Government Code — Part 90 | GOV — United States — California law | Esheria

Government Code

Part 90 of 107 · provisions 17,801–18,000

This act is named the Government Code.

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This section defines key terms used in the CalSavers retirement savings title. This section creates the CalSavers Retirement Savings Board and sets rules for how the board, program administrator, and staff must operate. This section creates the CalSavers Retirement Savings Trust, assigns the board to administer it, requires the board to split trust money into a program fund and an administrative fund, and gives the Treasurer and the board investment-related powers. It also caps administrative fund spending at 1% of the total program fund after six years from implementation and exempts certain securities from specified Corporations Code sections. The CalSavers Retirement Savings Program must include one or more payroll deduction IRA arrangements, as determined by the board. The board has broad authority over the trust, including contracts, investments, staff, insurance, cooperation, and rulemaking.

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Provisions of Government Code

Showing 200 of 21,333

  1. 70356.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 5. County Facilities Payment [70351 - 70370] ( Article 5 added by Stats. 2002, Ch. 1082, Sec. 4. )

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    The county facilities payment must include specified facility-operation and maintenance costs, calculated using a five-year average adjusted for inflation.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 5. County Facilities Payment [70351 - 70370] ( Article 5 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## 70356. The following items shall be included in the county facilities payment based on a five-year average of expenditures made by the county for facility operation and maintenance. This amount shall be computed by multiplying the value for each of the five fiscal years from 1995–96 to 1999–2000, inclusive, by the change in the inflation index specified in Section 70355 from January of that fiscal year to the month of the date of transfer of responsibility for the court facilities from the county to the state, inclusive, and then averaging the five adjusted yearly values: (a) Maintenance and repair, including, but not limited to, maintenance and repair of the building and its components, utility systems, security equipment, and interior and exterior lighting. (b) Purchase, installation, modernization, and maintenance of major building systems not of an ongoing nature, including, but not limited to, plumbing, HVAC (heating, ventilation, and air-conditioning), electrical, and vertical transportation. (c) A special repair. (d) Landscaping and grounds maintenance services for court facilities. (e) Maintenance of parking spaces or garages dedicated to the court or for jurors. (f) County facility management and administrative costs directly or indirectly associated with trial court facilities, including, but not limited to, management, supervision, planning, design, department administration, payroll, finance, procurement, and program management. (Amended by Stats. 2003, Ch. 592, Sec. 9. Effective January 1, 2004.)
  2. 70357.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 5. County Facilities Payment [70351 - 70370] ( Article 5 added by Stats. 2002, Ch. 1082, Sec. 4. )

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    This section tells the county how to calculate and document utility costs included in a county facilities payment, and when certain leased utility costs cannot be included.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 5. County Facilities Payment [70351 - 70370] ( Article 5 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## 70357. (a) The cost of utilities shall be included in the county facilities payment by calculating the average consumption of utilities for the fiscal years 1995–96 to 1999–2000, inclusive, multiplying the consumption averages by the 1999–2000 rates, and multiplying the value by the increase in the inflation index specified in Section 70355 from January 2000, to the month of the date of transfer of responsibility for the court facilities from the county to the state, inclusive. The consumption rates for 1999–2000 shall be the average of the rates for each month of that fiscal year. (b) If the county states in its county facilities payment calculation under Section 70363 that either utility consumption amounts or rates are not reasonably available for any court facility for any or all of the 1995–96 to 1999–2000, inclusive, fiscal years after a good faith effort to obtain those consumption amounts or rates, then the cost of utilities for that facility shall be included in the county facilities payment by calculating the five-year average of the utility costs incurred in connection with the operation of the building for the 1995–96 to 1999-2000, inclusive, fiscal years. This amount shall be calculated by multiplying the yearly utility costs for each court facility for each of the five fiscal years from 1995–96 to 1999–2000, inclusive, by the change in the inflation index specified in Section 70355 from January of that fiscal year to the month of the date of transfer of responsibility for the court facility from the county to the state, inclusive, and then averaging the five inflation-adjusted yearly values. (c) If the county states in its county facilities payment calculation under Section 70363 that the utility cost information described in subdivisions (a) and (b) is not reasonably available for any court facilities for any or all of the fiscal years 1995–96 to 1999–2000, inclusive, after a good faith effort to obtain that information, then the cost of utilities for those facilities shall be calculated using all relevant information available to the county and to the Administrative Office of the Courts. (d) For purposes of any good faith statement made pursuant to subdivision (b) or (c), the county shall include a detailed description of all activities it undertook to obtain the information and the results of each activity. (e) If the county implemented a special improvement to increase energy efficiency during the 1995–96 fiscal year or thereafter, and that special improvement resulted in measurable and ongoing net cost savings, then the county may include a description of the special improvement and the resulting cost savings as part of its county facilities payment calculation under Section 70363. The amount of any reduction in the county facilities payment calculation shall be limited to the demonstrable ongoing cost savings to the state directly resulting from the special improvement only to the extent not already reflected in the cost or consumption data used to determine utilities costs. The county shall document or demonstrate the savings and the fact that the savings are not already reflected. (f) As used in this section, “utility costs” include, but are not limited to, natural gas, heating oil, electricity, water, sewage, and garbage. Utility costs shall be included without regard to whether payment of the costs was made by the county, the court, or another entity except that the amount of specific utility costs may not be included in the county facilities payment if all of the following conditions are satisfied: (1) A lease expressly provides that the utilities are to be paid by the lessor. (2) There is no payment by the lessee for the utilities, except as part of the lease payment. (3) The lease payment is included in the county facilities payment. (Amended by Stats. 2004, Ch. 249, Sec. 1. Effective August 23, 2004.)
  3. 70358.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 5. County Facilities Payment [70351 - 70370] ( Article 5 added by Stats. 2002, Ch. 1082, Sec. 4. )

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    Insurance costs must be included in the county facilities payment, with a specific exclusion for certain bonded-indebtedness insurance costs.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 5. County Facilities Payment [70351 - 70370] ( Article 5 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## 70358. Insurance costs shall be included in the county facilities payment. If the actual expenditures made by the county are used to determine the amount, the expenditures shall be based on the 1999–2000 fiscal year multiplied by the increase in the inflation index specified in Section 70355 from January 2000, to the month of the date of the transfer of responsibility for the court facilities from the county to the state, inclusive. The amount of insurance may not include the cost of any insurance required by any agreement involving bonded indebtedness on the facility to the extent that the cost of insurance is greater than the cost of commercial insurance coverage on the building. The determination of the insurance costs may consider the costs of commercial insurance coverage for a fair and reasonable level of insurance and the costs of self-insurance. The amount of the insurance costs shall be subject to negotiation between the Judicial Council and the county. To the extent the responsibility for grounds is transferred, the insurance costs for court facilities shall include, but not be limited to, the cost of liability insurance relating to the grounds. (Amended by Stats. 2003, Ch. 592, Sec. 11. Effective January 1, 2004.)
  4. 70359.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 5. County Facilities Payment [70351 - 70370] ( Article 5 added by Stats. 2002, Ch. 1082, Sec. 4. )

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    County lease-related court facilities costs must be included in the county facilities payment, and the county generally pays those amounts from the courthouse construction fund if the lease and funding conditions are met.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 5. County Facilities Payment [70351 - 70370] ( Article 5 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## 70359. (a) Court facilities rental or leasing, except to the extent included as a court operation in Rule 10.810 of the California Rules of Court, shall be included in the county facilities payment using as the initial amount the annual amount for the lease for the fiscal year of the date of transfer of those court facilities to the state. (b) The amount computed under subdivision (a) shall be adjusted annually for each remaining year in the lease to reflect the changed annualized amount for the lease for each year remaining on the lease. A lease amount in the final year of any lease entered into or renewed on or after October 2, 2001, shall represent a good faith relationship to the fair market value of the facilities either at the time of the making of the lease or the time of determination of the final year lease amount. (c) The adjustment of the amount pursuant to subdivision (b) shall not permit either the county or the Judicial Council to appeal the county facilities payment amount under Section 70366 or 70367, except as to any issues directly related to the adjustment made by subdivision (b). (d) The amount of any lease included in the county facilities payment amount shall, unless otherwise agreed to by the Administrative Director of the Courts and the county, be paid by the county from the county’s courthouse construction fund, if the lease was originally entered into prior to July 1, 2002, and to the extent the lease was funded in whole or in part by the courthouse construction fund prior to July 1, 2002. The length of time payment that may be made from the courthouse construction fund is to be calculated by the length of the lease entered into before July 1, 2002, plus any one renewal or extension of not more than five years entered into on or after July 2, 2002. The Administrative Director of the Courts may agree to a longer time for payment from the courthouse construction fund. (Amended by Stats. 2007, Ch. 130, Sec. 134. Effective January 1, 2008.)
  5. 70360.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 5. County Facilities Payment [70351 - 70370] ( Article 5 added by Stats. 2002, Ch. 1082, Sec. 4. )

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    The county facilities payment calculation may not include certain listed costs and projects.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 5. County Facilities Payment [70351 - 70370] ( Article 5 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## 70360. Calculation of the county facilities payment may not include any of the following: (a) Purchase of land and buildings. (b) Construction and construction services. (c) Maintenance of parking for the general public whose responsibility is not transferred and that may also be used by the courts or jurors. (d) Depreciation of court facilities. (e) Costs associated with court facilities or a portion of the facilities that is not transferred to the state or that remains a county responsibility. (f) A capital project that alters the facilities’ function or capacity. (g) Any county payments resulting from bonded indebtedness and not normally a cost of building operation. (h) A special improvement. (Added by Stats. 2002, Ch. 1082, Sec. 4. Effective January 1, 2003.)
  6. 70361.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 5. County Facilities Payment [70351 - 70370] ( Article 5 added by Stats. 2002, Ch. 1082, Sec. 4. )

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    The Administrative Office of the Courts and the California State Association of Counties must prepare and submit county facilities payment forms and instructions for approval by the Director of Finance.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 5. County Facilities Payment [70351 - 70370] ( Article 5 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## 70361. The Administrative Office of the Courts, in consultation with the courts, and the California State Association of Counties, in consultation with the counties, shall jointly prepare forms and instructions for calculating the county facilities payment in compliance with this section and submit those forms and instructions to the Director of Finance for approval. In the event that the Administrative Office of the Courts and the California State Association of Counties are unable to agree on forms and instructions, they shall present their positions of agreement and disagreement to the Director of Finance who shall make the final determination on the forms and instructions. The proposed forms and instructions or positions of each party shall be provided to the Director of Finance no later than June 30, 2003. Upon approval by the Director of Finance, the Administrative Office of the Courts shall provide the counties and the courts with the approved forms and instructions. (Added by Stats. 2002, Ch. 1082, Sec. 4. Effective January 1, 2003.)
  7. 70362.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 5. County Facilities Payment [70351 - 70370] ( Article 5 added by Stats. 2002, Ch. 1082, Sec. 4. )

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    The Department of Finance must give the Administrative Office of the Courts specified inflation index figures and forecasts, and the Administrative Office of the Courts must recalculate county facilities payments if the final figures differ.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 5. County Facilities Payment [70351 - 70370] ( Article 5 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## 70362. (a) The Department of Finance shall provide the Administrative Office of the Courts with the base inflation index figures specified in Section 70355 for January 1996, January 1997, January 1998, January 1999, and January 2000, to be included in the approved instructions. (b) During the period from July 2003, to June 2007, inclusive, on a monthly basis, the department shall provide the Administrative Office of the Courts with a forecast of the monthly inflation index figures specified in Section 70355, using a methodology mutually agreed upon by the department, Administrative Office of the Courts, and California State Association of Counties. This forecast may be used to make a preliminary determination of the county facility payment based on the proposed and final month of transfer. (c) The department shall provide the Administrative Office of the Courts with the final revised inflation index figures specified in Section 70355 when the final data is available from the Bureau of Labor Statistics Producer Price Index. If the final inflation index figures for the month when a facility transferred from the county to the state is different than the figure used to calculate the county facility payment at the time of the transfer, the Administrative Office of the Courts shall recalculate the county facilities payment based on the final inflation index figures. (d) Notwithstanding subdivision (c) of Section 70353, any change in the final county facilities payment made pursuant to subdivision (c) shall be reflected as an adjustment to the schedule of county facilities payments at the beginning of the next fiscal year. In addition, any over or underpayment resulting from the difference between the final calculation made pursuant to subdivision (c) and the county facility payment calculation made at the time of transfer shall be reflected as a one-time adjustment to the amount of the first county facility payment owed at the beginning of the next fiscal year. (Amended by Stats. 2003, Ch. 592, Sec. 12. Effective January 1, 2004.)
  8. 70363.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 5. County Facilities Payment [70351 - 70370] ( Article 5 added by Stats. 2002, Ch. 1082, Sec. 4. )

