AMENDED IN SENATE JUNE 19, 1997 AMENDED IN SENATE JUNE 5, 1997 AMENDED IN ASSEMBLY MAY 1, 1997 AMENDED IN ASSEMBLY APRIL 8, 1997 AMENDED IN ASSEMBLY MARCH 10, 1997

CALIFORNIA LEGISLATURE—1997–98 REGULAR SESSION

ASSEMBLY BILL No. 233

Introduced by Assembly Members Escutia and Pringle (Principal coauthors: Assembly Members Cardoza and Morrow) (Coauthors: Assembly Members Aguiar, Baca, Brewer, Kuehl, Machado, Migden, Papan, Perata, Shelley, Sweeney, and Thomson)

February 6, 1997

An act to amend Section 116.230 of the Code of Civil Procedure, to amend Section 1852 of the Family Code, to amend Sections 26820.4, 26823, 26827, 26827.4, 26830, 26832, 26833, 26835, 26836, 26837, 26838, 26850, 26851, 26852, 26853, 26855, 26857, 26862, 27361, 68073, 68085, 68090.8, 68113, 72054, 72055, 72060, 75103.5, 76000, and 77003 of, to add Sections 27081.5, 68073.1, 68085.5, 68088, 72056.01, 76224, 77001, and 77009 to, to add Chapter 14 (commencing with Section 77600) to, Title 8 of, to repeal Article 4 (commencing with Section 77300) of Chapter 13 of Title 8 of, to add and repeal Section 26826.01 of, to repeal and add Section 71383 of, and to repeal and add Article 3 (commencing with Section 77200) of

94 AB 233 — 2 — Chapter 13 of Title 8 of, the Government Code, to amend Sections 1463.001, 1463.005, 1463.007, 1463.009, and 1464 of, to add Sections 1463.010 and 1463.07 to, and to repeal Sections 1463.003 and 1463.01 of, the Penal Code, and to add Sections 11205.1 and 42007.1 to, and to amend, repeal, and add Section 42007 of, the Vehicle Code, relating to trial court funding, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST AB 233, as amended, Escutia. Trial courts: funding. (1) Existing law establishes various fees for civil cases. This bill would revise those fees. (2) Existing law establishes a system of state funding for trial courts. This bill would set forth the findings, declarations, and intent of the Legislature with regard to trial court funding and revise the system of state funding for trial courts, as specified. The bill would establish the Task Force on Trial Court Employees and the Task Force on Court Facilities, and specify the powers and duties thereof. The bill would also expand the powers and duties of the Judicial Council with respect to trial court funding, as specified. The bill would make an appropriation by providing for the redistribution of funds in the Trial Court Improvement Fund appropriated in the Budget Act, and authorizing the expenditure of specified, additional funds therein, as specified. The bill would also revise provisions governing the Trial Court Trust Fund and the Trial Court Improvement Fund, as specified. (3) Existing law establishes the duties of a county with respect to the trial courts in the county. This bill would revise the duties of a county with respect to the provision of necessary resources for the trial courts, as specified. (4) Existing law authorizes the Judicial Council to adopt rules of court as specified by statute. This bill would authorize rules of court providing for racial, ethnic, and gender bias, and sexual harassment training for judges, commissioners, and referees.

94 —3— AB 233 (5) Existing law establishes the Trial Court Trust Fund for the purpose of funding trial court operations. This bill would, until July 1, 2001, authorize any unexpended funds, not to exceed $5,000,000, in the Trial Court Trust Fund for the 1996–97 fiscal year or any other available funds to be allocated by the Judicial Council for trial court facilities renovation, repair, and maintenance projects, as specified. The expenditure of these funds for purposes that are not defined court operations would constitute an appropriation. The bill would also provide that if the county retained share of any specified fines and forfeitures exceeds the amount of the fines and forfeitures collected in that county during the 1994–95 fiscal year, that excess shall be deposited into the Trial Court Trust Fund, up to the amount of any allocation to the county made pursuant to the bill. (6) Existing law authorizes each county to establish a courthouse construction fund, to be financed by surcharges on fines, forfeitures, and penalties and used for courthouse construction, as specified, and to continue through and including the 20th year after the initial year for the surcharge, or the 20th year after any borrowings are made for such construction. This bill would extend those time limits with respect to Merced County from 20 to 25 years. (7) Existing law requires counties to fund the costs of automating court recordkeeping. This bill would revise those requirements, as specified. (8) Existing law requires a biennial audit of trial court accounts, as specified. This bill would repeal that provision. (9) Existing law specifies the disposition of fines and forfeitures, and traffic violator fees, collected by the courts for crimes other than parking violations. This bill would revise those provisions, as specified. (10) This bill would establish a Civil Delay Reduction Team, which provisions would remain in effect until July 1, 1999. The bill would make an appropriation by transferring funds, as specified, which were appropriated in the Budget Act of 1996, to be used for the support of the team.

94 AB 233 — 4 — (11) The bill would impose state-mandated local costs by revising the duties of local officials, but would specify that the bill shall not be deemed to impose a state-mandated local program because of the state’s assumption of increased funding support for the trial courts. (12) The bill would become operative only if AB 1438 is enacted and takes effect on or before January 1, 1998. (13) The bill would declare that it is to take effect immediately as an urgency statute. 2 Vote: /3. Appropriation: yes. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

1 SECTION 1. This act shall be known and may be cited 2 as the Trial Court Funding and Improvement Act of 1997. 3 SEC. 2. The Legislature finds and declares as follows: 4 (a) The judiciary of California is a separate and 5 independent branch of government, recognized by the 6 Constitution and statutes of this state as such. 7 (b) The Legislature has previously established the 8 principle that the funding of trial court operations is most 9 logically a function of the state. Such funding is necessary 10 to provide uniform standards and procedures, economies 11 of scale, and structural efficiency and simplification. This 12 decision also reflects the fact that the overwhelming 13 business of the trial courts is to interpret and enforce 14 provisions of state law and to resolve disputes among the 15 people of the State of California. 16 (c) Structural improvement will provide for an 17 improved court system, a uniform and equitable court 18 system and will, therefore, increase access to justice for 19 the citizens of the State of California. The structural 20 improvements outlined in the Trial Court Realignment 21 and Efficiency Act of 1991, and subsequent measures, 22 have outlined some of the improvements required. 23 (d) Many trial courts have made significant progress 24 in efficiency through court coordination and in 25 developing cost management and control systems 26 through budget procedures and performance standards.

94 —5— AB 233 1 However, this progress is not uniform throughout the 2 court system. The Legislature recognizes that the Judicial 3 Council has adopted mandatory rules on court 4 coordination and on the development of budget 5 procedures and performance standards requiring more 6 rapid progress in this area. The current bifurcated 7 funding structure does not allow adequate financial 8 planning for the courts, thereby instilling doubt as to the 9 efficacy of new budget procedures or performance 10 standards. 11 (e) The fiscal health of the judicial system, and the 12 willingness and ability of the judiciary to adopt measures 13 of efficiency and coordination, has a considerable impact 14 on the quality of justice dispensed to the citizens of 15 California. 16 (f) It is increasingly clear that the counties of 17 California are no longer able to provide unlimited 18 funding increases to the judiciary and, in some counties, 19 financial difficulties and strain threaten the quality and 20 timeliness of justice. 21 (g) The stated intent of the Legislature to assume the 22 largest share of the funding of the trial courts has not been 23 achieved, primarily due to the recent recession and the 24 resulting limitation of state funds. However, there is a 25 clear need to proceed as rapidly as possible toward the 26 goal of full state funding of trial court operations and, 27 accordingly, this measure is a logical and necessary step 28 to achieve the result. 29 SEC. 3. The Legislature declares its intent to do each 30 of the following: 31 (a) Provide state responsibility for funding of trial 32 court operations commencing in the 1997–98 fiscal year. 33 (b) Provide that county contributions to trial court 34 operations shall be permanently capped at the same 35 dollar amount as that county provided to court operations 36 in the 1994–95 fiscal year with adjustments to the cap, as 37 specified. 38 (c) Provide that the State of California shall assume 39 full responsibility for any growth in costs of trial court 40 operations thereafter.

94 AB 233 — 6 — 1 (d) Continue to define ‘‘court operations’’ as currently 2 established in law; provided, however, that the 3 Legislature recognizes that there remain issues regarding 4 which items of expenditure are properly included within 5 the definition of court operations. Therefore, the 6 Legislature intends to reexamine this issue during the 7 1997–98 fiscal year, in the hopes of reflecting any agreed 8 upon changes in subsequent legislation. 9 (e) Provide that the obligation of counties to 10 contribute to trial court costs shall not be increased in any 11 fashion by state budget action relating to the trial courts. 12 (f) Return to the counties of California the revenue 13 generated from fines and forfeitures pursuant to Sections 14 27361 and 76000 of the Government Code, Sections 15 1463.001, 1463.005, 1463.007, 1463.009, 1463.07, and 1464 of 16 the Penal Code, and Sections 42007 and 42007.1 of the 17 Vehicle Code by the courts of each county. This return 18 will allow counties the opportunity to obtain sufficient 19 revenue to meet their obligation to the state. 20 (g) In adopting this plan, the Legislature intends to do 21 all of the following: 22 (1) To provide that no personnel employed in the 23 court system as of July 1, 1997, shall have their salary or 24 benefits reduced as a result of this act. 25 (2) By January 1, 2001, to adopt a plan to transition all 26 existing court employees into an appropriate 27 employment status, recognizing the state assumption of 28 trial court costs. 29 (3) To consider providing courts in each county the 30 option for employees to transition to the status of 31 employees of the state, the local court or, with the 32 concurrence of the county, continuation of the status as 33 county employees, and a mechanism for involvement of 34 the local judiciary in the negotiations regarding 35 compensation of court employees. 36 (h) Accelerate the pace of court coordination and 37 efficiencies adopted by the Judicial Council and continue 38 the development and implementation of comprehensive 39 budget procedures and performance standards.

94 —7— AB 233 1 (i) Modify Section 68073 of the Government Code to 2 protect counties from liability for state costs resulting 3 from orders made under that section. 4 (j) Modify Section 68073 of the Government Code to 5 continue the obligation of the counties to provide court 6 facilities to judges and personnel in each county. Require 7 the Judicial Council to report by October 30, 1998, on 8 possible alternatives for the participation by the state in 9 the cost of a new construction, remodeling, or renovation 10 of trial court facilities. 11 (k) Require the Judicial Council to create a reserve 12 fund of no less than 1 percent of the funds appropriated 13 for trial courts, to be utilized by the Judicial Council to 14 assist financially stressed courts, or those courts affected 15 by natural disaster or courts with a heavily congested 16 calendar that cannot reasonably be resolved by fully 17 utilizing coordination or other court efficiencies and to 18 promote and encourage local and statewide efforts 19 toward efficiency and coordination. 20 (l) Acknowledge the need for strong and independent 21 local court financial management, including encouraging 22 the adoption by the Judicial Council of a Trial Courts Bill 23 of Financial Management Rights, to be approved no later 24 than January 1, 1998. This bill of management rights shall 25 minimize the rules and regulations in the area of financial 26 affairs to those sufficient to guarantee efficiency, but shall 27 give strong preference to the need for local flexibility in 28 the management of court financial affairs. 29 SEC. 4. Section 116.230 of the Code of Civil Procedure 30 is amended to read: 31 116.230. (a) A fee of twenty dollars ($20) shall be 32 charged and collected for the filing of a claim if the 33 number of claims previously filed by the party in each 34 court within the previous 12 months is 12 or less; and a fee 35 of thirty-five dollars ($35) shall be collected for the filing 36 of any additional claims. 37 (b) A fee to cover the actual cost of court service by 38 mail, adjusted upward to the nearest dollar, shall be 39 charged and collected for each defendant to whom the

94 AB 233 — 8 — 1 court clerk mails a copy of the claim under Section 2 116.340. 3 (c) The number of claims filed by a party during the 4 previous 12 months shall be determined by a declaration 5 by the party stating the number of claims so filed and 6 submitted to the clerk with the current claim. 7 (d) Five dollars ($5) of the fees authorized in 8 subdivision (a) shall be deposited upon collection in the 9 special account in the county treasury established 10 pursuant to subdivision (b) of Section 68085 of the 11 Government Code, and transmitted therefrom monthly 12 to the Controller for deposit in the Trial Court Trust 13 Fund. 14 SEC. 5. Section 1852 of the Family Code is amended 15 to read: 16 1852. (a) There is in the State Treasury the Family 17 Law Trust Fund. 18 (b) Moneys collected by the state pursuant to 19 subdivision (c) of Section 10605 of the Health and Safety 20 Code, subdivision (a) of Section 26832 of the Government 21 Code, and grants, gifts, or devises made to the state from 22 private sources to be used for the purposes of this part 23 shall be deposited into the Family Law Trust Fund. 24 (c) Moneys deposited in the Family Law Trust Fund 25 shall be placed in an interest bearing account. Any 26 interest earned shall accrue to the fund and shall be 27 disbursed pursuant to subdivision (d). 28 (d) Money deposited in the Family Law Trust Fund 29 shall be disbursed for purposes specified in this part and 30 for other family law related activities. 31 (e) Moneys deposited in the Family Law Trust Fund 32 shall be administered by the Judicial Council. The Judicial 33 Council may, with appropriate guidelines, delegate the 34 administration of the fund to the Administrative Office of 35 the Courts. 36 (f) Any moneys in the Family Law Trust Fund that are 37 unencumbered at the end of the fiscal year are 38 automatically appropriated to the Family Law Trust 39 Fund of the following year.

94 —9— AB 233 1 (g) In order to defray the costs of collection of these 2 funds, pursuant to this section, the local registrar, county 3 clerk, or county recorder may retain a percentage of the 4 funds collected, not to exceed 10 percent of the fee 5 payable to the state pursuant to subdivision (c) of Section 6 10605 of the Health and Safety Code. 7 SEC. 6. Section 26820.4 of the Government Code is 8 amended to read: 9 26820.4. The total fee for filing of the first paper in a 10 civil action or proceeding in the superior court, except an 11 adoption proceeding, shall be one hundred eighty-five 12 dollars ($185). 13 This section applies to the initial complaint, petition, or 14 application, and the papers transmitted from another 15 court on the transfer of a civil action or proceeding, but 16 does not include documents filed pursuant to Section 17 491.150, 704.750, or 708.160 of the Code of Civil Procedure. 18 SEC. 7. Section 26823 of the Government Code is 19 amended to read: 20 26823. (a) When the venue in a case is changed, the 21 fee for making up and transmitting the transcript and 22 papers is twenty-three dollars ($23) and a further sum 23 equal to the total fee for filing in the court to which the 24 case is transferred. The clerk shall transmit the total filing 25 fee with the papers in the case to the clerk or judge of the 26 court to which the case is transferred. 27 (b) Notwithstanding Section 68085, fourteen dollars 28 ($14) of the fee authorized in this section shall be 29 deposited in the county general fund for use as county 30 general fund revenue. 31 SEC. 8. Section 26826.01 is added to the Government 32 Code, to read: 33 26826.01. (a) The fee for filing an amended 34 complaint or amendment to a complaint in a civil action 35 of proceeding in the superior court is seventy-five dollars 36 ($75). 37 (b) The fee for filing a cross-complaint, amended 38 cross-complaint, or amendment to a cross-complaint in a 39 civil action or proceeding in the superior court is 40 seventy-five dollars ($75).

