BILL NUMBER: AB 314	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gorell

                        FEBRUARY 9, 2011

   An act to amend Section 70374 of the Government Code, and to amend
Section 10335.7 of the Public Contract Code, relating to court
facilities.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 314, as introduced, Gorell. Court facilities.
   Existing law designates the Judicial Council as the entity having
full responsibility, jurisdiction, control, and authority over trial
court facilities for which title is held by the state, including the
acquisition and development of facilities, subject to specified
requirements, including the requirement that the acquisition and
construction of court facilities be subject to the State Building
Construction Act of 1955 and the Property Acquisition Law, as
provided.
   This bill would instead require that contracts pertaining to the
acquisition and construction of the court facilities to be subject to
the provisions of the Public Contract Code, as provided.
   Provisions within the Public Contract Code require bidders to
submit specified information under penalty of perjury.
   By now requiring bidders for the acquisition and construction of
court facilities to execute bids under the Public Contract Code and
be subject to criminal prosecution, this bill creates a new crime and
thereby imposes a state-mandated local program.
   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.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  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 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  provisions of the Public Contract Code  .
   (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) (1) Except as provided in Section 70374.2 and paragraph (2) of
this subdivision, 25 percent of all moneys 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.
   (2) Paragraph (1) shall not apply to moneys that have been
deposited in the Immediate and Critical Needs Account of the State
Court Facilities Construction Fund, established in Section 70371.5.
   (e) 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) 
 Public Contract Code  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.
  SEC. 2.  Section 10335.7 of the Public Contract Code is amended to
read:
   10335.7.  "State agency," as used in this article, means every
state office, department, division, bureau, board, or commission, but
does not include the Legislature, the courts, or any agency in the
judicial branch of government.  However, "state agency" does
include the   courts, or any agency in the judicial branch
of government, with respect to contracts pertaining to the
acquisition and construction of court facilities. 
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.