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GOVERNMENT CODE
SECTION 70371-70379



70371.  There is hereby established the State Court Facilities
Construction Fund, the proceeds of which shall be subject to the
provisions of this article. Improvement of the court facilities and
the construction funds generated by this article are intended to
further reasonable access to the courts and judicial process
throughout the state for all parties.



70371.5.  (a) There is hereby established the Immediate and Critical
Needs Account of the State Court Facilities Construction Fund, the
proceeds of which shall only be used for any of the following:
   (1) The planning, design, construction, rehabilitation,
renovation, replacement, or acquisition of court facilities.
   (2) Repayment for moneys appropriated for lease of court
facilities pursuant to the issuance of lease-revenue bonds.
   (3) Payment for lease or rental of court facilities or payment of
service contracts, including those made for facilities in which one
or more private sector participants undertake some of the risks
associated with the financing, design, construction, or operation of
the facility.
   (b) Any funds expended from the Immediate and Critical Needs
Account are not subject to Section 77202.
   (c) Notwithstanding Section 13340, until July 1, 2012, the
Immediate and Critical Needs Account is hereby continuously
appropriated, without regard to fiscal year, only for the purposes of
acquiring real property and completing preliminary plans.
   (d) It is the intent of the Legislature that the money in the
Immediate and Critical Needs Account shall be used in part to pay the
debt service of lease revenue bonds, notes, bond anticipation notes,
or other appropriate financial instruments used to pay for the costs
referred to in subdivision (a) in the amount of up to five billion
dollars ($5,000,000,000). The total bonded indebtedness shall not
exceed that amount for which fine and fee revenues may fully satisfy
the debt service.
   (e) The Judicial Council shall collect and make available upon
request information regarding the moneys deposited in the Immediate
and Critical Needs Account resulting from new and increased fees,
assessments, and penalties authorized by the act that added this
section.
   (f) (1) The Judicial Council shall make recommendations to the
State Public Works Board before it undertakes projects based on its
determination that the need for a project is most immediate and
critical using the then most recent version of the Prioritization
Methodology for Trial Court Capital-Outlay Projects originally
adopted on August 26, 2006, subject to the availability of funds in
the Immediate and Critical Needs Account. Any such recommendation
shall be accompanied by a certification that there are sufficient
funds in the Immediate and Critical Needs Account. The State Public
Works Board shall establish the scope and cost for each individual
project.
   (2) The Legislature finds that there may not be enough resources
to pay for the cost of the projects identified as immediate and
critical needs by the Judicial Council pursuant to its Prioritization
Methodology for Trial Court Capital-Outlay Projects originally
adopted on August 26, 2006, even after considering any bonded
indebtedness that may be issued relying at least in part on those
resources. Therefore, in choosing which projects shall be recommended
to the State Public Works Board to be funded from the Immediate and
Critical Needs Account, the Judicial Council shall consider and
apply, as appropriate, the following factors, among others:
   (A) Any economic opportunity that exists for a project.
   (B) The effect on available resources of using alternative methods
of project delivery as provided by Section 70391.5.
   (3) Nothing in paragraph (2) shall authorize the Judicial Council
to exceed the resources provided by the Immediate and Critical Needs
Account, together with other available resources, in undertaking
projects identified as immediate and critical needs.
   (4) As used in paragraph (2), "economic opportunity" includes, but
is not limited to, free or reduced costs of land for new
construction, viable financing partnerships with, or fund
contributions by, other government entities or private parties that
result in lower project delivery costs, cost savings resulting from
adaptive reuse of existing facilities, operational efficiencies from
consolidation of court calendars and operations, operational savings
from sharing of facilities by more than one court, and building
operational cost savings from consolidation of facilities.
   (5) The Judicial Council shall not consider and apply an economic
opportunity unless it is reasonably assured that the economic
opportunity is viable and will be realized. If a project is selected
for funding based on an economic opportunity that is withdrawn after
the project is approved, the Judicial Council may cancel the project.



70371.6.  The Judicial Council is authorized to acquire sites for
the replacement of deficient court facilities within the Counties of
Butte (New North County Courthouse), Los Angeles (New Southeast Los
Angeles Courthouse), Tehama (New Red Bluff Courthouse), and Yolo (New
Woodland Courthouse), as identified in the Immediate Needs Priority
Group identified by the Judicial Branch Five-Year Infrastructure
Plan, as adopted by the Judicial Council on April 25, 2008.



70371.7.  (a) Prior to seeking the State Public Works Board
establishment of the scope and cost, the Judicial Council shall
submit a report to the Joint Legislative Budget Committee describing
the scope, budget, schedule, number of courtrooms, number of secure
holding cells, and square footage of administrative support space to
be constructed or renovated. If the Joint Legislative Budget
Committee fails to take any action with respect to each report within
30 days after submittal, this inaction shall be deemed to be
approval for the purposes of this section, and the Judicial Council
is authorized to proceed to acquire real property and complete
preliminary plans.
   (b) (1) Upon certification of the availability of funds within the
Immediate and Critical Needs Account, and the establishment of the
project scope and cost by the State Public Works Board,
notwithstanding any other provision of law, the Judicial Council is
authorized to acquire real property and to complete preliminary plans
for the superior court capital outlay projects adopted by the
Judicial Council on October 24, 2008, identified in the Update to
Trial Court Capital-Outlay Plan and Prioritization Methodology, or
most recent version thereof.
   (2) It is the intent of the Legislature that funding for working
drawings and construction be appropriated in the next annual Budget
Act following approval by the State Public Works Board of preliminary
plans completed pursuant to paragraph (1).
   (3) The scope and cost of the projects, including augmentations,
authorized by this section shall be subject to approval and
administrative oversight by the State Public Works Board pursuant to
Section 13332.11 or 13332.19. For purposes of this section, the
availability of an augmentation for each individual project shall be
calculated based on the total capital outlay cost as established by
the board.


70371.8.  The Judicial Council shall report to the Joint Legislative
Budget Committee and chairs of the Senate Committee on Budget and
Fiscal Review and the Assembly Committee on Budget by March 1 of each
year on the status of each project established by the State Public
Works Board under Section 70371.7. The report shall also include an
accounting of the revenues generated and expenditures made in the
Immediate and Critical Needs Account.



