BILL NUMBER: SB 256 CHAPTERED 09/29/03 CHAPTER 592 FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2003 APPROVED BY GOVERNOR SEPTEMBER 28, 2003 PASSED THE SENATE SEPTEMBER 12, 2003 PASSED THE ASSEMBLY SEPTEMBER 12, 2003 AMENDED IN ASSEMBLY SEPTEMBER 12, 2003 AMENDED IN ASSEMBLY SEPTEMBER 8, 2003 AMENDED IN ASSEMBLY JULY 24, 2003 AMENDED IN ASSEMBLY JUNE 23, 2003 AMENDED IN SENATE APRIL 21, 2003 INTRODUCED BY Senator Escutia FEBRUARY 18, 2003 An act to amend Sections 15807, 15808.1, 15812, 15815, 15862, 70303, 70355, 70356, 70357, 70358, 70362, 70366, 70367, 70373, 70373.5, 70374, 70375, 70392, 70402, 71601, 76000, and 76100 of, to add Section 71626.1 to, to add and repeal Section 70404 of, and to repeal Section 70046.2 of, the Government Code, and to amend Section 42007 of the Vehicle Code, relating to court facilities. LEGISLATIVE COUNSEL'S DIGEST SB 256, Escutia. Court facilities. (1) The State Building and Construction Act of 1955 governs various aspects of the acquisition, construction, purchase, leasing, and finance of public buildings. This bill would exempt court facilities from certain aspects of that act, as specified. (2) The Trial Court Facilities Act of 2002 provides for the finance, operation, and maintenance of court facilities, including the requirement that each county remit a county facilities payment, to be calculated as specified, to the Controller for deposit in the Court Facilities Trust Fund. This bill would impose a state-mandated local program by revising the method for the calculation of the county facilities payment, and would make conforming changes. The bill would also require new duties of the Administrative Office of the Courts in this regard through June 2007. The bill would also exempt the acquisition and construction of court facilities from provisions of the Public Contract Code, as specified. (3) Existing law sets the compensation and benefits of court reporters and court reporters pro tempore in Fresno County, as specified. This bill would repeal that provision. (4) Existing law imposes a surcharge on appearance fees in civil actions, as specified, to be deposited in the Court Facilities Trust Fund in order to provide additional funds for maintaining and expanding the uniform accessibility of the courts and judicial process throughout the state. This bill would clarify the application of, and revise the collection procedure for, that surcharge. The bill would also clarify provisions governing the responsibilities and authority of the Administrative Office of the Courts regarding court facilities. (5) Existing law authorizes each county to establish a courthouse construction fund to assist in the acquisition, rehabilitation, construction, and financing of courtrooms and facilities necessary or incidental to the operation of the justice system, as specified. Existing law also provides for a transition from county funding to state funding for superior court facilities, as specified. This bill would provide that no county may make any expenditure or encumber future funds from the county courthouse construction fund without the approval of the Administrative Director of the Courts, except as specified. The bill would prohibit a county from extending the term of bonded indebtedness for which county courthouse construction funds are encumbered without the approval of the Administrative Director of the Courts; and would provide that if the Administrative Director of the Courts denies an expenditure or encumbrance for the correction of a deficiency in a court facility, as specified, that deficiency may not be used as grounds for rejection of the transfer of responsibility for that court facility to the Judicial Council if certain conditions apply. These provisions would become inoperative on July 1, 2007, or on a specified day, whichever comes later. The bill would also specify that expenditures from a county courthouse construction fund are subject to other provisions governing the transition to state funding for superior court facilities. (6) Existing law prescribes procedures for calculation of the county facilities payment that each county is required to remit for deposit into the Court Facilities Trust Fund and establishes the Court Facilities Dispute Resolution Committee to resolve disputes between a county and the Judicial Council regarding, among other things, the amount of that county facilities payment. Existing law also establishes the State Court Facilities Construction Fund and specifies that money in that fund may be used only for designated purposes. This bill would correct erroneous references in those provisions. (7) Existing law establishes an additional penalty to be assessed by each county on fines, penalties, and forfeitures imposed for criminal offenses for the local courthouse construction fund, as specified for each county. This bill would increase that additional penalty for Fresno County from $5 to $7. (8) Existing law provides for trial courts to employ their own personnel or, in certain instances, to contract with the county for specified services. This bill would establish specific provisions regarding cleaning and maintenance personnel for the trial courts, and revise provisions governing the employment of temporary employees. (9) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 15807 of the Government Code is amended to read: 15807. The acquisition by the board of any property is subject to the approval of the Department of Finance. The board shall contract with the Department of General