94 AB 233 — 10 — 1 (c) A party shall not be required to pay the fee 2 provided by this section for an amended complaint, 3 amendment to a complaint, amended cross-complaint, or 4 amendment to a cross-complaint more than one time in 5 any action. 6 (d) The fee provided by this section shall not apply to 7 any of the following: 8 (1) An amended pleading or amendment to a pleading 9 ordered by the court to be filed. 10 (2) An amended pleading or amendment to a pleading 11 that only names previously fictitiously named defendants. 12 (e) This section shall become inoperative on July 1, 13 2000, and, as of January 1, 2001, is repealed, unless a later 14 enacted statute, that becomes effective on or before 15 January 1, 2001, deletes or extends the dates on which it 16 becomes inoperative and is repealed. 17 SEC. 9. Section 26827 of the Government Code is 18 amended to read: 19 26827. (a) The total fee for filing the first petition for 20 letters of administration, a petition for special letters of 21 administration, a petition for letters testamentary, a first 22 account of a testamentary trustee of a trust that is subject 23 to the continuing jurisdiction of the court pursuant to 24 Chapter 4 (commencing with Section 17300) of Part 5 of 25 Division 9 of the Probate Code, a petition for letters of 26 guardianship, a petition for letters of conservatorship, a 27 petition for compromise of a minor’s claim, a petition 28 pursuant to Section 13151 of the Probate Code, a petition 29 pursuant to Section 13650 of the Probate Code (except as 30 provided in Section 13652 of the Probate Code), or a 31 petition to contest any will or codicil is one hundred 32 eighty-five dollars ($185). 33 (b) The fee set forth in subdivision (a) shall also be 34 charged for filing any subsequent petition of a type 35 described in subdivision (a) in the same proceeding by a 36 person other than the original petitioner. 37 SEC. 10. Section 26827.4 of the Government Code is 38 amended to read: 39 26827.4. (a) The fee for filing a subsequent paper in 40 a proceeding under the Probate Code which requires a

94 —11— AB 233 1 court hearing is twenty-three dollars ($23), except for 2 papers for proceedings required by any of the following: 3 (1) Section 10501 of the Probate Code. 4 (2) Accountings of trustees of testamentary trusts that 5 are subject to the continuing jurisdiction of the court 6 pursuant to Chapter 4 (commencing with Section 17300) 7 of Part 5 of Division 9 of the Probate Code. 8 (3) Division 4 (commencing with Section 1400) of the 9 Probate Code. 10 (b) Objections to any papers exempt from the fee 11 imposed by this section are subject to the filing fee of 12 twenty-three dollars ($23). This section does not apply to 13 petitions filed pursuant to subdivision (b) of Section 14 26827. 15 (c) Notwithstanding Section 68085, fourteen dollars 16 ($14) of the twenty-three dollar ($23) fee authorized in 17 subdivisions (a) and (b) shall be deposited in the county 18 general fund for use as county general fund revenue. 19 SEC. 11. Section 26830 of the Government Code is 20 amended to read: 21 26830. (a) Except as provided in subdivisions (b) and 22 (c), the fee for filing any notice of motion, or any other 23 paper requiring a hearing subsequent to the first paper, 24 or any notice of intention to move for a new trial of any 25 civil action or special proceeding, or an application for 26 renewal of a judgment, is twenty-three dollars ($23). 27 However, there shall be no fee for filing any of the 28 following: 29 (1) An amended notice of motion. 30 (2) A memorandum that a civil case is at issue. 31 (3) A hearing on a petition for emancipation of a 32 minor. 33 (4) Default hearings. 34 (5) A show-cause hearing on a petition for an 35 injunction prohibiting harassment. 36 (6) A show-cause hearing on an application for an 37 order prohibiting domestic violence. 38 (7) A show-cause hearing on writs of review, mandate, 39 or prohibition.

94 AB 233 — 12 — 1 (8) A show-cause hearing on a petition for a change of 2 name. 3 (9) A hearing to compromise a claim of a minor or an 4 insane or incompetent person. 5 (b) The fee for filing a motion for summary judgment 6 or summary adjudication of issues is one hundred dollars 7 ($100). 8 (c) The fee for the filing of any motion in small claims 9 court matters is fourteen dollars ($14), which shall be 10 deposited in the county general fund for use as county 11 general fund revenue. 12 (d) Notwithstanding Section 68085, fourteen dollars 13 ($14) of the twenty-three dollar ($23) fee authorized in 14 subdivision (a) and the one hundred dollar ($100) fee 15 established by subdivision (b) shall be deposited in the 16 county general fund for use as county general fund 17 revenue. 18 SEC. 12. Section 26832 of the Government Code is 19 amended to read: 20 26832. (a) Notwithstanding the fee authorized by 21 Section 26833, a fee of five dollars ($5) shall be paid by a 22 public agency applicant for a certified copy of a marriage 23 dissolution record that the agency is required to obtain in 24 the ordinary course of business. A fee of ten dollars ($10) 25 shall be paid by any other applicant for a certified copy 26 of a marriage dissolution record. Five dollars ($5) of any 27 ten dollar ($10) fee shall be transmitted monthly by each 28 clerk of the court to the state for deposit into the Family 29 Law Trust Fund as provided by Section 1852 of the Family 30 Code. 31 (b) As used in this section, ‘‘marriage dissolution 32 record’’ means the judgment. 33 (c) Notwithstanding Section 68085, three dollars ($3) 34 of the five dollar ($5) fee and three dollars ($3) of the ten 35 dollar ($10) fee authorized in subdivision (a) shall be 36 deposited in the county general fund for use as county 37 general fund revenue. 38 SEC. 13. Section 26833 of the Government Code is 39 amended to read:

94 —13— AB 233 1 26833. The fee for certifying to a copy of any paper, 2 record, or proceeding on file in the office of the clerk of 3 any court is six dollars ($6). For every certificate the fee 4 for which is not otherwise fixed, the fee is six dollars ($6). 5 Notwithstanding Section 68085, one dollar and 6 seventy-five cents ($1.75) of the fee authorized in this 7 section shall be deposited in the county general fund for 8 use as county general fund revenue. 9 SEC. 14. Section 26835 of the Government Code is 10 amended to read: 11 26835. (a) The clerk of the court shall collect a fee of 12 six dollars ($6) per signature for any document that is 13 required to be authenticated pursuant to court order. 14 (b) Each document authenticated by the county clerk 15 shall contain the following statement: 16 ‘‘____, County Clerk and ex officio Clerk of the 17 Superior Court, in and for the County of ____, State 18 of California. Signed pursuant to court order dated 19 ____ in the matter of ____ petitioner v. ____, 20 respondent, Case No. ____.’’ 21 (c) Notwithstanding Section 68085, two dollars ($2) of 22 the fee authorized by subdivision (a) shall be deposited 23 in the county general fund for use as county general fund 24 revenue. 25 SEC. 15. Section 26836 of the Government Code is 26 amended to read: 27 26836. For every certificate the fee for which is not 28 otherwise fixed, the fee is six dollars ($6). 29 Notwithstanding Section 68085, one dollar and 30 seventy-five cents ($1.75) of the fee authorized in this 31 section shall be deposited in the county general fund for 32 use as county general fund revenue. 33 SEC. 16. Section 26837 of the Government Code is 34 amended to read: 35 26837. For comparing with the original on file in the 36 office of the clerk of any court, the copy of any paper, 37 record, or proceeding prepared by another and 38 presented for the clerk’s certificate, the fee is one dollar 39 ($1) per page, in addition to the fee for the certificate. 40 Notwithstanding Section 68085, fifty cents ($0.50) of the

94 AB 233 — 14 — 1 fee authorized in this section shall be deposited in the 2 county general fund for use as county general fund 3 revenue. 4 SEC. 17. Section 26838 of the Government Code is 5 amended to read: 6 26838. The fee for a certificate required by courts of 7 appeal or the Supreme Court on filing a notice of motion 8 prior to the filing of the record on appeal in the reviewing 9 court is twenty-three dollars ($23). Notwithstanding 10 Section 68085, fourteen dollars ($14) of the fee authorized 11 in this section shall be deposited in the county general 12 fund for use as county general fund revenue. 13 SEC. 18. Section 26850 of the Government Code is 14 amended to read: 15 26850. For filing and indexing all papers for which a 16 charge is not elsewhere provided, other than papers filed 17 in actions or special proceedings, official bonds, or 18 certificates of appointment, the fee is six dollars ($6). 19 Notwithstanding Section 68085, two dollars and 20 twenty-five cents ($2.25) of the fee authorized in this 21 section shall be deposited in the county general fund for 22 use as county general fund revenue. 23 SEC. 19. Section 26851 of the Government Code is 24 amended to read: 25 26851. For either recording or registering any license 26 or certificate or issuing any certificate, or both, in 27 connection with a license, required by law for which a 28 charge is not otherwise prescribed, the fee is six dollars 29 ($6). Notwithstanding Section 68085, two dollars and 30 twenty-five cents ($2.25) of the fee authorized in this 31 section shall be deposited in the county general fund for 32 use as county general fund revenue. 33 SEC. 20. Section 26852 of the Government Code is 34 amended to read: 35 26852. The fee for each certificate to the official 36 capacity of any public official is six dollars ($6). 37 Notwithstanding Section 68085, two dollars and 38 twenty-five cents ($2.25) of the fee authorized in this 39 section shall be deposited in the county general fund for 40 use as county general fund revenue.

94 —15— AB 233 1 SEC. 21. Section 26853 of the Government Code is 2 amended to read: 3 26853. The fee for taking an affidavit, except in 4 criminal cases or adoption proceedings, is six dollars ($6). 5 Notwithstanding Section 68085, two dollars and 6 twenty-five cents ($2.25) of the fee authorized in this 7 section shall be deposited in the county general fund for 8 use as county general fund revenue. 9 SEC. 22. Section 26855 of the Government Code is 10 amended to read: 11 26855. The fee for taking acknowledgment of any 12 deed or other instrument, including the certificate, is six 13 dollars ($6) for each signature. Notwithstanding Section 14 68085, two dollars and twenty-five cents ($2.25) of the fee 15 authorized in this section shall be deposited in the county 16 general fund for use as county general fund revenue. 17 SEC. 23. Section 26857 of the Government Code is 18 amended to read: 19 26857. No fee shall be charged by the clerk for service 20 rendered to a defendant in any criminal action or, to the 21 petitioner in any adoption proceeding except as provided 22 in Section 103730 of the Health and Safety Code, nor shall 23 any fees be charged for any proceeding brought pursuant 24 to Section 7841 of the Family Code to declare a minor free 25 from parental custody or control. No fee shall be charged 26 by the clerk for service rendered to any municipality or 27 county in the state, or to the national government, nor for 28 any service relating thereto. 29 SEC. 24. Section 26862 of the Government Code is 30 amended to read: 31 26862. In any county in which there is a family 32 conciliation court, or in which counties have by contract 33 established joint family conciliation court services, a fee 34 of twenty dollars ($20) shall be paid to the clerk of the 35 court at the time of filing a motion, order to show cause, 36 or other proceeding seeking to modify or enforce that 37 portion of any judgment or order entered in this state or 38 any other state which orders or awards the custody of a 39 minor child or children or which specifies the rights of 40 any party to the proceeding to visitation of a minor child

94 AB 233 — 16 — 1 or children. Notwithstanding Section 68085, fifteen 2 dollars ($15) of the fee authorized in this section shall be 3 deposited in the county treasury and shall be used 4 exclusively to pay the costs of maintaining the family 5 conciliation court. 6 SEC. 25. Section 27081.5 is added to the Government 7 Code, to read: 8 27081.5. Jury fees shall not be returned in the event 9 the action or proceeding is dismissed or the trial by jury 10 is waived after deposit of jury fees. 11 SEC. 26. Section 27361 of the Government Code is 12 amended to read: 13 27361. (a) The fee for recording and indexing every 14 instrument, paper, or notice required or permitted by 15 law to be recorded is four dollars ($4) for recording the 16 first page and three dollars ($3) for each additional page, 17 except the recorder may charge additional fees as follows: 18 (1) If the printing on printed forms is spaced more 19 than nine lines per vertical inch or more than 22 20 characters and spaces per inch measured horizontally for 21 not less than 3 inches in one sentence, the recorder shall 22 charge one dollar ($1) extra for each page or sheet on 23 which printing appears excepting, however, the extra 24 charge shall not apply to printed words which are 25 directive or explanatory in nature for completion of the 26 form or on vital statistics forms. Fees collected under this 27 paragraph are not subject to subdivision (b) or (c). 28 (2) If a page or sheet does not conform with the 29 dimensions described in subdivision (a) of Section 30 27361.5, the recorder shall charge three dollars ($3) extra 31 per page or sheet of the document. The extra charge 32 authorized under this paragraph shall be available solely 33 to support, maintain, improve, and provide for the full 34 operation for modernized creation, retention, and 35 retrieval of information in each county’s system of 36 recorded documents. Fees collected under this 37 paragraph are not subject to subdivision (b) or (c). 38 (b) One dollar ($1) of each three dollar ($3) fee for 39 each additional page shall be transmitted by the county

94 —17— AB 233 1 auditor monthly to the Controller for deposit in the Trial 2 Court Trust Fund established pursuant to Section 68085. 3 (c) Notwithstanding Section 68085, one dollar ($1) for 4 recording the first page and one dollar ($1) for each 5 additional page shall be available solely to support, 6 maintain, improve, and provide for the full operation for 7 modernized creation, retention, and retrieval of 8 information in each county’s system of recorded 9 documents. 10 SEC. 27. Section 68073 of the Government Code is 11 amended to read: 12 68073. (a) Commencing July 1, 1997, and each year 13 thereafter, no county or city and county shall be 14 responsible to provide funding for ‘‘court operations’’ as 15 defined in Section 77003 and Rule 810 of the California 16 Rules of Court as it read on July 1, 1996. 17 (b) Commencing as of July 1, 1996, and each year 18 thereafter, each county or city and county shall be 19 responsible for providing necessary and suitable facilities 20 for judicial and court support positions created prior to 21 July 1, 1996. In determining whether facilities are 22 necessary and suitable, the reasonable needs of the court 23 and the fiscal condition of the county or city and county 24 shall be taken into consideration. 25 (c) If a county or city and county fails to provide 26 necessary and suitable facilities as described in 27 subdivision (b), the court shall give notice of a specific 28 deficiency. If the county or city and county then fails to 29 provide necessary and suitable facilities pursuant to this 30 section, the court may direct the appropriate officers of 31 the county or city and county to provide the necessary 32 and suitable facilities. The expenses incurred, certified by 33 the judge or judges to be correct, are a charge against the 34 county or city and county treasury and shall be paid out 35 of the general fund. 36 (d) Prior to the construction of new court facilities or 37 the alteration, remodeling, or relocation of existing court 38 facilities, a county or city and county shall solicit the 39 review and comment of the judge or judges of the court 40 affected regarding the adequacy and standard of design,

94 AB 233 — 18 — 1 and that review and comment shall not be disregarded 2 without reasonable grounds. 3 (e) For purposes of this section, ‘‘facilities’’ means: (1) 4 rooms for holding superior and municipal court, (2) the 5 chambers of the judges of the court, (3) rooms for the 6 attendants of the court, and (4) sufficient heat, 7 ventilation, air-conditioning, light, and fixtures for those 8 rooms and chambers. 9 (f) This section shall not be construed as authorizing 10 a county, a city and county, a court, or the state to supply 11 to the official reporters of the courts stenography, 12 stenotype, or other shorthand machines; nor as 13 authorizing the supply to the official reporters of the 14 courts, for use in the preparation of transcripts, of 15 typewriters, transcribing equipment, supplies, or other 16 personal property. 17 SEC. 28. Section 68073.1 is added to the Government 18 Code, to read: 19 68073.1. (a) All furniture, furnishings, and 20 equipment used solely by a trial court on June 30, 1997, 21 shall become the property of the court unless the county 22 is prohibited from transferring title by a contract, 23 agreement, covenant, or other provision in the law. 24 (b) Any other furniture, furnishings, or equipment 25 made available by the county or city and county for use 26 by a court on June 30, 1997, shall continue to be made 27 available to the court, unless otherwise agreed in writing 28 by the court and the county or city and county. 29 (c) The court shall assume all responsibility for any 30 furniture, furnishing, and equipment for which title is 31 transferred to the court or that continues to be made 32 available for use by a court pursuant to this section, 33 including the fiscal responsibility for any rental or lease 34 obligation, the repair, maintenance, and replacement of 35 such furniture, furnishing, and equipment. 36 SEC. 29. Section 68085 of the Government Code is 37 amended to read: 38 68085. (a) (1) There is hereby established the Trial 39 Court Trust Fund, the proceeds of which shall be

