BILL NUMBER: SB 1182 CHAPTERED 07/01/08 CHAPTER 56 FILED WITH SECRETARY OF STATE JULY 1, 2008 APPROVED BY GOVERNOR JULY 1, 2008 PASSED THE SENATE APRIL 1, 2008 PASSED THE ASSEMBLY JUNE 16, 2008 INTRODUCED BY Senator Ackerman FEBRUARY 12, 2008 An act to repeal and add Section 396 of the Code of Civil Procedure, to amend Sections 16265.1, 16265.2, 16265.4, 16265.5 of, and to repeal Sections 16265.3, 16265.6, 68618, and 71617 of, the Government Code, and to amend Section 603.5 of the Welfare and Institutions Code, relating to trial courts. LEGISLATIVE COUNSEL'S DIGEST SB 1182, Ackerman. Trial courts: restructuring. Existing law provides for the restructuring of the trial court system, including the abolition of municipal courts, the unification of those courts with superior courts, and state funding of trial courts. This bill would delete provisions that have become obsolete as a result of that trial court restructuring. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 396 of the Code of Civil Procedure is repealed. SEC. 2. Section 396 is added to the Code of Civil Procedure, to read: 396. (a) No appeal or petition filed in the superior court shall be dismissed solely because the appeal or petition was not filed in the proper state court. (b) If the superior court lacks jurisdiction of an appeal or petition, and a court of appeal or the Supreme Court would have jurisdiction, the appeal or petition shall be transferred to the court having jurisdiction upon terms as to costs or otherwise as may be just, and proceeded with as if regularly filed in the court having jurisdiction. SEC. 3. Section 16265.1 of the Government Code is amended to read: 16265.1. The Legislature finds and declares all of the following: (a) The provision of basic social welfare and public health programs by counties is a matter of statewide interest. (b) In some cases, the costs of these programs have grown more quickly than the counties' own general purpose revenues. (c) A county should not be required to drastically divert its own general purpose revenues from other public programs in order to pay for basic social welfare and public health programs. (d) California residents should not be denied the benefits of these programs because counties are hampered by a severe lack of funds for these purposes. (e) Accordingly, it is the intent of the Legislature in enacting this chapter to protect the public peace, health, and safety by stabilizing counties' revenues. SEC. 4. Section 16265.2 of the Government Code is amended to read: 16265.2. As used in this chapter: (a) "County" means a county and a city and county. (b) "County costs of eligible programs" means the amount of money other than federal and state funds, as reported by the State Department of Social Services to the Department of Finance or as derived from the Controller's "Annual Report of Financial Transactions Concerning Counties of California," that each county spends for each of the following: (1) The Aid to Families with Dependent Children for Family Group and Unemployed Parents programs plus county administrative costs for each program minus the county's share of child support collections for each program, as described in Sections 10100, 10101, and 11250 of, and subdivisions (a) and (b) of Section 15200 of, the Welfare and Institutions Code. (2) The county share of the cost of service provided for the In-Home Supportive Services Program, as described in Sections 10100, 10101, and 12306 of the Welfare and Institutions Code. (3) The community mental health program, as described in Section 5705 of the Welfare and Institutions Code. (4) The county share of the Food Stamp Program, as described in Section 18906.5 of the Welfare and Institutions Code. (c) "General purpose revenues" means revenues received by a county whose purpose is not restricted by state law to a particular purpose or program, as reported in the Controller's "Annual Report of Financial Transactions Concerning Counties of California." "General purpose revenues" are limited to all of the following: (1) Property tax revenues, exclusive of those revenues dedicated to repay voter approved indebtedness, received pursuant to Part 0.5 (commencing with Section 50) of Division 1 of the Revenue and Taxation Code, or received pursuant to Section 33401 of the Health and Safety Code. (2) Sales tax revenues received pursuant to Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code. (3) Any other taxes levied by a county. (4) Fines and forfeitures. (5) Licenses, permits, and