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    Counties must calculate, certify, and send county facilities payment information, and the Department of Finance must act on the proposal within 30 days.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 5. County Facilities Payment [70351 - 70370] ( Article 5 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## 70363. Each county shall calculate the county facilities payment for each facility pursuant to Section 70351.5 or using the forms and instructions as approved and distributed pursuant to Section 70361. The county shall mail the Judicial Council and local court the actual expenditure figures and adjustments at least 90 days prior to the proposed date of transfer of responsibility for that facility. The county auditor or, at the discretion of the board of supervisors, the board shall certify the reported expenditures and indexed calculations. (a) Prior to the transfer of responsibility of each court facility from the county to the state, the Administrative Office of the Courts shall review the accuracy of the calculations. (b) The Administrative Office of the Courts and the county shall meet and discuss any differences they have concerning the calculations in an effort to reduce or eliminate any areas of disagreement. Following the discussions, the Administrative Office of the Courts shall mail the Department of Finance the proposed county facility payment and any necessary background information, including the calculations and the reported county expenditures and a summary of any disagreements between the Administrative Office of the Courts and the county regarding the payment. (c) The Department of Finance shall within 30 days of the receipt of the proposed county facilities payment from the Administrative Office of the Courts do any of the following: (1) Approve the proposed payment. (2) Approve a modified payment. (3) Request additional information from either the county or the Administrative Office of the Courts. (d) When the department has approved a county facilities payment for that facility, it shall mail the Administrative Director of the Courts the approved county facilities payment. The Administrative Office of the Courts shall mail a copy of the Department of Finance notification to the county administrative officer and the court executive officer. (Amended by Stats. 2008, Ch. 9, Sec. 4. Effective April 23, 2008.)
  9. 70365.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 5. County Facilities Payment [70351 - 70370] ( Article 5 added by Stats. 2002, Ch. 1082, Sec. 4. )

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    For mailing documents in an appeal about the county facilities payment, the county administrative officer and the Administrative Director of the Courts are the parties.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 5. County Facilities Payment [70351 - 70370] ( Article 5 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## 70365. The parties to any appeal of the determination of the county facilities payment, for purposes of the mailing of documents, are the county administrative officer, on behalf of the county, and the Administrative Director of the Courts, on behalf of both the state and the court. (Added by Stats. 2002, Ch. 1082, Sec. 4. Effective January 1, 2003.)
  10. 70366.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 5. County Facilities Payment [70351 - 70370] ( Article 5 added by Stats. 2002, Ch. 1082, Sec. 4. )

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    A county may challenge an approved county facilities payment within 30 days, and specified court finance officials must then review the challenge, comments, and recommendations and make a determination.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 5. County Facilities Payment [70351 - 70370] ( Article 5 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## 70366. (a) Within 30 days after the Administrative Office of the Courts has mailed the county the approved county facilities payment, pursuant to subdivision (d) of Section 70363, the county may submit a declaration to the Court Facilities Dispute Resolution Committee, with the mailing of copies to the other parties, that the amount is incorrect for one or more of the following reasons: (1) Expenditure data is reported incorrectly or calculated incorrectly and causes an approved county facilities payment amount that is higher than the payment should be. (2) The approved county facilities payment includes amounts that were specifically appropriated, funded, and expended by the county to fund extraordinary one-time expenditures. Extraordinary one-time expenditures do not include periodic major facility repair or maintenance including, but not limited to, reroofing or replacement of a major system component. Extraordinary one-time expenditures do include, but are not limited to, abatement of asbestos and seismic structural upgrades. (3) The approved county facilities payment includes expenses funded from grants or subventions that would not have been funded without these grants or subventions. (b) The Administrative Director of the Courts shall mail comments to the Court Facilities Dispute Resolution Committee on the county’s declaration within 30 days of the mailing of the county’s declaration, with the mailing to the other parties. (c) Within 90 days of receipt of comments pursuant to subdivision (b), the Court Facilities Dispute Resolution Committee shall review the declarations and comments received, and make its recommendation to the Director of Finance concerning correction of any errors and, if necessary, adjustment of the amount of the county facilities payment. The Court Facilities Dispute Resolution Committee shall mail a copy of its recommendation to all the parties. (d) The Director of Finance or his or her designee shall review the recommendations of the Court Facilities Dispute Resolution Committee and make his or her determination concerning any correction of errors and, if necessary, adjustment of the amount of the county facilities payment. The director shall mail a copy of his or her determination on all the parties. (Amended by Stats. 2003, Ch. 592, Sec. 13. Effective January 1, 2004.)
  11. 70367.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 5. County Facilities Payment [70351 - 70370] ( Article 5 added by Stats. 2002, Ch. 1082, Sec. 4. )

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    This section sets deadlines for the county, the Administrative Director of the Courts, the Court Facilities Dispute Resolution Committee, and the Director of Finance in the county facilities payment dispute process.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 5. County Facilities Payment [70351 - 70370] ( Article 5 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## 70367. (a) Within 30 days after the Administrative Director of the Courts has mailed to the county, pursuant to subdivision (d) of Section 70363, the approved county facilities payment, the Administrative Director of the Courts may submit a declaration to the Court Facilities Dispute Resolution Committee, with copies mailed to the other parties, that the amount is incorrect because the county failed to report court facilities expenses paid by the county which reduced the amount of the approved county facilities payment. (b) The county shall mail its comments to the Court Facilities Dispute Resolution Committee on the administrative director’s declaration within 30 days of the mailing of the administrative director’s declaration, with copies mailed to the other parties. (c) Within 90 days of receipt of comments pursuant to subdivision (b), the Court Facilities Dispute Resolution Committee shall review the declarations and comments received, and make its recommendation to the Director of Finance concerning correction of any errors and, if necessary, an adjustment of the amount of the county facilities payment. The Court Facilities Dispute Resolution Committee shall mail a copy of its recommendation to all the parties. (d) The Director of Finance or his or her designee shall review the recommendations of the Court Facilities Dispute Resolution Committee and make his or her determination concerning any correction of errors and, if necessary, an adjustment of the amount of the county facilities payment. The director shall serve a copy of his or her determination on all the parties. (Amended by Stats. 2005, Ch. 22, Sec. 109. Effective January 1, 2006.)
  12. 70368.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 5. County Facilities Payment [70351 - 70370] ( Article 5 added by Stats. 2002, Ch. 1082, Sec. 4. )

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    Counties must calculate a separate county facilities payment for each affected court-facility building, using the proposed transfer date for inflation calculations, and the payment must be adjusted if the actual transfer date differs.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 5. County Facilities Payment [70351 - 70370] ( Article 5 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## 70368. The county shall initially compute a separate county facilities payment for each building containing court facilities whose responsibility is transferred to the Judicial Council using the proposed date of transfer of responsibility for those court facilities as the date for computing inflation under Sections 70356, 70357, and 70358. The county’s responsibility for the county facilities payment for those facilities commences upon the actual date of transfer of responsibility for those facilities. If the actual date of transfer of responsibility for a facility is different than the proposed date of transfer, upon which the county facilities payment is calculated, the Administrative Office of the Courts shall adjust the amount of the county facilities payment by applying the inflation index figures for that county for the actual date of transfer, as provided in Section 70362, to the approved county facilities payment. The amount of any county facilities payment that takes effect after the beginning of a fiscal year shall be prorated for the amount remaining in that fiscal year. In no event shall a county have any responsibility for a court facility payment prior to the effective date of the transfer of responsibility for a facility. (Added by Stats. 2002, Ch. 1082, Sec. 4. Effective January 1, 2003.)
  13. 70369.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 5. County Facilities Payment [70351 - 70370] ( Article 5 added by Stats. 2002, Ch. 1082, Sec. 4. )

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    When this article requires mailing a notice or other document, any mailing method equivalent to first-class mail may be used.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 5. County Facilities Payment [70351 - 70370] ( Article 5 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## 70369. Where mail of notice or any other document is required by this article, any method of mailing equivalent to first-class mail may be used. The computation of time based on mailing under this article is based on the date the item was deposited in the mail. (Added by Stats. 2002, Ch. 1082, Sec. 4. Effective January 1, 2003.)
  14. 70370.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 5. County Facilities Payment [70351 - 70370] ( Article 5 added by Stats. 2002, Ch. 1082, Sec. 4. )

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    If the county’s calculated amount goes up, the county must pay the state the difference; if it goes down, the state must pay the county the difference.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 5. County Facilities Payment [70351 - 70370] ( Article 5 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## 70370. If the amount computed by the county under Section 70368 is increased pursuant to this article, the county shall pay the state the difference relating back to the initial date payment was due under Section 70368. If the amount computed by the county under Section 70368 is reduced pursuant to this article, the state shall pay the county the difference relating back to the initial date payment was due under Section 70368. Upon agreement between the county and state, any amount due under this section may be made by an addition or reduction in the next scheduled county facilities payment. (Added by Stats. 2002, Ch. 1082, Sec. 4. Effective January 1, 2003.)
  15. 70371.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 6. State Court Facilities Construction Fund [70371 - 70379] ( Article 6 added by Stats. 2002, Ch. 1082, Sec. 4. )

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    This section creates the State Court Facilities Construction Fund, ends the Immediate and Critical Needs Account, and shifts its assets, revenues, liabilities, and related references to the new fund.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 6. State Court Facilities Construction Fund [70371 - 70379] ( Article 6 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## 70371. (a) There is hereby established the State Court Facilities Construction Fund, the proceeds of which shall be subject to the provisions of this article. Improvement of the court facilities and the construction funds generated by this article are intended to further reasonable access to the courts and judicial process throughout the state for all parties. (b) The State Court Facilities Construction Fund is the successor fund of the Immediate and Critical Needs Account, which is hereby abolished. All assets and revenues of the Immediate and Critical Needs Account shall be transferred to and become a part of the State Court Facilities Construction Fund. Outstanding liabilities, encumbrances, and legally required expenditures from the Immediate and Critical Needs Account shall be the obligation of the State Court Facilities Construction Fund. Any reference in state law, bond documents, leases, or other agreements to the Immediate and Critical Needs Account shall be construed to refer to the State Court Facilities Construction Fund. (c) Any funds in the Immediate and Critical Needs Account that are unencumbered at the end of the 2020–2021 fiscal year shall be reappropriated to the State Court Facilities Construction Fund for the following fiscal year. (d) Moneys deposited in the State Court Facilities Construction Fund as the successor fund to the Immediate and Critical Needs Account shall be disbursed for purposes previously appropriated from the Immediate and Critical Needs Account, which may include: (1) The planning, design, construction, rehabilitation, renovation, replacement, or acquisition of court facilities. (2) Payment or repayment for moneys appropriated for lease of court facilities pursuant to the issuance of lease-revenue bonds. (3) Payment for lease or rental of court facilities or payment of service contracts, including those made for facilities in which one or more private sector participants or counties undertake some of the risks associated with the financing, design, construction, or operation of the facility. (4) For trial court operations, as defined in Section 77003. (Amended by Stats. 2021, Ch. 79, Sec. 17. (AB 143) Effective July 16, 2021.)
  16. 70371.6.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 6. State Court Facilities Construction Fund [70371 - 70379] ( Article 6 added by Stats. 2002, Ch. 1082, Sec. 4. )

