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SB-4 Courts.(1989-1990)



Current Version: 01/17/89 - Chaptered

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SB4:v97#DOCUMENT

Senate Bill No. 4
CHAPTER 3

An act to amend Sections 76000, 77200, and 77202 of the Government Code, relating to courts, and declaring the urgency thereof, to take effect immediately.

[ Filed with Secretary of State  January 17, 1989. Approved by Governor  January 13, 1989. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 4, Presley. Courts.
(1)  Existing law authorizes penalty assessments for funding courtroom construction but contains an ambiguity with respect to the existing program for courthouse construction in Los Angeles County.
This bill would clarify that ambiguity by specifying the assessment for that program.
(2)  Existing law authorizes the establishment of criminal justice facility transition planning funds in Solano and Orange Counties.
This bill would clarify that penalty assessments may be imposed for that purpose.
(3)  Existing law authorizes state funding for trial courts based upon judgeships created upon the adoption of a resolution by the board of supervisors, beginning with the fiscal year next following the adoption of the resolution.
This bill would instead authorize this funding beginning with the fiscal quarter next following the adoption of the resolution.
(4)  Existing law provides trial court funding based, in part, upon the number of full-time equivalent court commissioner and referee positions created on or before September 27, 1987.
This bill would revise that date to October 1, 1987. The bill would also make technical, nonsubstantive changes with regard to trial court funding.
(5)  The bill would declare that is to take effect immediately as an urgency statute.

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


SECTION 1.

 Section 76000 of the Government Code is amended to read:

76000.
 (a)  In each county, provided that the board of supervisors has adopted a resolution stating that the provisions of this section and Section 76001, 76002, 76004, 76005, 76006, 76008, or 76009 are necessary to the establishment of adequate facilities in the county, the following surcharges and assessments shall be collected, except that a resolution adopted pursuant to Section 76004 may limit the collection to the assessments specified in paragraph (2) or (3), as applicable, a resolution adopted pursuant to Section 76005 or 76008 shall limit the collection to the assessments specified in paragraph (2), and a resolution adopted pursuant to Section 76009 shall limit the collection to the assessments specified in paragraph (4):
(1)  Except as limited by resolution pursuant to this subdivision, with respect to each fund established pursuant to Section 76001, 76002, 76004, or 76006, for every parking offense where a fine or forfeiture is imposed, a surcharge of one dollar and fifty cents ($1.50) shall be included in the fine or forfeiture.
The judges of the county shall increase the bail schedule amounts as appropriate to reflect the surcharge provided for by this subdivision.
In those cities, districts, or other issuing agencies which elect to receive, deposit, accept forfeitures, and otherwise process the posting of bail for parking violations pursuant to subdivision (3) of Section 1463 of the Penal Code, that city, district, or issuing agency shall observe the increased bail amounts as established by the court reflecting the surcharge provided for by this paragraph.
(2)  With respect to each fund established pursuant to Section 76002, 76004, or 76005, except in the counties listed in paragraph (3), and with respect to each fund established pursuant to Section 76008, there shall be levied an additional amount of one dollar ($1) for every ten dollars ($10) or fraction thereof which shall be collected together with and in the same manner as the assessment established by Section 1464 of the Penal Code, upon every fine, penalty, or forfeiture imposed and collected by the courts for criminal offenses, including all offenses involving a violation of the Vehicle Code or any local ordinance adopted pursuant to the Vehicle Code, except offenses relating to parking or registration or offenses by pedestrians or bicyclists, or where an order is made to pay a sum to the general fund of the county pursuant to clause (iii) of paragraph (3) of subdivision (a) of Section 258 of the Welfare and Institutions Code. This amount shall be deposited with the county treasurer and placed in the fund established pursuant to Section 76002, 76004, 76005, or 76008.
(3)  Except as provided in subdivision (h) of Section 76006, but notwithstanding any other provision of law, in Alameda, Contra Costa, Fresno, Kern, Los Angeles, Marin, Monterey, Orange, Placer, Riverside, Sacramento, San Bernardino, San Diego, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Solano, Sonoma, Stanislaus, Ventura, and Yolo Counties, with respect to each fund established pursuant to Section 76001, 76004, or 76006, there shall be levied an additional amount of two dollars ($2) for every ten dollars ($10) or fraction thereof which shall be collected together with and in the same manner as the assessment established by Section 1464 of the Penal Code, upon every fine, penalty, or forfeiture imposed and collected by the courts for criminal offenses, including all offenses involving a violation of the Vehicle Code or any local ordinance adopted pursuant to the Vehicle Code, except offenses relating to parking or registration or offenses by pedestrians or bicyclists, or where an order is made to pay a sum to the general fund of the county pursuant to clause (iii) of paragraph (3) of subdivision (a) of Section 258 of the Welfare and Institutions Code. These amounts shall be deposited with the county treasurer and placed in the funds established pursuant to Sections 76001, 76004, and 76006.
(4)  With respect to each fund established pursuant to Section 76009, there shall be levied an additional amount of fifty cents ($.50) for every ten dollars ($10) or fraction thereof which shall be collected together with and in the same manner as the assessment established by Section 1464 of the Penal Code, upon every fine, penalty, or forfeiture imposed and collected by the courts for criminal offenses, including all offenses involving a violation of the Vehicle Code or any local ordinance adopted pursuant to the Vehicle Code, except offenses relating to parking or registration or offenses by pedestrians or bicyclists, or where an order is made to pay a sum to the general fund of the county pursuant to clause (iii) paragraph (3) of subdivision (a) of Section 258 of the Welfare and Institutions Code. This amount shall be deposited with the county treasurer and placed in the fund established pursuant to Section 76009.
(b)  The surcharge and assessment increase imposed pursuant to this section shall continue so long as deposits to the funds are required pursuant to Section 76001, 76002, 76004, 76005, 76006, 76008, or 76009.
(c)  No county, city and county, city, district or other issuing agency shall be required to contribute revenues to any fund in excess of those revenues generated from the surcharges and assessments established in the resolution adopted pursuant to this section, except as otherwise agreed upon by the local governmental entities involved.