Services for the maintenance, repair, and equipment of all public buildings constructed, acquired, or operated by the board, when the Department of General Services elects to furnish maintenance and repair, such maintenance and repair to include the items of maintenance, repair, and equipment customarily supplied or afforded to other state buildings by the Department of General Services, except as provided in paragraph (1) of subdivision (e) of Section 70374. SEC. 2. Section 15808.1 of the Government Code is amended to read: 15808.1. After January 1, 1980, with respect to the construction, purchase, or lease for a period of five years firm term or more, of buildings for the conduct of state business which are located or will be located in a standard metropolitan statistical area (SMSA) with a population of 250,000 or more according to the most recent decennial census, which is served by a public transit operator, the State Public Works Board, the Department of Finance, and the Department of General Services shall give consideration to the location of existing public transit corridors in the area. Construction, purchase, or lease of buildings for a period of five years firm term or more at locations outside of existing public transit corridors may be approved after the board or department, as the case may be, has determined that the purpose of the facility does not require transit access or the transit operator will provide service as needed, to effectively serve the facility. However, the determination that the purpose of the facility does not require transit access shall not be made if the facility employs more than 200 people or directly serves the public. The board or departments may request the assistance of the transit operator in making their determination and shall notify the operator of their decision. This section does not apply to buildings described in paragraph (2) of subdivision (e) of Section 70374. SEC. 3. Section 15812 of the Government Code is amended to read: 15812. The unused balance of any amount heretofore or hereafter authorized or appropriated by the Legislature for any public building to be acquired or constructed pursuant to this part which the Director of Finance, with the approval of the board, determines is not required for the building for which it was authorized or appropriated may be transferred on order of the Director of Finance to and in augmentation of any authorization or appropriation made for any other building or buildings under this part and is hereby authorized or appropriated, as the case may be, for the acquisition or construction of any other building or buildings authorized under this part. This section does not apply to amounts authorized or appropriated for acquisition or construction of buildings authorized by Chapter 1072 of the Statutes of 1957 or buildings subject to subdivision (f) of Section 70379. SEC. 4. Section 15815 of the Government Code is amended to read: 15815. (a) The plans and specifications for any public building constructed pursuant to this part shall be prepared by the Department of General Services, and the board shall reimburse the department for the costs of its services from the funds available for that purpose. Any public building constructed under this part shall be constructed in accordance with the State Contract Act. (b) Subdivision (a) does not apply to any public building constructed by, or on behalf of, the board for lease-purchase by the board to, or in connection with, a contract between the board and any of the following entities: (1) The Regents of the University of California, if the public building is constructed under Article 1 (commencing with Section 10500) of Chapter 2.1 of Part 2 of Division 2 of the Public Contract Code. (2) The Trustees of the California State University, if the public building is constructed under Chapter 2.5 (commencing with Section 10700) of Part 2 of Division 2 of the Public Contract Code. (3) A community college district, if the building is constructed under Article 47 (commencing with Section 20650) of Chapter 1 of Part 3 of Division 2 of the Public Contract Code. (c) Subdivision (a) does not apply to any public building constructed with the Administrative Office of the Courts serving as the implementing agency under subdivision (b) of Section 70374. SEC. 5. Section 15862 of the Government Code is amended to read: 15862. (a) Except as specified in subdivision (b), all real property or interest in real property acquired by the state or the Judicial Council pursuant to the Trial Court Facilities Act of 2002 (Chapter 5.7 (commencing with Section 70301) of Title 8), or pursuant to Sections 69202 to 69206, inclusive, shall be under the jurisdiction of the Judicial Council immediately upon transfer of the title to the state. (b) When real property is acquired by the state pursuant to this part, jurisdiction over the property shall remain in the Department of General Services until the property is needed for the purpose for which it was acquired. The Director of General Services may transfer jurisdiction of the property to the agency for whose use it was acquired before it is needed for the purpose for which acquired if in his opinion the transfer is in the best interests of the state. The department may lease all or any portion of the property which is not presently needed on terms and conditions as the director may fix and may maintain, improve, and care for the property in order to secure rent therefrom. The department may remove or demolish