70371.9.  (a) The Judicial Council shall conduct a pilot program
until July 1, 2013, to assess the benefits and impacts of both of the
following:
   (1) Requiring all subcontractors with bids in excess of five
hundred thousand dollars ($500,000) to pay for employee health care
expenditures for their construction field employees working in
California.
   (2) Giving two quality points out of 100 quality points to a
proposing construction manager at risk that pays for employee health
care expenditures for its construction field employees working in
California.
   (b) The Judicial Council shall, after consulting with applicable
stakeholders, select three courthouse construction projects from
those funded by the Immediate and Critical Needs Account established
by Section 70371.5 to implement the pilot program, including one
project with estimated construction costs in excess of two hundred
million dollars ($200,000,000), one project with estimated
construction costs between one hundred million dollars ($100,000,000)
and two hundred million dollars ($200,000,000), and one project with
estimated construction costs between seventy-five million dollars
($75,000,000) and one hundred million dollars ($100,000,000).
   (c) The Administrative Office of Courts shall provide two quality
points out of a total 100 quality points to construction managers at
risk that submit proposals and certify that they are qualified.
   (1) A proposer qualifies for the two quality points pursuant to
this subdivision if, for the six-month period immediately preceding
submission of the proposal, the proposer's aggregate California
employee health care expenditures were equal to at least 6.5 percent
of that proposer's aggregate California social security wages.
   (2) A proposer shall receive two quality points by certifying that
it qualifies for the two points on a form provided by the
Administrative Office of the Courts.
   (3) Any proposer that certifies that it qualifies for the two
quality points shall provide to the Administrative Office of the
Courts, upon request, sufficient records to show that the proposer is
qualified. The failure to supply the records within a reasonable
time, as specified by the Administrative Office of the Courts, may
result in the proposer's disqualification.
   (d) (1) A subcontractor shall not be awarded a subcontract in
excess of five hundred thousand dollars ($500,000) on a project under
the pilot program unless, for the six-month period immediately
preceding the effective date of the subcontract, the subcontractor's
aggregate California employee health care expenditures were equal to
at least 6.5 percent of that subcontractor's aggregate California
social security wages. The Administrative Office of the Courts may
waive this requirement if no economically feasible bid is received.
   (2) Each subcontractor awarded a subcontract in excess of five
hundred thousand dollars ($500,000) on a project under the pilot
program shall submit to the construction manager at risk, prior to
execution of its subcontract, a statement on a form provided by the
Administrative Office of the Courts certifying that it has complied
with the requirement in paragraph (1).
   (3) A subcontractor awarded a subcontract in excess of five
hundred thousand dollars ($500,000) on a project under the pilot
program shall provide to the construction manager at risk, upon
request, sufficient records to show that the proposer has complied
with paragraph (1).
   (e) In order to evaluate the benefits of this pilot program,
including the potential improvement of health care coverage for
construction field employees, potential savings to the State of
California from not having to pay for health care for uninsured
workers and their dependents, and other impacts, including potential
increased project costs, the Administrative Office of the Courts
shall collect and analyze data to assess the impact of subdivisions
(b) and (c) and issue a report summarizing the data and analysis on
or before July 1, 2015. The Administrative Office of the Courts may
contract with third-party consultants in collecting and analyzing the
data and preparing the report.
   (f) For purposes of this section, the following terms have the
following meanings:
   (1) "Aggregate California employee health care expenditures" means
all amounts paid by a proposer or subcontractor to its construction
field employees in California or to a third party on behalf of a
proposer's or subcontractor's construction field employees in
California, for the purpose of providing health care services to the
construction field employees or reimbursing the cost of those
services for the construction field employees, including, but not
limited to, all of the following:
   (A) Contributions on behalf of employees to a health savings
account, as defined under Section 223 of the Internal Revenue Code,
or to any other account having substantially the same purpose or
effect without regard to whether the contributions qualify for a tax
deduction or are excludable from employee income.
   (B) Reimbursement to employees for expenses incurred in the
purchase of health care services.
   (C) Payments to a third party for the purpose of providing health
care services for employees.
   (D) Payments pursuant to a collective bargaining agreement for the
purpose of providing health care services for employees.
   (E) Costs incurred in the direct delivery of health care services
to employees.
   (2) "Aggregate California social security wages" means the
aggregate amount of wages paid to all of a proposer's or
subcontractor's construction field employees in California, not
including any wages that are above the federal social security
contribution and benefit base, sometimes referred to as the social
security wage base, for the year in which they are paid.
   (3) "Construction field employees" means a proposer's or
subcontractor's workers who perform construction labor at
construction jobsites.
   (4) "Health care services" means medical care, services, or goods
that qualify as tax deductible medical care expenses under Section
213 of the Internal Revenue Code, or medical care, services, or goods
having substantially the same purpose or effect as those deductible
expenses.
   (g) This section shall become inoperative on July 1, 2015, and, as
of January 1, 2016, is repealed, unless a later enacted statute that
is enacted before January 1, 2016, deletes or extend the dates on
which it becomes operative and is repealed.



70372.  (a) (1) Except as otherwise provided in subdivision (b) of
Section 70375 and in this article, there shall be levied a state
court construction penalty, in the amount of five dollars ($5) for
every ten dollars ($10), or part of ten dollars ($10), upon every
fine, penalty, or forfeiture imposed and collected by the courts for
all criminal offenses, including, but not limited to, all offenses
involving a violation of a section of the Fish and Game Code, the
Health and Safety Code, or the Vehicle Code or any local ordinance
adopted pursuant to the Vehicle Code. This penalty is in addition to
any other state or local penalty, including, but not limited to, the
penalty provided by Section 1464 of the Penal Code and Section 76000.
   (2) The amount of the court construction penalty may be reduced by
a county as provided in subdivision (b) of Section 70375.
   (3) This construction penalty does not apply to the following:
   (A) Any restitution fine.
   (B) Any penalty authorized by Section 1464 of the Penal Code or
Chapter 12 (commencing with Section 76000) of Title 8.
   (C) Any parking offense subject to Article 3 (commencing with
Section 40200) of Chapter 1 of Division 17 of the Vehicle Code.
   (D) The state surcharge authorized by Section 1465.7 of the Penal
Code.
   (4) Any bail schedule adopted pursuant to Section 1269b of the
Penal Code or adopted by the Judicial Council pursuant to Section
40310 of the Vehicle Code may include the necessary amount to pay the
penalty established by this section, the penalties authorized by
Section 1464 of the Penal Code and Chapter 12 (commencing with
Section 76000) of Title 8, and the surcharge authorized by Section
1465.7 of the Penal Code for all matters where a personal appearance
is not mandatory and the bail is posted primarily to guarantee
payment of the fine. After a determination by the court of the amount
due, the clerk of the court shall collect the penalty and transmit
it immediately to the county treasury and the county treasurer shall
transmit these sums as provided in subdivision (f).
   (b) In addition to the penalty provided by subdivision (a), for
every parking offense where a parking penalty, fine, or forfeiture is
imposed, an added state court construction penalty of four dollars
and fifty cents ($4.50) shall be included in the total penalty, fine,
or forfeiture. 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. 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 subdivision. Each
agency that elects to process parking violations shall pay to the
county treasurer four dollars and fifty cents ($4.50) for the parking
penalty imposed by this subdivision for each violation that is not
filed in court. Those payments to the county treasurer shall be made
monthly, and the county treasurer shall transmit these sums as
provided in paragraph (2) of subdivision (f). In the event these
payments were deposited in a local courthouse construction fund and
expended pursuant to the provisions of Chapter 592 of the Statutes of
2003, no county or processing agency shall be liable for the failure
to transmit the payments to the Controller during the 2008 calendar
year.
   (c) If multiple offenses are involved, the state court
construction penalty under subdivision (a) shall be based upon the
total fine or bail for each case. If a fine is suspended, in whole or
in part, the state court construction penalty under subdivision (a)
shall be reduced in proportion to the suspension.
   (d) If any deposited bail is made for an offense to which this
section applies, and for which a court appearance is not mandatory,
the person making the deposit shall also deposit a sufficient amount
to include the state court construction penalty prescribed by
subdivision (a) for forfeited bail. If bail is returned, the state
court construction penalty paid thereon pursuant to subdivision (a)
shall also be returned.
   (e) In any case where a person convicted of any offense, to which
this section applies, is in prison until the fine is satisfied, the
judge may waive all or any part of the state court construction
penalty, the payment of which would work a hardship on the person
convicted or his or her immediate family.
   (f) (1) Within 45 days after the end of the month that moneys are
deposited in the county treasury pursuant to subdivision (a), the
county treasurer shall transmit the moneys to the Controller, to be
deposited as follows:
   (A) The total to be deposited pursuant to subdivision (a) shall be
multiplied by a fraction as follows:
   (i) The numerator is the amount imposed as of January 1, 1998, as
an additional penalty on every ten dollars ($10), or part of ten
dollars ($10), upon every fine, penalty, or forfeiture, if any, for
deposit into the local courthouse construction fund in that county
established pursuant to Sections 76000 and 76100. The numerator shall
be expressed in whole dollars and fractions of a dollar.
   (ii) The denominator is five dollars ($5).
   (B) The resulting amount shall be deposited in the Immediate and
Critical Needs Account of the State Court Facilities Construction
Fund, established in Section 70371.5.
   (C) The remaining amount of the deposit shall be deposited in the
State Court Facilities Construction Fund.
   (2) Within 45 days after the end of the month that moneys are
deposited in the county treasury pursuant to subdivision (b), the
county treasurer shall transmit the moneys to the Controller to be
deposited as follows: one-third of the total amount shall be
deposited in the State Court Facilities Construction Fund and
two-thirds of the total amount shall be deposited in the Immediate
and Critical Needs Account of the State Court Facilities Construction
Fund, established in Section 70371.5.


