BILL NUMBER: AB 1935 ENROLLED
BILL TEXT
PASSED THE ASSEMBLY AUGUST 31, 1998
PASSED THE SENATE AUGUST 28, 1998
AMENDED IN SENATE AUGUST 28, 1998
AMENDED IN SENATE AUGUST 26, 1998
AMENDED IN SENATE AUGUST 20, 1998
AMENDED IN SENATE JULY 30, 1998
AMENDED IN ASSEMBLY APRIL 28, 1998
INTRODUCED BY Assembly Member Aroner
FEBRUARY 17, 1998
An act to amend Section 631.3 of the Code of Civil Procedure, and
to amend Sections 68070, 68085, 68113, 68502.5, 77009, 77205, 77212,
and 77654 of, and to add Sections 77009.1, 77201.2, and 77206.1 to,
the Government Code, relating to trial court funding.
LEGISLATIVE COUNSEL'S DIGEST
AB 1935, Aroner. Trial court funding.
(1) Existing law provides that nonrefundable jury fees, and jury
and mileage fees which accrue by reason of a juror serving on more
than one case in the same day, shall revert to the county and be
deposited in the county general fund.
This bill would instead provide that those fees shall be
transmitted to the Controller for deposit in the Trial Court Trust
Fund. The bill would also revise the basis upon which a deposit of
jury fees shall not be refunded, as specified.
(2) Existing law requires specified court fees to be deposited
upon collection in a special account in the county treasury and
transmitted therefrom monthly to the Controller for deposit in the
Trial Court Trust Fund.
This bill would revise the fees to which this provision applies.
(3) Existing law requires the trial courts to report to the
Judicial Council, and the Judicial Council to report to the
Legislature, regarding trial court coordination.
This bill would revise and recast those requirements.
(4) Existing law requires the Trial Court Budget Commission to
prepare an allocation of trial court funding payments to the
counties.
This bill would instead require the schedule to provide for trial
court funding payments to the trial courts, and would revise related
requirements.
(5) Existing law requires, for the purposes of funding trial court
operations, that each board of supervisors establish in the county
treasury a Trial Court Operations Fund, which will operate as a
special revenue fund.
This bill would instead require that such a fund operate as an
agency fund.
The bill would further authorize a county to lend money to its
trial courts for emergency needs according to procedures adopted by
the Judicial Council, as specified. The bill would limit obligations
which may be incurred that are paid from funds distributed from the
Trial Court Operations Fund, and would authorize the Judicial Council
to appoint a person or entity to manage the expenditures from the
Trial Court Operations Fund with respect to specified courts. The
bill would authorize individual trial courts to contract for county
services, as specified.
(6) Existing law specifies the duties of the Task Force on Court
Facilities.
This bill would revise the duties of the Task Force, as specified.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 631.3 of the Code of Civil Procedure is amended
to read:
631.3. Notwithstanding any other provision of law, when a party
to the litigation has deposited jury fees with the judge or clerk and
the case is settled or a continuance is granted on motion of the
party depositing the jury fees, none of the deposit shall be refunded
if the court finds there has been insufficient time to notify the
jurors that the trial would not proceed at the time set. If the jury
fees so deposited are not refunded for the reasons herein specified,
or if a refund of jury fees deposited with the judge or clerk has
not been requested, in writing, by the depositing party within 20
business days from the date on which the action is settled,
dismissed, or a continuance thereof granted, the fees shall be
transmitted to the Controller for deposit into the Trial Court Trust
Fund. All jury fees and mileage fees that may accrue by reason of a
juror serving on more than one case in the same day shall be
transmitted to the Controller for deposit into the Trial Court Trust
Fund.
SEC. 1.5. Section 68070 of the Government Code is amended to read:
68070. (a) Every court may make rules for its own government and
the government of its officers not inconsistent with law or with the
rules adopted and prescribed by the Judicial Council. These rules
shall not:
(1) Impose any tax, charge, or penalty upon any legal proceeding,
or for filing any pleading allowed by law.