buildings or other structures on the property when it is desirable to do so. It may sell or dispose of the improvements or any materials available upon the demolishing of any building or structure on the property. SEC. 6. Section 70046.2 of the Government Code is repealed. SEC. 7. Section 70303 of the Government Code is amended to read: 70303. (a) The Court Facilities Dispute Resolution Committee is hereby created to hear and determine disputes between a county and the Judicial Council as specified by this chapter. (b) The committee shall consist of the following members: (1) One person selected by the California State Association of Counties. (2) One person selected by the Judicial Council. (3) One person selected by the Director of Finance. (c) The committee shall hear and make recommendations to the Director of Finance for determinations in disputes involving the following matters: (1) Buildings rejected for transfer of responsibility because of deficiencies as provided in Section 70328. (2) Failure to reach agreement on transfer of responsibility for a building as provided in Section 70333. (3) Disputes regarding the appropriateness of expenditures from a local courthouse construction fund as provided in Section 70403. (4) County appeal of a county facilities payment amount as provided in Section 70366. (5) Administrative Office of the Courts appeal of a county facilities payment amount as provided in Section 70367. (d) Upon receipt of the recommendation from the committee, the Director of Finance shall make the final determination of the issue in dispute. (e) The expenses of members of the committee shall be paid for by the agency or organization selecting the member. (f) The Judicial Council, the California State Association of Counties, and the Department of Finance shall jointly provide for staff assistance to the committee. (g) Regulations and rules adopted by the committee shall be exempt from review and approval or other processing by the Office of Administrative Law required by Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. SEC. 8. Section 70355 of the Government Code is amended to read: 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. SEC. 9. Section 70356 of the Government Code is amended to read: 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. SEC. 10. Section 70357 of the Government Code is amended to read: 70357. The cost of utilities shall be included in the county facilities payment by calculating the average consumption of utilities for the fiscal years 1995-96 to 1999-2000, inclusive, and multiply the consumption averages by the 1999-2000 rates, and multiplying the value by the increase in the inflation index specified in Section 70355 from January 2000, to the month of the date of transfer of responsibility for the court facilities from the county to the state, inclusive. As used in this section, utility costs include, but are not limited to, natural gas, heating oil, electricity, water, sewage, and garbage. The consumption rates for 1999-2000 shall be the average of the rates for each month of that fiscal year. Utility costs shall be included without regard to whether payment of the costs was made by the county, the court, or another entity, except that the amount of specific utility costs may not be included in the county facilities payment if all of the following conditions are satisfied: (a) A lease expressly provides that the utilities are to be paid by the lessor. (b) There is no payment by the lessee for the utilities, except as part of the lease payment. (c) The lease payment is included in the county facilities payment. SEC. 11. Section 70358 of the Government Code is amended to read: 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. SEC. 12. Section 70362 of the Government Code is amended to read: 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. SEC. 13. Section 70366 of the Government Code is amended to read: 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. SEC. 14. Section 70367 of the Government Code is amended to read: 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, mailing of copies 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 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 makes 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 serve a copy of his or her determination on all the parties. SEC. 15. Section 70373 of the Government Code is amended to read: 70373. (a) To provide additional funds for maintaining and expanding the uniform accessibility of the courts and judicial process throughout the state, the following surcharges are added to the total fee for filing the first paper by a party in the following actions: (1) A surcharge in all unlimited civil, family law, and probate actions, as follows: (A) Ten dollars ($10) from January 1, 2003, through December 31, 2003. (B) Fifteen dollars ($15) from January 1, 2004, through December 31, 2007. (2) A surcharge of twenty-five dollars ($25) in all limited civil actions. (b) The clerk of the court shall collect the surcharge and transmit it to the county treasury. The county treasurer shall transmit the funds monthly to the State Controller, to be deposited in the State Court Facilities Construction Fund. Notwithstanding any other provision of law, the full amount of the surcharge collected shall be deposited as provided in this section. SEC. 16. Section 70373.5 of the Government Code is amended to read: 70373.5. (a) Notwithstanding paragraph (2) of subdivision (a) of Section 70373, a surcharge of eighteen