94 —19— AB 233 1 apportioned in four installments for the purpose of 2 funding trial court operations, as defined in Section 77003. 3 (2) The quarterly apportionment payments shall be 4 made by the Controller. For fiscal year 1997–98, the 5 Controller shall make the first quarterly apportionment 6 payment within 10 days of the operative date of this 7 section, with subsequent payments due on October 15, 8 January 15, and April 15. In subsequent years, payments 9 shall be due on July 15, October 15, January 15, and April 10 15. 11 (b) Notwithstanding any other provision of law, the 12 fees listed in subdivision (c) shall all be deposited upon 13 collection in a special account in the county treasury, and 14 transmitted therefrom monthly to the Controller for 15 deposit in the Trial Court Trust Fund. 16 (c) Except as specified in subdivision (d), this section 17 applies to all fees collected pursuant to Sections 26820.4, 18 26823, 26826, 26826.01, 26827, 26827.4, 26830, 26831, 26832, 19 26833, 26835, 26836, 26837, 26838, 26850, 26851, 26852, 20 26853, 26855, 26862, 27081.5, subdivision (b) of Section 21 27361, and Sections 68086, 72055, 72056, 72056.01, and 22 72060. 23 If any of the fees provided for in this subdivision are 24 partially waived by court order, and the fee is to be 25 divided between the Trial Court Trust Fund and any 26 other fund, the amount of the partial waiver shall be 27 deducted from the amount to be distributed to each fund 28 in the same proportion as the amount of each distribution 29 bears to the total amount of the fee. 30 (d) This section does not apply to that portion of a 31 filing fee collected pursuant to Section 26820.4, 26826, 32 26827, 72055, or 72056 which is allocated for dispute 33 resolution pursuant to Section 470.3 of the Business and 34 Professions Code, the county law library pursuant to 35 Section 6320 of the Business and Professions Code, the 36 Judges’ Retirement Fund pursuant to Section 26822.3, 37 automated recordkeeping or conversion to 38 micrographics pursuant to Sections 26863 and 68090.7, 39 and courthouse financing pursuant to Section 76238. This

94 AB 233 — 20 — 1 section also does not apply to fees collected pursuant to 2 subdivisions (a) and (c) of Section 27361. 3 (e) Notwithstanding any other provision of law, no 4 agency shall take action to change the amounts allocated 5 to any of the above funds. 6 (f) Before making any apportionments under this 7 section, the Controller shall deduct, from the annual 8 appropriation for that purpose, the actual administrative 9 costs that will be incurred under this section. Costs 10 reimbursed under this section shall be determined on an 11 annual basis in consultation with the Judicial Council. 12 (g) Any amounts required to be transmitted by a 13 county or city and county to the state pursuant to this 14 section shall be remitted to the Controller no later than 15 45 days after the end of the month in which the fees were 16 collected. This remittance shall be accompanied by a 17 remittance advice identifying the collection month and 18 the appropriate account in the Trial Court Trust Fund to 19 which it is to be deposited. Any remittance which is not 20 made by the county or city and county in accordance with 21 this section shall be considered delinquent, and subject to 22 applicable penalties. 23 (h) The Trial Court Trust Fund shall be invested in the 24 Surplus Money Investment Fund and all interest earned 25 shall be allocated to the Trial Court Trust Fund 26 semiannually and shall be allocated among the courts in 27 accordance with the requirements of subdivision (a). The 28 specific allocations shall be specified by the Judicial 29 Council, based upon recommendations from the Trial 30 Court Budget Commission. 31 (i) The fourth quarterly payment from the Trial Court 32 Trust Fund for the 1996–97 fiscal year shall be made on or 33 before August 31, 1997. 34 SEC. 30. Section 68085.5 is added to the Government 35 Code, to read: 36 68085.5. (a) Notwithstanding Section 68085, the 37 Judicial Council may allocate unexpended funds in the 38 Trial Court Trust Fund, or any other funds available for 39 allocation, for the 1996–97 fiscal year for trial court 40 facilities renovation, repair, and maintenance projects

94 —21— AB 233 1 approved by the Judicial Council subject to the conditions 2 in subdivision (d). The amount allocated pursuant to this 3 section shall not exceed five million dollars ($5,000,000). 4 (b) The Judicial Council is authorized to allocate 5 moneys from the funds specified in subdivision (a) for 6 such projects as may be approved by the Judicial Council, 7 and shall be paid to the county therefor by the Controller. 8 (c) Notwithstanding Section 68085, beginning in the 9 1997–98 fiscal year and each year thereafter, if the county 10 retained share of any fines and forfeitures collected by the 11 trial courts of a county that receives funds pursuant to 12 subdivision (a) exceeds the fines and forfeitures collected 13 during the 1994–95 fiscal year, the excess fines and 14 forfeitures which would otherwise be retained by the 15 county shall instead be deposited in the Trial Court Trust 16 Fund up to the amount of any allocation made pursuant 17 to this section. 18 (d) Projects approved by the Judicial Council 19 pursuant to this section shall meet the following 20 conditions: 21 (1) The county has an environmental impact review 22 report certified if it is required for the project. 23 (2) The county board of supervisors has completed 24 and approved the plans and specifications for the project. 25 (3) The county has completed the architectural design 26 through a request for proposal process for the project. 27 (4) The county has completed any update of the 28 justice facility master plan that is necessary. 29 (5) The county has already completed a competitive 30 bid process for the project. 31 (6) The county has completed any and all land 32 acquisition, including all necessary condemnation and 33 relocation proceedings, for the project. 34 (7) The county has received Board of Corrections 35 approval for any holding facilities. 36 (e) Subdivisions (a), (b), and (d) shall become 37 inoperative on July 1, 2001. Subdivision (c) shall become 38 inoperative when all funds allocated to any county 39 pursuant to this section have been repaid.

94 AB 233 — 22 — 1 SEC. 31. Section 68088 is added to the Government 2 Code, to read: 3 68088. The Judicial Council may provide by rule of 4 court for racial, ethnic, and gender bias, and sexual 5 harassment training for judges, commissioners, and 6 referees. 7 SEC. 32. Section 68090.8 of the Government Code is 8 amended to read: 9 68090.8. (a) The Legislature finds that the 10 management of criminal cases, including traffic cases, 11 and the accounting for funds in the trial courts requires 12 these courts to implement appropriate levels of 13 automation. The purpose of this section is to make a fund 14 available for the development of automated accounting 15 and case-processing systems for the trial courts, together 16 with funds to train operating personnel, and for the 17 maintenance and enhancement of the systems. 18 (b) Prior to making any other required distribution, 19 the county treasurer shall transmit 2 percent of all fines, 20 penalties, and forfeitures collected in criminal cases, 21 including, but not limited to, moneys collected pursuant 22 to Chapter 12 (commencing with Section 76000) of Title 23 8 of this code, Section 13003 of the Fish and Game Code, 24 Section 11502 of the Health and Safety Code, and Chapter 25 1 (commencing with Section 1427) of Title 11 of Part 2 of 26 the Penal Code, into the Trial Court Improvement Fund 27 established pursuant to Section 77209, to be used 28 exclusively to pay the costs of automating trial court 29 recordkeeping systems. These systems shall meet Judicial 30 Council performance standards, including production of 31 reports as needed by the state, the counties, and local 32 governmental entities. 33 SEC. 33. Section 68113 of the Government Code is 34 amended to read: 35 68113. (a) The superior and municipal courts in each 36 county shall submit a report to the Judicial Council on 37 progress towards achieving the cost reduction goals 38 associated with the coordination plans and factors 39 impacting the cost of court operations and the collection 40 of revenues. The report shall also include financial

94 —23— AB 233 1 information on expenditures for court operations and 2 revenues according to a uniform chart of accounts 3 adopted by the Judicial Council. The reports shall be 4 submitted quarterly on or before the first day of the third 5 month following the end of the quarter, except the 6 fourth-quarter report shall be submitted on the first day 7 of the fourth month following the end of the fourth 8 quarter. 9 (b) For purposes of the reporting requirements of this 10 section, a court or courts in a county may petition the 11 Judicial Council to permit division of the court or courts 12 into smaller administrative units corresponding to the 13 organization of the court or courts under a coordination 14 plan where reporting courtwide would impose an undue 15 burden because of the number of judges or the physical 16 location of the divisions of the court or courts. 17 (c) The Judicial Council shall submit a report to the 18 Legislature on or before February 1 following the end of 19 each fiscal year setting forth all of the following: 20 (1) The revenues and expenditures for each superior 21 and municipal court in the state and statewide totals. 22 (2) A summary of the savings achieved by the courts 23 in each county and statewide. 24 (3) Factors impacting the cost of court operations and 25 the collection of revenues. 26 SEC. 34. Section 71383 of the Government Code is 27 repealed. 28 SEC. 35. Section 71383 is added to the Government 29 Code, to read: 30 71383. As used in Section 71002, ‘‘board of 31 supervisors’’ means county or city and county. 32 SEC. 36. Section 72054 of the Government Code is 33 amended to read: 34 72054. Except as otherwise provided by law, the clerk 35 of the court shall charge the fees prescribed by this 36 article, and the fees prescribed by Sections 26823, 26828, 37 26829, 26830, 26831, 26832, 26833, 26834, 26836, 26837, 38 26839, 26850, 26851, 26852, 26853, 26854, 26855, and 26863 39 for all services to be performed.

94 AB 233 — 24 — 1 SEC. 37. Section 72055 of the Government Code is 2 amended to read: 3 72055. The total fee for filing of the first paper in a civil 4 action or proceeding in the municipal court, shall be 5 ninety dollars ($90), except that in cases where the 6 amount demanded, excluding attorney’s fees and costs, is 7 ten thousand dollars ($10,000) or less, the fee shall be 8 eighty-three dollars ($83). The amount of the demand 9 shall be stated on the first page of the paper immediately 10 below the caption. 11 This section applies to the initial complaint, petition, or 12 application, and any papers transmitted from another 13 court on the transfer of a civil action or proceeding, but 14 does not include documents filed pursuant to Section 15 491.150, 704.750, or 708.160 of the Code of Civil Procedure. 16 The term ‘‘total fee’’ as used in this section and Section 17 72056 includes any amount allocated to the Judges’ 18 Retirement Fund pursuant to Section 72056.1, any 19 automation fee imposed pursuant to Section 68090.7, any 20 construction fee imposed pursuant to Section 76238, and 21 the law library fee established pursuant to Article 2 22 (commencing with Section 6320) of Chapter 5 of Division 23 3 of the Business and Professions Code. The term ‘‘total 24 fee’’ as used in Section 72056 includes any dispute 25 resolution fee imposed pursuant to Section 470.3 of the 26 Business and Professions Code. The term ‘‘total fee’’ as 27 used in this section also includes any dispute resolution 28 fee imposed pursuant to Section 470.3 of the Business and 29 Professions Code, but the board of supervisors of each 30 county may exclude any portion of this dispute resolution 31 fee from the term ‘‘total fee.’’ 32 The fee shall be waived in any action for damages 33 against a defendant, based upon the defendant’s 34 commission of a felony offense, upon presentation to the 35 clerk of the court of a certified copy of the abstract of 36 judgment of conviction of the defendant of the felony 37 giving rise to the claim for damages. If the plaintiff would 38 have been entitled to recover those fees from the 39 defendant had they been paid, the court may assess the

94 —25— AB 233 1 amount of the waived fees against the defendant and 2 order the defendant to pay that sum to the county. 3 SEC. 38. Section 72056.01 is added to the Government 4 Code, to read: 5 72056.01. (a) The fee for filing an amended 6 complaint or amendment to a complaint in a civil action 7 of proceeding in the municipal court is forty-five dollars 8 ($45). 9 (b) The fee for filing a cross-complaint, amended 10 cross-complaint or amendment to a cross-complaint in a 11 civil action or proceeding in the municipal court is 12 forty-five dollars ($45). 13 (c) A party shall not be required to pay the fee 14 provided by this section for an amended complaint, 15 amendment to a complaint, amended cross-complaint or 16 amendment to a cross-complaint more than one time in 17 any action. 18 (d) The fee provided by this section shall not apply to 19 either of the following: 20 (1) An amended pleading or amendment to a pleading 21 ordered by the court to be filed. 22 (2) An amended pleading or amendment to a pleading 23 that only names previously fictitiously named defendants. 24 SEC. 39. Section 72060 of the Government Code is 25 amended to read: 26 72060. The fee for certificate and transmitting 27 transcript and papers on appeal is ten dollars ($10). 28 Notwithstanding Section 68085, six dollars ($6) of the fee 29 authorized in this section shall be deposited in the county 30 general fund for use as county general fund revenue. 31 SEC. 40. Section 75103.5 of the Government Code is 32 amended to read: 33 75103.5. No county shall directly or indirectly pay 34 from its funds the member contributions to the Judges’ 35 Retirement Fund required by this article, unless the 36 county board of supervisors by resolution or ordinance 37 authorizes member contributions to the Judges’ 38 Retirement Fund to be paid in whole or in part from 39 county funds.

94 AB 233 — 26 — 1 Nothing in this section shall be construed to limit the 2 authority of a county to periodically eliminate in whole or 3 in part the payment from county funds of member 4 contributions to the Judges’ Retirement Fund, as 5 authorized in this section. 6 This section shall not affect the computation of a judge’s 7 retirement allowance. 8 SEC. 41. 9 SEC. 40. Section 76000 of the Government Code is 10 amended to read: 11 76000. (a) In each county there shall be levied an 12 additional penalty of seven dollars ($7) for every ten 13 dollars ($10) or fraction thereof which shall be collected 14 together with and in the same manner as the amounts 15 established by Section 1464 of the Penal Code, upon every 16 fine, penalty, or forfeiture imposed and collected by the 17 courts for criminal offenses, including all offenses 18 involving a violation of the Vehicle Code or any local 19 ordinance adopted pursuant to the Vehicle Code, except 20 parking offenses subject to Article 3 (commencing with 21 Section 40200) of Chapter 1 of Division 17 of the Vehicle 22 Code. These moneys shall be taken from fines and 23 forfeitures deposited with the county treasurer prior to 24 any division pursuant to Section 1463 of the Penal Code. 25 The county treasurer shall deposit those amounts 26 specified by the board of supervisors by resolution in one 27 or more of the funds established pursuant to this chapter. 28 However, deposits to these funds shall continue through 29 whatever period of time is necessary to repay any 30 borrowings made by the county on or before January 1, 31 1991, to pay for construction provided for in this chapter. 32 (b) In each authorized county, provided that the 33 board of supervisors has adopted a resolution stating that 34 the implementation of this subdivision is necessary to the 35 county for the purposes authorized, with respect to each 36 authorized fund established pursuant to Section 76100 or 37 76101, for every parking offense where a parking penalty, 38 fine, or forfeiture is imposed, an added penalty of two 39 dollars and fifty cents ($2.50) shall be included in the total 40 penalty, fine, or forfeiture. Except as provided in