70373.  (a) (1) To ensure and maintain adequate funding for court
facilities, an assessment shall be imposed on every conviction for a
criminal offense, including a traffic offense, except parking
offenses as defined in subdivision (i) of Section 1463 of the Penal
Code, involving a violation of a section of the Vehicle Code or any
local ordinance adopted pursuant to the Vehicle Code. The assessment
shall be imposed in the amount of thirty dollars ($30) for each
misdemeanor or felony and in the amount of thirty-five dollars ($35)
for each infraction.
   (2) For the purposes of this section, "conviction" includes the
dismissal of a traffic violation on the condition that the defendant
attend a court-ordered traffic violator school, as authorized by
Sections 41501 and 42005 of the Vehicle Code. This assessment shall
be deposited in accordance with subdivision (d), and may not be
included with the fee calculated and distributed pursuant to Section
42007 of the Vehicle Code.
   (b) This assessment shall be in addition to the state penalty
assessed pursuant to Section 1464 of the Penal Code and may not be
included in the base fine to calculate the state penalty assessment
as specified in subdivision (a) of Section 1464 of the Penal Code.
The penalties authorized by Chapter 12 (commencing with Section
76000), and the state surcharge authorized by Section 1465.7 of the
Penal Code, do not apply to this assessment.
   (c) When bail is deposited for an offense to which this section
applies, and for which a court appearance is not necessary, the
person making the deposit also shall deposit a sufficient amount to
include the assessment prescribed by this section.
   (d) Notwithstanding any other law, the assessments collected
pursuant to subdivision (a) shall all be deposited in a special
account in the county treasury and transmitted therefrom monthly to
the Controller for deposit in the Immediate and Critical Needs
Account of the State Court Facilities Construction Fund, established
in Section 70371.5.
   (e) The Judicial Council shall provide for the administration of
this section.



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.
   (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) 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.



70374.2.  Notwithstanding subdivision (d) of Section 70374, in order
to ensure that funding is available to support the construction of
the new court facility projects approved in the Budget Act of 2007,
the Judicial Council shall not commit to additional expenditures from
the State Court Facilities Construction Fund above the amount
appropriated in the Budget Act of 2007 unless the expenditures are
replaced with increased funds to the fund.



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) The authority for all of the following shall expire
proportionally on the June 30th following 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 70622.
   (3) A filing fee surcharge in the County of San Bernardino
established pursuant to Section 70624.
   (4) A filing fee surcharge in the City and County of San Francisco
established pursuant to Section 70625.
   (c) For purposes of subdivision (c), 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.



70376.  It is the intent of the Legislature that funding for
courthouse alteration, renovation, and construction be funded by
money in the State Court Facilities Construction Fund and additional
money as necessary from the state.


70377.  (a) Any amounts required to be transmitted by a county to
the Controller pursuant to this article shall be remitted no later
than 45 days after the end of the month in which the penalties were
collected. Any remittance made later than this time shall be
considered delinquent and subject to the penalties specified in this
section.
   (b) Upon receipt of any delinquent payment required pursuant to
this section, the Controller shall calculate a penalty on any
delinquent payment by multiplying the amount of the delinquent
payment at a daily rate equivalent to 1 1/2 percent per month for the
number of days the payment is delinquent.
   (c) Penalty amounts calculated pursuant to subdivision (b) shall
be paid by the county to the Controller no later than 45 days after
the end of the month in which the penalty was calculated. All money
received by the Controller under this section shall be deposited in
the State Court Facilities Construction Fund.
   (d) If the penalty imposed by this section results from a court's
failure to comply with the requirements for timely deposit of money
with the county treasury, the court shall reimburse the county
general fund in an amount equal to the actual penalty.
Notwithstanding Section 77009, the court may pay this penalty from
money received from the Trial Court Trust Fund. This section does not
require an increase in a court's allocation from the Trial Court
Trust Fund.


70378.  The State Court Facilities Construction Fund shall be
invested in the Surplus Money Investment Fund and all interest earned
shall be allocated to the State Court Facilities Construction Fund
semiannually and shall be allocated as otherwise provided in this
article.



70379.  (a) The Court Facilities Architecture Revolving Fund is
hereby established in the State Treasury, and, notwithstanding
Section 13340, the fund is continuously appropriated, without regard
to fiscal years.
   (1) With the approval of the Department of Finance, and except as
otherwise specified in this section, there shall be transferred to,
or deposited in, the fund all money appropriated, contributed, or
made available from any source, including sources other than state
appropriations, for the purposes described in paragraph (2).
   (2) Moneys transferred to, or deposited in, the fund shall be
those administered by the Administrative Office of the Courts under
subdivision (b) of Section 70374 for the construction, alteration,
repair, and improvement of trial and appellate court buildings,
including, but not limited to, services, new construction, major
construction, minor construction, maintenance, improvements, and
equipment, and other building and improvement projects.
   (3) In addition to the approval of the Department of Finance, the
transfer or deposit of moneys into the fund shall be authorized by
the Administrative Office of the Courts, both with regard to funds
appropriated for the purposes specified in paragraph (2) or, as to
funds from sources other than state appropriations, subject to any
written agreement between the contributor or contributors of funds
and the Administrative Office of the Courts.
   (b) Money from state sources transferred to, or deposited in, the
fund for construction, services, equipment, repair, or improvement
shall be an amount necessary based on the actual, known, or firm
fixed price, upon approval of the Department of Finance.
   Any amount available in the state appropriation that is in excess
of the amount necessary based upon final actual costs of the
completed contract shall be transferred immediately to the credit of
the fund from which the appropriation was made.
   (c) Money transferred or deposited in the fund pursuant to
subdivision (a) shall be available for expenditure by the
Administrative Office of the Courts for the purposes for which
appropriated, contributed, or made available, without regard to
fiscal years.

State Codes and Statutes

Statutes > California > Gov > 70371-70379

GOVERNMENT CODE
SECTION 70371-70379



70371.  There is hereby established the State Court Facilities
Construction Fund, the proceeds of which shall be subject to the
provisions of this article. Improvement of the court facilities and
the construction funds generated by this article are intended to
further reasonable access to the courts and judicial process
throughout the state for all parties.



70371.5.  (a) There is hereby established the Immediate and Critical
Needs Account of the State Court Facilities Construction Fund, the
proceeds of which shall only be used for any of the following:
   (1) The planning, design, construction, rehabilitation,
renovation, replacement, or acquisition of court facilities.
   (2) Repayment for moneys appropriated for lease of court
facilities pursuant to the issuance of lease-revenue bonds.
   (3) Payment for lease or rental of court facilities or payment of
service contracts, including those made for facilities in which one
or more private sector participants undertake some of the risks
associated with the financing, design, construction, or operation of
the facility.
   (b) Any funds expended from the Immediate and Critical Needs
Account are not subject to Section 77202.
   (c) Notwithstanding Section 13340, until July 1, 2012, the
Immediate and Critical Needs Account is hereby continuously
appropriated, without regard to fiscal year, only for the purposes of
acquiring real property and completing preliminary plans.
   (d) It is the intent of the Legislature that the money in the
Immediate and Critical Needs Account shall be used in part to pay the
debt service of lease revenue bonds, notes, bond anticipation notes,
or other appropriate financial instruments used to pay for the costs
referred to in subdivision (a) in the amount of up to five billion
dollars ($5,000,000,000). The total bonded indebtedness shall not
exceed that amount for which fine and fee revenues may fully satisfy
the debt service.
   (e) The Judicial Council shall collect and make available upon
request information regarding the moneys deposited in the Immediate
and Critical Needs Account resulting from new and increased fees,
assessments, and penalties authorized by the act that added this
section.
   (f) (1) The Judicial Council shall make recommendations to the
State Public Works Board before it undertakes projects based on its
determination that the need for a project is most immediate and
critical using the then most recent version of the Prioritization
Methodology for Trial Court Capital-Outlay Projects originally
adopted on August 26, 2006, subject to the availability of funds in
the Immediate and Critical Needs Account. Any such recommendation
shall be accompanied by a certification that there are sufficient
funds in the Immediate and Critical Needs Account. The State Public
Works Board shall establish the scope and cost for each individual
project.
   (2) The Legislature finds that there may not be enough resources
to pay for the cost of the projects identified as immediate and
critical needs by the Judicial Council pursuant to its Prioritization
Methodology for Trial Court Capital-Outlay Projects originally
adopted on August 26, 2006, even after considering any bonded
indebtedness that may be issued relying at least in part on those
resources. Therefore, in choosing which projects shall be recommended
to the State Public Works Board to be funded from the Immediate and
Critical Needs Account, the Judicial Council shall consider and
apply, as appropriate, the following factors, among others:
   (A) Any economic opportunity that exists for a project.
   (B) The effect on available resources of using alternative methods
of project delivery as provided by Section 70391.5.
   (3) Nothing in paragraph (2) shall authorize the Judicial Council
to exceed the resources provided by the Immediate and Critical Needs
Account, together with other available resources, in undertaking
projects identified as immediate and critical needs.
   (4) As used in paragraph (2), "economic opportunity" includes, but
is not limited to, free or reduced costs of land for new
construction, viable financing partnerships with, or fund
contributions by, other government entities or private parties that
result in lower project delivery costs, cost savings resulting from
adaptive reuse of existing facilities, operational efficiencies from
consolidation of court calendars and operations, operational savings
from sharing of facilities by more than one court, and building
operational cost savings from consolidation of facilities.
   (5) The Judicial Council shall not consider and apply an economic
opportunity unless it is reasonably assured that the economic
opportunity is viable and will be realized. If a project is selected
for funding based on an economic opportunity that is withdrawn after
the project is approved, the Judicial Council may cancel the project.