franchises. (6) Revenue derived from the use of money and property. (7) Vehicle license fees received pursuant to Section 11005 of the Revenue and Taxation Code. (8) Revenues from cigarette taxes received pursuant to Part 13 (commencing with Section 30001) of Division 2 of the Revenue and Taxation Code. (9) Revenue received as open-space subventions pursuant to Chapter 3 (commencing with Section 16140) of Part 1. (10) Revenue received as homeowners' property tax exemption subventions pursuant to Chapter 2 (commencing with Section 16120) of Part 1. (11) General revenue sharing funds received from the federal government. "General purpose revenues" does not include revenues received by a county pursuant to Chapter 3 (commencing with Section 15200) of Part 6 of Division 3. SEC. 5. Section 16265.3 of the Government Code is repealed. SEC. 6. Section 16265.4 of the Government Code is amended to read: 16265.4. (a) On or before October 31 of each year, the Director of Finance shall do all of the following: (1) Determine for each county the county costs of eligible programs and each county's general purpose revenues for the 1981-82 fiscal year. (2) Determine a percentage for each county by dividing the county costs of eligible programs by the general purpose revenues for the 1981-82 fiscal year. (3) Make the determination as prescribed by paragraphs (1) and (2) for each county for each fiscal year. (4) Compare the percentage determined pursuant to paragraph (3) with the percentage determined pursuant to paragraph (2). (5) For any fiscal year in which the percentage determined pursuant to paragraph (3) is greater than the percentage determined pursuant to paragraph (2), determine an amount necessary to offset the difference. (6) Determine an amount that is the sum of the amounts for all counties determined pursuant to paragraph (5). (b) On or before October 31 of each year, the Director of Finance shall determine an amount for each county as prescribed by paragraph (5) of subdivision (a) for the applicable fiscal year. (c) On or before October 31 of each year, the Director of Finance shall certify the amount determined for each county pursuant to subdivision (b) to the Controller. (d) On or before November 30 of each year, the Controller shall issue a warrant to each county, as applicable, in the amount certified by the Director of Finance under subdivision (c). SEC. 7. Section 16265.5 of the Government Code is amended to read: 16265.5. If a statute appropriates more than fifteen million dollars ($15,000,000) for the purposes of this chapter in a fiscal year, then Section 16265.4 shall not apply to the allocation of that amount of money which is greater than fifteen million dollars ($15,000,000). It is the intent of the Legislature to allocate any amount of money greater than fifteen million dollars ($15,000,000) based on criteria which shall consider the costs to counties of welfare and indigent health care. SEC. 8. Section 16265.6 of the Government Code is repealed. SEC. 9. Section 68618 of the Government Code is repealed. SEC. 10. Section 71617 of the Government Code is repealed. SEC. 11. Section 603.5 of the Welfare and Institutions Code is amended to read: 603.5. (a) Notwithstanding any other provision of law, in a county that adopts the provisions of this section, jurisdiction over the case of a minor alleged to have committed only a violation of the Vehicle Code classified as an infraction or a violation of a local ordinance involving the driving, parking, or operation of a motor vehicle, is with the superior court, except that the court may refer to the juvenile court for adjudication, cases involving a minor who has been adjudicated a ward of the juvenile court, or who has other matters pending in the juvenile court. (b) The cases specified in subdivision (a) shall not be governed by the procedures set forth in the juvenile court law. (c) Any provisions of juvenile court law requiring that confidentiality be observed as to cases and proceedings, prohibiting or restricting the disclosure of juvenile court records, or restricting attendance by the public at juvenile court proceedings shall not apply. The procedures for bail specified in Chapter 1 (commencing with Section 1268) of Title 10 of Part 2 of the Penal Code shall apply. (d) The provisions of this section shall apply in a county in which the trial courts make the section applicable as to any matters to be heard and the court has determined that there is available funding for any increased costs.