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    The Judicial Council may acquire sites to replace deficient court facilities in specified counties, subject to the listed plan-based identification.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 6. State Court Facilities Construction Fund [70371 - 70379] ( Article 6 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## 70371.6. The Judicial Council is authorized to acquire sites for the replacement of deficient court facilities within the Counties of Butte (New North County Courthouse), Los Angeles (New Southeast Los Angeles Courthouse), Tehama (New Red Bluff Courthouse), and Yolo (New Woodland Courthouse), as identified in the Immediate Needs Priority Group identified by the Judicial Branch Five-Year Infrastructure Plan, as adopted by the Judicial Council on April 25, 2008. (Added by Stats. 2008, Ch. 311, Sec. 5.5. Effective January 1, 2009.)
  17. 70371.7.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 6. State Court Facilities Construction Fund [70371 - 70379] ( Article 6 added by Stats. 2002, Ch. 1082, Sec. 4. )

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    The Judicial Council must submit specified reports before seeking project approval, and it may acquire real property and complete preliminary plans only when funding and scope-and-cost conditions are met or when the committee does not act within 30 days.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 6. State Court Facilities Construction Fund [70371 - 70379] ( Article 6 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## 70371.7. (a) Prior to seeking the State Public Works Board establishment of the scope and cost, the Judicial Council shall submit a report to the Joint Legislative Budget Committee describing the scope, budget, schedule, number of courtrooms, number of secure holding cells, and square footage of administrative support space to be constructed or renovated. If the Joint Legislative Budget Committee fails to take any action with respect to each report within 30 days after submittal, this inaction shall be deemed to be approval for the purposes of this section, and the Judicial Council is authorized to proceed to acquire real property and complete preliminary plans. (b) (1) Upon certification of the availability of funds within the State Court Facilities Construction Fund and the establishment of the project scope and cost by the State Public Works Board, notwithstanding any other provision of law, the Judicial Council is authorized to acquire real property and to complete preliminary plans for the superior court capital outlay projects adopted by the Judicial Council on October 24, 2008, identified in the Update to Trial Court Capital-Outlay Plan and Prioritization Methodology, or most recent version thereof. (2) It is the intent of the Legislature that funding for working drawings and construction be appropriated in the next annual Budget Act following approval by the State Public Works Board of preliminary plans completed pursuant to paragraph (1). (3) The scope and cost of the projects, including augmentations, authorized by this section shall be subject to approval and administrative oversight by the State Public Works Board pursuant to Section 13332.11 or 13332.19. For purposes of this section, the availability of an augmentation for each individual project shall be calculated based on the total capital outlay cost as established by the board. (c) (1) The Judicial Council shall submit to the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget a long-term fund condition statement for the State Court Facilities Construction Fund in conjunction with any future funding request for capital outlay to demonstrate that there is sufficient revenue to fully support all existing debt or capital outlay obligations as well as the full project cost for the proposed project for which the Judicial Council requests funding. (2) This subdivision shall not apply to a capital outlay request pertaining to the construction of the new court facility projects approved in the Budget Act of 2018. (Amended by Stats. 2021, Ch. 79, Sec. 19. (AB 143) Effective July 16, 2021.)
  18. 70371.9.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 6. State Court Facilities Construction Fund [70371 - 70379] ( Article 6 added by Stats. 2002, Ch. 1082, Sec. 4. )

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    The Judicial Council must reassess certain court facility projects and submit that reassessment to legislative budget committees by December 31, 2019.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 6. State Court Facilities Construction Fund [70371 - 70379] ( Article 6 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## 70371.9. (a) (1) The Judicial Council shall conduct, or contract with an independent contractor to conduct, a reassessment of those projects identified in its Update to Trial Court Capital-Outlay Plan and Prioritization Methodology adopted on October 24, 2008, or the most recent version of that update, if any. Other projects may be included for reassessment at the discretion of the Judicial Council. The reassessment shall be submitted to the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget by December 31, 2019. (2) The Judicial Council may exclude from the reassessment those projects that were canceled prior to June 30, 2018, and those that were approved in the Budget Act of 2018. (b) A project subject to this section shall be reassessed and ranked, at minimum, on each of the following: (1) The criteria identified in the Update to Trial Court Capital-Outlay Plan and Prioritization Methodology adopted on October 24, 2008, or the most recent version of that update, if any. (2) The level of seismic risk, environmental hazards, and other health and safety hazards. (3) The impact on court users, including, but not limited to, the level of public access to court services, such as accessibility to the courthouse. (4) The cost avoidance or savings that would be achieved due to the project through operational or organizational efficiencies created for the court or the state. (5) Ways to minimize increased ongoing costs, including, but not limited to, trial court security and operating and maintenance costs. (6) A comparison of the cost to repair or renovate the existing facility versus the cost of replacement. (7) The projected cost of each proposed project, per court user. (8) The total costs spent on the project as of the date of the assessment. (Amended by Stats. 2019, Ch. 497, Sec. 149. (AB 991) Effective January 1, 2020.)
  19. 70372.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 6. State Court Facilities Construction Fund [70371 - 70379] ( Article 6 added by Stats. 2002, Ch. 1082, Sec. 4. )

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    This section imposes a state court construction penalty on criminal fines and a separate $4.50 parking-related penalty, with listed exceptions and collection/transmittal duties.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 6. State Court Facilities Construction Fund [70371 - 70379] ( Article 6 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## 70372. (a) (1) Except as otherwise provided in this article, there shall be levied a state court construction penalty, in the amount of five dollars ($5) for every ten dollars ($10), or part of ten dollars ($10), upon every fine, penalty, or forfeiture imposed and collected by the courts for all criminal offenses, including, but not limited to, all offenses involving a violation of a section of the Fish and Game Code, the Health and Safety Code, or the Vehicle Code or any local ordinance adopted pursuant to the Vehicle Code. This penalty is in addition to any other state or local penalty, including, but not limited to, the penalty provided by Section 1464 of the Penal Code and Section 76000. (2) This construction penalty does not apply to the following: (A) Any restitution fine. (B) Any penalty authorized by Section 1464 of the Penal Code or Chapter 12 (commencing with Section 76000) of Title 8. (C) Any parking offense subject to Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code. (D) The state surcharge authorized by Section 1465.7 of the Penal Code. (3) Any bail schedule adopted pursuant to Section 1269b of the Penal Code or adopted by the Judicial Council pursuant to Section 40310 of the Vehicle Code may include the necessary amount to pay the penalty established by this section, the penalties authorized by Section 1464 of the Penal Code and Chapter 12 (commencing with Section 76000) of Title 8, and the surcharge authorized by Section 1465.7 of the Penal Code for all matters where a personal appearance is not mandatory and the bail is posted primarily to guarantee payment of the fine. After a determination by the court of the amount due, the clerk of the court shall collect the penalty and transmit it immediately to the county treasury and the county treasurer shall transmit these sums as provided in subdivision (f). (b) In addition to the penalty provided by subdivision (a), for every parking offense where a parking penalty, fine, or forfeiture is imposed, an added state court construction penalty of four dollars and fifty cents ($4.50) shall be included in the total penalty, fine, or forfeiture. These moneys shall be taken from fines and forfeitures deposited with the county treasurer prior to any division pursuant to Section 1462.3 or 1463.009 of the Penal Code. In those cities, districts, or other issuing agencies which elect to accept parking penalties, and otherwise process parking violations pursuant to Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code, that city, district, or issuing agency shall observe the increased bail amounts as established by the court reflecting the added penalty provided for by this subdivision. Each agency that elects to process parking violations shall pay to the county treasurer four dollars and fifty cents ($4.50) for the parking penalty imposed by this subdivision for each violation that is not filed in court. Those payments to the county treasurer shall be made monthly, and the county treasurer shall transmit these sums as provided in paragraph (2) of subdivision (f). In the event these payments were deposited in a local courthouse construction fund and expended pursuant to the provisions of Chapter 592 of the Statutes of 2003, no county or processing agency shall be liable for the failure to transmit the payments to the Controller during the 2008 calendar year. (c) If multiple offenses are involved, the state court construction penalty under subdivision (a) shall be based upon the total fine or bail for each case. If a fine is suspended, in whole or in part, the state court construction penalty under subdivision (a) shall be reduced in proportion to the suspension. (d) If any deposited bail is made for an offense to which this section applies, and for which a court appearance is not mandatory, the person making the deposit shall also deposit a sufficient amount to include the state court construction penalty prescribed by subdivision (a) for forfeited bail. If bail is returned, the state court construction penalty paid thereon pursuant to subdivision (a) shall also be returned. (e) In any case where a person convicted of any offense, to which this section applies, is in prison until the fine is satisfied, the judge may waive all or any part of the state court construction penalty, the payment of which would work a hardship on the person convicted or their immediate family. (f) Within 45 days after the end of the month that moneys are deposited in the county treasury pursuant to subdivisions (a) and (b), the county treasurer shall transmit the moneys to the Controller to be deposited into the State Court Facilities Construction Fund. (Amended by Stats. 2021, Ch. 79, Sec. 21. (AB 143) Effective July 16, 2021.)
  20. 70373.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 6. State Court Facilities Construction Fund [70371 - 70379] ( Article 6 added by Stats. 2002, Ch. 1082, Sec. 4. )

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    This section requires a court facilities assessment on covered convictions, sets the amount, and directs how the money must be collected and deposited.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 6. State Court Facilities Construction Fund [70371 - 70379] ( Article 6 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## 70373. (a) (1) To ensure and maintain adequate funding for court facilities, an assessment shall be imposed on every conviction for a criminal offense, including a traffic offense, except parking offenses as defined in subdivision (i) of Section 1463 of the Penal Code, involving a violation of a section of the Vehicle Code or any local ordinance adopted pursuant to the Vehicle Code. The assessment shall be imposed in the amount of thirty dollars ($30) for each misdemeanor or felony and in the amount of thirty-five dollars ($35) for each infraction. (2) For the purposes of this section, “conviction” includes the dismissal of a traffic violation on the condition that the defendant attend a court-ordered traffic violator school, as authorized by Sections 41501 and 42005 of the Vehicle Code. This assessment shall be deposited in accordance with subdivision (d), and may not be included with the fee calculated and distributed pursuant to Section 42007 of the Vehicle Code. (b) This assessment shall be in addition to the state penalty assessed pursuant to Section 1464 of the Penal Code and may not be included in the base fine to calculate the state penalty assessment as specified in subdivision (a) of Section 1464 of the Penal Code. The penalties authorized by Chapter 12 (commencing with Section 76000), and the state surcharge authorized by Section 1465.7 of the Penal Code, do not apply to this assessment. (c) When bail is deposited for an offense to which this section applies, and for which a court appearance is not necessary, the person making the deposit also shall deposit a sufficient amount to include the assessment prescribed by this section. (d) Notwithstanding any other law, the assessments collected pursuant to subdivision (a) shall all be deposited in a special account in the county treasury and transmitted therefrom monthly to the Controller for deposit in the State Court Facilities Construction Fund, established in Section 70371. (e) The Judicial Council shall provide for the administration of this section. (Amended by Stats. 2021, Ch. 79, Sec. 22. (AB 143) Effective July 16, 2021.)
  21. 70374.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 6. State Court Facilities Construction Fund [70371 - 70379] ( Article 6 added by Stats. 2002, Ch. 1082, Sec. 4. )