70371.6.  The Judicial Council is authorized to acquire sites for
the replacement of deficient court facilities within the Counties of
Butte (New North County Courthouse), Los Angeles (New Southeast Los
Angeles Courthouse), Tehama (New Red Bluff Courthouse), and Yolo (New
Woodland Courthouse), as identified in the Immediate Needs Priority
Group identified by the Judicial Branch Five-Year Infrastructure
Plan, as adopted by the Judicial Council on April 25, 2008.



70371.7.  (a) Prior to seeking the State Public Works Board
establishment of the scope and cost, the Judicial Council shall
submit a report to the Joint Legislative Budget Committee describing
the scope, budget, schedule, number of courtrooms, number of secure
holding cells, and square footage of administrative support space to
be constructed or renovated. If the Joint Legislative Budget
Committee fails to take any action with respect to each report within
30 days after submittal, this inaction shall be deemed to be
approval for the purposes of this section, and the Judicial Council
is authorized to proceed to acquire real property and complete
preliminary plans.
   (b) (1) Upon certification of the availability of funds within the
Immediate and Critical Needs Account, and the establishment of the
project scope and cost by the State Public Works Board,
notwithstanding any other provision of law, the Judicial Council is
authorized to acquire real property and to complete preliminary plans
for the superior court capital outlay projects adopted by the
Judicial Council on October 24, 2008, identified in the Update to
Trial Court Capital-Outlay Plan and Prioritization Methodology, or
most recent version thereof.
   (2) It is the intent of the Legislature that funding for working
drawings and construction be appropriated in the next annual Budget
Act following approval by the State Public Works Board of preliminary
plans completed pursuant to paragraph (1).
   (3) The scope and cost of the projects, including augmentations,
authorized by this section shall be subject to approval and
administrative oversight by the State Public Works Board pursuant to
Section 13332.11 or 13332.19. For purposes of this section, the
availability of an augmentation for each individual project shall be
calculated based on the total capital outlay cost as established by
the board.


70371.8.  The Judicial Council shall report to the Joint Legislative
Budget Committee and chairs of the Senate Committee on Budget and
Fiscal Review and the Assembly Committee on Budget by March 1 of each
year on the status of each project established by the State Public
Works Board under Section 70371.7. The report shall also include an
accounting of the revenues generated and expenditures made in the
Immediate and Critical Needs Account.



70371.9.  (a) The Judicial Council shall conduct a pilot program
until July 1, 2013, to assess the benefits and impacts of both of the
following:
   (1) Requiring all subcontractors with bids in excess of five
hundred thousand dollars ($500,000) to pay for employee health care
expenditures for their construction field employees working in
California.
   (2) Giving two quality points out of 100 quality points to a
proposing construction manager at risk that pays for employee health
care expenditures for its construction field employees working in
California.
   (b) The Judicial Council shall, after consulting with applicable
stakeholders, select three courthouse construction projects from
those funded by the Immediate and Critical Needs Account established
by Section 70371.5 to implement the pilot program, including one
project with estimated construction costs in excess of two hundred
million dollars ($200,000,000), one project with estimated
construction costs between one hundred million dollars ($100,000,000)
and two hundred million dollars ($200,000,000), and one project with
estimated construction costs between seventy-five million dollars
($75,000,000) and one hundred million dollars ($100,000,000).
   (c) The Administrative Office of Courts shall provide two quality
points out of a total 100 quality points to construction managers at
risk that submit proposals and certify that they are qualified.
   (1) A proposer qualifies for the two quality points pursuant to
this subdivision if, for the six-month period immediately preceding
submission of the proposal, the proposer's aggregate California
employee health care expenditures were equal to at least 6.5 percent
of that proposer's aggregate California social security wages.
   (2) A proposer shall receive two quality points by certifying that
it qualifies for the two points on a form provided by the
Administrative Office of the Courts.
   (3) Any proposer that certifies that it qualifies for the two
quality points shall provide to the Administrative Office of the
Courts, upon request, sufficient records to show that the proposer is
qualified. The failure to supply the records within a reasonable
time, as specified by the Administrative Office of the Courts, may
result in the proposer's disqualification.
   (d) (1) A subcontractor shall not be awarded a subcontract in
excess of five hundred thousand dollars ($500,000) on a project under
the pilot program unless, for the six-month period immediately
preceding the effective date of the subcontract, the subcontractor's
aggregate California employee health care expenditures were equal to
at least 6.5 percent of that subcontractor's aggregate California
social security wages. The Administrative Office of the Courts may
waive this requirement if no economically feasible bid is received.
   (2) Each subcontractor awarded a subcontract in excess of five
hundred thousand dollars ($500,000) on a project under the pilot
program shall submit to the construction manager at risk, prior to
execution of its subcontract, a statement on a form provided by the
Administrative Office of the Courts certifying that it has complied
with the requirement in paragraph (1).
   (3) A subcontractor awarded a subcontract in excess of five
hundred thousand dollars ($500,000) on a project under the pilot
program shall provide to the construction manager at risk, upon
request, sufficient records to show that the proposer has complied
with paragraph (1).
   (e) In order to evaluate the benefits of this pilot program,
including the potential improvement of health care coverage for
construction field employees, potential savings to the State of
California from not having to pay for health care for uninsured
workers and their dependents, and other impacts, including potential
increased project costs, the Administrative Office of the Courts
shall collect and analyze data to assess the impact of subdivisions
(b) and (c) and issue a report summarizing the data and analysis on
or before July 1, 2015. The Administrative Office of the Courts may
contract with third-party consultants in collecting and analyzing the
data and preparing the report.
   (f) For purposes of this section, the following terms have the
following meanings:
   (1) "Aggregate California employee health care expenditures" means
all amounts paid by a proposer or subcontractor to its construction
field employees in California or to a third party on behalf of a
proposer's or subcontractor's construction field employees in
California, for the purpose of providing health care services to the
construction field employees or reimbursing the cost of those
services for the construction field employees, including, but not
limited to, all of the following:
   (A) Contributions on behalf of employees to a health savings
account, as defined under Section 223 of the Internal Revenue Code,
or to any other account having substantially the same purpose or
effect without regard to whether the contributions qualify for a tax
deduction or are excludable from employee income.
   (B) Reimbursement to employees for expenses incurred in the
purchase of health care services.
   (C) Payments to a third party for the purpose of providing health
care services for employees.
   (D) Payments pursuant to a collective bargaining agreement for the
purpose of providing health care services for employees.
   (E) Costs incurred in the direct delivery of health care services
to employees.
   (2) "Aggregate California social security wages" means the
aggregate amount of wages paid to all of a proposer's or
subcontractor's construction field employees in California, not
including any wages that are above the federal social security
contribution and benefit base, sometimes referred to as the social
security wage base, for the year in which they are paid.
   (3) "Construction field employees" means a proposer's or
subcontractor's workers who perform construction labor at
construction jobsites.
   (4) "Health care services" means medical care, services, or goods
that qualify as tax deductible medical care expenses under Section
213 of the Internal Revenue Code, or medical care, services, or goods
having substantially the same purpose or effect as those deductible
expenses.
   (g) This section shall become inoperative on July 1, 2015, and, as
of January 1, 2016, is repealed, unless a later enacted statute that
is enacted before January 1, 2016, deletes or extend the dates on
which it becomes operative and is repealed.