dollars ($18) shall be added to the first appearance fee in all limited civil actions in lieu of the twenty-five-dollar ($25) fee provided by that section. (b) The surcharge provided for in this section and Section 70373 are not subject to the percentage surcharge authorized by Section 68087. (c) This section shall become inoperative on July 1, 2007, and as of January 1, 2008, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2008, deletes or extends that date. SEC. 17. Section 70374 of the Government Code is amended to read: 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 money in the State Court Facilities Construction Fund. The use of the appropriated money 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 (commencing with Section 15800) and the Property Acquisition Law (commencing with Section 15850), 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) Money in the State Court Facilities Construction Fund shall only be used for either of the following: (1) To acquire, rehabilitate, construct, or finance court facilities, as defined by subdivision (e) of Section 70302. (2) To rehabilitate one or more existing court facilities in conjunction with the construction, acquisition, or financing of one or more new court facilities. (d) Twenty-five percent of all money collected for the State Court Facilities Construction Fund from any county shall be designated for implementation of trial court projects in that county. The Judicial Council shall determine the local projects after consulting with the trial court in that county and based on the locally approved trial court facilities master plan for that county. (e) The following provisions shall prevail over provisions of the State Building Construction Act of 1955 (Part 10.6 (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. Notwithstanding Section 15807, 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 this 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 acquiring 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. SEC. 18. Section 70375 of the Government Code is amended to read: 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) In each county, the amount authorized by Section 70372 shall be reduced by the following: (1) The amount collected for deposit into the local courthouse construction fund established pursuant to Section 76100. (2) The amount collected for transmission to the state for inclusion in the Transitional State Court Facilities Construction Fund established pursuant to Section 70401 to the extent it is funded by money from the local courthouse construction fund. (c) The amount authorized by Section 70373 shall be reduced by the following in the following counties: (1) In the County of Riverside, the amount collected pursuant to Section 26826.1 of the Government Code for transmission to the state for inclusion in the Transitional State Court Facilities Construction Fund established pursuant to Section 70401. (2) In the County of San Bernardino, the amount collected pursuant to Section 76236 of the Government Code for transmission to the state for inclusion in the Transitional State Court Facilities Construction Fund established pursuant to Section 70401. (3) In the City and County of San Francisco, the amount collected pursuant to Section 76238 of the Government Code for transmission to the state for inclusion in the Transitional State Court Facilities Construction Fund established pursuant to Section 70401. (d) The authority for all of the following shall expire proportionally as of 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 26826.1. (3) A filing fee surcharge in the County of San Bernardino established pursuant to Section 76236. (4) A filing fee surcharge in the City and County of San Francisco established pursuant to Section 76238. (e) For purposes of subdivision (d), 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. SEC. 19. Section 70392 of the Government Code is amended to read: 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. SEC. 20. Section 70402 of the Government Code is amended to read: 70402. (a) Any amount in either a county's courthouse construction fund established by Section 76100, a fund established by Section 26826.1 in the County of Riverside, a fund established by Section 76236 in the County of San Bernardino, and a fund established by Section 76238 in the City and County of San Francisco, shall be transferred to the State Court Facilities Construction Fund at the later of the following: (1) The date of the last transfer of responsibility for court facilities from the county to the Judicial Council or June 30, 2007, whichever is earlier. (2) The date of the final payment of the bonded indebtedness for any court facility that is paid from that fund is retired. (b) If the responsibility for one or more facilities does not transfer, the county's courthouse construction fund shall retain that portion of the total money in the fund as the square footage of the facilities that do not transfer bears to the total square footage of court facilities in that county. SEC. 21. Section 70404 is added to the Government Code, to read: 70404. (a) Except as specified in subdivision (b) and notwithstanding any other provision of law, no county may make any expenditure or encumber any future funds from the county courthouse construction fund established pursuant to Section 76100, without the approval of the Administrative Director of the Courts. (b) No county may be required to obtain the approval of the Administrative Director