(2) Give any allowance to any officer for services.
(b) The Judicial Council is encouraged to adopt rules to provide
for uniformity in rules and procedures throughout all courts in a
county and statewide. The subjects on which uniformity should be
sought shall include, but are not limited to, (1) the form of papers,
(2) limitations on the filing of papers, (3) rules relating to law
and motion, and (4) requirements concerning documents to be filed at
or prior to trial.
SEC. 2. Section 68085 of the Government Code is amended to read:
68085. (a) (1) There is hereby established the Trial Court Trust
Fund, the proceeds of which shall be apportioned at least quarterly
for the purpose of funding trial court operations, as defined in
Section 77003. In no event shall apportionment payments exceed 30
percent of the total annual apportionment to the Trial Court Trust
Fund for state trial court funding in any 90-day period.
(2) The apportionment payments shall be made by the Controller.
For fiscal year 1997-98, the Controller shall make the first
apportionment payment within 10 days of the operative date of this
section. The final payment from the Trial Court Trust Fund for each
fiscal year shall be made on or before August 31 of the subsequent
fiscal year.
(3) If apportionment payments are made on a quarterly basis, the
payments shall be on July 15, October 15, January 15, and April 15.
In addition to quarterly payments, a final payment from the Trial
Court Trust Fund for each fiscal year may be made on or before August
31 of the subsequent fiscal year.
(b) Notwithstanding any other provision of law, the fees listed in
subdivision (c) shall all be deposited upon collection in a special
account in the county treasury, and transmitted herefrom monthly to
the Controller for deposit in the Trial Court Trust Fund.
(c) (1) Except as specified in subdivision (d), this section
applies to all fees collected pursuant to Sections 631.3 and 116.230
of the Code of Civil Procedure and Sections 26820.4, 26823, 26826,
26826.01, 26827, 26827.4, 26830, 26832.1, 26833.1, 26835.1, 26836.1,
26837.1, 26838, 26850.1, 26851.1, 26852.1, 26853.1, 26855.4, 26862,
27081.5, 68086, 72055, 72056, 72056.01, and 72060.
(2) If any of the fees provided for in this subdivision are
partially waived by court order, and the fee is to be divided between
the Trial Court Trust Fund and any other fund, the amount of the
partial waiver shall be deducted from the amount to be distributed to
each fund in the same proportion as the amount of each distribution
bears to the total amount of the fee.
(3) Any amounts transmitted by a county to the Controller for
deposit into the Trial Court Trust Fund from fees collected pursuant
to Section 27361 between January 1, 1998, and the effective date of
this paragraph shall be credited against the total amount the county
is required to pay to the state pursuant to paragraph (2) of
subdivision (b) of Section 77201 for the 1997-98 fiscal year.
(d) This section does not apply to that portion of a filing fee
collected pursuant to Section 26820.4, 26826, 26827, 72055, or 72056
which is allocated for dispute resolution pursuant to Section 470.3
of the Business and Professions Code, the county law library pursuant
to Section 6320 of the Business and Professions Code, the Judges'
Retirement Fund pursuant to Section 26822.3, automated recordkeeping
or conversion to micrographics pursuant to Sections 26863 and
68090.7, and courthouse financing pursuant to Section 76238. This
section also does not apply to fees collected pursuant to
subdivisions (a) and (c) of Section 27361.
(e) This section applies to all payments required to be made to
the Trial Court Trust Fund by any county or city and county pursuant
to Section 77201, 77201.1, or 77205.
(f) Notwithstanding any other provision of law, no agency shall
take action to change the amounts allocated to any of the above
funds.
(g) Before making any apportionments under this section, the
Controller shall deduct, from the annual appropriation for that
purpose, the actual administrative costs that will be incurred under
this section. Costs reimbursed under this section shall be
determined on an annual basis in consultation with the Judicial
Council.