70372.  (a) (1) Except as otherwise provided in subdivision (b) of
Section 70375 and in this article, there shall be levied a state
court construction penalty, in the amount of five dollars ($5) for
every ten dollars ($10), or part of ten dollars ($10), upon every
fine, penalty, or forfeiture imposed and collected by the courts for
all criminal offenses, including, but not limited to, all offenses
involving a violation of a section of the Fish and Game Code, the
Health and Safety Code, or the Vehicle Code or any local ordinance
adopted pursuant to the Vehicle Code. This penalty is in addition to
any other state or local penalty, including, but not limited to, the
penalty provided by Section 1464 of the Penal Code and Section 76000.
   (2) The amount of the court construction penalty may be reduced by
a county as provided in subdivision (b) of Section 70375.
   (3) This construction penalty does not apply to the following:
   (A) Any restitution fine.
   (B) Any penalty authorized by Section 1464 of the Penal Code or
Chapter 12 (commencing with Section 76000) of Title 8.
   (C) Any parking offense subject to Article 3 (commencing with
Section 40200) of Chapter 1 of Division 17 of the Vehicle Code.
   (D) The state surcharge authorized by Section 1465.7 of the Penal
Code.
   (4) Any bail schedule adopted pursuant to Section 1269b of the
Penal Code or adopted by the Judicial Council pursuant to Section
40310 of the Vehicle Code may include the necessary amount to pay the
penalty established by this section, the penalties authorized by
Section 1464 of the Penal Code and Chapter 12 (commencing with
Section 76000) of Title 8, and the surcharge authorized by Section
1465.7 of the Penal Code for all matters where a personal appearance
is not mandatory and the bail is posted primarily to guarantee
payment of the fine. After a determination by the court of the amount
due, the clerk of the court shall collect the penalty and transmit
it immediately to the county treasury and the county treasurer shall
transmit these sums as provided in subdivision (f).
   (b) In addition to the penalty provided by subdivision (a), for
every parking offense where a parking penalty, fine, or forfeiture is
imposed, an added state court construction penalty of four dollars
and fifty cents ($4.50) shall be included in the total penalty, fine,
or forfeiture. 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. 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 subdivision. Each
agency that elects to process parking violations shall pay to the
county treasurer four dollars and fifty cents ($4.50) for the parking
penalty imposed by this subdivision for each violation that is not
filed in court. Those payments to the county treasurer shall be made
monthly, and the county treasurer shall transmit these sums as
provided in paragraph (2) of subdivision (f). In the event these
payments were deposited in a local courthouse construction fund and
expended pursuant to the provisions of Chapter 592 of the Statutes of
2003, no county or processing agency shall be liable for the failure
to transmit the payments to the Controller during the 2008 calendar
year.
   (c) If multiple offenses are involved, the state court
construction penalty under subdivision (a) shall be based upon the
total fine or bail for each case. If a fine is suspended, in whole or
in part, the state court construction penalty under subdivision (a)
shall be reduced in proportion to the suspension.
   (d) If any deposited bail is made for an offense to which this
section applies, and for which a court appearance is not mandatory,
the person making the deposit shall also deposit a sufficient amount
to include the state court construction penalty prescribed by
subdivision (a) for forfeited bail. If bail is returned, the state
court construction penalty paid thereon pursuant to subdivision (a)
shall also be returned.
   (e) In any case where a person convicted of any offense, to which
this section applies, is in prison until the fine is satisfied, the
judge may waive all or any part of the state court construction
penalty, the payment of which would work a hardship on the person
convicted or his or her immediate family.
   (f) (1) Within 45 days after the end of the month that moneys are
deposited in the county treasury pursuant to subdivision (a), the
county treasurer shall transmit the moneys to the Controller, to be
deposited as follows:
   (A) The total to be deposited pursuant to subdivision (a) shall be
multiplied by a fraction as follows:
   (i) The numerator is the amount imposed as of January 1, 1998, as
an additional penalty on every ten dollars ($10), or part of ten
dollars ($10), upon every fine, penalty, or forfeiture, if any, for
deposit into the local courthouse construction fund in that county
established pursuant to Sections 76000 and 76100. The numerator shall
be expressed in whole dollars and fractions of a dollar.
   (ii) The denominator is five dollars ($5).
   (B) The resulting amount shall be deposited in the Immediate and
Critical Needs Account of the State Court Facilities Construction
Fund, established in Section 70371.5.
   (C) The remaining amount of the deposit shall be deposited in the
State Court Facilities Construction Fund.
   (2) Within 45 days after the end of the month that moneys are
deposited in the county treasury pursuant to subdivision (b), the
county treasurer shall transmit the moneys to the Controller to be
deposited as follows: one-third of the total amount shall be
deposited in the State Court Facilities Construction Fund and
two-thirds of the total amount shall be deposited in the Immediate
and Critical Needs Account of the State Court Facilities Construction
Fund, established in Section 70371.5.


70373.  (a) (1) To ensure and maintain adequate funding for court
facilities, an assessment shall be imposed on every conviction for a
criminal offense, including a traffic offense, except parking
offenses as defined in subdivision (i) of Section 1463 of the Penal
Code, involving a violation of a section of the Vehicle Code or any
local ordinance adopted pursuant to the Vehicle Code. The assessment
shall be imposed in the amount of thirty dollars ($30) for each
misdemeanor or felony and in the amount of thirty-five dollars ($35)
for each infraction.
   (2) For the purposes of this section, "conviction" includes the
dismissal of a traffic violation on the condition that the defendant
attend a court-ordered traffic violator school, as authorized by
Sections 41501 and 42005 of the Vehicle Code. This assessment shall
be deposited in accordance with subdivision (d), and may not be
included with the fee calculated and distributed pursuant to Section
42007 of the Vehicle Code.
   (b) This assessment shall be in addition to the state penalty
assessed pursuant to Section 1464 of the Penal Code and may not be
included in the base fine to calculate the state penalty assessment
as specified in subdivision (a) of Section 1464 of the Penal Code.
The penalties authorized by Chapter 12 (commencing with Section
76000), and the state surcharge authorized by Section 1465.7 of the
Penal Code, do not apply to this assessment.
   (c) When bail is deposited for an offense to which this section
applies, and for which a court appearance is not necessary, the
person making the deposit also shall deposit a sufficient amount to
include the assessment prescribed by this section.
   (d) Notwithstanding any other law, the assessments collected
pursuant to subdivision (a) shall all be deposited in a special
account in the county treasury and transmitted therefrom monthly to
the Controller for deposit in the Immediate and Critical Needs
Account of the State Court Facilities Construction Fund, established
in Section 70371.5.
   (e) The Judicial Council shall provide for the administration of
this section.



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.
   (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) 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.



70374.2.  Notwithstanding subdivision (d) of Section 70374, in order
to ensure that funding is available to support the construction of
the new court facility projects approved in the Budget Act of 2007,
the Judicial Council shall not commit to additional expenditures from
the State Court Facilities Construction Fund above the amount
appropriated in the Budget Act of 2007 unless the expenditures are
replaced with increased funds to the fund.



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) The authority for all of the following shall expire
proportionally on the June 30th following 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 70622.
   (3) A filing fee surcharge in the County of San Bernardino
established pursuant to Section 70624.
   (4) A filing fee surcharge in the City and County of San Francisco
established pursuant to Section 70625.
   (c) For purposes of subdivision (c), 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.



70376.  It is the intent of the Legislature that funding for
courthouse alteration, renovation, and construction be funded by
money in the State Court Facilities Construction Fund and additional
money as necessary from the state.