of the Courts for any expenditure of county courthouse construction funds for any of the following purposes: (1) Repayment of existing bonded indebtedness, as defined in subdivision (a) of Section 70301, that has been issued, sold, or delivered, and any refunding of existing bonded indebtedness that has been issued, sold, or delivered, to achieve monetary savings to the county with respect to a building, as defined in subdivision (b) of Section 70301. (2) Payment of any pending phase or phases of a maintenance project, as specified in subdivision (d) of Section 70326. (3) Payment for any pending phase or phases of a project involving court facilities, as specified in Section 70331. (4) Payment for any portion of a county court facility made from county courthouse construction funds with respect to a lease, as permitted under subdivision (d) of Section 70359. (c) Notwithstanding subdivision (c) of Section 70326, if the Administrative Director of the Courts denies an expenditure from, or the encumbrance of any funds from, the county courthouse construction fund pursuant to subdivision (a), for the purpose of correcting a deficiency or deficiencies in a court facility, as specified in subdivision (b) of Section 70326, that deficiency or deficiencies may not be used as the grounds for rejection of the transfer of responsibility for that court facility to the Judicial Council if both of the following apply: (1) The county subsequently agrees to make the expenditure from, or to encumber, the local courthouse construction fund, or any other funds, in the same amount and under the same conditions as originally proposed in the request to expend or encumber. (2) That expenditure or encumbrance would have corrected the deficiency or deficiencies had the Administrative Director of the Courts approved the expenditure or encumbrance at the time of the request for approval. (d) No county may extend the term of bonded indebtedness for which county courthouse construction funds are encumbered without the approval of the Administrative Director of the Courts. (e) This section shall become inoperative on July 1, 2007, or on the date that the authority to transfer responsibility for a court facility from a county to the Judicial Council pursuant to Section 70321 has lapsed, whichever is later; and as of the following January 1 is repealed, unless a later enacted statute that is enacted before that January 1, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 22. Section 71601 of the Government Code is amended to read: 71601. For purposes of this chapter, the following definitions shall apply: (a) "Appointment" means the offer to and acceptance by a person of a position in the trial court in accordance with this chapter and the trial court's personnel policies, procedures, and plans. (b) "Employee organization" means any organization that includes trial court employees and has as one of its primary purposes representing those employees in their relations with the trial court. (c) "Hiring" means appointment as defined in subdivision (a). (d) "Mediation" means effort by an impartial third party to assist in reconciling a dispute regarding wages, hours, and other terms and conditions of employment between representatives of the trial court and the recognized employee organization or recognized employee organizations through interpretation, suggestion, and advice. (e) "Meet and confer in good faith" means that a trial court or representatives as it may designate, and representatives of recognized employee organizations, shall have the mutual obligation personally to meet and confer promptly upon request by either party and continue for a reasonable period of time in order to exchange freely information, opinions, and proposals, and to endeavor to reach agreement on matters within the scope of representation. The process should include adequate time for the resolution of impasses where specific procedures for resolution are contained in this chapter or in a local rule, or when the procedures are utilized by mutual consent. (f) "Personnel rules," "personnel policies, procedures, and plans," and "rules and regulations" mean policies, procedures, plans, rules, or regulations adopted by a trial court or its designee pertaining to conditions of employment of trial court employees, subject to meet and confer in good faith. (g) "Promotion" means promotion within the trial court as defined in the trial court's personnel policies, procedures, and plans, subject to meet and confer in good faith. (h) "Recognized employee organization" means an employee organization that has been formally acknowledged to represent trial court employees by the county under Sections 3500 to 3510, inclusive, prior to the implementation date of this chapter, or by the trial court under Rules 2201 to 2210, inclusive, of the California Rules of Court, as those rules read on April 23, 1997, Sections 70210 to 70219, inclusive, or Article 3 (commencing with Section 71630) of this chapter. (i) "Subordinate judicial officer" means an officer appointed to perform subordinate judicial duties as authorized by Section 22 of Article VI of the California Constitution, including, but not limited to, a court commissioner, probate commissioner, referee, traffic referee, juvenile referee, and judge pro tempore. (j) "Transfer" means transfer within the trial court as defined in the trial court's personnel policies, procedures, and plans, subject to meet and confer in good faith. (k) "Trial court" means a superior court or a