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    This section requires the Judicial Council to make an annual spending recommendation for fund-backed projects and limits how State Court Facilities Construction Fund money may be used.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 6. State Court Facilities Construction Fund [70371 - 70379] ( Article 6 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## 70374. (a) The Judicial Council shall annually recommend to the Governor and the Legislature the amount proposed to be spent for projects paid for with moneys in the State Court Facilities Construction Fund. The use of the appropriated moneys is subject to subdivision (l) of Section 70391. (b) Acquisition and construction of court facilities shall be subject to the State Building Construction Act of 1955 (Part 10b (commencing with Section 15800) of Division 3 of Title 2) and the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2), except that (1) notwithstanding any other provision of law, the Administrative Office of the Courts shall serve as an implementing agency upon approval of the Department of Finance, and (2) the provisions of subdivision (e) shall prevail. Acquisition and construction of facilities are not subject to the provisions of the Public Contract Code, but shall be subject to facilities contracting policies and procedures adopted by the Judicial Council after consultation and review by the Department of Finance. (c) Moneys in the State Court Facilities Construction Fund shall only be used for either of the following: (1) The planning, design, construction, rehabilitation, renovation, replacement, leasing, or acquisition of court facilities, as defined by subdivision (d) of Section 70301. (2) The rehabilitation of one or more existing court facilities in conjunction with the construction, acquisition, or financing of one or more new court facilities. (d) The following provisions shall prevail over provisions of the State Building Construction Act of 1955 (Part 10b (commencing with Section 15800) of Division 3 of Title 2) in regard to buildings subject to this section. (1) The Administrative Office of the Courts shall be responsible for the operation, including, but not limited to, the maintenance and repair, of all court facilities whose title is held by the state. The operation of buildings under this section shall be the responsibility of the Judicial Council. (2) Notwithstanding Section 15808.1, the Judicial Council shall have the responsibility for determining whether a building under the act shall be located within or outside of an existing public transit corridor. (3) The buildings under this section are subject to Section 15814.12 concerning cogeneration and alternative energy sources at the request of, or with the consent of, the Judicial Council. Any building acquired by the state pursuant to this section on or before July 1, 2007, is not subject to subdivision (b) of Section 15814.12 concerning the acquisition of cogeneration or alternative energy equipment if the building, when acquired, already had cogeneration or alternative energy equipment. Section 15814.17 only applies to buildings to which the Judicial Council has given its consent under subdivision (a) of Section 15814.12. (Amended by Stats. 2021, Ch. 79, Sec. 23. (AB 143) Effective July 16, 2021.)
  22. 70374.2.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 6. State Court Facilities Construction Fund [70371 - 70379] ( Article 6 added by Stats. 2002, Ch. 1082, Sec. 4. )

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    The Judicial Council may not commit extra spending from the State Court Facilities Construction Fund above the amount in the 2007 Budget Act unless the spending is replaced with increased funds.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 6. State Court Facilities Construction Fund [70371 - 70379] ( Article 6 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## 70374.2. Notwithstanding subdivision (d) of Section 70374, in order to ensure that funding is available to support the construction of the new court facility projects approved in the Budget Act of 2007, the Judicial Council shall not commit to additional expenditures from the State Court Facilities Construction Fund above the amount appropriated in the Budget Act of 2007 unless the expenditures are replaced with increased funds to the fund. (Added by Stats. 2007, Ch. 176, Sec. 58. Effective August 24, 2007.)
  23. 70375.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 6. State Court Facilities Construction Fund [70371 - 70379] ( Article 6 added by Stats. 2002, Ch. 1082, Sec. 4. )

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    This section sets the article’s effective date and says when the fund, penalty, and fee assessment begin operating, and it also limits when certain penalty and fee authorities expire.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 6. State Court Facilities Construction Fund [70371 - 70379] ( Article 6 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## 70375. (a) This article shall take effect on January 1, 2003, and the fund, penalty, and fee assessment established by this article shall become operative on January 1, 2003, except as otherwise provided in this article. (b) The authority for all of the following shall expire proportionally on the June 30th following the date of transfer of responsibility for facilities from the county to the Judicial Council, except so long as money is needed to pay for construction provided for in those sections and undertaken prior to the transfer of responsibility for facilities from the county to the Judicial Council: (1) An additional penalty for a local courthouse construction fund established pursuant to Section 76100. (2) A filing fee surcharge in the County of Riverside established pursuant to Section 70622. (3) A filing fee surcharge in the County of San Bernardino established pursuant to Section 70624. (4) A filing fee surcharge in the City and County of San Francisco established pursuant to Section 70625. (c) For purposes of subdivision (c), the term “proportionally” means that proportion of the fee or surcharge that shall expire upon the transfer of responsibility for a facility that is the same proportion as the square footage that facility bears to the total square footage of court facilities in that county. (Amended by Stats. 2010, Ch. 709, Sec. 4. (SB 1062) Effective January 1, 2011.)
  24. 70376.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 6. State Court Facilities Construction Fund [70371 - 70379] ( Article 6 added by Stats. 2002, Ch. 1082, Sec. 4. )

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    The Legislature says courthouse alteration, renovation, and construction should be funded from the State Court Facilities Construction Fund, with additional state money as needed.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 6. State Court Facilities Construction Fund [70371 - 70379] ( Article 6 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## 70376. It is the intent of the Legislature that funding for courthouse alteration, renovation, and construction be funded by money in the State Court Facilities Construction Fund and additional money as necessary from the state. (Added by Stats. 2002, Ch. 1082, Sec. 4. Effective January 1, 2003.)
  25. 70377.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 6. State Court Facilities Construction Fund [70371 - 70379] ( Article 6 added by Stats. 2002, Ch. 1082, Sec. 4. )

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    Counties, city and counties, and courts must remit certain collected amounts to the State Treasurer within 45 days after month-end, with remittance advice. Late payments are delinquent and trigger interest and penalties; the Controller calculates them and may allow a payment schedule.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 6. State Court Facilities Construction Fund [70371 - 70379] ( Article 6 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## 70377. (a) Amounts required to be transmitted by a county, city and county, or court to the state pursuant to this section shall be remitted to the State Treasurer no later than 45 days after the end of the month in which the fees, assessments, or penalties were collected. This remittance shall be accompanied by remittance advice identifying the collection month and that the remittance is to be deposited into the State Court Facilities Construction Fund. Any remittance made later than this time shall be considered delinquent and subject to the interest and penalties specified in this section. (b) Upon receipt of delinquent payment required pursuant to this section, the Controller shall do the following: (1) Calculate the interest on the delinquent payment by multiplying the amount of the delinquent payment at a daily rate equivalent to the rate of return on money deposited in the Local Agency Investment Fund pursuant to Section 16429.1 from the date the payment was originally due to either 30 days after the date of the issuance by the Controller of the final audit report concerning the failure to pay or the date of payment by the entity responsible for the delinquent payment, whichever comes first. In calculating the interest under this paragraph, the Controller shall apply the average monthly Local Agency Investment Fund rate over the period of delinquency. (2) Calculate a penalty at a daily rate equivalent to 11/2 percent per month from the date 30 days after the date of the issuance by the Controller of the final audit report concerning the failure to pay. (c) Interest or penalty amounts calculated pursuant to subdivision (b) shall be paid by the county, city and county, or court to the State Court Facilities Construction Fund no later than 45 days after the end of the month in which the interest or penalty was calculated. Payment shall be made by the entity responsible for the error or other action that caused the failure to pay, as determined by the Controller in a notice given to that party by the Controller. (d) Notwithstanding Section 77009, the court may pay any penalty or interest imposed pursuant to this section due to an error or other action by the court from money received from the Trial Court Trust Fund. This section does not require an increase in a court’s allocation from the Trial Court Trust Fund. (e) The Controller may permit a county, city and county, or court to pay the interest or penalty amounts according to a payment schedule in the event of a large interest or penalty amount that causes a hardship to the paying entity. (f) The party responsible for the error or other action that caused the failure to pay may include, but is not limited to, the party that collected the funds who is not the party responsible for remitting the funds to the State Court Facilities Construction Fund, if the collecting party failed to provide or delayed providing the remitting party with sufficient information needed by the remitting party to distribute the funds. (g) The changes made to this section by Chapter 452 of the Statutes of 2013 shall apply to all delinquent payments for which the Controller has not issued a final audit before January 1, 2014. (Amended by Stats. 2021, Ch. 79, Sec. 24. (AB 143) Effective July 16, 2021.)
  26. 70378.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 6. State Court Facilities Construction Fund [70371 - 70379] ( Article 6 added by Stats. 2002, Ch. 1082, Sec. 4. )

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    The State Court Facilities Construction Fund must be invested in the Surplus Money Investment Fund, and earned interest must be allocated back to the Fund semiannually, subject to other provisions in the article.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 6. State Court Facilities Construction Fund [70371 - 70379] ( Article 6 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## 70378. The State Court Facilities Construction Fund shall be invested in the Surplus Money Investment Fund and all interest earned shall be allocated to the State Court Facilities Construction Fund semiannually and shall be allocated as otherwise provided in this article. (Added by Stats. 2002, Ch. 1082, Sec. 4. Effective January 1, 2003.)
  27. 70379.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 6. State Court Facilities Construction Fund [70371 - 70379] ( Article 6 added by Stats. 2002, Ch. 1082, Sec. 4. )

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    This section creates the Court Facilities Architecture Revolving Fund in the State Treasury and says money can be transferred or deposited into it only with Department of Finance approval and Administrative Office of the Courts authorization.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 6. State Court Facilities Construction Fund [70371 - 70379] ( Article 6 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## 70379. (a) The Court Facilities Architecture Revolving Fund is hereby established in the State Treasury, and, notwithstanding Section 13340, the fund is continuously appropriated, without regard to fiscal years. (1) With the approval of the Department of Finance, and except as otherwise specified in this section, there shall be transferred to, or deposited in, the fund all money appropriated, contributed, or made available from any source, including sources other than state appropriations, for the purposes described in paragraph (2). (2) Moneys transferred to, or deposited in, the fund shall be those administered by the Administrative Office of the Courts under subdivision (b) of Section 70374 for the construction, alteration, repair, and improvement of trial and appellate court buildings, including, but not limited to, services, new construction, major construction, minor construction, maintenance, improvements, and equipment, and other building and improvement projects. (3) In addition to the approval of the Department of Finance, the transfer or deposit of moneys into the fund shall be authorized by the Administrative Office of the Courts, both with regard to funds appropriated for the purposes specified in paragraph (2) or, as to funds from sources other than state appropriations, subject to any written agreement between the contributor or contributors of funds and the Administrative Office of the Courts. (b) Money from state sources transferred to, or deposited in, the fund for construction, services, equipment, repair, or improvement shall be an amount necessary based on the actual, known, or firm fixed price, upon approval of the Department of Finance. Any amount available in the state appropriation that is in excess of the amount necessary based upon final actual costs of the completed contract shall be transferred immediately to the credit of the fund from which the appropriation was made. (c) Money transferred or deposited in the fund pursuant to subdivision (a) shall be available for expenditure by the Administrative Office of the Courts for the purposes for which appropriated, contributed, or made available, without regard to fiscal years. (Added by Stats. 2004, Ch. 249, Sec. 2. Effective August 23, 2004.)
  28. 70391.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 7. Authority and Responsibility [70391 - 70397.2] ( Article 7 added by Stats. 2002, Ch. 1082, Sec. 4. )