70377.  (a) Any amounts required to be transmitted by a county to
the Controller pursuant to this article shall be remitted no later
than 45 days after the end of the month in which the penalties were
collected. Any remittance made later than this time shall be
considered delinquent and subject to the penalties specified in this
section.
   (b) Upon receipt of any delinquent payment required pursuant to
this section, the Controller shall calculate a penalty on any
delinquent payment by multiplying the amount of the delinquent
payment at a daily rate equivalent to 1 1/2 percent per month for the
number of days the payment is delinquent.
   (c) Penalty amounts calculated pursuant to subdivision (b) shall
be paid by the county to the Controller no later than 45 days after
the end of the month in which the penalty was calculated. All money
received by the Controller under this section shall be deposited in
the State Court Facilities Construction Fund.
   (d) If the penalty imposed by this section results from a court's
failure to comply with the requirements for timely deposit of money
with the county treasury, the court shall reimburse the county
general fund in an amount equal to the actual penalty.
Notwithstanding Section 77009, the court may pay this penalty from
money received from the Trial Court Trust Fund. This section does not
require an increase in a court's allocation from the Trial Court
Trust Fund.


70378.  The State Court Facilities Construction Fund shall be
invested in the Surplus Money Investment Fund and all interest earned
shall be allocated to the State Court Facilities Construction Fund
semiannually and shall be allocated as otherwise provided in this
article.



70379.  (a) The Court Facilities Architecture Revolving Fund is
hereby established in the State Treasury, and, notwithstanding
Section 13340, the fund is continuously appropriated, without regard
to fiscal years.
   (1) With the approval of the Department of Finance, and except as
otherwise specified in this section, there shall be transferred to,
or deposited in, the fund all money appropriated, contributed, or
made available from any source, including sources other than state
appropriations, for the purposes described in paragraph (2).
   (2) Moneys transferred to, or deposited in, the fund shall be
those administered by the Administrative Office of the Courts under
subdivision (b) of Section 70374 for the construction, alteration,
repair, and improvement of trial and appellate court buildings,
including, but not limited to, services, new construction, major
construction, minor construction, maintenance, improvements, and
equipment, and other building and improvement projects.
   (3) In addition to the approval of the Department of Finance, the
transfer or deposit of moneys into the fund shall be authorized by
the Administrative Office of the Courts, both with regard to funds
appropriated for the purposes specified in paragraph (2) or, as to
funds from sources other than state appropriations, subject to any
written agreement between the contributor or contributors of funds
and the Administrative Office of the Courts.
   (b) Money from state sources transferred to, or deposited in, the
fund for construction, services, equipment, repair, or improvement
shall be an amount necessary based on the actual, known, or firm
fixed price, upon approval of the Department of Finance.
   Any amount available in the state appropriation that is in excess
of the amount necessary based upon final actual costs of the
completed contract shall be transferred immediately to the credit of
the fund from which the appropriation was made.
   (c) Money transferred or deposited in the fund pursuant to
subdivision (a) shall be available for expenditure by the
Administrative Office of the Courts for the purposes for which
appropriated, contributed, or made available, without regard to
fiscal years.


State Codes and Statutes

State Codes and Statutes

Statutes > California > Gov > 70371-70379

GOVERNMENT CODE
SECTION 70371-70379



70371.  There is hereby established the State Court Facilities
Construction Fund, the proceeds of which shall be subject to the
provisions of this article. Improvement of the court facilities and
the construction funds generated by this article are intended to
further reasonable access to the courts and judicial process
throughout the state for all parties.



70371.5.  (a) There is hereby established the Immediate and Critical
Needs Account of the State Court Facilities Construction Fund, the
proceeds of which shall only be used for any of the following:
   (1) The planning, design, construction, rehabilitation,
renovation, replacement, or acquisition of court facilities.
   (2) Repayment for moneys appropriated for lease of court
facilities pursuant to the issuance of lease-revenue bonds.
   (3) Payment for lease or rental of court facilities or payment of
service contracts, including those made for facilities in which one
or more private sector participants undertake some of the risks
associated with the financing, design, construction, or operation of
the facility.
   (b) Any funds expended from the Immediate and Critical Needs
Account are not subject to Section 77202.
   (c) Notwithstanding Section 13340, until July 1, 2012, the
Immediate and Critical Needs Account is hereby continuously
appropriated, without regard to fiscal year, only for the purposes of
acquiring real property and completing preliminary plans.
   (d) It is the intent of the Legislature that the money in the
Immediate and Critical Needs Account shall be used in part to pay the
debt service of lease revenue bonds, notes, bond anticipation notes,
or other appropriate financial instruments used to pay for the costs
referred to in subdivision (a) in the amount of up to five billion
dollars ($5,000,000,000). The total bonded indebtedness shall not
exceed that amount for which fine and fee revenues may fully satisfy
the debt service.
   (e) The Judicial Council shall collect and make available upon
request information regarding the moneys deposited in the Immediate
and Critical Needs Account resulting from new and increased fees,
assessments, and penalties authorized by the act that added this
section.
   (f) (1) The Judicial Council shall make recommendations to the
State Public Works Board before it undertakes projects based on its
determination that the need for a project is most immediate and
critical using the then most recent version of the Prioritization
Methodology for Trial Court Capital-Outlay Projects originally
adopted on August 26, 2006, subject to the availability of funds in
the Immediate and Critical Needs Account. Any such recommendation
shall be accompanied by a certification that there are sufficient
funds in the Immediate and Critical Needs Account. The State Public
Works Board shall establish the scope and cost for each individual
project.
   (2) The Legislature finds that there may not be enough resources
to pay for the cost of the projects identified as immediate and
critical needs by the Judicial Council pursuant to its Prioritization
Methodology for Trial Court Capital-Outlay Projects originally
adopted on August 26, 2006, even after considering any bonded
indebtedness that may be issued relying at least in part on those
resources. Therefore, in choosing which projects shall be recommended
to the State Public Works Board to be funded from the Immediate and
Critical Needs Account, the Judicial Council shall consider and
apply, as appropriate, the following factors, among others:
   (A) Any economic opportunity that exists for a project.
   (B) The effect on available resources of using alternative methods
of project delivery as provided by Section 70391.5.
   (3) Nothing in paragraph (2) shall authorize the Judicial Council
to exceed the resources provided by the Immediate and Critical Needs
Account, together with other available resources, in undertaking
projects identified as immediate and critical needs.
   (4) As used in paragraph (2), "economic opportunity" includes, but
is not limited to, free or reduced costs of land for new
construction, viable financing partnerships with, or fund
contributions by, other government entities or private parties that
result in lower project delivery costs, cost savings resulting from
adaptive reuse of existing facilities, operational efficiencies from
consolidation of court calendars and operations, operational savings
from sharing of facilities by more than one court, and building
operational cost savings from consolidation of facilities.
   (5) The Judicial Council shall not consider and apply an economic
opportunity unless it is reasonably assured that the economic
opportunity is viable and will be realized. If a project is selected
for funding based on an economic opportunity that is withdrawn after
the project is approved, the Judicial Council may cancel the project.



70371.6.  The Judicial Council is authorized to acquire sites for
the replacement of deficient court facilities within the Counties of
Butte (New North County Courthouse), Los Angeles (New Southeast Los
Angeles Courthouse), Tehama (New Red Bluff Courthouse), and Yolo (New
Woodland Courthouse), as identified in the Immediate Needs Priority
Group identified by the Judicial Branch Five-Year Infrastructure
Plan, as adopted by the Judicial Council on April 25, 2008.



70371.7.  (a) Prior to seeking the State Public Works Board
establishment of the scope and cost, the Judicial Council shall
submit a report to the Joint Legislative Budget Committee describing
the scope, budget, schedule, number of courtrooms, number of secure
holding cells, and square footage of administrative support space to
be constructed or renovated. If the Joint Legislative Budget
Committee fails to take any action with respect to each report within
30 days after submittal, this inaction shall be deemed to be
approval for the purposes of this section, and the Judicial Council
is authorized to proceed to acquire real property and complete
preliminary plans.
   (b) (1) Upon certification of the availability of funds within the
Immediate and Critical Needs Account, and the establishment of the
project scope and cost by the State Public Works Board,
notwithstanding any other provision of law, the Judicial Council is
authorized to acquire real property and to complete preliminary plans
for the superior court capital outlay projects adopted by the
Judicial Council on October 24, 2008, identified in the Update to
Trial Court Capital-Outlay Plan and Prioritization Methodology, or
most recent version thereof.
   (2) It is the intent of the Legislature that funding for working
drawings and construction be appropriated in the next annual Budget
Act following approval by the State Public Works Board of preliminary
plans completed pursuant to paragraph (1).
   (3) The scope and cost of the projects, including augmentations,
authorized by this section shall be subject to approval and
administrative oversight by the State Public Works Board pursuant to
Section 13332.11 or 13332.19. For purposes of this section, the
availability of an augmentation for each individual project shall be
calculated based on the total capital outlay cost as established by
the board.