94 —27— AB 233 1 subdivision (c), for each parking case collected in the 2 courts of the county, the county treasurer shall place in 3 each authorized fund two dollars and fifty cents ($2.50). 4 These moneys shall be taken from fines and forfeitures 5 deposited with the county treasurer prior to any division 6 pursuant to Section 1462.3 or 1463.009 of the Penal Code. 7 The judges of the county shall increase the bail schedule 8 amounts as appropriate to reflect the added penalty 9 provided for by this section. In those cities, districts, or 10 other issuing agencies which elect to accept parking 11 penalties, and otherwise process parking violations 12 pursuant to Article 3 (commencing with Section 40200) 13 of Chapter 1 of Division 17 of the Vehicle Code, that city, 14 district, or issuing agency shall observe the increased bail 15 amounts as established by the court reflecting the added 16 penalty provided for by this section. Each agency which 17 elects to process parking violations shall pay to the county 18 treasurer two dollars and fifty cents ($2.50) for each fund 19 for each parking penalty collected on each violation 20 which is not filed in court. Those payments to the county 21 treasurer shall be made monthly, and the county 22 treasurer shall deposit all those sums in the authorized 23 fund. No issuing agency shall be required to contribute 24 revenues to any fund in excess of those revenues 25 generated from the surcharges established in the 26 resolution adopted pursuant to this chapter, except as 27 otherwise agreed upon by the local governmental entities 28 involved. 29 (c) The county treasurer shall deposit one dollar ($1) 30 of every two dollars and fifty cents ($2.50) collected 31 pursuant to subdivision (b) into the general fund of the 32 county. 33 SEC. 42. 34 SEC. 41. Section 76224 is added to the Government 35 Code, to read: 36 76224. Deposits to the Courthouse Construction Fund 37 established in Merced County pursuant to Section 76100 38 shall continue through and including the 25th year after 39 the initial year in which the surcharge is collected or the

94 AB 233 — 28 — 1 25th year after any borrowings are made for any 2 construction under that section, whichever comes later. 3 SEC. 43. 4 SEC. 42. Section 77001 is added to the Government 5 Code, to read: 6 77001. On or before July 1, 1998, the Judicial Council 7 shall promulgate rules which establish a decentralized 8 system of trial court management. These rules shall 9 ensure: 10 (a) Local authority and responsibility of trial courts to 11 manage day-to-day operations. 12 (b) Countywide administration of the trial courts. 13 (c) The authority and responsibility of trial courts to 14 manage all of the following, consistent with statute, rules 15 of court, and standards of judicial administration: 16 (1) Annual allocation of funding, including the 17 authority to move funding between functions or line 18 items. 19 (2) Local personnel systems, including the 20 promulgation of personnel policies. 21 (3) Processes and procedures to improve court 22 operations and responsiveness to the public. 23 (4) The trial courts of each county shall establish the 24 means of selecting presiding judges, assistant presiding 25 judges, executive officers or court administrators, clerks 26 of court, and jury commissioners. 27 (d) Trial court input into the Judicial Council budget 28 process. 29 (e) Equal access to justice throughout California 30 utilizing standard practices and procedures whenever 31 feasible. 32 SEC. 44. 33 SEC. 43. Section 77003 of the Government Code is 34 amended to read: 35 77003. (a) As used in this chapter, ‘‘court operations’’ 36 means all of the following: 37 (1) Salaries, benefits, and public agency retirement 38 contributions for superior and municipal court judges and 39 for subordinate judicial officers.

94 —29— AB 233 1 (2) The salary, benefits, and public agency retirement 2 contributions for other court staff including all municipal 3 court staff positions specifically prescribed by statute. 4 (3) Those marshals, constables, and sheriffs as the 5 court deems necessary for court operations. 6 (4) Court-appointed counsel in juvenile court 7 dependency proceedings and counsel appointed by the 8 court to represent a minor pursuant to Chapter 10 9 (commencing with Section 3150) of Part 2 of Division 8 10 of the Family Code. 11 (5) Services and supplies relating to court operations. 12 (6) Collective bargaining under the 13 Meyers-Milias-Brown Act with respect to court 14 employees specified in Section 3501.5. 15 (7) Actual indirect costs for county and city and 16 county general services attributable to court operations, 17 but specifically excluding, but not limited to, law library 18 operations conducted by a trust pursuant to statute; 19 courthouse construction; district attorney services; 20 probation services; indigent criminal defense; grand jury 21 expenses and operations; and pretrial release services. 22 (b) However, ‘‘court operations’’ does not include 23 collection enhancements as defined in Rule 810 of the 24 California Rules of Court as it read on July 1, 1996. 25 SEC. 45. 26 SEC. 44. Section 77009 is added to the Government 27 Code, to read: 28 77009. (a) For the purposes of funding trial court 29 operations, each board of supervisors shall establish in the 30 county treasury a Trial Court Operations Fund, which 31 will operate as a special revenue fund. All funds 32 appropriated in the Budget Act and allocated and 33 reallocated to each court in the county by the Judicial 34 Council shall be deposited into the fund. Accounts shall 35 be established in the Trial Court Operations Fund for 36 each trial court in the county, except that one account 37 may be established for courts which have a unified 38 budget. In a county where court budgets include 39 appropriations for expenditures administered on a 40 countywide basis, including, but not limited to, court

94 AB 233 — 30 — 1 security, centralized data-processing and planning and 2 research services, an account for each centralized service 3 shall be established and funded from those 4 appropriations. 5 (b) The moneys of the Trial Court Operations Fund 6 arising from deposits of funds appropriated in the Budget 7 Act and allocated or reallocated to each court in the 8 county by the Judicial Council shall be payable only for 9 the purposes set forth in Sections 77003 and 77006.5, and 10 for services purchased by the court pursuant to 11 subdivisions (b) and (c) of Section 77212. The presiding 12 judge of each court in a county, or his or her designee, 13 shall authorize and direct expenditures from the fund and 14 the county auditor-controller shall make payments from 15 the funds as directed. Approval of the board of 16 supervisors is not required for expenditure from this 17 fund. 18 (c) Interest received by a county which is attributable 19 to investment of money required by this section to be 20 deposited in its Trial Court Operations Fund shall be 21 deposited in the fund and shall be used for trial court 22 operations purposes. 23 (d) In no event shall interest be charged to the Trial 24 Court Operations Fund. 25 (e) Reasonable administrative expenses incurred by 26 the county associated with the operation of this fund shall 27 be charged to each court on a pro rata basis in proportion 28 to the total amount allocated to each court in this fund. 29 (f) A county, or city and county, may bill trial courts 30 within its jurisdiction for costs for services provided by 31 the county, or city and county, as described in Sections 32 77003 and 77212, including indirect costs as described in 33 paragraph (7) of subdivision (a) of Section 77003 and 34 Section 77212. The costs billed by the county, or the city 35 and the county, pursuant to this subdivision shall not 36 exceed the costs incurred by the county, or the city and 37 the county, of providing similar services to county 38 departments or special districts. 39 (g) Pursuant to Section 77206, the Controller, at the 40 request of the Legislature or the Judicial Council, may

94 —31— AB 233 1 perform financial and fiscal compliance audits of this 2 fund. 3 (h) The Judicial Council with the concurrence of the 4 Department of Finance and the Controller’s office shall 5 establish procedures to implement the provisions of this 6 section and to provide for payment of trial court 7 operations expenses, as described in Sections 77003 and 8 77006.5, incurred on July 1, 1997, and thereafter. 9 (i) The Judicial Council shall study alternative 10 methods for the establishment and management of the 11 Trial Court Operations Fund as provided in this section, 12 and shall report its findings and recommendations to the 13 Legislature not later than November 1, 1998. 14 SEC. 46. 15 SEC. 45. Article 3 (commencing with Section 77200) 16 of Chapter 13 of Title 8 of the Government Code is 17 repealed. 18 SEC. 47. 19 SEC. 46. Article 3 (commencing with Section 77200) 20 is added to Chapter 13 of Title 8 of the Government Code, 21 to read: 22 23 Article 3. State Finance Provisions 24 25 77200. On and after July 1, 1997, the state shall assume 26 sole responsibility for the funding of court operations, as 27 defined in Section 77003 and Rule 810 of the California 28 Rules of Court as it read on July 1, 1996. In meeting this 29 responsibility, the state shall do all of the following: 30 (a) Deposit in the State Trial Court Trust Fund, for 31 subsequent allocation to or for the trial courts, all county 32 funds remitted to the state pursuant to Section 77201. 33 (b) Be responsible for the cost of court operations 34 incurred by the trial courts in the 1997–98 fiscal year and 35 subsequent fiscal years. 36 (c) Allocate funds to the individual trial courts 37 pursuant to an allocation schedule adopted by the Judicial 38 Council, but in no case shall the amount allocated to the 39 trial courts of a county be less than the amount remitted 40 to the state by the county in which those courts are

94 AB 233 — 32 — 1 located pursuant to paragraphs (1) and (2) of subdivision 2 (b) of Section 77201. 3 (d) The Judicial Council shall submit its allocation 4 schedule to the Controller at least 15 days before the due 5 date of any allocation. 6 77201. (a) Commencing on July 1, 1997, no county 7 shall be responsible for funding court operations, as 8 defined in Section 77003 and Rule 810 of the California 9 Rules of Court as it read on July 1, 1996. 10 (b) Commencing in the 1997–98 fiscal year, and each 11 fiscal year thereafter, each county shall remit to the state 12 in four equal installments due on October 1, January 1, 13 April 1, and July 1, the amounts specified in paragraphs 14 (1) and (2), as follows: 15 (1) Except as otherwise specifically provided in this 16 section, each county shall remit to the state the amount 17 listed below which is based on an amount expended by 18 the respective county for court operations during the 19 1994–95 fiscal year: 20 21 Jurisdiction Amount 22 Alameda ...... $ 42,045,093 23 Alpine ...... 23,022 24 46,044 25 Amador ...... 450,098 26 900,196 27 Butte ...... 2,604,611 28 Calaveras ...... 210,446 29 420,893 30 Colusa ...... 154,504 31 309,009 32 Contra Costa ...... 21,634,450 33 Del Norte ...... 390,393 34 780,786 35 El Dorado ...... 3,888,927 36 Fresno ...... 13,355,025 37 Glenn ...... 185,803 38 371,607 39 Humboldt ...... 2,437,196 40 Imperial ...... 2,055,173

94 —33— AB 233

1 Inyo ...... 273,254 2 546,548 3 Kern ...... 16,669,917 4 Kings ...... 2,594,901 5 Lake ...... 487,655 6 975,311 7 Lassen ...... 258,960 8 517,921 9 Los Angeles ...... 291,872,379 10 Madera ...... 1,242,968 11 Marin ...... 6,837,518 12 Mariposa ...... 88,940 13 Mendocino ...... 1,739,605 14 Merced ...... 1,363,409 15 Modoc ...... 57,124 16 114,249 17 Mono ...... 135,510 18 271,021 19 Monterey ...... 5,739,655 20 Napa ...... 2,866,986 21 Nevada ...... 815,130 22 Orange ...... 76,567,372 23 Placer ...... 6,450,175 24 Plumas ...... 206,684 25 413,368 26 Riverside ...... 32,524,412 27 Sacramento ...... 40,692,954 28 San Benito ...... 230,276 29 460,552 30 San Bernardino ...... 31,516,134 31 San Diego ...... 77,637,904 32 San Francisco ...... 31,142,353 33 San Joaquin ...... 9,102,834 34 San Luis Obispo ...... 6,840,067 35 San Mateo ...... 20,383,643 36 Santa Barbara ...... 10,604,431 37 Santa Clara ...... 49,876,177 38 Santa Cruz ...... 6,449,104 39 Shasta ...... 3,369,017

94 AB 233 — 34 —

1 Sierra ...... 20,238 2 40,477 3 Siskiyou ...... 239,072 4 478,144 5 Solano ...... 10,780,179 6 Sonoma ...... 9,273,174 7 Stanislaus ...... 8,320,727 8 Sutter ...... 1,718,287 9 Tehama ...... 676,185 10 1,352,370 11 Trinity ...... 310,495 12 620,990 13 Tulare ...... 6,981,681 14 Tuolumne ...... 540,361 15 1,080,723 16 Ventura ...... 16,721,157 17 Yolo ...... 2,564,985 18 Yuba ...... 421,120 19 842,240 20 21 (2) Except as otherwise specifically provided in this 22 section, each county shall also remit to the state the 23 amount listed below which is based on an amount of fine 24 and forfeiture revenue remitted to the state pursuant to 25 Sections 27361 and 76000 of this code, Sections 1463.001 26 and 1464 of the Penal Code, and Sections 42007, 42007.1, 27 and 42008 of the Vehicle Code during the 1994–95 fiscal 28 year: 29 30 Jurisdiction Amount 31 Alameda ...... $ 12,423,631 32 Alpine ...... 58,757 33 Amador ...... 363,520 34 Butte ...... 1,410,940 35 Calaveras ...... 405,445 36 Colusa ...... 474,429 37 Contra Costa ...... 5,467,233 38 Del Norte ...... 706,755 39 El Dorado ...... 1,194,224 40 Fresno ...... 4,407,625

94 —35— AB 233

1 Glenn ...... 443,950 2 Humboldt ...... 1,145,247 3 Imperial ...... 1,325,788 4 Inyo ...... 846,406 5 Kern ...... 6,548,028 6 Kings ...... 1,099,439 7 Lake ...... 418,194 8 Lassen ...... 503,354 9 Los Angeles ...... 87,497,177 10 Madera ...... 1,187,982 11 Marin ...... 2,628,761 12 Mariposa ...... 135,457 13 Mendocino ...... 925,434 14 Merced ...... 2,049,712 15 Modoc ...... 120,045 16 Mono ...... 415,136 17 Monterey ...... 3,781,806 18 Napa ...... 855,708 19 Nevada ...... 1,359,639 20 Orange ...... 24,193,498 21 Placer ...... 1,795,271 22 Plumas ...... 221,287 23 Riverside ...... 9,703,391 24 Sacramento ...... 7,414,513 25 San Benito ...... 341,104 26 San Bernardino ...... 11,378,885 27 San Diego ...... 20,775,224 28 San Francisco ...... 5,698,182 29 San Joaquin ...... 4,493,416 30 San Luis Obispo ...... 2,508,848 31 San Mateo ...... 6,904,165 32 Santa Barbara ...... 3,995,337 33 Santa Clara ...... 15,081,644 34 Santa Cruz ...... 2,223,074 35 Shasta ...... 1,180,105 36 Sierra ...... 46,264 37 Siskiyou ...... 778,824 38 Solano ...... 3,666,765 39 Sonoma ...... 2,787,075

94 AB 233 — 36 —

1 Stanislaus ...... 2,570,433 2 Sutter ...... 787,563 3 Tehama ...... 746,541 4 Trinity ...... 137,087 5 Tulare ...... 2,243,584 6 Tuolumne ...... 430,944 7 Ventura ...... 5,886,676 8 Yolo ...... 1,472,757 9 Yuba ...... 391,919 10 11 (3) Except as otherwise specifically provided in this 12 section, county remittances specified in paragraphs (1) 13 and (2) shall not be increased in subsequent years. 14 (4) Any change in statute or rule of court that either 15 reduces the bail schedule or redirects or reduces a 16 county’s portion of fee, fine, and forfeiture revenue to an 17 amount that is less than (A) the fees, fines, and forfeitures 18 retained by that county and (B) the county’s portion of 19 fines and forfeitures transmitted to the state in the 20 1994–95 fiscal year, shall reduce that county’s remittance 21 specified in paragraph (2) of this subdivision by an equal 22 amount. Nothing in this paragraph is intended to limit 23 judicial sentencing discretion. 24 (c) The Department of Finance shall adjust the 25 amount specified in paragraph (1) of subdivision (b) that 26 a county is required to submit to the state, pursuant to the 27 following procedures: 28 (1) A county may submit a declaration to the 29 Department of Finance, no later than January 15, 1998, 30 that declares that (A) the county incorrectly reported 31 county costs as court operations costs as defined in Section 32 77003 in the 1994–95 fiscal year, and that incorrect report 33 resulted in the amount the county is required to submit 34 to the state pursuant to paragraph (1) of subdivision (b) 35 being too high, (B) the amount the county is required to 36 submit to the state pursuant to paragraph (1) of 37 subdivision (b) includes amounts that were specifically 38 appropriated, funded and expended by a county or city 39 and county during fiscal year 1994–95 to fund 40 extraordinary one-time expenditures for court operation

