts, if the responsibility for the facility has been transferred to the Judicial Council pursuant to this chapter.
(b) Carry out the Judicial Council’s policies with regard to trial court facilities, except as otherwise expressly limited by law.
(c) Develop for Judicial Council approval the master plans for trial court facilities in each district.
(d) Construction of court buildings, including, but not limited to, selection of architects and contractors, except as otherwise expressly limited by law.
(e) Delegate its responsibilities and authority to the local trial court for court facilities used by that court.
(Amended by Stats. 2003, Ch. 592, Sec. 19. Effective January 1, 2004.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 7 - Authority and Responsibility › Section 70393.

70393. The county shall have the following authority and responsibilities with regard to court facilities in addition to any other authority or responsibilities established by law:
(a) Manage the shared-use buildings whose title the county retains under subdivision (b) of Section 70323.
(b) Make recommendations to the court and the Judicial Council for the location of new court facilities.
(c) Provide services to local court facilities as provided in the agreement entered into under Section 70322.
(d) Indemnify the state for any liability imposed on the state pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.), or related provisions for conditions that existed on the property at the time of transfer whether or not known to the county.
(Added by Stats. 2002, Ch. 1082, Sec. 4. Effective January 1, 2003.)