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    The Judicial Council has broad responsibility and authority over court facilities, including management, disposal of surplus facilities, planning, funding requests, audits, and consultation with county and local court officials.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 7. Authority and Responsibility [70391 - 70397.2] ( Article 7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## 70391. The Judicial Council, as the policymaking body for the judicial branch, shall have the following responsibilities and authorities with regard to court facilities, in addition to any other responsibilities or authorities established by law: (a) Exercise full responsibility, jurisdiction, control, and authority as an owner would have over trial court facilities the title of which is held by the state, including, but not limited to, the acquisition and development of facilities. (b) Exercise the full range of policymaking authority over trial court facilities, including, but not limited to, planning, construction, acquisition, and operation, to the extent not expressly otherwise limited by law. (c) Dispose of surplus court facilities following the transfer of responsibility under Article 3 (commencing with Section 70321), subject to all of the following: (1) If the property was a court facility previously the responsibility of the county, the Judicial Council shall comply with the requirements of Section 11011, and as follows, except that, notwithstanding any other provision of law, the proportion of the net proceeds that represents the proportion of other state funds used on the property other than for operation and maintenance shall be returned to the fund from which it came and the remainder of the proceeds shall be deposited in the State Court Facilities Construction Fund. (2) The Judicial Council shall consult with the county concerning the disposition of the facility. Notwithstanding any other law, including Section 11011, when requested by the transferring county, a surplus facility shall be offered to that county at fair market value prior to being offered to another state agency or local government agency. (3) The Judicial Council shall consider whether the potential new or planned use of the facility: (A) Is compatible with the use of other adjacent public buildings. (B) Unreasonably departs from the historic or local character of the surrounding property or local community. (C) Has a negative impact on the local community. (D) Unreasonably interferes with other governmental agencies that use or are located in or adjacent to the building containing the court facility. (E) Is of sufficient benefit to outweigh the public good in maintaining it as a court facility or building. (4) All funds received for disposal of surplus court facilities shall be deposited by the Judicial Council in the State Court Facilities Construction Fund. (5) If the facility was acquired, rehabilitated, or constructed, in whole or in part, with moneys in the State Court Facilities Construction Fund that were deposited in that fund from the state fund, any funds received for disposal of that facility shall be apportioned to the state fund and the State Court Facilities Construction Fund in the same proportion that the original cost of the building was paid from the state fund and other sources of the State Court Facilities Construction Fund. (6) Submission of a plan to the Legislature for the disposition of court facilities transferred to the state, prior to, or as part of, any budget submission to fund a new courthouse that will replace the existing court facilities transferred to the state. (d) Conduct audits of all of the following: (1) The collection of fees by the local courts. (2) The moneys in local courthouse construction funds established pursuant to Section 76100. (3) The collection of moneys to be transmitted to the Controller for deposit in the State Court Facilities Construction Fund, established in Section 70371. (e) Establish policies, procedures, and guidelines for ensuring that the courts have adequate and sufficient facilities, including, but not limited to, facilities planning, acquisition, construction, design, operation, and maintenance. (f) Establish and consult with local project advisory groups on the construction of new trial court facilities, including the trial court, the county, the local sheriff, state agencies, bar groups, including, but not limited to, the criminal defense bar, and members of the community. Consultation with the local sheriff in design, planning, and construction shall include the physical layout of new facilities, as it relates to court security and other security considerations, including matters relating to the safe control and transport of in-custody defendants. (g) Manage court facilities in consultation with the trial courts. (h) Allocate appropriated funds for court facilities maintenance and construction, subject to the other provisions of this chapter. (i) Manage shared-use facilities to the extent required by the agreement under Section 70343. (j) Prepare funding requests for court facility construction, repair, and maintenance. (k) Implement the design, bid, award, and construction of all court construction projects, except as delegated to others. (l) Provide for capital outlay projects that may be built with funds appropriated or otherwise available for these purposes as follows: (1) Approve five-year and master plans for each district. (2) Establish priorities for construction. (3) Recommend to the Governor and the Legislature the projects to be funded by the State Court Facilities Construction Fund. (4) Submit the cost of projects proposed to be funded to the Department of Finance for inclusion in the Governor’s Budget. (m) In carrying out its responsibilities and authority under this section, the Judicial Council shall consult with the local court for: (1) Selecting and contracting with facility consultants. (2) Preparing and reviewing architectural programs and designs for court facilities. (3) Preparing strategic master and five-year capital facilities plans. (4) Major maintenance of a facility. (Amended by Stats. 2021, Ch. 79, Sec. 25. (AB 143) Effective July 16, 2021.)
  29. 70391.5.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 7. Authority and Responsibility [70391 - 70397.2] ( Article 7 added by Stats. 2002, Ch. 1082, Sec. 4. )

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    The Judicial Council must develop performance expectations for court facility proposals, and the Director of Finance must consider certain funding-risk issues when reviewing public-private partnership proposals.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 7. Authority and Responsibility [70391 - 70397.2] ( Article 7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## 70391.5. (a) The Judicial Council shall develop performance expectations for court facility proposals, including benchmark criteria for total project life-cycle costs, project cost comparisons to traditional delivery and financing options, project risk assessments and allocations, utility and energy conservation requirements that meet or exceed state standards, and court security operations cost controls and reduction goals. The performance expectations and benchmark criteria shall be consistent with Chapter 1016 of the Statutes of 2002, Chapter 488 of the Statutes of 2006, and consistent with all current state building practices. (b) In reviewing any court facility proposal that includes a public-private partnership component, the Director of Finance shall take into consideration any terms in the proposal that could create long-term funding commitments and how those terms may be structured to minimize risk to the state’s credit ratings. Following the approval of any court facility proposal of the Director of Finance, the Judicial Council shall notify the Joint Legislative Budget Committee of the performance expectations and benchmark criteria for the proposal at least 30 days prior to the release of initial solicitation documents for a court facility project. If the Joint Legislative Budget Committee does not express any opposition or concerns, the Judicial Council may proceed with the solicitation 30 days after giving that notice. (Added by Stats. 2007, Ch. 176, Sec. 60. Effective August 24, 2007.)
  30. 70392.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 7. Authority and Responsibility [70391 - 70397.2] ( Article 7 added by Stats. 2002, Ch. 1082, Sec. 4. )

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    The Administrative Office of the Courts has authority and responsibility over trial court facilities, including oversight, management, operation, maintenance, policy implementation, master plans, construction, and delegation, subject to listed legal limits and funding.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 7. Authority and Responsibility [70391 - 70397.2] ( Article 7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## 70392. Except as otherwise specifically provided by law, the Administrative Office of the Courts shall have the following responsibilities and authority in addition to other responsibilities and authority granted by law or delegated by the Judicial Council: (a) Notwithstanding any other provision of law and subject to the appropriation of funds, provide the ongoing oversight, management, operation, and maintenance of facilities used by the trial courts, if the responsibility for the facility has been transferred to the Judicial Council pursuant to this chapter. (b) Carry out the Judicial Council’s policies with regard to trial court facilities, except as otherwise expressly limited by law. (c) Develop for Judicial Council approval the master plans for trial court facilities in each district. (d) Construction of court buildings, including, but not limited to, selection of architects and contractors, except as otherwise expressly limited by law. (e) Delegate its responsibilities and authority to the local trial court for court facilities used by that court. (Amended by Stats. 2003, Ch. 592, Sec. 19. Effective January 1, 2004.)
  31. 70393.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 7. Authority and Responsibility [70391 - 70397.2] ( Article 7 added by Stats. 2002, Ch. 1082, Sec. 4. )

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    The county has authority and responsibilities for court facilities, including managing certain shared-use buildings, recommending locations for new facilities, providing services under an agreement, and indemnifying the state for certain liabilities.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 7. Authority and Responsibility [70391 - 70397.2] ( Article 7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## 70393. The county shall have the following authority and responsibilities with regard to court facilities in addition to any other authority or responsibilities established by law: (a) Manage the shared-use buildings whose title the county retains under subdivision (b) of Section 70323. (b) Make recommendations to the court and the Judicial Council for the location of new court facilities. (c) Provide services to local court facilities as provided in the agreement entered into under Section 70322. (d) Indemnify the state for any liability imposed on the state pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.), or related provisions for conditions that existed on the property at the time of transfer whether or not known to the county. (Added by Stats. 2002, Ch. 1082, Sec. 4. Effective January 1, 2003.)
  32. 70395.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 7. Authority and Responsibility [70391 - 70397.2] ( Article 7 added by Stats. 2002, Ch. 1082, Sec. 4. )

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    The Judicial Council may sell the San Pedro superior courthouse property if specified conditions are met, and the net proceeds must go to the State Court Facilities Construction Fund.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 7. Authority and Responsibility [70391 - 70397.2] ( Article 7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## 70395. (a) Notwithstanding any other law, the Judicial Council may sell the property, at fair market value and upon the terms and conditions and subject to the reservations the Judicial Council deems in the best interests of the state, if all of the following requirements are satisfied: (1) The sale complies with Section 70391 as applicable. (2) The Judicial Council consults with the County of Los Angeles concerning the sale of the property. (3) The Judicial Council offers the County of Los Angeles the right to purchase the property at fair market value before otherwise offering the property for sale. (b) Notwithstanding any other law, the net proceeds from the sale of the property shall be deposited into the State Court Facilities Construction Fund, established by Section 70371. (c) For purposes of this act, “property” means the San Pedro superior courthouse located at 505 South Centre Street, in the City of Los Angeles and the County of Los Angeles, Assessor Parcel Number 7455-013-901. (d) The disposition of the property authorized in this section does not constitute a sale or other disposition of surplus state property within the meaning of Section 9 of Article III of the California Constitution and is not subject to subdivision (g) of Section 11011 of this code. (Amended by Stats. 2021, Ch. 79, Sec. 27. (AB 143) Effective July 16, 2021.)
  33. 70396.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 7. Authority and Responsibility [70391 - 70397.2] ( Article 7 added by Stats. 2002, Ch. 1082, Sec. 4. )

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    The Judicial Council may sell the listed property at fair market value if it meets the listed conditions.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 7. Authority and Responsibility [70391 - 70397.2] ( Article 7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## 70396. (a) Notwithstanding any other law, the Judicial Council may sell the property, at fair market value and upon the terms and conditions and subject to the reservations the Judicial Council deems in the best interests of the state, if all of the following requirements are satisfied: (1) The sale complies with Section 70391 of the Government Code, as applicable. (2) The Judicial Council consults with the county where the property is located concerning the sale of the property. (3) The Judicial Council offers the county in which the property is located the right to purchase the property at fair market value before otherwise offering the property for sale. (b) Notwithstanding any other law, the net proceeds from the sale of the property shall be deposited into the State Court Facilities Construction Fund, established by Section 70371. (c) For purposes of this act, “property” means each of the following: (1) The Clovis Courthouse located at 1011 Fifth Street in the City of Clovis, County of Fresno, Assessor Parcel Number 492-040-13T. (2) The Reedley Courthouse located at 815 G Street in the City of Reedley, County of Fresno, Assessor Parcel Number 368-010-06T. (3) The Avenal Courthouse located at 501 East Kings Street in the City of Avenal, County of Kings, Assessor Parcel Numbers 040-165-007, 040-165-011, and 040-165-012. (d) The disposition of the property authorized in this section does not constitute a sale or other disposition of surplus state property within the meaning of Section 9 of Article III of the California Constitution and shall not be subject to subdivision (g) of Section 11011 of the Government Code. (Amended by Stats. 2021, Ch. 79, Sec. 28. (AB 143) Effective July 16, 2021.)
  34. 70397.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 7. Authority and Responsibility [70391 - 70397.2] ( Article 7 added by Stats. 2002, Ch. 1082, Sec. 4. )

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    The Judicial Council may sell the listed property if it meets the stated conditions, and it must deposit the net proceeds into the State Court Facilities Construction Fund.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 7. Authority and Responsibility [70391 - 70397.2] ( Article 7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## 70397. (a) Notwithstanding any other law, the Judicial Council may sell the property, at fair market value and upon the terms and conditions and subject to the reservations the Judicial Council deems in the best interests of the state, if all of the following requirements are satisfied: (1) The sale complies with Section 70391, as applicable. (2) The Judicial Council consults with the County of Los Angeles concerning the sale of the property. (3) The Judicial Council offers the County of Los Angeles the right to purchase the property at fair market value before otherwise offering the property for sale. (b) Notwithstanding any other law, the net proceeds from the sale of the property shall be deposited into the State Court Facilities Construction Fund, established by Section 70371. (c) For purposes of this act, “property” means each of the following: (1) The West Los Angeles Courthouse located at 1633 Purdue Avenue, City of Los Angeles, County of Los Angeles, Assessor Parcel Numbers 4261-011-908, 4261-011-909, 4261-011-910, 4261-011-913, 4261-011-914, and 4261-011-915. (2) The Mental Health Courthouse located at 1150 North San Fernando Road, City of Los Angeles, County of Los Angeles, Assessor Parcel Number 5453-002-900. (d) The disposition of the property authorized in this section does not constitute a sale or other disposition of surplus state property within the meaning of Section 9 of Article III of the California Constitution and is not subject to subdivision (g) of Section 11011. (Amended by Stats. 2021, Ch. 79, Sec. 29. (AB 143) Effective July 16, 2021.)
  35. 70397.1.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 7. Authority and Responsibility [70391 - 70397.2] ( Article 7 added by Stats. 2002, Ch. 1082, Sec. 4. )