94 —37— AB 233 1 costs, or (C) the amount the county is required to submit 2 to the state pursuant to paragraph (1) of subdivision (b) 3 includes expenses that were funded from grants or 4 subventions from any source, for court operation costs 5 that could not have been funded without those grants or 6 subventions being available, or (D), in a county of the 7 first class, the amount the county is required to submit to 8 the state pursuant to paragraph (1) of subdivision (b) 9 includes expenses for court facilities as that term is used 10 in subdivision (e) of Section 68073. A county submitting 11 subventions being available. A county submitting that 12 declaration shall concurrently transmit a copy of the 13 declaration to the courts of that county. The trial courts 14 in a county that submits that declaration shall have the 15 opportunity to comment to the Department of Finance 16 on the validity of the statements in the declaration. Upon 17 receipt of the declaration and comments, if any, the 18 Department of Finance shall determine and certify 19 which costs identified in the county’s declaration were 20 incorrectly reported as court operation costs or were 21 expended for extraordinary one-time expenditures or 22 funded from grants or subventions in the 1994–95 fiscal 23 year. The Department of Finance shall reduce the 24 amount a county must submit to the state pursuant to 25 paragraph (1) of subdivision (b) by an amount equal to 26 the amount the department certifies was incorrectly 27 reported as court operations costs or were expended for 28 extraordinary one-time expense or funded from grants or 29 subventions in the 1994–95 fiscal year. If a county 30 disagrees with the Department of Finance’s failure to 31 verify the facts in the county’s declaration and reduce the 32 amount the county is required to submit to the state 33 pursuant to paragraph (1) of subdivision (b), the county 34 may request that the Controller conduct an audit to 35 verify the facts in the county’s declaration. The 36 Controller shall conduct the requested audit, which shall 37 be at the requesting county’s expense. If the Controller’s 38 audit verifies the facts in the county’s declaration, the 39 department shall reduce the amount the county is 40 required to submit to the state pursuant to paragraph (1)

94 AB 233 — 38 — 1 of subdivision (b) by an amount equal to the amount 2 verified by the Controller’s audit and the state shall 3 reimburse the requesting county for the cost of the audit. 4 A county shall provide, at no charge to the court, any 5 service for which the amount in paragraph (1) of 6 subdivision (b) was adjusted downward, if the county is 7 required to provide that service at no cost to the court by 8 any other provision of law. If the Department of Finance 9 adjusts the amount specified in paragraph (1) of 10 subdivision (b) pursuant to a county declaration 11 submitted under subparagraph (D), the state is not 12 required to offset the amount so adjusted. The Judicial 13 Council shall reduce, by an amount equal to the 14 adjustment, the amount allocated pursuant to subdivision 15 (a) of Section 77202 to the trial courts in any county in 16 which an adjustment has been made by the Department 17 of Finance pursuant to a declaration submitted under 18 subparagraph (D). 19 (2) A court may submit a declaration to the 20 Department of Finance, no later than January 15, 1998, 21 that the county failed to report county costs as court 22 operations costs as defined in Section 77003 in the 1994–95 23 fiscal year, and that this failure resulted in the amount the 24 county is required to submit to the state pursuant to 25 paragraph (1) of subdivision (b) being too low. A court 26 submitting that declaration shall concurrently transmit a 27 copy of the declaration to the county. A county shall have 28 the opportunity to comment to the Department of 29 Finance on the validity of statements in the declaration 30 and comments, if any. Upon receipt of the declaration, 31 the Department of Finance shall determine and certify 32 which costs identified in the court’s declaration should 33 have been reported by the county as court operation costs 34 in the 1994–95 fiscal year and whether this failure resulted 35 in the amount the county is required to submit to the state 36 pursuant to paragraph (1) of subdivision (b) being too 37 low. The Department of Finance shall notify the county, 38 trial courts in the county, and the Judicial Council of its 39 certification and decision. Within 30 days, or on or before 40 June 30, 1998, whichever is later, the county shall either

94 —39— AB 233 1 notify the Department of Finance, trial courts in the 2 county, and the Judicial Council that the county shall 3 assume responsibility for the costs the county has failed to 4 report or that the department shall increase the amount 5 the county is required to submit to the state pursuant to 6 paragraph (1) of subdivision (b) by an amount equal to 7 the amount certified by the department. A county shall 8 not be required to continue to provide services for which 9 the amount in paragraph (1) of subdivision (b) was 10 adjusted upward. 11 (3) A county shall submit a declaration to the 12 Department of Finance, no later than January 15, 1998, 13 that the amount it is required to submit to the state 14 pursuant to paragraph (1) of subdivision (b) either 15 includes or does not include the costs for local judicial 16 benefits which are court operation costs as defined in 17 Section 77003 and Rule 810 of the California Rules of 18 Court. The trial courts in a county that submits such a 19 declaration shall be given a copy of the declaration and 20 the opportunity to comment on the validity of the 21 statements in the declaration. The Department of 22 Finance shall verify the facts in the county’s declaration 23 and comments, if any, within 30 days of receipt of the 24 declaration and, upon verification that the amount the 25 county is required to submit to the state includes the costs 26 of local judicial benefits, the department shall reduce the 27 amount the county is required to submit to the state 28 pursuant to paragraph (1) of subdivision (b) by an 29 amount equal to the cost of those judicial benefits, in 30 which case the county shall continue to be responsible for 31 the cost of those benefits. If a county disagrees with the 32 Department of Finance’s failure to verify the facts in the 33 county’s declaration and reduce the amount the county 34 is required to submit to the state pursuant to paragraph 35 (1) of subdivision (b), the county may request that the 36 Controller conduct an audit to verify the facts in the 37 county’s declaration. The Controller shall conduct the 38 requested audit which shall be at the requesting county’s 39 expense. If the Controller’s audit verifies the facts in the 40 county’s declaration, the department shall reduce the

94 AB 233 — 40 — 1 amount the county is required to submit to the state 2 pursuant to paragraph (1) of subdivision (b) by an 3 amount equal to the amount verified by the Controller’s 4 audit and the state shall reimburse the requesting county 5 for the cost of the audit. 6 (d) Nothing in this section is intended to relieve a 7 county of the responsibility to provide necessary and 8 suitable court facilities pursuant to Section 68073. 9 (e) Nothing in this section is intended to relieve a 10 county of the responsibility for justice-related expenses 11 not included in Section 77003 which are otherwise 12 required of the county by law, including, but not limited 13 to, indigent defense representation and investigation, 14 and payment of youth authority charges. 15 (f) County base-year remittance requirements 16 specified in paragraph (2) of subdivision (b) incorporate 17 specific reductions to reflect those instances where the 18 Department of Finance has determined that a county’s 19 remittance to both the General Fund and the Trial Court 20 Trust Fund during the 1994–95 fiscal year exceeded the 21 aggregate amount of state funding from the General 22 Fund and the Trial Court Trust Fund. The amount of the 23 reduction was determined by calculating the difference 24 between the amount the county remitted to the General 25 Fund and the Trial Court Trust Fund and the aggregate 26 amount of state support from the General Fund and the 27 Trial Court Trust Fund allocated to the county’s trial 28 courts. In making its determination of whether a county 29 is entitled to a reduction pursuant to that paragraph, the 30 Department of Finance subtracted from county revenues 31 remitted to the state, all moneys derived from the fee 32 required by Section 42007.1 of the Vehicle Code and the 33 parking surcharge required by subdivision (c) of Section 34 76000. 35 (g) Notwithstanding subdivision (f), the Department 36 of Finance shall not reduce a county’s base-year 37 remittance requirement, as specified in paragraph (2) of 38 subdivision (b), if the county’s trial court funding 39 allocation was modified pursuant to the amendments to 40 the allocation formula set forth in paragraph (4) of

94 —41— AB 233 1 subdivision (d) of Section 77200, as amended by Chapter 2 2 of the Statutes of 1993, to provide a stable level of 3 funding for small county courts in response to reductions 4 in the State General Fund support for the trial courts. 5 (h) The Department of Finance shall notify the 6 county, trial courts in the county, and Judicial Council of 7 the final decision and resulting adjustment. 8 (i) Commencing in the 1997–98 fiscal year and each 9 year thereafter, the amount each county with a 10 population of less than 70,000, as of January 1, 1997, is 11 required to remit to the state pursuant to paragraph (1) 12 of subdivision (b) shall be reduced to zero, except for a 13 county whose courts do not have a coordination plan that 14 has been approved by the Judicial Council pursuant to 15 Section 68112 and in full operation by July 1, 1998. 16 (j) 17 (i) On or before January 15, 1998, each county shall 18 submit to the Department of Finance a report of the 19 amount it expended for trial court operations as defined 20 in Section 77003 and Rule 810 of the California Rules of 21 Court as it read on July 1, 1996, between the start of the 22 1997–98 fiscal year and the effective date of this section. 23 The department shall reduce the amount a county is 24 required to remit to the state pursuant to paragraph (1) 25 of subdivision (b) in the 1997–98 fiscal year by an amount 26 equal to the amount a county expended for court 27 operation costs between the start of the 1997–98 fiscal 28 year and the effective date of this section. The 29 department shall notify the county, the trial courts of the 30 county, and the Judicial Council of the amount it has 31 reduced a county’s obligation to remit to the state 32 pursuant to this subdivision. 33 77202. (a) The Legislature shall make an annual 34 appropriation to the Judicial Council for the general 35 operations of the trial courts based on the 36 recommendations of the Trial Court Budget Commission, 37 as approved by the Judicial Council, as specified in 38 paragraph (4) of subdivision (a) of Section 68502.5. The 39 Judicial Council shall allocate the appropriation to the 40 trial courts in a manner that best ensures the ability of the

94 AB 233 — 42 — 1 courts to carry out their functions and promotes the 2 immediate implementation of efficiencies and cost saving 3 measures in court operations in order to guarantee access 4 to justice to citizens of the state. 5 The Judicial Council shall ensure that the 6 recommendations of the commission and the allocations 7 made by the council reward each trial court’s 8 implementation of efficiencies and cost saving measures. 9 These efficiencies and cost saving measures shall 10 include the following: 11 (1) The use of blanket cross-assignments allowing 12 judges to hear civil, criminal, or other types of cases 13 within the jurisdiction of another court. 14 (2) The coordinated or joint use of subordinate judicial 15 officers to hear or try matters. 16 (3) The coordinated or joint use, sharing, or merger of 17 court support staff among trial courts within a county or 18 across counties. 19 (4) The assignment of civil, criminal, or other types of 20 cases for hearing or trial, regardless of jurisdictional 21 boundaries, to any available judicial officer. 22 (5) The assignment of any type of case to a judge for 23 all purposes commencing with the filing of the case and 24 regardless of jurisdictional boundaries. 25 (6) The establishment of a separate calendar or 26 division to hear a particular type of case. 27 (7) In rural counties, the use of all court facilities for 28 hearings and trials of all types of cases and the acceptance 29 of filing documents in any case before any court in the 30 county participating in the coordination plan. 31 (8) The coordinated or joint use of alternative dispute 32 resolution programs, such as arbitration. 33 (9) The unification of the trial courts within a county 34 to the maximum extent permitted by the Constitution. 35 (10) The development and use of joint automated 36 accounting and case-processing systems. 37 (b) Commencing in the 1998–99 fiscal year and each 38 fiscal year thereafter, the Judicial Council shall reduce 39 the amount allocated pursuant to subdivision (a) to the 40 trial courts in a county with a population of less than

94 —43— AB 233 1 70,000, as of January 1, 1996, by an amount equal to the 2 amount the county is required to remit to the state 3 pursuant to paragraph (1) of subdivision (b) of Section 4 77201, if the courts of the county do not have a 5 coordination plan that has been approved by the Judicial 6 Council pursuant to Section 68112 and in full operation by 7 July 1, 1998. 8 (c) The Judicial Council shall promulgate rules 9 governing practices and procedures for budgeting in the 10 trial courts in a manner that best ensures the ability of the 11 courts to carry out their functions. 12 77203. In addition to the benefits provided by the 13 Board of Administration of the Public Retirement System 14 pursuant to Section 22754, and notwithstanding any other 15 provision of law, the Judicial Council may provide for 16 benefits for justices of the Supreme Court, justices of the 17 courts of appeal, judges and subordinate judicial officers 18 of the trial courts and executives of the judicial branch. 19 However, the benefits provided pursuant to this 20 authority shall be provided from the approved budget of 21 the judicial branch. For purposes of this section benefits 22 include, but are not limited to, health and dental care, 23 vision care, travel reimbursement, automobile allowance, 24 and education allowance. Notwithstanding any other 25 provision of law, no judge shall be eligible for any benefits 26 provided by this section if the judge is receiving any 27 direct or indirect benefit from a county or city and county 28 that would be supplemented by this section. 29 77204. 30 77203. The Judicial Council may authorize a trial 31 court to carry unexpended funds over from one fiscal year 32 to the next, provided that the court carrying over the 33 funds has fully implemented all provisions of Rule 991 of 34 the California Rules of Court as it read on July 1, 1996, 35 regarding trial court coordination. 36 77204.5. 37 77204. (a) The Judicial Council shall have the 38 authority to allocate funds appropriated annually to the 39 State Trial Court Trust Fund for the purpose of paying 40 legal costs resulting from lawsuits or claims arising out of

94 AB 233 — 44 — 1 the actions or conduct of a trial court, trial court bench 2 officer, or trial court employee, and for which the state is 3 named as a defendant or alleged to be the responsible 4 party. 5 (b) For the purposes of this section, legal costs are 6 further defined to be (1) the state’s portion of any 7 agreement, settlement decree, stipulation, or stipulated 8 judgment in an action involving a trial court bench officer 9 or employee, or challenging a California rule of court, 10 form, local trial court rule or policy; (2) the state’s portion 11 of any judgment in an action involving a trial court bench 12 officer or employee, or challenging a California rule of 13 court, form, local trial court rule or policy; or (3) the 14 state’s portion of any attorneys’ fees, legal assistant fees, 15 and any litigation costs and expenses, including, but not 16 limited to, experts’ fees, incurred in an action involving 17 a trial court bench officer or employee, or challenging a 18 California rule of court, form, local trial court rule or 19 policy. 20 77205. (a) Notwithstanding any other provision of 21 law, in any year in which a county collects and remits fine 22 and forfeiture revenue pursuant to Sections 1463.001, 23 1463.07, and 1464 of the Penal Code and Sections 42007, 24 42007.1, and 42008 of the Vehicle Code, and Sections 27361 25 and 76000 of the Government Code that exceeds the 26 amount specified in paragraph (2) of subdivision (b) of 27 Section 77201, the excess amount shall be divided 28 between the county or city and county and the state, with 29 50 percent of the excess transferred to the state for 30 deposit in the Trial Court Improvement Fund and 50 31 percent of the excess being deposited into the county 32 general fund. For the purpose of this subdivision, fine and 33 forfeiture revenue shall not include revenue from 34 penalty assessments. 35 (b) Any amounts required to be distributed to the 36 state pursuant to subdivision (a) shall be remitted to the 37 Controller no later than 45 days after the end of the fiscal 38 year in which those fines and forfeitures were collected. 39 This remittance shall be accompanied by a remittance 40 advice identifying the quarter of collection and stating