municipal court. (l) "Trial court employee" means a person who is both of the following: (1) Paid from the trial court's budget, regardless of the funding source. For the purpose of this paragraph, "trial court's budget" means funds from which the presiding judge of a trial court, or his or her designee, has authority to control, authorize, and direct expenditures, including, but not limited to, local revenues, all grant funds, and trial court operations funds. (2) Subject to the trial court's right to control the manner and means of his or her work because of the trial court's authority to hire, supervise, discipline, and terminate employment. For purposes of this paragraph only, the "trial court" includes the judges of a trial court or their appointees who are vested with or delegated the authority to hire, supervise, discipline, and terminate. (m) A person is a "trial court employee" if and only if both paragraphs (1) and (2) of subdivision (l) are true irrespective of job classification or whether the functions performed by that person are identified in Rule 810 of the California Rules of Court. The phrase "trial court employee" includes those subordinate judicial officers who satisfy paragraphs (1) and (2) of subdivision (l). The phrase "trial court employee" does not include temporary employees hired through agencies, jurors, individuals hired by the trial court pursuant to an independent contractor agreement, individuals for whom the county or trial court reports income to the Internal Revenue Service on a Form 1099 and does not withhold employment taxes, sheriffs, and judges whether elected or appointed. Any temporary employee, whether hired through an agency or not, shall not be employed in the trial court for a period exceeding 180 calendar days, except that for court reporters in a county of the first class, a trial court and a recognized employee organization may provide otherwise by mutual agreement in a memorandum of understanding or other agreement. SEC. 23. Section 71626.1 is added to the Government Code, to read: 71626.1. (a) Any trial court receiving cleaning or maintenance services from persons employed directly by the court or county shall continue to receive those services from persons employed directly by a trial court or county in which the trial court is located. (b) If the trial court replaces the county in providing cleaning or maintenance services, county employees who have been providing those services to the trial court have the right, prior to any other hiring by the trial court of persons to provide those services, to, at their own option, transfer employment directly from the county to the trial court without a break in service, either when those services are transferred from the county to the trial court, or anytime within two years from the date of that transfer of services if a vacancy exists at the time of the requested transfer. Furthermore, the trial court and an employee organization may by mutual agreement permit county employees providing cleaning or maintenance services in county facilities other than the trial court the option of transferring to the trial court upon such terms as are agreed upon by the trial court and the employee organization if there is a vacancy that no county employee who has been providing cleaning and maintenance services to the trial court opts to fill. (c) If a county employee who provides cleaning or maintenance services to a trial court transfers employment directly from the county to the trial court without a break in service, upon the date of transfer, that employee shall be considered a trial court employee, as defined in Section 71601 subject to all applicable provisions of this chapter. (d) The transfer of employment from the county to the trial court under this section shall not be deemed a termination of employment by the county and rehire by the trial court for the purposes of accrued leave benefits, employment seniority, and employment status as a probationary or regular employee. The transfer of employment shall not be the sole cause for a modification of wages or benefits of any kind. SEC. 24. Section 76000 of the Government Code is amended to read: 76000. (a) In each county there shall be levied an additional penalty of seven dollars ($7) for every ten dollars ($10) or fraction thereof which shall be collected together with and in the same manner as the amounts established by Section 1464 of the Penal Code, upon every fine, penalty, or forfeiture imposed and collected by the courts for criminal offenses, including all offenses involving a violation of the Vehicle Code or any local ordinance adopted pursuant to the Vehicle Code, except parking offenses subject to Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code. These moneys shall be taken from fines and forfeitures deposited with the county treasurer prior to any division pursuant to Section 1463 of the Penal Code. The county treasurer shall deposit those amounts specified by the board of supervisors by resolution in one or more of the funds established pursuant to this chapter. However, deposits to these funds shall continue through whatever period of time is necessary to repay any borrowings made by the county on or before January 1, 1991, to pay for construction provided for in this chapter. (b) In each authorized county, provided that the board of supervisors has adopted a resolution stating that the implementation of this subdivision is necessary to the county for the purposes authorized, with respect to each authorized fund established pursuant to Section 76100 or 76101, for every parking offense where a parking penalty, fine, or forfeiture is imposed, an added penalty of two dollars and fifty cents ($2.50) shall be included in the total penalty, fine, or forfeiture. Except as provided in subdivision (c), for each parking case collected in the courts of the county, the county treasurer shall place in each authorized fund two dollars and fifty cents ($2.50). 