    Verify source ↗

    The Judicial Council may sell certain listed courthouse properties, but only if it follows the stated conditions.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 7. Authority and Responsibility [70391 - 70397.2] ( Article 7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## 70397.1. (a) Notwithstanding any other law, the Judicial Council may sell the property, in a fair market value transaction and upon the terms and conditions and subject to the reservations the Judicial Council deems in the best interests of the state, if all of the following requirements are satisfied: (1) The sale complies with Section 70391, as applicable. (2) The Judicial Council consults with the county in which the property is located concerning the sale of the property. (3) The Judicial Council offers the county in which the property is located the right to purchase the property in a fair market value transaction before otherwise offering the property for sale. (b) Notwithstanding any other law, the net proceeds from the sale of the property shall be deposited into the General Fund. (c) For purposes of this section, “property” means each of the following: (1) The Plumas/Sierra Regional Courthouse located at 600 South Gulling Street, City of Portola, County of Plumas, Assessor Parcel Number 126-050-046. (2) The Modesto Main Courthouse located at 800 11th Street, and the Hall of Records, located at 1100 I Street, City of Modesto, County of Stanislaus, collectively a portion of Assessor Parcel Number 105-025-001. (3) The Ceres Superior Court located at 2744 Second Street, City of Ceres, County of Stanislaus, Assessor Parcel Number 127-016-014. (d) The disposition of the property authorized in this section does not constitute a sale or other disposition of surplus state property within the meaning of Section 9 of Article III of the California Constitution and is not subject to subdivision (g) of Section 11011. (Added by Stats. 2025, Ch. 11, Sec. 5. (AB 136) Effective June 27, 2025.)
  36. 70397.2.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 7. Authority and Responsibility [70391 - 70397.2] ( Article 7 added by Stats. 2002, Ch. 1082, Sec. 4. )

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    The Judicial Council may sell the specified courthouse property, but only if it follows listed steps, including county consultation and notice to housing agencies.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 7. Authority and Responsibility [70391 - 70397.2] ( Article 7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## 70397.2. (a) Notwithstanding any other law, the Judicial Council may sell the property, in a fair market value transaction and upon the terms and conditions and subject to the reservations the Judicial Council deems in the best interests of the state, if all of the following requirements are satisfied: (1) The sale complies with Section 70391, as applicable. (2) The Judicial Council consults with the county in which the property is located concerning the sale of the property. (3) The Judicial Council offers the county in which the property is located the right to purchase the property in a fair market value transaction before otherwise offering the property for sale. (4) The Judicial Council makes the availability of the property known to the Department of Housing and Community Development for the purpose of including the property on the up-to-date listing of all notices of availability for developing low- and moderate-income housing through the state maintained by the Department of Housing and Community Development on its internet website pursuant to paragraph (2) of subdivision (a) of Section 54222. (5) The Judicial Council makes the availability of the property known to any local public entity that has jurisdiction for developing low- and moderate-income housing where the property is located. (6) Any local agency, as defined in paragraph (1) of subdivision (a) of Section 54221, that purchases the property from the Judicial Council in a fair market value transaction pursuant to this section to use the property for developing low- and moderate-income housing shall give priority to an entity that agrees to use the site for housing and proposes to provide the greatest number of units that meet the requirements of Section 54222.5 in accordance with Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5. (b) Notwithstanding any other law, the net proceeds from the sale of the property shall be deposited into the State Court Facilities Construction Fund, established by Section 70371. (c) For purposes of this section, “property” means the Gordon D. Schaber Sacramento County Courthouse located at 720 Ninth Street, City of Sacramento, County of Sacramento, Assessor Parcel Number 002-0145-026. (d) The disposition of the property authorized in this section does not constitute a sale or other disposition of surplus state property within the meaning of Section 9 of Article III of the California Constitution and is not subject to subdivision (g) of Section 11011. (Added by Stats. 2024, Ch. 973, Sec. 1. (AB 2988) Effective January 1, 2025.)
  37. 70398.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 7.1. Superior Court Design-Build Projects [70398 - 70398.7] ( Article 7.1 added by Stats. 2021, Ch. 79, Sec. 30. )

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    This section defines terms used in this article for superior court design-build projects.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 7.1. Superior Court Design-Build Projects [70398 - 70398.7] ( Article 7.1 added by Stats. 2021, Ch. 79, Sec. 30. ) ## 70398. For purposes of this article, the definitions in Section 13332.19 and the following definitions apply: (a) “Best value” means a value determined by an evaluation of objective criteria that relate to price, features, functions, life-cycle costs, experience, and past performance. A best value determination may involve the selection of the lowest cost proposal that meets the interests of the judicial branch and the objectives of the project, selection of the best proposal for a stipulated sum established by the Judicial Council, or a tradeoff between price and other specified factors. (b) “Construction subcontract” means each subcontract awarded by the design-build entity to a subcontractor that will perform work or labor or render service to the design-build entity in or about the construction of the work or improvement according to detailed drawings contained in the plans and specifications produced by the design-build team. (c) “Design-build” means a project delivery process in which both the design and the construction of a project are procured from a single entity. (d) “Design-build entity” means a corporation, limited liability company, partnership, joint venture, or other legal entity that is able to provide appropriately licensed contracting, architectural, and engineering services as needed pursuant to a design-build contract. (e) “Design-build team” means the design-build entity itself and the individuals and other entities identified by the design-build entity as members of its team. Members shall include the general contractor and, if utilized in the design of the project, all electrical, mechanical, and plumbing contractors. (Added by Stats. 2021, Ch. 79, Sec. 30. (AB 143) Effective July 16, 2021.)
  38. 70398.1.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 7.1. Superior Court Design-Build Projects [70398 - 70398.7] ( Article 7.1 added by Stats. 2021, Ch. 79, Sec. 30. )

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    The Judicial Council may procure design-build contracts for public works projects and must develop a standard organizational conflict of interest policy guideline.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 7.1. Superior Court Design-Build Projects [70398 - 70398.7] ( Article 7.1 added by Stats. 2021, Ch. 79, Sec. 30. ) ## 70398.1. (a) Subject to the provisions of this article and Section 13332.19, the Judicial Council may procure design-build contracts for public works projects. (b) The Judicial Council shall develop guidelines for a standard organizational conflict of interest policy, consistent with applicable law, regarding the ability of a person or entity that performs services for the Judicial Council relating to solicitation of a design-build project to submit a proposal as a design-build entity, or to join a design-build team. This conflict of interest policy shall apply to the Judicial Council entering into a design-build contract authorized pursuant to this article. (Added by Stats. 2021, Ch. 79, Sec. 30. (AB 143) Effective July 16, 2021.)
  39. 70398.2.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 7.1. Superior Court Design-Build Projects [70398 - 70398.7] ( Article 7.1 added by Stats. 2021, Ch. 79, Sec. 30. )

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    The Judicial Council must notify the State Public Works Board about the method for selecting the design-build entity before advertising the design-build project.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 7.1. Superior Court Design-Build Projects [70398 - 70398.7] ( Article 7.1 added by Stats. 2021, Ch. 79, Sec. 30. ) ## 70398.2. The Judicial Council shall notify the State Public Works Board regarding the method to be used for selecting the design-build entity, prior to advertising the design-build project. (Added by Stats. 2021, Ch. 79, Sec. 30. (AB 143) Effective July 16, 2021.)
  40. 70398.3.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 7.1. Superior Court Design-Build Projects [70398 - 70398.7] ( Article 7.1 added by Stats. 2021, Ch. 79, Sec. 30. )