94 —45— AB 233 1 that the amount should be deposited in the Trial Court 2 Improvement Fund. 3 (c) Subject to subdivisions (a) and (b), moneys in the 4 Trial Court Improvement Fund shall be subject to 5 expenditure pursuant to Section 77213. 6 77206. (a) The Judicial Council shall adopt 7 appropriate rules for budget submission, budget 8 management, and reporting of revenues and 9 expenditures by each court. The Controller, in 10 consultation with the Judicial Council, shall maintain 11 appropriate regulations for recordkeeping and 12 accounting by the courts, in order to determine all 13 moneys collected by the courts, including filing fees, 14 fines, forfeitures, and penalties, and all revenues and 15 expenditures relating to court operations. 16 (b) Regulations, rules, and reporting requirements 17 adopted pursuant to this chapter shall be exempt from 18 review and approval or other processing by the Office of 19 Administrative Law as provided for in Chapter 3.5 20 (commencing with Section 11340) of Part 1 of Division 3 21 of Title 2. 22 (c) The Controller, at the request of the Legislature or 23 the Judicial Council, may perform and publish financial 24 and fiscal compliance audits of the reports of court 25 revenues and expenditures. The Controller shall report 26 the results of these audits to the Legislature. 27 (d) The Judicial Council shall provide for the 28 transmission of summary information concerning court 29 revenues and expenditures to the Controller. 30 77207. The Legislature shall appropriate trial court 31 funding. The Controller shall apportion trial court 32 funding payments to the courts pursuant to an allocation 33 schedule adopted by the Judicial Council in four 34 quarterly installments. Beginning in the 1997–98 fiscal 35 year, the Controller shall make quarterly apportionment 36 payments on July 1, October 1, January 1, and April 1, 37 provided, that if the operative date of this section is less 38 than 10 days prior to July 1, 1997, or thereafter, the 39 Controller shall make the first quarterly apportionment 40 payment within 10 days of the operative date of this

94 AB 233 — 46 — 1 section. In subsequent fiscal years, payments shall be due 2 on July 1, October 1, January 1, and April 1. 3 77208. Amounts appropriated in the annual Budget 4 Act for assigned judges shall be transferred to the Judicial 5 Council on a monthly basis. The Judicial Council shall 6 certify the amount expended for judicial assignment 7 purposes monthly, and the Controller shall transfer to the 8 Judicial Council the amount certified. The amounts so 9 transferred by the Controller shall be credited to the 10 appropriation available to the Judicial Council in 11 augmentation of the Budget Act. 12 77209. (a) There is in the State Treasury the Trial 13 Court Improvement Fund. 14 (b) The Judicial Council shall reserve funds for the 15 following projects by allocating 1 percent of the annual 16 appropriation for the trial courts to the Trial Court 17 Improvement Fund as follows: 18 (1) At least one-half of 1 percent of the total 19 appropriation for trial court operations shall be set aside 20 as a reserve which shall not be allocated prior to March 21 15 of each year unless allocated to a court or courts for 22 urgent needs. 23 (2) Up to one-quarter of 1 percent of the total 24 appropriation for trial court operations may be allocated 25 from the fund to courts which have fully implemented 26 the requirements of Rule 991 of the California Rules of 27 Court, as it read on July 1, 1996, and which meet additional 28 criteria as may be established by the Judicial Council. 29 (3) Up to one-quarter of 1 percent of the total 30 appropriation for trial court operations may be allocated 31 from the fund for statewide projects or programs for the 32 benefit of the trial courts. 33 (c) Except as specified in this section, the funds in the 34 Trial Court Improvement Fund shall be subject to 35 expenditure as specified in Sections 77205 and 77213. Any 36 funds in the Trial Court Improvement Fund that are 37 unencumbered at the end of the fiscal year shall be 38 reappropriated to the Trial Court Improvement Fund for 39 the following fiscal year.

94 —47— AB 233 1 (d) Moneys deposited in the Trial Court 2 Improvement Fund shall be placed in an interest bearing 3 account. Any interest earned shall accrue to the fund and 4 shall be disbursed pursuant to subdivision (e). 5 (e) Moneys deposited in the Trial Court Improvement 6 Fund may be disbursed for purposes of this section. 7 (f) Moneys deposited in the Trial Court Improvement 8 Fund pursuant to Section 68090.8 shall be allocated by the 9 Judicial Council for automated recordkeeping system 10 improvements pursuant to that section and in 11 furtherance of Rule 991 of the California Rules of Court, 12 as it read on July 1, 1996. 13 (g) Moneys deposited in the Trial Court Improvement 14 Fund shall be administered by the Judicial Council. The 15 Judicial Council may, with appropriate guidelines, 16 delegate to the Administrative Office of the Courts the 17 administration of the fund. Moneys in the fund may be 18 expended to implement trial court projects approved by 19 the Judicial Council. Expenditures may be made to 20 vendors or individual trial courts that have the 21 responsibility to implement approved projects. 22 (h) Notwithstanding other provisions of this section, 23 the 2 percent automation fund moneys deposited in the 24 Trial Court Improvement Fund pursuant to Section 25 68090.8 shall be allocated by the Judicial Council to 26 individual courts of the counties for deposit in the Trial 27 Court Operations Fund of the county from which the 28 money was collected in an amount not less than the 29 revenues collected in the local 2 percent automation 30 funds in fiscal year 1994–95. The Judicial Council shall 31 allocate the remainder of the moneys deposited in the 32 Trial Court Improvement Fund as specified in this 33 section. 34 For the purposes of this subdivision, the term ‘‘2 35 percent automation fund’’ means the fund established 36 pursuant to Section 68090.8 as it read on June 30, 1996. 37 (i) The Judicial Council shall present an annual report 38 to the Legislature on the use of the Trial Court 39 Improvement Fund. The report shall include appropriate 40 recommendations.

94 AB 233 — 48 — 1 77210. (a) The state shall provide municipal court 2 judges retired under the Judges’ Retirement System with 3 retiree health, dental, and vision care plans equal to and 4 in the same manner as the health, dental, and vision 5 benefits provided to retired superior court judges. 6 (b) No judge shall have any salary or benefits reduced 7 solely by reason of the enactment of this section. 8 77211. Any trial court may establish a ‘‘900’’ telephone 9 number or numbers for traffic, misdemeanor, and other 10 telephonic arraignment, for court scheduling, and for 11 rendering tentative civil decisions, provided the court 12 provides an alternative method of obtaining the service 13 or information in a free and timely manner, and informs 14 individuals of this alternative in the message preceding 15 the ‘‘900’’ information. The proceeds from these ‘‘900’’ 16 telephone numbers shall be continuously and solely 17 appropriated to the use of that court for staff, information, 18 and data-processing services for the purposes specified in 19 this section. 20 77212. (a) The State of California, the Counties of 21 California, and the Trial Courts of California, recognize 22 that a unique and interdependent relationship has 23 evolved between the courts and the counties over a 24 sustained period of time. While it is the intent of this act 25 to transfer all fiscal responsibility for the support of the 26 trial courts from the counties to the State of California, it 27 is imperative that the activities of the state, the counties, 28 and the trial courts be maintained in a manner that 29 ensures that services to the people of California not be 30 disrupted. Therefore, to this end, during the 1997–98 31 fiscal year, commencing on July 1, 1997, counties shall 32 continue to provide and courts shall continue to use, 33 county services provided to the trial courts on July 1, 1997, 34 including, but not limited to: auditor/controller services, 35 coordination of telephone services, data-processing and 36 information technology services, procurement, human 37 resources services, affirmative action services, 38 treasurer/tax collector services, county counsel services, 39 facilities management, and legal representation. These 40 services shall be provided to the court at a rate that shall

94 —49— AB 233 1 not exceed the costs of providing similar services to 2 county departments or special districts. If the cost was not 3 included in the county base pursuant to paragraph (1) of 4 subdivision (b) of Section 77201 or was not otherwise 5 charged to the court prior to July 1, 1997, and were court 6 operation costs as defined in Section 77003 in the fiscal 7 year 1994–95, the court may seek adjustment of the 8 amount the county is required to submit to the state 9 pursuant to paragraph (2) of subdivision (c) of Section 10 77201. 11 (b) In fiscal year 1998–99 commencing on July 1, 1998, 12 and thereafter the county may give notice to the court 13 that the county will no longer provide a specific service 14 except that the county shall cooperate with the court to 15 ensure that a vital service for the court shall be available 16 from the county or other entities that provide such 17 services. The notice must be given at least 90 days prior 18 to the end of the fiscal year and shall be effective only 19 upon the first day of the succeeding fiscal year. 20 (c) In fiscal year 1998–99, commencing on July 1, 1998, 21 and thereafter, the court may give notice to the county 22 that the court will no longer use a specific county service. 23 The notice shall be given at least 90 days prior to the end 24 of the fiscal year and shall be effective only upon the first 25 day of the succeeding fiscal year. However, for three 26 years from the effective date of this section, a court shall 27 not terminate a service that involved the acquisition of 28 equipment, including, but not limited to, computer and 29 data-processing systems financed by a long-term 30 financing plan whereby the county is dependent upon 31 the court’s continued financial support for a portion of the 32 cost of the acquisition. 33 77213. (a) The Judicial Council is hereby authorized 34 to expend from the Trial Court Improvement Fund or 35 any other funds available for allocation up to eighteen 36 million dollars ($18,000,000) in the 1997–98 fiscal year, up 37 to thirteen million five hundred thousand dollars 38 ($13,500,000) in the 1998–99 fiscal year, and up to nine 39 million dollars ($9,000,000) in the 1999–2000 fiscal year to 40 reimburse counties as specified in this section.

94 AB 233 — 50 — 1 (b) On or before March 1, 1998, the Department of 2 Finance, in consultation with the Judicial Council and the 3 California State Association of Counties, shall calculate all 4 of the following: 5 (1) The total cost of trial court operations, as defined 6 in Rule 810 of the California Rules of Court, for each 7 county for the 1997–98 fiscal year, other than a county 8 subject to subdivision (i) of Section 77201. 9 (2) A percentage which represents each county’s 10 share, other than a county subject to subdivision (i) of 11 Section 77201, for the 1993–94 fiscal year, the 1994–95 12 fiscal year, and the 1995–96 fiscal year of the total cost of 13 trial court operations, as defined pursuant to Rule 810 of 14 the California Rules of Court applicable to that fiscal year. 15 (3) The average of those percentages for each such 16 county over that three-fiscal-year period. 17 (4) A dollar amount for each of those counties to be 18 determined by multiplying the average percentage for 19 each such county determined pursuant to paragraph (3) 20 times the dollar amount for that county calculated 21 pursuant to paragraph (1). 22 (5) The net dollar amount for each such county 23 calculated by subtracting the dollar amount determined 24 pursuant to paragraphs (1) to (4), inclusive, from the 25 dollar amount for that county specified in paragraph (1) 26 of subdivision (b) of Section 77201 as adjusted pursuant 27 to subdivision (c) of Section 77201. 28 (c) If the net dollar amount calculated pursuant to 29 subdivision (b) is a positive number, the county may bill 30 the Judicial Council pursuant to subdivision (d). 31 (d) The Judicial Council shall pay a county authorized 32 pursuant to subdivision (c) for the cost of trial court 33 facility maintenance allowed under Rule 810 of the 34 California Rules of Court during the 1994–95 fiscal year 35 but not during the 1995–96 fiscal year as a result of 36 changes to the definition of trial court operations set forth 37 in Rule 810, as follows: 38 (1) One hundred percent of that amount in the 39 1997–98 fiscal year.

94 —51— AB 233 1 (2) Sixty-six and six-tenths percent of that amount in 2 the 1998–99 fiscal year. 3 (3) Thirty-three and three-tenths percent of that 4 amount in the 1999–2000 fiscal year. 5 (4) However, in no instance shall the payment exceed 6 the net dollar amount calculated pursuant to subdivision 7 (b). 8 (5) Moreover, if the total of all payments authorized in 9 a fiscal year exceeds the limit specified in subdivision (a), 10 the payment to each county for that fiscal year shall be 11 reduced pro rata in order not to exceed that limit. 12 SEC. 48. 13 SEC. 47. Article 4 (commencing with Section 77300) 14 of Chapter 13 of Title 8 of the Government Code is 15 repealed. 16 SEC. 49. 17 SEC. 48. Chapter 14 (commencing with Section 18 77600) is added to Title 8 of the Government Code, to 19 read: 20 21 CHAPTER 14. TRIAL COURT FUNDING AND IMPROVEMENT 22 ACT OF 1997 23 24 Article 1. The Task Force on Trial Court Employees 25 26 77600. The Task Force on Trial Court Employees shall 27 be established pursuant to this article on or before 28 January 1, 1998, and is charged with recommending an 29 appropriate system of employment and governance for 30 trial court employees. 31 77601. The task force shall be comprised of the 32 following members: 33 (a) Four representatives of trial courts, appointed by 34 the Chief Justice, representing two urban, one suburban, 35 and one rural courts. 36 (b) Four representatives of counties, appointed by the 37 Governor from a list of nominees submitted by the 38 California State Association of Counties, representing 39 urban, suburban, and rural counties.

94 AB 233 — 52 — 1 (c) Three representatives appointed by the Senate 2 Rules Committee, at least two of whom shall represent 3 trial court employee organizations. 4 (d) Three representatives appointed by the Speaker 5 of the Assembly, at least two of whom shall represent trial 6 court employee organizations. 7 (e) The Director of the Department of Personnel 8 Administration or his or her representative. 9 (f) The Chief Executive Officer of PERS or his or her 10 representative. 11 (g) The Director of Finance or his or her 12 representative. 13 (h) The Chief Justice shall designate a justice of the 14 court of appeal as nonvoting chairperson. 15 77602. The Judicial Council shall provide staff support 16 for the task force and shall develop guidelines for 17 procedures and practices for the task force, which shall 18 include input from and approval of the task force. The 19 Department of Personnel Administration, the 20 Department of Finance, and the Legislative Analyst shall 21 provide additional support, at the request of the Judicial 22 Council. The California State Association of Counties is 23 encouraged to provide additional staff support. 24 77603. The duties of the task force shall include, but 25 not be limited to, the following: 26 (a) Complete a survey of all trial courts regarding 27 court employee status, classification, and salary. 28 (b) Document the local retirement systems in which 29 trial court employees are members and the terms of the 30 systems, and identify future retirement options. 31 (c) Determine the costs associated with a change in 32 retirement benefits for court employees, including the 33 cost to counties resulting from such change, including, 34 but not limited to, the impact of such a change on pension 35 obligation bonds, unfunded liabilities, and changes in 36 actuarial assumptions. 37 (d) Document existing contractual agreements and 38 the terms and conditions of employment, and document 39 exclusive bargaining agents representing court 40 employees by court, county, and unit.

94 —53— AB 233 1 (e) Document existing constitutional, statutory, and 2 other provisions relating to classification, compensation, 3 and benefits of court employees. 4 (f) Identify functions relating to trial courts that are 5 provided by county employees. 6 (g) Examine and outline issues relating to the 7 establishment of a local personnel structure for trial court 8 employees under (1) court employment, (2) county 9 employment, with the concurrence of the county and the 10 courts in the county (3) state employment with the 11 concurrence of the state and the courts in the county, or 12 (4) other options identified by the task force. The task 13 force, in recommending options for employee status, shall 14 consider the complexity of the interests of employees and 15 various governmental entities. Their recommendations 16 shall, to the greatest extent possible, recognize the need 17 for achieving the concurrence of the affected parties. 18 In outlining these issues, consideration shall be given to 19 contractual obligations, minimizing disruption of the trial 20 court work force, and protecting the rights accrued by 21 employees under their current systems. 22 (h) Prepare a method for submitting the issue of 23 employment status to an advisory vote of trial court 24 employees in each county. 25 (i) Recommend a personnel structure for trial court 26 employees. 27 77604. (a) The task force shall be appointed by 28 October 1, 1997. 29 (b) The task force shall meet and establish its 30 operating procedures on or before January 1, 1998. 31 (c) The task force shall submit an interim report to the 32 Judicial Council, the Legislature, and the Governor on or 33 before January 30, 1999. The report shall include the 34 findings and recommendations of the task force with 35 respect to the issues listed in Section 77603. The report 36 shall be circulated for comment to the counties, judiciary, 37 the Legislature, the Governor, and local and state 38 employee organizations. 39 (d) The task force shall submit a final report to the 40 above on or before June 1, 1999.