(h) Any amounts required to be transmitted by a county or city and
county to the state pursuant to this section shall be remitted to
the Controller no later than 45 days after the end of the month in
which the fees were collected. This remittance shall be accompanied
by a remittance advice identifying the collection month and the
appropriate account in the Trial Court Trust Fund to which it is to
be deposited. Any remittance which is not made by the county or city
and county in accordance with this section shall be considered
delinquent, and subject to the penalties specified in this section.
(i) Upon receipt of any delinquent payment required pursuant to
this section, the Controller shall calculate a penalty on any
delinquent payment by multiplying the amount of the delinquent
payment at a daily rate equivalent to 11/2 percent per month for the
number of days the payment is delinquent. Notwithstanding Section
77009, any penalty on a delinquent payment that a court is required
to reimburse to a county's general fund pursuant to this section and
Section 24353 shall be paid from the Trial Court Operations Fund for
that court.
(j) Penalty amounts calculated pursuant to subdivision (i) shall
be paid by the county to the Trial Court Trust Fund no later than 45
days after the end of the month in which the penalty was calculated.
(k) The Trial Court Trust Fund shall be invested in the Surplus
Money Investment Fund and all interest earned shall be allocated to
the Trial Court Trust Fund semiannually and shall be allocated among
the courts in accordance with the requirements of subdivision (a).
The specific allocations shall be specified by the Judicial Council,
based upon recommendations from the Trial Court Budget Commission.
(l) It is the intent of the Legislature that the revenues required
to be deposited into the Trial Court Trust Fund be remitted as soon
after collection by the courts as possible. Not later than February
1, 1999, the Judicial Council, in consultation with the California
State Association of Counties and the California County Auditors
Association, shall study and make recommendations to the Legislature
on alternative procedures that would improve the collection and
remittance of revenues to the Trial Court Trust Fund.
SEC. 3. Section 68113 of the Government Code is amended to read:
68113. (a) The superior and municipal courts in each county shall
submit a report to the Judicial Council on progress towards
achieving the cost reduction goals associated with the coordination
plans and factors impacting the cost of court operations and the
collection of revenues. The reports shall be submitted quarterly on
or before the first day of the third month following the end of the
quarter, except the fourth-quarter report shall be submitted on the
first day of the fourth month following the end of the fourth
quarter.
(b) For purposes of the reporting requirements of this section, a
court or courts in a county may petition the Judicial Council to
permit division of the court or courts into smaller administrative
units corresponding to the organization of the court or courts under
a coordination plan where reporting courtwide would impose an undue
burden because of the number of judges or the physical location of
the divisions of the court or courts.
(c) On or before March 1 of each year, the Judicial Council shall
provide an annual report to the Legislature regarding those counties
which have both municipal and superior courts, on their progress in
achieving effective and efficient trial court operations, including
implementation of coordination as required by law, regarding court
revenues and expenditures, and regarding any factors impacting the
cost of court operations or the collection of court revenues.
(d) The Judicial Council shall establish a process to assess the
effectiveness and efficiency of those trial court systems that have
unified pursuant to subdivision (e) of Section 5 of Article VI of the
California Constitution.
SEC. 4. Section 68502.5 of the Government Code is amended to read:
68502.5. (a) The Judicial Council shall provide by rule for the
appointment of a standing Trial Court Budget Commission and the
deadlines for meeting its various responsibilities. The commission's
duties and responsibilities shall be limited to those specified in
rules of court adopted by the Judicial Council, including, but not
limited to, the following:
(1) Receive budget requests from the trial courts. Trial courts
shall send to the county board of supervisors a copy of their
proposed budgets and any revisions or appeals at the time their
budget requests are submitted to the Trial Court Budget Commission,
pursuant to this section. The counties may submit timely comments to
the commission regarding the contents of the proposed budgets of
their respective trial courts. The commission shall consider the
counties' comments when determining appropriate budgets for the
courts.