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    This section sets out how the Judicial Council must run design-build procurement for superior court projects, including what documents and solicitations it must prepare and what award steps it must follow.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 7.1. Superior Court Design-Build Projects [70398 - 70398.7] ( Article 7.1 added by Stats. 2021, Ch. 79, Sec. 30. ) ## 70398.3. The procurement process for the design-build process shall progress as follows: (a) (1) The Judicial Council shall prepare a set of documents setting forth the scope and estimated price of the project. The documents may include, but need not be limited to, the size, type, and desired design character of the project, performance specifications covering the quality of materials, equipment, workmanship, preliminary plans or building layouts, or any other information deemed necessary to adequately describe the Judicial Council’s needs. The performance specifications and plans shall be prepared by a design professional who is duly licensed and registered in California. (2) The documents shall not include a design-build-operate contract for any project. The documents may include operations during a training or transition period, but shall not include long-term operations for any project. (b) The Judicial Council shall prepare and issue a request for qualifications (RFQ) in order to prequalify or short-list the design-build entities whose proposals will be evaluated for final selection. The RFQ shall include, but need not be limited to, the following elements: (1) Identification of the basic scope and needs of the project or contract, the expected cost range, the methodology that will be used by the Judicial Council to evaluate proposals, the procedure for final selection of the design-build entity, and any other information deemed necessary by the Judicial Council to inform interested parties of the contracting opportunity. (2) Significant factors that the Judicial Council reasonably expects to consider in evaluating qualifications, including technical design and construction expertise, and all other nonprice-related factors. (3) A standard template request for statements of qualifications, prepared by the Judicial Council. In preparing the standard template, the Judicial Council may consult with the construction industry, the building trades and surety industry, and other agencies with authorization to deliver projects using the design-build methodology. The template shall require all of the following information: (A) If the design-build entity is a privately held corporation, limited liability company, partnership, or joint venture, a listing of all of the shareholders, partners, or members known at the time the statement of qualifications is submitted who will perform work on the project. (B) Evidence that the members of the design-build team have completed, or demonstrated the experience, competency, capability, and capacity to complete, projects of similar size, scope, or complexity; that proposed key personnel have sufficient experience and training to competently manage and complete the design and construction of the project; and a financial statement that ensures that the design-build entity has the capacity to complete the project. (C) The licenses, registrations, and credentials required to design and construct the project, including, but not limited to, information on the revocation or suspension of a license, credential, or registration. (D) Evidence that establishes that the design-build entity has the capacity to obtain all required payment and performance bonding, liability insurance, and errors and omissions insurance. (E) Information concerning workers’ compensation experience history and a worker safety program. (F) If the proposed design-build entity is a corporation, limited liability company, partnership, joint venture, or other legal entity, a copy of the organization documents or agreement committing to form the organization. (G) An acceptable safety record. A proposer’s safety record shall be deemed acceptable if its experience modification rate for the most recent three-year period is an average of 1.00 or less, and its average total recordable injury or illness rate and average lost work rate for the most recent three-year period does not exceed the applicable statistical standards for its business category or, if the proposer is a party to an alternative dispute resolution system, as provided in Section 3201.5 of the Labor Code. (H) A declaration certifying that applying members of the design-build entity have not had a surety company finish work on a project within the preceding five years. (I) A declaration providing detail concerning all of the following: (i) A construction or design claim or litigation totaling more than five hundred thousand dollars ($500,000) or 5 percent of the annual value of work performed, whichever is less, settled against a member of the design-build entity in the preceding five years. (ii) Serious violations of the California Occupational Safety and Health Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of the Labor Code) settled against a member of the design-build entity. Notwithstanding subparagraph (G), the Judicial Council may find a proposer’s safety record unacceptable based on serious violations of the California Occupational Safety and Health Act of 1973. (iii) Violations of federal or state law, including, but not limited to, those laws governing the payment of wages, benefits, or personal income tax withholding, or the Federal Insurance Contributions Act (FICA) withholding requirements, state disability insurance withholding, or unemployment insurance payment requirements, settled against a member of the design-build entity in the preceding five years. For purposes of this subclause, only violations by a design-build entity member as an employer are applicable, unless it is shown that the design-build entity member, in the capacity of an employer, had knowledge of the subcontractor’s violations or failed to comply with the conditions set forth in subdivision (b) of Section 1775 of the Labor Code. (iv) Information required by Section 10162 of the Public Contract Code. (v) Violation of the Contractors’ State License Law (Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code), excluding alleged violations or complaints. (vi) Conviction of a member of the design-build entity for submitting a false or fraudulent claim to a public agency in the preceding five years. (vii) Provision of a declaration that the design-build entity will comply with all laws applicable to the project, including, but not limited to, the requirements of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. (4) (A) A declaration required under paragraph (3) shall state that reasonable diligence has been used in its preparation and that it is true and complete to the best of the signer’s knowledge. The information required under this subdivision shall be certified as true by the design-build entity and its general partners or joint venture members. A person or entity who certifies as true a material matter that the person or entity knows to be false is guilty of a misdemeanor and shall be punished by not more than one year in a county jail, by a fine of not more than five thousand dollars ($5,000), or by both the fine and imprisonment. (B) Information required under this subdivision that is not otherwise subject to disclosure under Section 68106.2 and Rule 10.500 of the California Rules of Court shall not be open to public inspection. (c) (1) A design-build entity shall not be prequalified or shortlisted unless the entity provides an enforceable commitment to the Judicial Council that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades, in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. (2) This subdivision shall not apply if any of the following requirements are met: (A) The Judicial Council has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project or contract to use a skilled and trained workforce, and the entity agrees to be bound by that project labor agreement. (B) The project or contract is being performed under the extension or renewal of a project labor agreement that was entered into by the Judicial Council prior to January 1, 2022. (C) The entity has entered into a project labor agreement that will bind the entity and all its subcontractors at every tier performing the project or contract to use a skilled and trained workforce. (3) For purposes of this subdivision, “project labor agreement” has the same meaning as in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (d) Based on the documents prepared as described in subdivision (a), the Judicial Council shall prepare a request for proposals that invites prequalified or short-listed entities to submit competitive sealed proposals in the manner prescribed by the Judicial Council. The request for proposals shall include, but need not be limited to, all of the following elements: (1) Identification of the basic scope and needs of the project or contract, the estimated cost of the project, the methodology that will be used by the Judicial Council to evaluate proposals, whether the contract will be awarded on the basis of low bid or best value, and any other information deemed necessary by the Judicial Council to inform interested parties of the contracting opportunity. (2) Significant factors that the Judicial Council reasonably expects to consider in evaluating proposals, including, but not limited to, cost or price and all nonprice-related factors. (3) The relative importance or weight assigned to each of the factors identified in the request for proposals. (4) When a best value selection method is used, the Judicial Council may reserve the right to request proposal revisions and hold discussions and negotiations with responsive proposers. The Judicial Council shall specify this reservation in the request for proposals and shall publish separately or incorporate into the request for proposals applicable procedures to be observed by the Judicial Council to ensure that any discussions or negotiations are conducted in good faith. (e) For projects using low bid as the final selection method, the competitive bidding process shall result in lump-sum bids by the prequalified or short-listed design-build entities, and awards shall be made to the design-build entity that is the lowest responsible bidder. (f) For projects using best value as a selection method, the design-build competition shall progress as follows: (1) Competitive proposals shall be evaluated by using only the criteria and selection procedures specifically identified in the request for proposals. The following minimum factors, however, shall be weighted as deemed appropriate by the Judicial Council: (A) Price, unless a stipulated sum is specified. (B) Technical design and construction expertise. (C) Life-cycle costs over 15 or more years. (2) The Judicial Council may hold discussions or negotiations with responsive proposers using the process articulated in paragraph (4) of subdivision (c). (3) When the evaluation is complete, the responsive proposers shall be ranked based on a determination of value provided. The Judicial Council is not required to rank more than three proposers. (4) The contract shall be awarded to the responsible design-build entity whose proposal is determined by the Judicial Council to have offered the best value to the public. (5) Notwithstanding any other provision of this code, upon issuance of a contract award, the Judicial Council shall publicly announce its award, identifying the design-build entity to which the award is made, along with a statement regarding the basis of the award. (6) The statement regarding the Judicial Council’s contract award described in paragraph (5) and the contract file shall provide sufficient information to satisfy an external audit. (Added by Stats. 2021, Ch. 79, Sec. 30. (AB 143) Effective July 16, 2021.)
  41. 70398.4.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 7.1. Superior Court Design-Build Projects [70398 - 70398.7] ( Article 7.1 added by Stats. 2021, Ch. 79, Sec. 30. )

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    A design-build entity must provide payment and performance bonds for the project, and the contract must require errors and omissions insurance for the design elements.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 7.1. Superior Court Design-Build Projects [70398 - 70398.7] ( Article 7.1 added by Stats. 2021, Ch. 79, Sec. 30. ) ## 70398.4. (a) The design-build entity shall provide payment and performance bonds for the project in the form and in the amount required by the Judicial Council, and issued by a California admitted surety. The amount of the payment bond shall not be less than the amount of the performance bond. (b) The design-build contract shall require errors and omissions insurance coverage for the design elements of the project. (c) The Judicial Council shall develop a standard form of payment and performance bond for its design-build projects. (Added by Stats. 2021, Ch. 79, Sec. 30. (AB 143) Effective July 16, 2021.)
  42. 70398.5.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 7.1. Superior Court Design-Build Projects [70398 - 70398.7] ( Article 7.1 added by Stats. 2021, Ch. 79, Sec. 30. )

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    The Judicial Council may identify subcontractor types to be included in bid documents, and the design-build entity must follow specified procedures when awarding certain larger construction subcontracts.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 7.1. Superior Court Design-Build Projects [70398 - 70398.7] ( Article 7.1 added by Stats. 2021, Ch. 79, Sec. 30. ) ## 70398.5. (a) The Judicial Council, in each design-build request for proposals, may identify specific types of subcontractors that must be included in the design-build entity statement of qualifications and proposal. All construction subcontractors that are identified in the proposal shall be afforded all the protections of Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of the Public Contract Code. (b) Following award of the design-build contract, the design-build entity shall award construction subcontracts with a value exceeding one-half of 1 percent of the contract price allocable to construction work as follows: (1) Provide public notice of availability of work to be subcontracted in accordance with the publication requirements applicable to the competitive bidding process of the Judicial Council, including a fixed date and time on which qualifications statements, bids, or proposals will be due. (2) Establish reasonable qualification criteria and standards. (3) Award the subcontract either on a best value basis or to the lowest responsible bidder. The process may include prequalification or short-listing. The process specified in this subdivision does not apply to construction subcontractors listed in the original proposal. Subcontractors awarded construction subcontracts under this subdivision shall be afforded all the protections of Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of the Public Contract Code. (Added by Stats. 2021, Ch. 79, Sec. 30. (AB 143) Effective July 16, 2021.)
  43. 70398.6.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 7.1. Superior Court Design-Build Projects [70398 - 70398.7] ( Article 7.1 added by Stats. 2021, Ch. 79, Sec. 30. )

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    The Judicial Council may not withhold more than 5% retention from a design-build entity when a required performance and payment bond is part of the bid solicitation.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 7.1. Superior Court Design-Build Projects [70398 - 70398.7] ( Article 7.1 added by Stats. 2021, Ch. 79, Sec. 30. ) ## 70398.6. (a) If the Judicial Council elects to award a project pursuant to this article, retention proceeds withheld by the Judicial Council from the design-build entity shall not exceed 5 percent if a performance and payment bond, issued by an admitted surety insurer, is required in the solicitation of bids. (b) In a contract between the design-build entity and a subcontractor, and in a contract between a subcontractor and a subcontractor thereunder, the percentage of the retention proceeds withheld may not exceed the percentage specified in the contract between the Judicial Council and the design-build entity. If the design-build entity provides written notice to a subcontractor that is not a member of the design-build entity, prior to or at the time the bid is requested, that a bond may be required and the subcontractor subsequently is unable or refuses to furnish a bond to the design-build entity, then the design-build entity may withhold retention proceeds in excess of the percentage specified in the contract between the Judicial Council and the design-build entity from any payment made by the design-build entity to the subcontractor. (Added by Stats. 2021, Ch. 79, Sec. 30. (AB 143) Effective July 16, 2021.)
  44. 70398.7.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 7.1. Superior Court Design-Build Projects [70398 - 70398.7] ( Article 7.1 added by Stats. 2021, Ch. 79, Sec. 30. )

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    This section says the article does not change any rights or remedies already available at law.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 7.1. Superior Court Design-Build Projects [70398 - 70398.7] ( Article 7.1 added by Stats. 2021, Ch. 79, Sec. 30. ) ## 70398.7. This article does not affect, expand, alter, or limit rights or remedies otherwise available at law. (Added by Stats. 2021, Ch. 79, Sec. 30. (AB 143) Effective July 16, 2021.)
  45. 70402.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 8. Transitional Funding [70402 - 70403] ( Article 8 added by Stats. 2002, Ch. 1082, Sec. 4. )

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    Certain courthouse construction fund balances must be transferred to the State Court Facilities Construction Fund on the specified timing rules.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 8. Transitional Funding [70402 - 70403] ( Article 8 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## 70402. (a) Any amount in a county’s courthouse construction fund established by Section 76100, a fund established by Section 70622 in the County of Riverside, a fund established by Section 70624 in the County of San Bernardino, and a fund established by Section 70625 in the City and County of San Francisco, shall be transferred to the State Court Facilities Construction Fund at the later of the following dates: (1) The date of the last transfer of responsibility for court facilities from the county to the Judicial Council or December 31, 2009, whichever is earlier. (2) The date of the final payment of the bonded indebtedness for any court facility that is paid from that fund is retired. (b) If the responsibility for one or more facilities does not transfer, the county’s courthouse construction fund shall retain that portion of the total money in the fund as the square footage of the facilities that do not transfer bears to the total square footage of court facilities in that county. (Amended by Stats. 2008, Ch. 9, Sec. 6. Effective April 23, 2008.)
  46. 70403.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 8. Transitional Funding [70402 - 70403] ( Article 8 added by Stats. 2002, Ch. 1082, Sec. 4. )

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    Counties must report courthouse construction fund receipts and expenditures, repay improper expenditures, and may appeal disputed repayment determinations; the Judicial Council must also file recurring reports to legislative committees.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 8. Transitional Funding [70402 - 70403] ( Article 8 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## 70403. (a) Each county shall submit a report to the Administrative Director of the Courts and the Director of Finance accounting for all receipts and expenditures from the local courthouse construction fund established pursuant to Section 76100 for the period from January 1, 1998, to the date of transfer of the fund pursuant to subdivision (a) of Section 70402 or December 31, 2005, whichever is earlier. (b) If the county retains the fund under subdivision (a) of Section 70325 for payment on existing bonded indebtedness of a courthouse facility, the county shall submit annual updates on all receipts and expenditures from the local courthouse construction fund, within 90 days of the end of each fiscal year, to the Administrative Director of the Courts and the Director of Finance. (c) Any expenditures made from the fund for a purpose other than those specified in Section 76100 must be repaid to the state for deposit in the State Court Facilities Construction Fund pursuant to Section 70402. Either the Administrative Director of the Courts or the Director of the Department of Finance may provide the county with notice that an expenditure made from the fund was for a purpose other than as specified in Section 76100. If the county disagrees with the determination, it may appeal the determination to the Court Facilities Dispute Resolution Committee pursuant to Section 70303. (d) On or before January 1, 2007, and on or before each January 1, thereafter, the Judicial Council shall submit a report to the budget and fiscal committees of the Legislature based on the information received from counties pursuant to this section, including any amounts required to be repaid by counties. (Amended by Stats. 2005, Ch. 410, Sec. 6. Effective January 1, 2006.)
  47. 7050.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.7. Dedication of Real Property for Public Purposes [7050- 7050.] ( Chapter 12.7 added by Stats. 1967, Ch. 1089. )