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. The judges of the county shall increase the bail schedule amounts as appropriate to reflect the added penalty provided for by this section. 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 section. Each agency which elects to process parking violations shall pay to the county treasurer two dollars and fifty cents ($2.50) for each fund for each parking penalty collected on each violation which is not filed in court. Those payments to the county treasurer shall be made monthly, and the county treasurer shall deposit all those sums in the authorized fund. No issuing agency shall be required to contribute revenues to any fund in excess of those revenues generated from the surcharges established in the resolution adopted pursuant to this chapter, except as otherwise agreed upon by the local governmental entities involved. (c) The county treasurer shall deposit one dollar ($1) of every two dollars and fifty cents ($2.50) collected pursuant to subdivision (b) into the general fund of the county. (d) The authority to impose the two-dollar-and-fifty-cent ($2.50) penalty authorized by subdivision (b) shall be reduced to one dollar ($1.00) as of the date of transfer of responsibility for facilities from the county to the Judicial Council pursuant to Article 3 (commencing with Section 70321) of Chapter 5.1, except as money is needed to pay for construction provided for in Section 76100 and undertaken prior to the transfer of responsibility for facilities from the county to the Judicial Council. (e) The seven-dollar ($7) additional penalty authorized by subdivision (a) shall be reduced in each county by the additional penalty amount assessed by the county for the local courthouse construction fund established by Section 76100 as of January 1, 1998, when the money in that fund is transferred to the state under Section 70402. The amount each county shall charge as an additional penalty under this section shall be as follows: ,--------------,-------,----------------,-------,----------------,---- ----, : Alameda : $5.00 : Marin : $5.00 : San Luis Obispo: $6.00 : :--------------:-------:----------------:-------:----------------:---- ----; : Alpine : $5.00 : Mariposa : $2.00 : San Mateo : $4.75 : :--------------:-------:----------------:-------:----------------:---- ----; : Amador : $5.00 : Mendocino : $7.00 : Santa Barbara : $3.50 : :--------------:-------:----------------:-------:----------------:---- ----: : Butte : $6.00 : Merced : $5.00 : Santa Clara : $5.50 : :--------------:-------:----------------:-------:----------------:---- ----: : Calaveras : $3.00 : Modoc : $4.00 : Santa Cruz : $7.00 : :--------------:-------:----------------:-------:----------------:---- ----: : Colusa : $6.00 : Mono : $5.00 : Shasta : $3.50 : :--------------:-------:----------------:-------:----------------:---- ----: : Contra Costa : $5.00 : Monterey : $5.00 : Sierra : $7.00 : :--------------:-------:----------------:-------:----------------:---- ----: : Del Norte : $5.00 : Napa : $3.00 : Siskiyou : $5.00 : :--------------:-------:----------------:-------:----------------:---- ----: : El Dorado : $5.00 : Nevada : $5.00 : Solano : $5.00 : :--------------:-------:----------------:-------:----------------:---- ----: : Fresno : $7.00 : Orange : $3.50 : Sonoma : $5.00 : :--------------:-------:----------------:-------:----------------:---- ----: : Glenn : $4.06 : Placer : $4.75 : Stanislaus : $5.00 : :--------------:-------:----------------:-------:----------------:---- ----: : Humboldt : $5.00 : Plumas : $5.00 : Sutter : $3.00 : :--------------:-------:----------------:-------:----------------:---- ----: ; Imperial : $6.00 : Riverside : $4.60 : Tehama : $7.00 : ;--------------:-------:----------------:-------:----------------:---- ----: : Inyo : $4.00 : Sacramento : $5.00 : Trinity : $4.26 : :--------------:-------:----------------:-------:----------------:---- ----: : Kern : $7.00 : San Benito : $5.00 : Tulare : $5.00 : :--------------:-------:----------------:-------:----------------:---- ----: : Kings : $7.00 : San Bernardino : $5.00 : Tuolumne : $5.00 : :--------------:-------:----------------:-------:----------------:---- ----: : Lake : $7.00 : San Diego : $5.00 : Ventura : $5.00 : :--------------:-------:----------------:-------:----------------:---- ----: : Lassen : $2.00 : San Francisco : $6.99 : Yolo : $7.00 : :--------------:-------:----------------:-------:----------------:---- ----: : Los Angeles : $5.00 : San Joaquin : $3.75 : Yuba : $3.00 : :--------------:-------:----------------:-------:----------------:---- ----: ; Madera : $4.50 : : : : : '--------------'-------'----------------'-------'----------------'---- ----' SEC. 25. Section 76100 of the Government Code is amended to read: 76100. (a) Except as provided in Article 3 (commencing with Section 76200), for the purpose of assisting any county in the acquisition, rehabilitation, construction, and financing of courtrooms or of a courtroom building or buildings containing facilities necessary or incidental to the operation