(2) Review the trial courts' budget requests and evaluate them
against performance criteria established by the Judicial Council by
which a court's performance, level of coordination, and efficiency
can be measured.
(3) Annually recommend to the Judicial Council for its approval
the projected cost in the subsequent fiscal year of court operations
as defined in Section 77003 for each trial court. This estimation
shall serve as the basis for recommended court budgets, which shall
be developed programmatically by court function, as approved by the
Judicial Council, for comparison purposes and to delineate the
funding responsibilities.
(4) Annually prepare a recommended schedule for the allocation of
moneys to individual courts and a recommended overall trial court
budget for approval by the Judicial Council and forwarding to the
Governor for inclusion in the Governor's proposed State Budget. The
recommended schedule shall be based on the performance criteria
established pursuant to paragraph (2) and on a minimum standard
established by the Judicial Council for the operation and staffing of
all trial court operations. This minimum standard shall be modeled
on court operations using all reasonable and available measures to
increase court efficiency and coordination. The schedule of
allocations shall assure that all trial courts receive funding for
the minimum operating and staffing standards before funding operating
and staffing requests above the minimum standards, and shall include
incentives and rewards for any trial court's implementation of
efficiencies and cost saving measures.
(5) Recommend reallocation of funds in accordance with Judicial
Council rules during the course of the fiscal year to ensure equal
access to the trial courts by the public, to improve trial court
operations, and to meet trial court emergencies. Recommended
reallocations shall be limited to 15 percent of that portion of any
court's annual budget amount funded by the state. Neither the state
nor the counties shall have any obligation to replace moneys
appropriated for trial courts and reallocated pursuant to this
paragraph.
(6) Recommend allocation of funds in the Trial Court Improvement
Fund in accordance with Judicial Council rules to ensure equal access
to trial courts by the public, to improve trial court operations,
and to meet trial court emergencies.
(7) Upon approval of the trial courts' budget by the Legislature,
prepare during the course of the fiscal year recommended allocation
schedules for payments to the trial courts, consistent with Section
68085, which, upon approval or modification by the Judicial Council,
shall be submitted to the Controller's office by the 10th day of the
month in which payments are to be made.
(8) Establish rules, pursuant to the authority of the Judicial
Council, regarding a court's authority to transfer trial court
funding moneys from one functional category to another in order to
address needs in any functional category.
(9) At the request of the presiding judge of a trial court,
conduct an independent review of the funding level of the court to
determine whether it is adequate to enable the court to discharge its
statutory and constitutional responsibilities.
(10) From time to time, review the level of fees charged by the
courts for various services and prepare recommended adjustments for
approval and forwarding to the Legislature by the Judicial Council.
(11) Perform other activities as requested by the Judicial
Council.
(b) The Judicial Council may take action on any matter specified
in subdivision (a) whether or not the commission has taken any action
on that matter. The Judicial Council shall retain the ultimate
responsibility to adopt a budget and allocate funding for the trial
courts that best assures their ability to carry out their functions,
promotes implementation of statewide policies, and promotes the
immediate implementation of efficiencies and cost savings measures in
court operations, in order to guarantee equal access to the courts.
(c) Members of the commission shall receive no compensation from
the state for their services. When called into session, they shall
receive their actual and necessary expenses for travel, board, and
lodging, which shall be paid from the funds appropriated for this
use. These expenses shall be appropriated in the manner as the
Judicial Council directs, and shall be audited by the Controller in
accordance with the rules of the State Board of Control.
SEC. 5. Section 77009 of the Government Code is amended to read:
77009. (a) For the purposes of funding trial court operations,
each board of supervisors shall establish in the county treasury a
Trial Court Operations Fund, which will operate as an agency fund.
