BILL NUMBER: AB 1435	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Evans

                        FEBRUARY 22, 2005

   An act to amend Section 76100 of the Government Code, relating to
courts.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1435, as introduced, Evans.   Courthouse Construction Fund.
   Existing law authorizes the board of supervisors of any county to
establish in the county treasury a Courthouse Construction Fund into
which penalties collected by the counties on fines for criminal
offenses are deposited for the purpose of assisting the 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.
   This bill would authorize moneys in the Courthouse Construction
Fund to also be used for the purpose of assisting the county in the
acquisition, rehabilitation, construction, and financing of court
facilities.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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


  SECTION 1.  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  , or court facilities  ,
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  , or court
facilities,  for other uses if a new courtroom  or
  ,  a courtroom building or buildings  , or
court facilities  are acquired, constructed, or financed.
   (2) To acquire, rehabilitate, construct, or finance excess
courtrooms  or   ,  an excess courtroom
building or buildings,  or excess court facilities,  if that
excess is anticipated to be needed at a later time.
   (c) Any excess courtroom  or   ,  excess
courtroom building or buildings  , or excess court facilities,
 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  , or excess court facilities,  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.