of the justice system, the board of supervisors may establish in the county treasury a Courthouse Construction Fund into which shall be deposited the amounts specified in the resolutions adopted by the board of supervisors in accordance with this chapter. The moneys of the Courthouse Construction Fund shall be payable only for the purposes set forth in subdivision (b) and at the time necessary therefor, subject to the requirements set forth in Chapter 5.7 (commencing with Section 70301). (b) In conjunction with the acquisition, rehabilitation, construction, or financing of court buildings referred to in subdivision (a), the county may use the moneys of the Courthouse Construction Fund for either of the following: (1) To rehabilitate existing courtrooms or an existing courtroom building or buildings for other uses if a new courtroom or a courtroom building or buildings are acquired, constructed, or financed. (2) To acquire, rehabilitate, construct, or finance excess courtrooms or an excess courtroom building or buildings, if that excess is anticipated to be needed at a later time. (c) Any excess courtroom or excess courtroom building or buildings that are acquired, rehabilitated, constructed, or financed pursuant to subdivision (b) may be leased or rented for uses other than the operation of the justice system until the excess courtrooms or excess courtroom building or buildings are needed for the operation of the justice system. Any amount received as lease or rental payments pursuant to this subdivision shall be deposited in the Courthouse Construction Fund. (d) The fund moneys shall be held by the county treasurer separate from any funds subject to transfer or division pursuant to Section 1463 of the Penal Code. SEC. 26. Section 42007 of the Vehicle Code is amended to read: 42007. (a) The clerk of the court shall collect a fee from every person who is ordered or permitted to attend a traffic violator school pursuant to Section 42005 or who attends any other court-supervised program of traffic safety instruction. The fee shall be in an amount equal to the total bail set forth for the eligible offense on the uniform countywide bail schedule. As used in this subdivision, "total bail" means the amount established pursuant to Section 1269b of the Penal Code in accordance with the Uniform Statewide Bail Schedule adopted by the Judicial Council, including all assessments, surcharges, and penalty amounts. Where multiple offenses are charged in a single notice to appear, the "total bail" is the amount applicable for the greater of the qualifying offenses. However, the court may determine a lesser fee under this subdivision upon a showing that the defendant is unable to pay the full amount. The fee shall not include the cost, or any part thereof, of traffic safety instruction offered by the school or other program. (b) Revenues derived from the fee collected under this section shall be deposited in accordance with Section 68084 of the Government Code in the general fund of the county and, as may be applicable, distributed as follows: (1) In any county in which a fund is established pursuant to Section 76100 or 76101 of the Government Code, the sum of one dollar ($1) for each fund so established shall be deposited with the county treasurer and placed in that fund. (2) In any county that has established a Maddy Emergency Medical Services Fund pursuant to Section 1797.98a of the Health and Safety Code, an amount equal to the sum of each two dollars ($2) for every seven dollars ($7) that would have been collected pursuant to Section 76000 of the Government Code shall be deposited in that fund. Nothing in the act that added this paragraph shall be interpreted in a manner that would result in either of the following: (A) The utilization of penalty assessment funds that had been set aside, on or before January 1, 2000, to finance debt service on a capital facility that existed before January 1, 2000. (B) The reduction of the availability of penalty assessment revenues that had been pledged, on or before January 1, 2000, as a means of financing a facility which was approved by a county board of supervisors, but on January 1, 2000, is not under construction. (3) The amount of the fee that is attributable to Section 70372 of the Government Code shall be transferred pursuant to subdivision (f) of that section. (c) For fees resulting from city arrests, an amount equal to the amount of base fines that would have been deposited in the treasury of the appropriate city pursuant to paragraph (3) of subdivision (b) of Section 1463.001 of the Penal Code shall be deposited in the treasury of the appropriate city. (d) As used in this section, "court-supervised program" includes, but is not limited to, any program of traffic safety instruction the successful completion of which is accepted by the court in lieu of adjudicating a violation of this code. (e) The Judicial Council shall study the minimum eligibility criteria governing drivers seeking to attend traffic violator's school, and report to the Legislature on the advisability of uniform statewide criteria on or before January 1, 1993. (f) The clerk of the court, in a county that offers traffic school shall include in any courtesy notice mailed to a defendant for an offense that qualifies for traffic school attendance the following statement: NOTICE: If you are eligible and decide not to attend traffic school your automobile insurance may be adversely affected. SEC. 27. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.