94 AB 233 — 54 — 1 77605. (a) After giving consideration and due weight 2 to the report of the task force, on or before January 1, 2000, 3 the Judicial Council shall submit findings and 4 recommendations to the Legislature relative to the 5 establishment of a system of uniform court employee 6 classifications, which may provide for local flexibility. 7 These classifications shall include duty statements, 8 minimum qualifications, and salary ranges. The 9 classifications shall be broad enough so that the 10 employees and their managers have maximum flexibility 11 to accommodate the needs of the courts and the 12 employees. 13 (b) It is the intent of the Legislature to enact a 14 personnel system, that shall take effect on or before 15 January 1, 2001, for employment of trial court employees. 16 The personnel system shall have uniform statewide 17 applicability and promote organizational and operational 18 flexibility in accordance with Section 77001. 19 (c) Nothing herein is intended to prejudge or compel 20 a finding by the task force that court or county or state 21 employment is preferred. 22 (d) No provision of this article is intended to reduce 23 judicial or court employee salary or benefits. 24 (e) No provision of this act shall be deemed to affect 25 the current employment status of, or reduce benefits for, 26 any peace officer involved in court operations. 27 77606. The recommendations of the task force shall 28 take effect only upon subsequent action of the 29 Legislature. 30 31 Article 2. The Task Force on Court Facilities 32 33 77650. The Task Force on Court Facilities is hereby 34 established in state government and charged with 35 identifying the needs related to trial and appellate court 36 facilities, and options and recommendations for funding 37 court facility maintenance, improvements, and 38 expansion, including the specific responsibilities of each 39 entity of government.

94 —55— AB 233 1 77651. The task force shall be composed of 18 2 members, appointed as follows: 3 (a) Six members appointed by the Chief Justice who 4 shall be from urban, suburban, and rural courts. Four 5 representatives may be either trial court judges or trial 6 court administrators. One representative shall be a justice 7 of the courts of appeal. 8 (b) Six members appointed by the Governor from a 9 list of nominees submitted by the California State 10 Association of Counties, who represent urban, suburban, 11 and rural counties. Four representatives may be either 12 county supervisors or county administrators. One 13 representative shall be a person with court security 14 responsibility. 15 (c) Two members appointed by the Senate Rules 16 Committee, one of whom shall represent the State Bar or 17 an associated attorney organization, neither of whom 18 would be eligible for appointment under subdivision (a) 19 or (b). 20 (d) Two members appointed by the Speaker of the 21 Assembly, one of whom shall represent the State Bar or 22 an associated attorney organization, neither of whom 23 would be eligible for appointment under subdivision (a) 24 or (b). 25 (e) The Director of General Services and the Director 26 of Finance. 27 (f) The Chief Justice shall designate one of these 28 representatives as the chairperson of the task force. 29 77652. The Judicial Council shall provide staff support 30 for the task force and shall develop guidelines for 31 procedures and practices for the task force. The 32 Department of General Services, the Department of 33 Finance, and the Legislative Analyst shall provide 34 additional support, at the request of the Judicial Council. 35 The California State Association of Counties is 36 encouraged to provide additional staff support. 37 77653. The duties of the task force shall include all of 38 the following: 39 (a) Document the state of existing court facilities.

94 AB 233 — 56 — 1 (b) Document the need for new or modified court 2 facilities and the extent to which current court facilities 3 are fully utilized. 4 (c) Document the funding mechanisms currently 5 available for maintenance, operation, construction, and 6 renovation of court facilities. 7 (d) Examine existing standards for court facility 8 construction. 9 (e) Document the impacts of state actions on court 10 facilities and other state and local justice system facilities. 11 (f) Review and recommend operational changes 12 which may mitigate the need for additional court 13 facilities, including the implementation of methods to 14 more fully utilize existing facilities. 15 (g) Review and provide recommendations on 16 concepts regarding security; operational flexibility; 17 alternative dispute resolution; meeting space; special 18 needs of children, families, victims, and disabled persons; 19 technology; the dignity of the participants; and any other 20 special needs of court facilities. 21 (h) Recommend specific funding responsibilities 22 among the various entities of government for support of 23 trial court facilities and facility maintenance including, 24 but not limited to, full state responsibility or continued 25 county responsibility. 26 (i) Recommend funding sources and financing 27 mechanisms for support of court facilities and facility 28 maintenance. 29 77654. (a) The task force shall be appointed on or 30 before October 1, 1997. 31 (b) The task force shall meet and establish its 32 operating procedures on or before January 1, 1998. 33 (c) The task force shall review all available court 34 facility standards and make preliminary determinations 35 of acceptable standards for construction, renovation, and 36 remodeling of court facilities on or before July 1, 1998. 37 (d) The task force shall complete a survey of all trial 38 and appellate court facilities in the state and report its 39 findings to the Judicial Council, the Legislature, and the

94 —57— AB 233 1 Governor in a first interim report on or before July 1, 1999. 2 The report shall document all of the following: 3 (1) The state of existing court facilities. 4 (2) The need for new or modified court facilities. 5 (3) The currently available funding options for 6 constructing or renovating court facilities, and the task 7 force plan for the succeeding year. 8 (e) The task force shall submit a second interim report 9 to the Judicial Council, the Legislature, and the Governor 10 on or before July 1, 2000. The report shall document all of 11 the following: 12 (1) The impact which creating additional judgeships 13 has upon court facility and other justice system facility 14 needs. 15 (2) The effects which trial court coordination and 16 consolidation have upon court and justice system facilities 17 needs. 18 (3) Administrative and operational changes which can 19 reduce or mitigate the need for added court or justice 20 system facilities. 21 (f) The task force shall submit a third interim report 22 to the Judicial Council, the Legislature, and the Governor 23 on or before January 1, 2001. The report shall include all 24 of the following: 25 (1) Recommendations for specific funding 26 responsibilities among the entities of government 27 including full state responsibility, full county 28 responsibility, or shared responsibility. 29 (2) A proposed transition plan if responsibility is to be 30 changed. 31 (3) Recommendations regarding funding sources for 32 court facilities and funding mechanisms to support court 33 facilities. 34 (g) All interim reports shall be circulated for comment 35 to the counties, the judiciary, the Legislature, and the 36 Governor. The task force may also circulate these reports 37 to users of the court facilities. 38 (h) The task force shall submit a final report to the 39 Judicial Council, the Legislature, and the Governor on or 40 before July 1, 2001. The report shall include all elements

94 AB 233 — 58 — 1 of the interim reports incorporating any changes 2 recommended by the task force in response to comments 3 received. 4 (i) Notwithstanding any other provision of law, during 5 the period from July 1, 1997 to June 30, 2001, the board of 6 supervisors of each county shall be responsible for 7 providing suitable and necessary facilities for judicial 8 officers and court support staff for judicial positions 9 created prior to January 1, 1996, to the extent required by 10 Section 68073. The board of supervisors of each county 11 shall also be responsible for providing suitable and 12 necessary facilities for judicial officers and court support 13 staff for judgeships authorized by statutes chaptered in 14 1996 to the extent required by Section 68073, provided 15 that the board of supervisors agrees that new facilities are 16 either not required or that the county is willing to provide 17 funding for court facilities. Unless a court and a county 18 otherwise mutually agree, the state shall assume 19 responsibility for suitable and necessary facilities for 20 judicial officers and support staff for any judgeships 21 authorized during the period from January 1, 1998, to 22 June 30, 2001. 23 77655. Notwithstanding any other provision of law, 24 including Section 68073, the findings of the task force shall 25 not be considered or entered into evidence in any action 26 brought by trial courts to compel a county to provide 27 facilities that the trial court contends are necessary and 28 suitable. 29 SEC. 50. 30 SEC. 49. Section 1463.001 of the Penal Code is 31 amended to read: 32 1463.001. Except as otherwise provided in this 33 section, all fines and forfeitures imposed and collected for 34 crimes other than parking offenses resulting from a filing 35 in a court shall as soon as practicable after receipt thereof, 36 be deposited with the county treasurer, and each month 37 the total fines and forfeitures which have accumulated 38 within the past month shall be distributed, as follows:

94 —59— AB 233 1 (a) The state penalties, county penalties, special 2 penalties, service charges, and penalty allocations shall be 3 transferred to the proper funds as required by law. 4 (b) The base fines shall be distributed, as follows: 5 (1) Any base fines which are subject to specific 6 distribution under any other section shall be distributed 7 to the specified funds of the state or local agency. 8 (2) Base fines resulting from county arrest not 9 included in paragraph (1), shall be transferred into the 10 proper funds of the county. 11 In any fiscal year that a county, which has an agreement 12 that was in effect as of March 22, 1977, that provides for 13 city fines and forfeitures to accrue to the county in 14 exchange for sales tax receipts, does not remit to the 15 General Fund an amount equal to the amount 16 transmitted during the 1993–94 fiscal year, that county 17 shall make a payment from county funds equal to the 18 difference to the General Fund by October 1 of the 19 subsequent fiscal year. 20 (3) Base fines resulting from city arrests not included 21 in paragraph (1), an amount equal to the applicable 22 county percentages set forth in Section 1463.002, as 23 modified by Section 1463.28, shall be transferred into the 24 proper funds of the county. The remainder of base fines 25 resulting from city arrests shall be divided between each 26 city and county, with 50 percent deposited to the county’s 27 general fund, and 50 percent deposited to the treasury of 28 the appropriate city. 29 (4) In a county that had an agreement as of March 22, 30 1977, that provides for city fines and forfeitures to accrue 31 to the county in exchange for sales tax receipts, of base 32 fines resulting from city arrests not included in paragraph 33 (1), 50 percent shall be deposited to the General Fund, 34 and 50 percent shall be deposited into the proper funds 35 of the county. 36 (c) Each county shall keep a record of its deposits to 37 its treasury and its transmittal to each city treasury 38 pursuant to this section. 39 (d) The distribution specified in subdivision (b) 40 applies to all funds subject thereto distributed on or after

94 AB 233 — 60 — 1 July 1, 1992, regardless of whether the court has elected 2 to allocate and distribute funds pursuant to Section 3 1464.8. 4 (e) Any amounts remitted to the county from amounts 5 collected by the Franchise Tax Board upon referral by a 6 county pursuant to Article 6 (commencing with Section 7 19280) of Chapter 5 of Part 10.2 of Division 2 of the 8 Revenue and Taxation Code shall be allocated pursuant 9 to this section. 10 SEC. 51. 11 SEC. 50. Section 1463.003 of the Penal Code is 12 repealed. 13 SEC. 52. 14 SEC. 51. Section 1463.005 of the Penal Code is 15 amended to read: 16 1463.005. Notwithstanding Section 1463.001, in a 17 county subject to Section 77202.5 of the Government 18 Code, of base fines resulting from arrests not subject to 19 allocation under paragraph (1) of subdivision (b) of 20 Section 1463.001, by a California Highway Patrol Officer 21 on state highways constructed as freeways within the city 22 whereon city police officers enforced the provisions of 23 the Vehicle Code on April 1, 1965, 25 percent shall be 24 deposited in the treasury of the appropriate city, 75 25 percent shall be deposited in the proper funds of the 26 county. 27 SEC. 53. 28 SEC. 52. Section 1463.007 of the Penal Code is 29 amended to read: 30 1463.007. Notwithstanding any other provision of law, 31 any county or court that implements or has implemented 32 a comprehensive program to identify and collect fines 33 and forfeitures which have not been paid after 60 days 34 from the date on which they were due and payable, with 35 or without warrant having been issued against the alleged 36 violator, and for which the base fine excluding state and 37 county penalties is at least one hundred dollars ($100), 38 may deduct and deposit in the county treasury the cost of 39 operating that program, excluding capital expenditures, 40 from any revenues collected thereby prior to making any

94 —61— AB 233 1 distribution of revenues to other governmental entities 2 required by any other provision of law. This section does 3 not apply to a defendant who is paying a fine or forfeiture 4 through time payments, unless he or she is delinquent in 5 making payments according to the agreed-upon payment 6 schedule. For purposes of this section, a comprehensive 7 collection program is a separate and distinct revenue 8 collection activity and shall include at least 10 of the 9 following components: 10 (a) Monthly bill statements to all debtors. 11 (b) Telephone contact with delinquent debtors to 12 apprise them of their failure to meet payment obligations. 13 (c) Issuance of warning letters to advise delinquent 14 debtors of an outstanding obligation. 15 (d) Requests for credit reports to assist in locating 16 delinquent debtors. 17 (e) Access to Employment Development 18 Department employment and wage information. 19 (f) The generation of monthly delinquent reports. 20 (g) Participation in the Franchise Tax Board’s tax 21 intercept program. 22 (h) The use of Department of Motor Vehicle 23 information to locate delinquent debtors. 24 (i) The use of wage and bank account garnishments. 25 (j) The imposition of liens on real property and 26 proceeds from the sale of real property held by a title 27 company. 28 (k) The filing of objections to the inclusion of 29 outstanding fines and forfeitures in bankruptcy 30 proceedings. 31 (l) Coordination with the probation department to 32 locate debtors who may be on formal or informal 33 probation. 34 (m) The initiation of drivers’ license suspension 35 actions where appropriate. 36 (n) The capability to accept credit card payments. 37 SEC. 54. 38 SEC. 53. Section 1463.009 of the Penal Code is 39 amended to read:

94 AB 233 — 62 — 1 1463.009. Notwithstanding Section 1463, all bail 2 forfeitures that are collected from any source in a case in 3 which a defendant is charged and convicted of a violation 4 of Section 261, 264.1, 286, 288, 288a, 288.5, or 289, or of a 5 violent felony as defined in subdivision (c) of Section 6 667.5 or a serious felony as defined in subdivision (c) of 7 Section 1192.7, and that are required to be deposited with 8 the county treasurer shall be allocated according to the 9 following priority: 10 (a) The county shall be reimbursed for reasonable 11 administrative costs for the collection of the forfeited 12 property, the maintenance and preservation of the 13 property, and the distribution of the property pursuant to 14 this section. 15 (b) Out of the remainder of the forfeited bail money, 16 a total of up to 50 percent shall be distributed in the 17 amount necessary to satisfy any civil court judgment in 18 favor of a victim as a result of the offense or a restitution 19 order due to a criminal conviction to a victim who was 20 under 18 years of age at the time of the commission of the 21 offense if the defendant is convicted under Section 261, 22 264.1, 286, 288, 288a, 288.5, or 289, and to a victim of any 23 age if the defendant has been convicted of a violent 24 felony as defined in subdivision (c) of Section 667.5 or a 25 serious felony as defined in subdivision (c) of Section 26 1192.7. 27 (c) The balance of the amount collected shall be 28 deposited pursuant to Section 1463. 29 SEC. 55. 30 SEC. 54. Section 1463.010 is added to the Penal Code, 31 to read: 32 1463.010. The enforcement of court orders is 33 recognized as an important element of collections efforts. 34 Therefore, the courts and counties shall maintain the 35 collection program which was in place on January 1, 1996, 36 unless otherwise agreed to by the court and county. The 37 program may wholly or partially be staffed and operated 38 within the court itself, may be wholly or partially staffed 39 and operated by the county, or may be wholly or partially 40 contracted with a third party.

