BILL NUMBER: AB 1435 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 19, 2005
INTRODUCED BY Assembly Member Evans
FEBRUARY 22, 2005
An act to amend Section 76100 Sections
70403 and 76100 of the Government Code, relating to courts.
LEGISLATIVE COUNSEL'S DIGEST
AB 1435, as amended, 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. Existing law requires counties to make reports to the
Administrative Office of the Courts and to the Department of Finance
accounting for the receipt and expenditure of these funds, as
specified, and provides that funds used for purposes other than ones
specifically permitted must be repaid.
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. This bill would specify that certain of the changes
it makes are declarative of existing law and would require that these
provisions be used to make determinations regarding whether the
funds described above were used for authorized purposes. The bill
would require the Judicial Council to submit a report on county
receipts and expenditures in connection with these funds to the
Legislature on or before January 1, of each year.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 70403 of the Government Code
is amended to read:
70403. (a) Each county shall submit a report to the
Administrative Director of the Courts and the Director of Finance
accounting for all receipts and expenditures from the local
courthouse construction fund established pursuant to Section 76100
for the period from January 1, 1998, to the date of transfer of the
fund pursuant to subdivision (a) of Section 70402 or December 31,
2005, whichever is earlier.
(b) If the county retains the fund under subdivision (a) of
Section 70325 for payment on existing bonded indebtedness of a
courthouse facility, the county shall submit annual updates on all
receipts and expenditures from the local courthouse construction
fund, within 90 days of the end of each fiscal year, to the
Administrative Director of the Courts and the Director of Finance.
(c) Any expenditures made from the fund for a purpose other than
those specified in Section 76100 must be repaid to the state for
deposit in the State Court Facilities Construction Fund pursuant to
Section 70402. Either the Administrative Director of the Courts or
the Director of the Department of Finance may provide the county with
notice that an expenditure made from the fund was for a purpose
other than as specified in Section 76100. If the county disagrees
with the determination, it may appeal the determination to the Court
Facilities Dispute Resolution Committee pursuant to Section 70303.
(d) On or before January 1, 2007, and on or before each January 1,
thereafter, the Judicial Council shall submit a report to the budget
and fiscal committees of the Legislature based on the information
received from counties pursuant to this section.
SECTION 1.
SEC. 2. 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, 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 this subdivision and 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, an existing courtroom
building or buildings, or court facilities, for other uses if a new
courtroom, a courtroom building or buildings, or court facilities are
acquired, constructed, or financed.
(2) To acquire, rehabilitate, construct, or finance excess
courtrooms, 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, 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, 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.
(e) The amendments made to subdivision (a) by the act adding this
subdivision are declarative of existing law and shall be used for
determinations made pursuant to subdivision (c) of Section 70403.