70371.8.  The Judicial Council shall report to the Joint Legislative
Budget Committee and chairs of the Senate Committee on Budget and
Fiscal Review and the Assembly Committee on Budget by March 1 of each
year on the status of each project established by the State Public
Works Board under Section 70371.7. The report shall also include an
accounting of the revenues generated and expenditures made in the
Immediate and Critical Needs Account.



70371.9.  (a) The Judicial Council shall conduct a pilot program
until July 1, 2013, to assess the benefits and impacts of both of the
following:
   (1) Requiring all subcontractors with bids in excess of five
hundred thousand dollars ($500,000) to pay for employee health care
expenditures for their construction field employees working in
California.
   (2) Giving two quality points out of 100 quality points to a
proposing construction manager at risk that pays for employee health
care expenditures for its construction field employees working in
California.
   (b) The Judicial Council shall, after consulting with applicable
stakeholders, select three courthouse construction projects from
those funded by the Immediate and Critical Needs Account established
by Section 70371.5 to implement the pilot program, including one
project with estimated construction costs in excess of two hundred
million dollars ($200,000,000), one project with estimated
construction costs between one hundred million dollars ($100,000,000)
and two hundred million dollars ($200,000,000), and one project with
estimated construction costs between seventy-five million dollars
($75,000,000) and one hundred million dollars ($100,000,000).
   (c) The Administrative Office of Courts shall provide two quality
points out of a total 100 quality points to construction managers at
risk that submit proposals and certify that they are qualified.
   (1) A proposer qualifies for the two quality points pursuant to
this subdivision if, for the six-month period immediately preceding
submission of the proposal, the proposer's aggregate California
employee health care expenditures were equal to at least 6.5 percent
of that proposer's aggregate California social security wages.
   (2) A proposer shall receive two quality points by certifying that
it qualifies for the two points on a form provided by the
Administrative Office of the Courts.
   (3) Any proposer that certifies that it qualifies for the two
quality points shall provide to the Administrative Office of the
Courts, upon request, sufficient records to show that the proposer is
qualified. The failure to supply the records within a reasonable
time, as specified by the Administrative Office of the Courts, may
result in the proposer's disqualification.
   (d) (1) A subcontractor shall not be awarded a subcontract in
excess of five hundred thousand dollars ($500,000) on a project under
the pilot program unless, for the six-month period immediately
preceding the effective date of the subcontract, the subcontractor's
aggregate California employee health care expenditures were equal to
at least 6.5 percent of that subcontractor's aggregate California
social security wages. The Administrative Office of the Courts may
waive this requirement if no economically feasible bid is received.
   (2) Each subcontractor awarded a subcontract in excess of five
hundred thousand dollars ($500,000) on a project under the pilot
program shall submit to the construction manager at risk, prior to
execution of its subcontract, a statement on a form provided by the
Administrative Office of the Courts certifying that it has complied
with the requirement in paragraph (1).
   (3) A subcontractor awarded a subcontract in excess of five
hundred thousand dollars ($500,000) on a project under the pilot
program shall provide to the construction manager at risk, upon
request, sufficient records to show that the proposer has complied
with paragraph (1).
   (e) In order to evaluate the benefits of this pilot program,
including the potential improvement of health care coverage for
construction field employees, potential savings to the State of
California from not having to pay for health care for uninsured
workers and their dependents, and other impacts, including potential
increased project costs, the Administrative Office of the Courts
shall collect and analyze data to assess the impact of subdivisions
(b) and (c) and issue a report summarizing the data and analysis on
or before July 1, 2015. The Administrative Office of the Courts may
contract with third-party consultants in collecting and analyzing the
data and preparing the report.
   (f) For purposes of this section, the following terms have the
following meanings:
   (1) "Aggregate California employee health care expenditures" means
all amounts paid by a proposer or subcontractor to its construction
field employees in California or to a third party on behalf of a
proposer's or subcontractor's construction field employees in
California, for the purpose of providing health care services to the
construction field employees or reimbursing the cost of those
services for the construction field employees, including, but not
limited to, all of the following:
   (A) Contributions on behalf of employees to a health savings
account, as defined under Section 223 of the Internal Revenue Code,
or to any other account having substantially the same purpose or
effect without regard to whether the contributions qualify for a tax
deduction or are excludable from employee income.
   (B) Reimbursement to employees for expenses incurred in the
purchase of health care services.
   (C) Payments to a third party for the purpose of providing health
care services for employees.
   (D) Payments pursuant to a collective bargaining agreement for the
purpose of providing health care services for employees.
   (E) Costs incurred in the direct delivery of health care services
to employees.
   (2) "Aggregate California social security wages" means the
aggregate amount of wages paid to all of a proposer's or
subcontractor's construction field employees in California, not
including any wages that are above the federal social security
contribution and benefit base, sometimes referred to as the social
security wage base, for the year in which they are paid.
   (3) "Construction field employees" means a proposer's or
subcontractor's workers who perform construction labor at
construction jobsites.
   (4) "Health care services" means medical care, services, or goods
that qualify as tax deductible medical care expenses under Section
213 of the Internal Revenue Code, or medical care, services, or goods
having substantially the same purpose or effect as those deductible
expenses.
   (g) This section shall become inoperative on July 1, 2015, and, as
of January 1, 2016, is repealed, unless a later enacted statute that
is enacted before January 1, 2016, deletes or extend the dates on
which it becomes operative and is repealed.