All funds appropriated in the Budget Act and allocated and
reallocated to each court in the county by the Judicial Council shall
be deposited into the fund. Accounts shall be established in the
Trial Court Operations Fund for each trial court in the county,
except that one account may be established for courts which have a
unified budget. In a county where court budgets include
appropriations for expenditures administered on a countywide basis,
including, but not limited to, court security, centralized
data-processing and planning and research services, an account for
each centralized service shall be established and funded from those
appropriations.
(b) The moneys of the Trial Court Operations Fund arising from
deposits of funds appropriated in the Budget Act and allocated or
reallocated to each court in the county by the Judicial Council shall
be payable only for the purposes set forth in Sections 77003 and
77006.5, and for services purchased by the court pursuant to
subdivisions (b) and (c) of Section 77212. The presiding judge of
each court in a county, or his or her designee, shall authorize and
direct expenditures from the fund and the county auditor-controller
shall make payments from the funds as directed. Approval of the
board of supervisors is not required for expenditure from this fund.
(c) Interest received by a county which is attributable to
investment of money required by this section to be deposited in its
Trial Court Operations Fund shall be deposited in the fund and shall
be used for trial court operations purposes.
(d) In no event shall interest be charged to the Trial Court
Operations Fund, except as provided in Section 77009.1.
(e) Reasonable administrative expenses incurred by the county
associated with the operation of this fund shall be charged to each
court on a pro rata basis in proportion to the total amount allocated
to each court in this fund.
(f) A county, or city and county, may bill trial courts within its
jurisdiction for costs for services provided by the county, or city
and county, as described in Sections 77003 and 77212, including
indirect costs as described in paragraph (7) of subdivision (a) of
Section 77003 and Section 77212. The costs billed by the county, or
the city and the county, pursuant to this subdivision shall not
exceed the costs incurred by the county, or the city and the county,
of providing similar services to county departments or special
districts.
(g) Pursuant to Section 77206, the Controller, at the request of
the Legislature or the Judicial Council, may perform financial and
fiscal compliance audits of this fund.
(h) The Judicial Council with the concurrence of the Department of
Finance and the Controller's office shall establish procedures to
implement the provisions of this section and to provide for payment
of trial court operations expenses, as described in Sections 77003
and 77006.5, incurred on July 1, 1997, and thereafter.
(i) The Judicial Council shall study alternative methods for the
establishment and management of the Trial Court Operations Fund as
provided in this section, and shall report its findings and
recommendations to the Legislature not later than November 1, 1998.
SEC. 6. Section 77009.1 is added to the Government Code, to read:
77009.1. (a) Notwithstanding any other provision of law, a county
or city and county may, pursuant to this section, lend money to the
trial courts of that county to help the courts with cash-flow
problems or other emergency monetary needs. If a county lends a
trial court money pursuant to this section, it may charge interest at
the county pooled money investment account rate.
(b) A trial court may seek a loan of funds under this section only
after the Judicial Council has given notice of the loan to the
Department of Finance and has thereafter approved the loan.
(c) The Judicial Council shall adopt procedures and criteria
concerning any loans of funds pursuant to this section and may
delegate to the Administrative Director of the Courts the authority
to approve the loan.
(d) A trial court budget approved by the Judicial Council shall
not be increased as a result of a loan made pursuant to this section.
(e) A county or city and county shall not be compelled or required
to provide a loan to the trial courts of that county pursuant to
this section.
SEC. 7. Section 77201.2 is added to the Government Code, to read:
77201.2. All moneys required to be paid to the Trial Court Trust
Fund pursuant to Sections 77201 and 77201.1 shall be considered
delinquent if not received by the dates therein specified, and shall
be subject to the penalties set forth in Section 68085.