94 —63— AB 233 1 SEC. 56. 2 SEC. 55. Section 1463.01 of the Penal Code is 3 repealed. 4 SEC. 57. 5 SEC. 56. Section 1463.07 is added to the Penal Code, 6 to read: 7 1463.07. An administrative screening fee of 8 twenty-five dollars ($25) shall be collected from each 9 person arrested and released on his or her own 10 recognizance upon conviction of any criminal offense 11 related to the arrest other than an infraction. A citation 12 processing fee in the amount of ten dollars ($10) shall be 13 collected from each person cited and released by any 14 peace officer in the field or at a jail facility upon 15 conviction of any criminal offense, other than an 16 infraction, related to the criminal offense cited in the 17 notice to appear. However, the court may determine a 18 lesser fee than otherwise provided in this subdivision 19 upon a showing that the defendant is unable to pay the 20 full amount. All fees collected pursuant to this subdivision 21 shall be deposited by the county auditor in the general 22 fund of the county. This subdivision applies only to 23 convictions occurring on or after the effective date of the 24 act adding this subdivision. 25 SEC. 58. 26 SEC. 57. Section 1464 of the Penal Code is amended 27 to read: 28 1464. (a) Subject to Chapter 12 (commencing with 29 Section 76000) of Title 8 of the Government Code, there 30 shall be levied a state penalty, in an amount equal to ten 31 dollars ($10) for every ten dollars ($10) or fraction 32 thereof, upon every fine, penalty, or forfeiture imposed 33 and collected by the courts for criminal offenses, 34 including all offenses, except parking offenses as defined 35 in subdivision (i) of Section 1463, involving a violation of 36 a section of the Vehicle Code or any local ordinance 37 adopted pursuant to the Vehicle Code. Any bail schedule 38 adopted pursuant to Section 1269b may include the 39 necessary amount to pay the state penalties established 40 by this section and Chapter 12 (commencing with Section

94 AB 233 — 64 — 1 76000) of Title 8 of the Government Code for all matters 2 where a personal appearance is not mandatory and the 3 bail is posted primarily to guarantee payment of the fine. 4 (b) Where multiple offenses are involved, the state 5 penalty shall be based upon the total fine or bail for each 6 case. When a fine is suspended, in whole or in part, the 7 state penalty shall be reduced in proportion to the 8 suspension. 9 (c) When any deposited bail is made for an offense to 10 which this section applies, and for which a court 11 appearance is not mandatory, the person making the 12 deposit shall also deposit a sufficient amount to include 13 the state penalty prescribed by this section for forfeited 14 bail. If bail is returned, the state penalty paid thereon 15 pursuant to this section shall also be returned. 16 (d) In any case where a person convicted of any 17 offense, to which this section applies, is in prison until the 18 fine is satisfied, the judge may waive all or any part of the 19 state penalty, the payment of which would work a 20 hardship on the person convicted or his or her immediate 21 family. 22 (e) After a determination by the court of the amount 23 due, the clerk of the court shall collect the penalty and 24 transmit it to the county treasury. The portion thereof 25 attributable to Chapter 12 (commencing with Section 26 76000) of Title 8 of the Government Code shall be 27 deposited in the appropriate county fund and 70 percent 28 of the balance shall then be transmitted to the State 29 Treasury, to be deposited in the State Penalty Fund, 30 which is hereby created, and 30 percent to remain on 31 deposit in the county general fund. The transmission to 32 the State Treasury shall be carried out in the same 33 manner as fines collected for the state by a county. 34 (f) The moneys so deposited in the State Penalty Fund 35 shall be distributed as follows: 36 (1) Once a month there shall be transferred into the 37 Fish and Game Preservation Fund an amount equal to 38 0.33 percent of the state penalty funds deposited in the 39 State Penalty Fund during the preceding month, except 40 that the total amount shall not be less than the state

94 —65— AB 233 1 penalty levied on fines or forfeitures for violation of state 2 laws relating to the protection or propagation of fish and 3 game. These moneys shall be used for the education or 4 training of department employees which fulfills a need 5 consistent with the objectives of the Department of Fish 6 and Game. 7 (2) Once a month there shall be transferred into the 8 Restitution Fund an amount equal to 32.02 percent of the 9 state penalty funds deposited in the State Penalty Fund 10 during the preceding month. Those funds shall be made 11 available in accordance with Section 13967 of the 12 Government Code. 13 (3) Once a month there shall be transferred into the 14 Peace Officers’ Training Fund an amount equal to 23.99 15 percent of the state penalty funds deposited in the State 16 Penalty Fund during the preceding month. 17 (4) Once a month there shall be transferred into the 18 Driver Training Penalty Assessment Fund an amount 19 equal to 25.70 percent of the state penalty funds deposited 20 in the State Penalty Fund during the preceding month. 21 (5) Once a month there shall be transferred into the 22 Corrections Training Fund an amount equal to 7.88 23 percent of the state penalty funds deposited in the State 24 Penalty Fund during the preceding month. Money in the 25 Corrections Training Fund is not continuously 26 appropriated and shall be appropriated in the Budget 27 Act. 28 (6) Once a month there shall be transferred into the 29 Local Public Prosecutors and Public Defenders Training 30 Fund established pursuant to Section 11503 an amount 31 equal to 0.78 percent of the state penalty funds deposited 32 in the State Penalty Fund during the preceding month. 33 The amount so transferred shall not exceed the sum of 34 eight hundred fifty thousand dollars ($850,000) in any 35 fiscal year. The remainder in excess of eight hundred fifty 36 thousand dollars ($850,000) shall be transferred to the 37 Restitution Fund. 38 (7) Once a month there shall be transferred into the 39 Victim-Witness Assistance Fund an amount equal to 8.64

94 AB 233 — 66 — 1 percent of the state penalty funds deposited in the State 2 Penalty Fund during the preceding month. 3 (8) (A) Once a month there shall be transferred into 4 the Traumatic Brain Injury Fund, created pursuant to 5 Section 4358 of the Welfare and Institutions Code, an 6 amount equal to 0.66 percent of the state penalty funds 7 deposited into the State Penalty Fund during the 8 preceding month. However, the amount of funds 9 transferred into the Traumatic Brain Injury Fund for the 10 1996–97 fiscal year shall not exceed the amount of five 11 hundred thousand dollars ($500,000). Thereafter, funds 12 shall be transferred pursuant to the requirements of this 13 section. 14 (B) Any moneys deposited in the State Penalty Fund 15 attributable to the assessments made pursuant to 16 subdivision (i) of Section 27315 of the Vehicle Code on or 17 after the date that Chapter 6.6 (commencing with 18 Section 5564) of Part 1 of Division 5 of the Welfare and 19 Institutions Code is repealed shall be utilized in 20 accordance with paragraphs (1) to (8), inclusive, of this 21 subdivision. 22 SEC. 59. 23 SEC. 58. Section 11205.1 is added to the Vehicle Code, 24 to read: 25 11205.1. The fee authorized in subdivision (m) of 26 Section 11205 shall be applicable only in those instances 27 where a traffic violator has agreed to attend or has been 28 ordered to attend a traffic violator school pursuant to 29 Section 42005, a licensed driving school, or any other 30 court-approved program for driving instruction. 31 SEC. 60. 32 SEC. 59. Section 42007 of the Vehicle Code is 33 amended to read: 34 42007. (a) The clerk of the court shall collect a fee 35 from every person who is ordered or permitted to attend 36 a traffic violator school pursuant to Section 42005 or who 37 attends any other court-supervised program of traffic 38 safety instruction. The fee shall be in an amount equal to 39 the total bail set forth for the eligible offense on the 40 uniform countywide bail schedule. As used in this

94 —67— AB 233 1 subdivision, ‘‘total bail’’ means the amount established 2 pursuant to Section 1269b of the Penal Code in 3 accordance with the Uniform Statewide Bail Schedule 4 adopted by the Judicial Council, including all 5 assessments, surcharges, and penalty amounts. Where 6 multiple offenses are charged in a single notice to appear, 7 the ‘‘total bail’’ is the amount applicable for the greater 8 of the qualifying offenses. However, the court may 9 determine a lesser fee under this subdivision upon a 10 showing that the defendant is unable to pay the full 11 amount. 12 The fee shall not include the cost, or any part thereof, 13 of traffic safety instruction offered by the school or other 14 program. 15 (b) (1) Revenues derived from the fee collected 16 under this section shall be deposited in accordance with 17 Section 68084 of the Government Code in the general 18 fund of the county, provided that in any county in which 19 a fund is established pursuant to Section 76100 or 76101 of 20 the Government Code, the sum of one dollar ($1) for 21 each fund so established shall be deposited with the 22 county treasurer and placed in that fund. 23 (2) For fees resulting from city arrests, an amount 24 equal to the amount of base fines that would have been 25 deposited in the treasury of the appropriate city pursuant 26 to paragraph (3) of subdivision (b) of Section 1463.001 of 27 the Penal Code shall be deposited in the treasury of the 28 appropriate city. 29 (c) As used in this section, ‘‘court-supervised 30 program’’ includes, but is not limited to, any program of 31 traffic safety instruction the successful completion of 32 which is accepted by the court in lieu of adjudicating a 33 violation of this code. 34 (d) The Judicial Council shall study the minimum 35 eligibility criteria governing drivers seeking to attend 36 traffic violator’s school, and report to the Legislature on 37 the advisability of uniform statewide criteria on or before 38 January 1, 1993. 39 (e) The clerk of the court, in a county that offers traffic 40 school shall include in any courtesy notice mailed to a

94 AB 233 — 68 — 1 defendant for an offense that qualifies for traffic school 2 attendance the following statement: 3 NOTICE: If you are eligible and decide not to attend 4 traffic school your automobile insurance may be 5 adversely affected. 6 (f) Commencing with the 1999–2000 fiscal year, and 7 every fiscal year thereafter until this section is repealed, 8 if the Controller determines by January 1 that the 9 revenues deposited in the General Fund from fines and 10 forfeitures for the prior fiscal year do not exceed sixteen 11 million five hundred thousand dollars ($16,500,000), this 12 section shall be repealed on July 1 following that 13 determination. The Controller shall report in writing to 14 the Governor, the Legislature, the Judicial Council, and 15 county auditors by January 15 of each year, commencing 16 in 2000, as to whether or not this section is repealed 17 pursuant to its revenue requirements. 18 SEC. 61. 19 SEC. 60. Section 42007 is added to the Vehicle Code, 20 to read: 21 42007. (a) The clerk of the court shall collect a fee 22 from every person who is ordered or permitted to attend 23 a traffic violator school pursuant to Section 42005 or who 24 attends any other court-supervised program of traffic 25 safety instruction. The fee shall be in an amount equal to 26 the total bail set forth for the eligible offense on the 27 uniform countywide bail schedule. As used in this 28 subdivision, ‘‘total bail’’ means the amount established 29 pursuant to Section 1269b of the Penal Code in 30 accordance with the Uniform Statewide Bail Schedule 31 adopted by the Judicial Council, including all 32 assessments, surcharges, and penalty amounts. Where 33 multiple offenses are charged in a single notice to appear, 34 the ‘‘total bail’’ is the amount applicable for the greater 35 of the qualifying offenses. However, the court may 36 determine a lesser fee under this subdivision upon a 37 showing that the defendant is unable to pay the full 38 amount.

94 —69— AB 233 1 The fee shall not include the cost, or any part thereof, 2 of traffic safety instruction offered by the school or other 3 program. 4 (b) Revenues derived from the fee collected under 5 this section shall be deposited in accordance with Section 6 68084 of the Government Code in the general fund of the 7 county, provided that in any county in which a fund is 8 established pursuant to Section 76100 or 76101 of the 9 Government Code, the sum of one dollar ($1) for each 10 fund so established shall be deposited with the county 11 treasurer and placed in that fund. 12 (c) As used in this section, ‘‘court-supervised 13 program’’ includes, but is not limited to, any program of 14 traffic safety instruction the successful completion of 15 which is accepted by the court in lieu of adjudicating a 16 violation of this code. 17 (d) The Judicial Council shall study the minimum 18 eligibility criteria governing drivers seeking to attend 19 traffic violator’s school, and report to the Legislature on 20 the advisability of uniform statewide criteria on or before 21 January 1, 1993. 22 (e) The clerk of the court, in a county that offers traffic 23 school shall include in any courtesy notice mailed to a 24 defendant for an offense that qualifies for traffic school 25 attendance the following statement: 26 NOTICE: If you are eligible and decide not to attend 27 traffic school your automobile insurance may be 28 adversely affected. 29 (f) If commencing with the 1999–2000 fiscal year, or 30 any fiscal year thereafter until this section becomes 31 operative, the Controller determines by January 1, that 32 the revenues deposited in the General Fund from fines 33 and forfeitures, pursuant to subdivision (b) of Section 34 77205 of the Government Code, for the prior fiscal year 35 do not exceed seven million five hundred thousand 36 dollars ($7,500,000), this section shall become operative 37 on July 1 following that determination. The Controller 38 shall report in writing to the Governor, the Legislature, 39 the Judicial Council, and county auditors by January 15 of

94 AB 233 — 70 — 1 each year, commencing in 2000, as to whether or not this 2 section is operative pursuant to its revenue requirements. 3 SEC. 62. 4 SEC. 61. Section 42007.1 is added to the Vehicle Code, 5 to read: 6 42007.1. (a) The fee collected by the clerk pursuant 7 to subdivision (a) of Section 42007 shall be in an amount 8 equal to the total bail set forth for the eligible offense on 9 the uniform countywide bail schedule plus twenty-four 10 dollars ($24). 11 (b) Notwithstanding subdivision (b) of Section 42007, 12 the revenue from the twenty-four dollar ($24) fee 13 collected under this section shall be deposited in the 14 county general fund. 15 SEC. 63. 16 SEC. 62. The Judicial Council shall forward 17 information regarding the fiscal impact of pending 18 legislation affecting courts to the Legislature when the 19 council deems that the information will assist the 20 Legislature in its consideration of the legislation. 21 SEC. 64. 22 SEC. 63. (a) There shall be a Civil Delay Reduction 23 Team comprised of judges assigned by and under the 24 authority of the Chief Justice. 25 (b) The primary responsibility of the team is to assist 26 counties and courts in reducing or eliminating the delay 27 in adjudicating civil cases. 28 (c) Team judges will be assigned by the Chief Justice 29 after taking into account the following. 30 (1) The number of delayed civil cases in each county 31 and court. 32 (2) The delay in processing civil cases. 33 (3) The age of inventory of cases, with greater weight 34 to be given to cases with a long delay without resolution. 35 (4) The average length of time needed to dispose of 36 civil cases. 37 (5) The adverse impact on civil litigants. 38 (6) The likelihood that utilization of the team will 39 encourage effective and efficient use of existing local 40 court resources.

94 —71— AB 233 1 (d) Delay reduction team assignments shall be for the 2 purpose of supplementing civil court resources, and shall 3 not be made for the purpose of supplanting a judge 4 currently assigned to the civil court calendar. 5 (e) During the 1997–98 fiscal year, special attention 6 shall be given to those counties and courts where civil 7 delay is much greater than the state average delay for all 8 trial courts. 9 (f) The Judicial Council shall report to the Legislature 10 annually on the assignment of team judges and the 11 impact on civil case delay reduction. 12 (g) This section shall become inoperative on July 1, 13 1999, and, as of January 1, 2000, is repealed, unless a later 14 enacted statute, that becomes operative on or before 15 January 1, 2000, deletes or extends the dates on which it 16 becomes inoperative and is repealed. 17 SEC. 65. 18 SEC. 64. Of funds appropriated in Schedule (a) of 19 Item 450-101-0932 of the Budget Act of 1996, the Judicial 20 Council shall transfer up to two million dollars 21 ($2,000,000) to Schedule (c) of that item for support of 22 the Civil Delay Reduction Team established by this act. 23 SEC. 66. 24 SEC. 65. No provision of this act shall be deemed to 25 constitute a mandate upon a county because the state’s 26 assumption of increased funding support for the trial 27 courts, pursuant to Section 77001 of the Government 28 Code, effectively relieves a county of the responsibility to 29 provide otherwise increasing funds to the trial courts to 30 help finance their operations. 31 SEC. 67. 32 SEC. 66. No provision of this act shall be deemed to 33 constitute a mandate upon a trial court because the state’s 34 assumption of increased funding support for the trial 35 courts, pursuant to Section 77001 of the Government 36 Code, directly benefits the trial courts through the 37 provision of more adequate, consistent, and stable 38 financial support for their operations. 39 SEC. 68.

94 AB 233 — 72 — 1 SEC. 67. This act shall become operative only if 2 Assembly Bill 1438 is enacted and takes effect on or before 3 January 1, 1998. 4 SEC. 69. 5 SEC. 68. This act is an urgency statute necessary for 6 the immediate preservation of the public peace, health, 7 or safety within the meaning of Article IV of the 8 Constitution and shall go into immediate effect. The facts 9 constituting the necessity are: 10 In order for this act to affect the 1997–98 fiscal year for 11 the state funding of the operations of municipal and 12 superior courts as soon as possible, it is necessary that it 13 take effect immediately.

O

94