70372.  (a) (1) Except as otherwise provided in subdivision (b) of
Section 70375 and in this article, there shall be levied a state
court construction penalty, in the amount of five dollars ($5) for
every ten dollars ($10), or part of ten dollars ($10), upon every
fine, penalty, or forfeiture imposed and collected by the courts for
all criminal offenses, including, but not limited to, all offenses
involving a violation of a section of the Fish and Game Code, the
Health and Safety Code, or the Vehicle Code or any local ordinance
adopted pursuant to the Vehicle Code. This penalty is in addition to
any other state or local penalty, including, but not limited to, the
penalty provided by Section 1464 of the Penal Code and Section 76000.
   (2) The amount of the court construction penalty may be reduced by
a county as provided in subdivision (b) of Section 70375.
   (3) This construction penalty does not apply to the following:
   (A) Any restitution fine.
   (B) Any penalty authorized by Section 1464 of the Penal Code or
Chapter 12 (commencing with Section 76000) of Title 8.
   (C) Any parking offense subject to Article 3 (commencing with
Section 40200) of Chapter 1 of Division 17 of the Vehicle Code.
   (D) The state surcharge authorized by Section 1465.7 of the Penal
Code.
   (4) Any bail schedule adopted pursuant to Section 1269b of the
Penal Code or adopted by the Judicial Council pursuant to Section
40310 of the Vehicle Code may include the necessary amount to pay the
penalty established by this section, the penalties authorized by
Section 1464 of the Penal Code and Chapter 12 (commencing with
Section 76000) of Title 8, and the surcharge authorized by Section
1465.7 of the Penal Code for all matters where a personal appearance
is not mandatory and the bail is posted primarily to guarantee
payment of the fine. After a determination by the court of the amount
due, the clerk of the court shall collect the penalty and transmit
it immediately to the county treasury and the county treasurer shall
transmit these sums as provided in subdivision (f).
   (b) In addition to the penalty provided by subdivision (a), for
every parking offense where a parking penalty, fine, or forfeiture is
imposed, an added state court construction penalty of four dollars
and fifty cents ($4.50) shall be included in the total penalty, fine,
or forfeiture. 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. 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 subdivision. Each
agency that elects to process parking violations shall pay to the
county treasurer four dollars and fifty cents ($4.50) for the parking
penalty imposed by this subdivision for each violation that is not
filed in court. Those payments to the county treasurer shall be made
monthly, and the county treasurer shall transmit these sums as
provided in paragraph (2) of subdivision (f). In the event these
payments were deposited in a local courthouse construction fund and
expended pursuant to the provisions of Chapter 592 of the Statutes of
2003, no county or processing agency shall be liable for the failure
to transmit the payments to the Controller during the 2008 calendar
year.
   (c) If multiple offenses are involved, the state court
construction penalty under subdivision (a) shall be based upon the
total fine or bail for each case. If a fine is suspended, in whole or
in part, the state court construction penalty under subdivision (a)
shall be reduced in proportion to the suspension.
   (d) If any deposited bail is made for an offense to which this
section applies, and for which a court appearance is not mandatory,
the person making the deposit shall also deposit a sufficient amount
to include the state court construction penalty prescribed by
subdivision (a) for forfeited bail. If bail is returned, the state
court construction penalty paid thereon pursuant to subdivision (a)
shall also be returned.
   (e) In any case where a person convicted of any offense, to which
this section applies, is in prison until the fine is satisfied, the
judge may waive all or any part of the state court construction
penalty, the payment of which would work a hardship on the person
convicted or his or her immediate family.
   (f) (1) Within 45 days after the end of the month that moneys are
deposited in the county treasury pursuant to subdivision (a), the
county treasurer shall transmit the moneys to the Controller, to be
deposited as follows:
   (A) The total to be deposited pursuant to subdivision (a) shall be
multiplied by a fraction as follows:
   (i) The numerator is the amount imposed as of January 1, 1998, as
an additional penalty on every ten dollars ($10), or part of ten
dollars ($10), upon every fine, penalty, or forfeiture, if any, for
deposit into the local courthouse construction fund in that county
established pursuant to Sections 76000 and 76100. The numerator shall
be expressed in whole dollars and fractions of a dollar.
   (ii) The denominator is five dollars ($5).
   (B) The resulting amount shall be deposited in the Immediate and
Critical Needs Account of the State Court Facilities Construction
Fund, established in Section 70371.5.
   (C) The remaining amount of the deposit shall be deposited in the
State Court Facilities Construction Fund.
   (2) Within 45 days after the end of the month that moneys are
deposited in the county treasury pursuant to subdivision (b), the
county treasurer shall transmit the moneys to the Controller to be
deposited as follows: one-third of the total amount shall be
deposited in the State Court Facilities Construction Fund and
two-thirds of the total amount shall be deposited in the Immediate
and Critical Needs Account of the State Court Facilities Construction
Fund, established in Section 70371.5.


70373.  (a) (1) To ensure and maintain adequate funding for court
facilities, an assessment shall be imposed on every conviction for a
criminal offense, including a traffic offense, except parking
offenses as defined in subdivision (i) of Section 1463 of the Penal
Code, involving a violation of a section of the Vehicle Code or any
local ordinance adopted pursuant to the Vehicle Code. The assessment
shall be imposed in the amount of thirty dollars ($30) for each
misdemeanor or felony and in the amount of thirty-five dollars ($35)
for each infraction.
   (2) For the purposes of this section, "conviction" includes the
dismissal of a traffic violation on the condition that the defendant
attend a court-ordered traffic violator school, as authorized by
Sections 41501 and 42005 of the Vehicle Code. This assessment shall
be deposited in accordance with subdivision (d), and may not be
included with the fee calculated and distributed pursuant to Section
42007 of the Vehicle Code.
   (b) This assessment shall be in addition to the state penalty
assessed pursuant to Section 1464 of the Penal Code and may not be
included in the base fine to calculate the state penalty assessment
as specified in subdivision (a) of Section 1464 of the Penal Code.
The penalties authorized by Chapter 12 (commencing with Section
76000), and the state surcharge authorized by Section 1465.7 of the
Penal Code, do not apply to this assessment.
   (c) When bail is deposited for an offense to which this section
applies, and for which a court appearance is not necessary, the
person making the deposit also shall deposit a sufficient amount to
include the assessment prescribed by this section.
   (d) Notwithstanding any other law, the assessments collected
pursuant to subdivision (a) shall all be deposited in a special
account in the county treasury and transmitted therefrom monthly to
the Controller for deposit in the Immediate and Critical Needs
Account of the State Court Facilities Construction Fund, established
in Section 70371.5.
   (e) The Judicial Council shall provide for the administration of
this section.



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.
   (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) 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.



70374.2.  Notwithstanding subdivision (d) of Section 70374, in order
to ensure that funding is available to support the construction of
the new court facility projects approved in the Budget Act of 2007,
the Judicial Council shall not commit to additional expenditures from
the State Court Facilities Construction Fund above the amount
appropriated in the Budget Act of 2007 unless the expenditures are
replaced with increased funds to the fund.



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) The authority for all of the following shall expire
proportionally on the June 30th following 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 70622.
   (3) A filing fee surcharge in the County of San Bernardino
established pursuant to Section 70624.
   (4) A filing fee surcharge in the City and County of San Francisco
established pursuant to Section 70625.
   (c) For purposes of subdivision (c), 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.



70376.  It is the intent of the Legislature that funding for
courthouse alteration, renovation, and construction be funded by
money in the State Court Facilities Construction Fund and additional
money as necessary from the state.


70377.  (a) Any amounts required to be transmitted by a county to
the Controller pursuant to this article shall be remitted no later
than 45 days after the end of the month in which the penalties were
collected. Any remittance made later than this time shall be
considered delinquent and subject to the penalties specified in this
section.
   (b) Upon receipt of any delinquent payment required pursuant to
this section, the Controller shall calculate a penalty on any
delinquent payment by multiplying the amount of the delinquent
payment at a daily rate equivalent to 1 1/2 percent per month for the
number of days the payment is delinquent.
   (c) Penalty amounts calculated pursuant to subdivision (b) shall
be paid by the county to the Controller no later than 45 days after
the end of the month in which the penalty was calculated. All money
received by the Controller under this section shall be deposited in
the State Court Facilities Construction Fund.
   (d) If the penalty imposed by this section results from a court's
failure to comply with the requirements for timely deposit of money
with the county treasury, the court shall reimburse the county
general fund in an amount equal to the actual penalty.
Notwithstanding Section 77009, the court may pay this penalty from
money received from the Trial Court Trust Fund. This section does not
require an increase in a court's allocation from the Trial Court
Trust Fund.


70378.  The State Court Facilities Construction Fund shall be
invested in the Surplus Money Investment Fund and all interest earned
shall be allocated to the State Court Facilities Construction Fund
semiannually and shall be allocated as otherwise provided in this
article.



70379.  (a) The Court Facilities Architecture Revolving Fund is
hereby established in the State Treasury, and, notwithstanding
Section 13340, the fund is continuously appropriated, without regard
to fiscal years.
   (1) With the approval of the Department of Finance, and except as
otherwise specified in this section, there shall be transferred to,
or deposited in, the fund all money appropriated, contributed, or
made available from any source, including sources other than state
appropriations, for the purposes described in paragraph (2).
   (2) Moneys transferred to, or deposited in, the fund shall be
those administered by the Administrative Office of the Courts under
subdivision (b) of Section 70374 for the construction, alteration,
repair, and improvement of trial and appellate court buildings,
including, but not limited to, services, new construction, major
construction, minor construction, maintenance, improvements, and
equipment, and other building and improvement projects.
   (3) In addition to the approval of the Department of Finance, the
transfer or deposit of moneys into the fund shall be authorized by
the Administrative Office of the Courts, both with regard to funds
appropriated for the purposes specified in paragraph (2) or, as to
funds from sources other than state appropriations, subject to any
written agreement between the contributor or contributors of funds
and the Administrative Office of the Courts.
   (b) Money from state sources transferred to, or deposited in, the
fund for construction, services, equipment, repair, or improvement
shall be an amount necessary based on the actual, known, or firm
fixed price, upon approval of the Department of Finance.
   Any amount available in the state appropriation that is in excess
of the amount necessary based upon final actual costs of the
completed contract shall be transferred immediately to the credit of
the fund from which the appropriation was made.
   (c) Money transferred or deposited in the fund pursuant to
subdivision (a) shall be available for expenditure by the
Administrative Office of the Courts for the purposes for which
appropriated, contributed, or made available, without regard to
fiscal years.