SEC. 8. Section 77205 of the Government Code is amended to read:
77205. (a) Notwithstanding any other provision of law, in any
year in which a county collects fee, fine, and forfeiture revenue for
deposit into the county general fund pursuant to Sections 1463.001
and 1464 of the Penal Code, Sections 42007, 42007.1, and 42008 of the
Vehicle Code, and Sections 27361 and 76000 of, and subdivision (f)
of Section 29550 of, the Government Code that would have been
deposited into the General Fund pursuant to these sections as they
read on December 31, 1997, and pursuant to Section 1463.07 of the
Penal Code, and that exceeds the amount specified in paragraph (2) of
subdivision (b) of Section 77201 for the 1997-98 fiscal year, and
paragraph (2) of subdivision (b) of Section 77201.1 for the 1998-99
fiscal year, and thereafter, the excess amount shall be divided
between the county or city and county and the state, with 50 percent
of the excess transferred to the state for deposit in the Trial Court
Improvement Fund and 50 percent of the excess being deposited into
the county general fund. For the purpose of this subdivision, fee,
fine, and forfeiture revenue shall only include revenue that would
otherwise have been deposited in the General Fund prior to January 1,
1998.
(b) Any amounts required to be distributed to the state pursuant
to subdivision (a) shall be remitted to the Controller no later than
45 days after the end of the fiscal year in which those fees, fines,
and forfeitures were collected. This remittance shall be accompanied
by a remittance advice identifying the quarter of collection and
stating that the amount should be deposited in the Trial Court
Improvement Fund.
(c) Notwithstanding subdivision (a), the following counties whose
base-year remittance requirement was reduced pursuant to subdivision
(c) of Section 77201.1 shall not be required to split their annual
fee, fine, and forfeiture revenues as provided in this section until
such revenues exceed the following amounts:
County Amount
Placer ......................... $ 1,554,677
Riverside ...................... 11,028,078
San Joaquin .................... 3,694,810
San Mateo ...................... 5,304,995
Ventura ........................ 4,637,294
SEC. 9. Section 77206.1 is added to the Government Code, to read:
77206.1. (a) The presiding judge, or the person designated by the
presiding judge to authorize expenditures from the Trial Court
Operations Fund, shall approve no claim, and shall authorize no
warrant, for any obligation in excess of that authorized therefor in
the budget authorized by the Judicial Council.
(b) The Administrative Director of the Courts shall advise the
Judicial Council, and the Judicial Council may appoint a person or
entity to manage the expenditures from the Trial Court Operations
Fund, of any court found to be in violation of this section.
SEC. 10. Section 77212 of the Government Code, as amended by
Chapter 406 of the Statutes of 1998, is amended to read:
77212. (a) The State of California, the counties of California,
and the trial courts of California, recognize that a unique and
interdependent relationship has evolved between the courts and the
counties over a sustained period of time. While it is the intent of
this act to transfer all fiscal responsibility for the support of the
trial courts from the counties to the State of California, it is
imperative that the activities of the state, the counties, and the
trial courts be maintained in a manner that ensures that services to
the people of California not be disrupted. Therefore, to this end,
during the 1997-98 fiscal year, commencing on July 1, 1997, counties
shall continue to provide and courts shall continue to use, county
services provided to the trial courts on July 1, 1997, including, but
not limited to: auditor/controller services, coordination of
telephone services, data-processing and information technology
services, procurement, human resources services, affirmative action
services, treasurer/tax collector services, county counsel services,
facilities management, and legal representation. These services
shall be provided to the court at a rate that shall not exceed the
costs of providing similar services to county departments or special
districts. If the cost was not included in the county base pursuant
to paragraph (1) of subdivision (b) of Section 77201 or was not
otherwise charged to the court prior to July 1, 1997, and were court
operation costs as defined in Section 77003 in fiscal year 1994-95,
the court may seek adjustment of the amount the county is required to
submit to the state pursuant Section 77201.
(b) In fiscal year 1998-99 commencing on July 1, 1998, and
thereafter the county may give notice to the court that the county
will no longer provide a specific service except that the county
shall cooperate with the court to ensure that a vital service for the
court shall be available from the county or other entities that
provide such services. The notice must be given at least 90 days
prior to the end of the fiscal year and shall be effective only upon
the first day of the succeeding fiscal year.