SEC. 2.

 Section 77200 of the Government Code is amended to read:

77200.
 (a)  Except as provided in subdivisions (b) and (c) with respect to newly createdjudgeships, the Controller shall transmit to each option county quarterly payments on the block grant owing to that county based upon the number of judges, court commissioners, and referees in the county, as determined pursuant to Section 77202, multiplied each quarter by the sum of fifty-three thousand dollars ($53,000), as adjusted pursuant to Section 77201.
(b)  With respect to judgeships authorized by Chapter 1211 of the Statutes of 1987, for any new judgeship in excess of 10 new judgeships for a particular option county, if the county’s average quarterly appropriation for court operations for the 1987–88 fiscal year, as determined by the Controller, divided by the number of judges, referees, and court commissioners determined pursuant to Section 77202 for that year (the base year quarterly cost per judge), exceeds the applicable sum specified in subdivision (a) as adjusted pursuant to Section 77201 (the base year quarterly block grant), instead of the quarterly multiplier determined pursuant to subdivision (a), the quarterly multiplier for each such new judgeship shall be:
(1)  For the first four quarters following the creation of that judgeship, the base year quarterly cost per judge.
(2)  For the second four quarters thereafter, the applicable sum specified in subdivision (a) as adjusted pursuant to Section 77201 (the standard current quarterly block grant), plus 75 percent of the difference between the base year quarterly cost per judge and the base year quarterly block grant.
(3)  For the third four quarters thereafter, the standard current quarterly block grant, plus 50 percent of the difference between the base year quarterly cost per judge and the base year quarterly block grant.
(4)  For the fourth four quarters thereafter, the standard current quarterly block grant, plus 25 percent of the difference between the base year quarterly cost per judge and the base year quarterly block grant.
For purposes of this subdivision, a judgeship created upon the adoption of a resolution by the board of supervisors shall be deemed to be created in the quarter in which the resolution is adopted.
(c)  With respect to judgeships authorized by statutes which take effect on or after January 1, 1990, if the county’s average quarterly appropriation for court operations for the fiscal year preceding the effective date of that statute, as determined by the Controller, reduced by the average quarterly amount of funds, if any, received during that fiscal year pursuant to Section 77207, divided by the number of judges, referees, and court commissioners determined pursuant to Section 77202 for that year (the base year quarterly cost per judge), exceeds the quarterly multiplier for the fiscal year in which the statute takes effect (the comparison year quarterly block grant), instead of the quarterly multiplier determined pursuant to subdivision (a), the quarterly multiplier for each such new judgeship shall be:
(1)  For the first fiscal year following the effective date of the statute authorizing that judgeship, the base year quarterly cost per judge.
(2)  For the second fiscal year thereafter, the applicable sum specified in subdivision (a) for each quarter of the current fiscal year as adjusted pursuant to Section 77201 (the standard current quarterly block grant), plus 75 percent of the difference between the base year quarterly cost per judge and the comparison year quarterly block grant.
(3)  For the third fiscal year thereafter, the standard current quarterly block grant, plus 50 percent of the difference between the base year quarterly cost per judge and the comparison year quarterly block grant.
(4)  For the fourth fiscal year thereafter, the standard current quarterly block grant, plus 25 percent of the difference between between the base year quarterly cost per judge and the comparison year quarterly block grant.
(d)  Quarterly payments shall be transmitted by the Controller on or before the 15th day of that quarter, except that payments for the quarter beginning January 1, 1989, shall be made no later than February 15, 1989.

SEC. 3.

 Section 77202 of the Government Code is amended to read:

77202.
 The number of judges, court commissioners, and referees for the purpose of calculating the block grant for a county shall be as follows:
(a)  The number of superior and municipal court judges for purposes of calculating the block grant shall be those authorized by Section 4 of Article VI of the California Constitution and those authorized by statute. For purposes of this chapter, a judgeship created upon the adoption of a resolution by the board of supervisors shall be deemed to be “authorized by statute” beginning with the fiscal quarter next following the adoption of that resolution.
(b)  The number of justice court judges for purposes of calculating the block grant shall be the number of positions in effect on January 1, 1988, as revised thereafter by statute. However, the block grant for a part-time justice court judgeship shall be prorated according to the percentage of a full-time workweek, as determined pursuant to Section 68202.5.
(c)  The number of subordinate judicial officers for purposes of calculating the block grant shall be the number of full-time equivalent court commissioners and referees authorized by statute, funded, filled, and reported to the Judicial Council on or before January 1, 1987, plus any such positions thereafter created on or before October 1, 1987, plus any such positions specifically authorized by statute taking effect after January 1, 1988, funded, filled, and reported to the Judicial Council.

SEC. 4.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to make needed corrections in the laws relative to criminal justice facility construction and trial court funding as soon as possible, it is necessary that this act take effect immediately.