(c) In fiscal year 1998-99, commencing on July 1, 1998, and
thereafter, the court may give notice to the county that the court
will no longer use a specific county service. The notice shall be
given at least 90 days prior to the end of the fiscal year and shall
be effective only upon the first day of the succeeding fiscal year.
However, for three years from the effective date of this section, a
court shall not terminate a service that involved the acquisition of
equipment, including, but not limited to, computer and
data-processing systems, financed by a long-term financing plan
whereby the county is dependent upon the court's continued financial
support for a portion of the cost of the acquisition.
(d) (1) If a trial court desires to receive or continue to receive
a specific service from a county or city and county as provided in
subdivision (c), and the county or city and county desires to provide
or continue to provide that service as provided in subdivision (c),
the presiding judge of that court and the county or city and county
shall enter into a contract for that service. The contract shall
identify the scope of service, method of service delivery, term of
agreement, anticipated service outcomes, and the cost of the service.
The court and the county
or city and county shall cooperate in developing and implementing
the contract.
(2) This subdivision applies to services to be provided in fiscal
year 1999-2000 and thereafter.
SEC. 11. Section 77654 of the Government Code is amended to read:
77654. (a) The task force shall be appointed on or before October
1, 1997.
(b) The task force shall meet and establish its operating
procedures on or before September 1, 1998, and submit its plan for
the entire review of court facilities by October 1, 1998, to the
Judicial Council, Legislature, and Governor.
(c) The task force shall review all available court facility
standards and make preliminary determinations of acceptable standards
for construction, renovation, and remodeling of court facilities,
and shall report those preliminary determinations to the Judicial
Council, the Legislature, and the Governor in an interim report on or
before July 1, 1999.
(d) The task force shall complete a survey of all trial and
appellate court facilities in the state and report its findings to
the Judicial Council, the Legislature, and the Governor in a second
interim report on or before January 1, 2001. The report shall
document all of the following:
(1) The state of existing court facilities.
(2) The need for new or modified court facilities.
(3) The currently available funding options for constructing or
renovating court facilities.
(4) The impact which creating additional judgeships has upon court
facility and other justice system facility needs.
(5) The effects which trial court coordination and consolidation
have upon court and justice system facilities needs.
(6) Administrative and operational changes which can reduce or
mitigate the need for added court or justice system facilities.
(7) Recommendations for specific funding responsibilities among
the entities of government including full state responsibility, full
county responsibility, or shared responsibility.
(8) A proposed transition plan if responsibility is to be changed.
(9) Recommendations regarding funding sources for court facilities
and funding mechanisms to support court facilities.
(e) The interim reports shall be circulated for comment to the
counties, the judiciary, the Legislature, and the Governor. The task
force may also circulate these reports to users of the court
facilities.
(f) The task force shall submit a final report to the Judicial
Council, the Legislature, and the Governor on or before July 1, 2001.
The report shall include all elements of the interim reports
incorporating any changes recommended by the task force in response
to comments received.
(g) Notwithstanding any other provision of law, during the period
from July 1, 1997 to June 30, 2001, the board of supervisors of each
county shall be responsible for providing suitable and necessary
facilities for judicial officers and court support staff for judicial
positions created prior to July 1, 1996, to the extent required by
Section 68073. The board of supervisors of each county shall also be
responsible for providing suitable and necessary facilities for
judicial officers and court support staff for judgeships authorized
by statutes chaptered in 1996 to the extent required by Section
68073, provided that the board of supervisors agrees that new
facilities are either not required or that the county is willing to
provide funding for court facilities. Unless a court and a county
otherwise mutually agree, the state shall assume responsibility for
suitable and necessary facilities for judicial officers and support
staff for any judgeships authorized during the period from January 1,
1998, to June 30, 2001.