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    A recorded offer to dedicate real property for a public purpose becomes irrevocable, and the city council or county board may accept it.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.7. Dedication of Real Property for Public Purposes [7050- 7050.] ( Chapter 12.7 added by Stats. 1967, Ch. 1089. ) ## 7050. With the consent of the city, county, or city and county, as the case may be, an irrevocable offer of dedication of real property for any public purpose, including, but not limited to, streets, highways, paths, alleys, including access rights and abutter’s rights, drainage, open space, public utility or other public easements, parks, or other public places, may be made pursuant to this section. Such offer of dedication shall be executed, acknowledged, and recorded in the same manner as a conveyance of real property. Such offer of dedication, when recorded in the office of the county recorder, shall be irrevocable and may be accepted at any time by the city council of the city within which such real property is located at the time of acceptance or, if located in unincorporated territory, by the board of supervisors of the county within which such real property is located. Such offer of dedication may be terminated and the right to accept such offer abandoned in the same manner as is prescribed for the summary vacation of streets or highways by Part 3 (commencing with Section 8300) of Division 9 of the Streets and Highways Code. Such termination and abandonment may be by the city council of the city within which such real property is located or, if located in unincorporated territory, by the board of supervisors of the county within which such real property is located. The procedure prescribed by this section shall be alternative to any other procedure authorized by law. (Amended by Stats. 1980, Ch. 1050.)
  48. 70500.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 9. Conveyance: Court Facility Property: County of San Diego [70500 - 70508] ( Article 9 added by Stats. 2017, Ch. 17, Sec. 23. )

    Verify source ↗

    This section defines key terms used in the article about San Diego court-facility property and related projects.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 9. Conveyance: Court Facility Property: County of San Diego [70500 - 70508] ( Article 9 added by Stats. 2017, Ch. 17, Sec. 23. ) ## 70500. For purposes of this article, the following definitions shall apply: (a) “Central courthouse project” means the project analyzed in the Judicial Council EIR to construct the San Diego Central Courthouse and perform the demolition project. (b) “Central jail” means the county-owned central jail located at 1173 Front Street in the City of San Diego. (c) “City EIRs” means both the March 2008 City of San Diego Program Environmental Impact Report for the City of San Diego’s General Plan (State Clearinghouse No. 200691032), as updated, and the March 2006 Final Environmental Impact Report for the San Diego Downtown Community Plan (State Clearinghouse No. 2003041001), as updated. (d) “County property” means the county-owned city block in the City of San Diego bounded by West A Street to the north, Union Street to the west, West B Street to the south, and Front Street to the east. (e) “Demolition project” means the demolition of any or all improvements on the San Diego property or the county property, and the construction of the inmate tunnel. (f) “Development project” means the disposition and development of all or a portion of the San Diego property and the county property by the County of San Diego, or its successors, lessees, or agents, including any agreements therefor, in a manner consistent with the City of San Diego’s General Plan and the San Diego Downtown Community Plan. (g) “Improvements” means the existing courthouse building located on the San Diego property and the county property and the former county jail facility located on the San Diego property. (h) “Inmate tunnel” means a tunnel that will transport inmates between the central jail and the San Diego Central Courthouse. (i) “Judicial Council EIR” means the Environmental Impact Report dated December 2010, State Clearinghouse No. 2000021015, certified by the Judicial Council in December 2010, as amended. (j) “San Diego Central Courthouse” means the real property and improvements described in subdivision (d) of Section 70501. (k) “San Diego property” means both the real property described in subdivision (a) of Section 70501 and the improvements. (Added by Stats. 2017, Ch. 17, Sec. 23. (AB 103) Effective June 27, 2017.)
  49. 70501.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 9. Conveyance: Court Facility Property: County of San Diego [70500 - 70508] ( Article 9 added by Stats. 2017, Ch. 17, Sec. 23. )

    Verify source ↗

    This section states legislative findings about San Diego courthouse property and says the Administrative Director of the Courts may convey the San Diego property to the County of San Diego under Section 70502.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 9. Conveyance: Court Facility Property: County of San Diego [70500 - 70508] ( Article 9 added by Stats. 2017, Ch. 17, Sec. 23. ) ## 70501. The Legislature finds and declares all of the following: (a) The state owns two contiguous parcels of real property consisting of approximately 2.59 acres located in the City of San Diego on two city blocks bounded by West B Street on the north, Union Street on the west, Broadway on the south, and Front Street on the east. Two buildings are located on the real property. One of the buildings is a courthouse building that is used by the Superior Court of California, County of San Diego, as a trial court facility and by the County of San Diego for county offices. Only a portion of the existing courthouse building is located on the state property. The other building is a former county jail facility. (b) A portion of the existing courthouse building is located on the adjacent county property. The state owns the portion of the existing courthouse building that is located on the county property, but the County of San Diego owns fee title to the county property. (c) The existing courthouse building will be replaced as part of an overall plan for consolidation and upgrade of the court facilities in the County of San Diego. (d) The Judicial Council has constructed the new San Diego Central Courthouse on state-owned property in the downtown area of the City of San Diego that is bounded by West B Street on the north, State Street on the west, West C Street on the south, and Union Street on the east. The new San Diego Central Courthouse will fully replace all space occupied by the superior court in the existing courthouse building located on the San Diego property and the county property, and will improve and enhance the safety and efficiency of superior court operations. (e) The Administrative Director of the Courts may, pursuant to Section 70502, convey the San Diego property to the County of San Diego for the public purpose of promoting public safety by facilitating the construction of the inmate tunnel. (f) After acquisition of the San Diego property, the County of San Diego intends to perform the demolition project on all or a portion of the San Diego property and the county property, and perform the development project on all or a portion of the San Diego property and the county property. (Added by Stats. 2017, Ch. 17, Sec. 23. (AB 103) Effective June 27, 2017.)
  50. 70502.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 9. Conveyance: Court Facility Property: County of San Diego [70500 - 70508] ( Article 9 added by Stats. 2017, Ch. 17, Sec. 23. )

    Verify source ↗

    The Administrative Director of the Courts may convey the San Diego property to the County of San Diego, but not unless the county agrees not to build a new detention facility or expand detention beds on that property.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 9. Conveyance: Court Facility Property: County of San Diego [70500 - 70508] ( Article 9 added by Stats. 2017, Ch. 17, Sec. 23. ) ## 70502. (a) (1) Notwithstanding any other law, the Administrative Director of the Courts is hereby authorized, on behalf of the state, to convey to the County of San Diego fee title to the San Diego property in exchange for the county’s release of the Judicial Council and the state from all obligations related to the demolition project, the county’s agreement to the condition in paragraph (2), and otherwise upon the terms and conditions, and subject to the reservations, the Judicial Council deems to be in the best interests of the state, for the public purpose of promoting public safety by facilitating the construction of the inmate tunnel. (2) The Administrative Director of the Courts shall not convey any interest in the San Diego property to the County of San Diego unless the County of San Diego agrees that no new detention facility, or an expansion of the currently leased or contracted beds in a detention facility, will be constructed on any parcel of the San Diego property. (b) Any sale, exchange, or lease of the San Diego property or the county property by the County of San Diego as part of a development project shall not constitute a disposition of surplus property under Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5. (c) In connection with any conveyance of the San Diego property pursuant to the authority granted in subdivision (a), the Administrative Director of the Courts shall have the right and authority to enter into amendments of the existing written agreements in effect as of the operative date of this article, between the County of San Diego and the Judicial Council, that are necessary to reflect the terms of the conveyance described in subdivision (a). (d) The conveyance of the San Diego property to the County of San Diego, on behalf of the state, shall not cause or result in any obligation of the County of San Diego to provide necessary and suitable facilities under Section 70311. (Added by Stats. 2017, Ch. 17, Sec. 23. (AB 103) Effective June 27, 2017.)
  51. 70503.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 9. Conveyance: Court Facility Property: County of San Diego [70500 - 70508] ( Article 9 added by Stats. 2017, Ch. 17, Sec. 23. )

    Verify source ↗

    The San Diego County Board of Supervisors may approve a lease for any or all of the San Diego property and county property.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 9. Conveyance: Court Facility Property: County of San Diego [70500 - 70508] ( Article 9 added by Stats. 2017, Ch. 17, Sec. 23. ) ## 70503. The Board of Supervisors of the County of San Diego is authorized to approve a lease for any or all of the San Diego property and the county property, which actions shall not be subject to Article 8 (commencing with Section 25520) of Chapter 5 of Part 2 of Division 2 of Title 3. (Added by Stats. 2017, Ch. 17, Sec. 23. (AB 103) Effective June 27, 2017.)
  52. 70504.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 9. Conveyance: Court Facility Property: County of San Diego [70500 - 70508] ( Article 9 added by Stats. 2017, Ch. 17, Sec. 23. )

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    This section says the existing Judicial Council environmental impact report is adequate for the San Diego property conveyance, the county’s acquisition, and the demolition project, and that no additional CEQA environmental document is required.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 9. Conveyance: Court Facility Property: County of San Diego [70500 - 70508] ( Article 9 added by Stats. 2017, Ch. 17, Sec. 23. ) ## 70504. (a) With respect to the Judicial Council EIR of the central courthouse project, the Legislature finds and declares all of the following: (1) The County of San Diego’s approval of the acquisition of the San Diego property or approval of the demolition project does not propose any substantial changes to the central courthouse project. (2) The Judicial Council’s approval of the conveyance of the San Diego property to the County of San Diego in exchange for the county’s release of the Judicial Council and the state from all obligations related to the demolition project does not propose any substantial changes to the central courthouse project. (3) There are no substantial changes in the circumstances under which approval of the conveyance of the San Diego property to the County of San Diego, the county’s acquisition of the San Diego property, or approval of the demolition project will be undertaken that will require major revisions to the Judicial Council EIR due to the involvement of significant new environmental effects or a substantial increase in the severity of previously identified significant effects. (4) There is no new information of substantial importance, as that phrase is described and used in Section 21166 of the Public Resources Code or Section 15162 of Title 14 of the California Code of Regulations, affecting the central courthouse project. (b) Pursuant to subdivision (a), both of the following shall apply: (1) The previously-certified Judicial Council EIR is hereby deemed adequate and approved for the Judicial Council’s conveyance of the San Diego property to the County of San Diego and the County of San Diego’s approval of the acquisition of the San Diego property and the demolition project. (2) No subsequent or supplemental environmental impact report, addendum, or environmental documentation shall be required pursuant to the California Environmental Quality Act (CEQA)(Division 13 (commencing with Section 21000) of the Public Resources Code). (Added by Stats. 2017, Ch. 17, Sec. 23. (AB 103) Effective June 27, 2017.)
  53. 70505.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 9. Conveyance: Court Facility Property: County of San Diego [70500 - 70508] ( Article 9 added by Stats. 2017, Ch. 17, Sec. 23. )

    Verify source ↗

    For the specified San Diego plan and EIRs, the previously certified city EIRs are deemed adequate and approved under CEQA for any development project, and no further CEQA environmental review is required.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 9. Conveyance: Court Facility Property: County of San Diego [70500 - 70508] ( Article 9 added by Stats. 2017, Ch. 17, Sec. 23. ) ## 70505. (a) With respect to the city EIRs of the City of San Diego’s General Plan and the San Diego Downtown Community Plan, which were conducted in compliance with CEQA, the Legislature finds and declares all of the following: (1) Section 21083.3 of the Public Resources Code and Section 15183 of Title 14 of the California Code of Regulations, for development projects consistent with a community plan, general plan, or zoning, shall be deemed to apply to any development project. (2) There are no project-specific significant effects that are peculiar to a development project, the San Diego property, or the county property, there are no significant effects, including offsite and cumulative impacts, that were not analyzed in the city EIRs, and there are no new or more severe adverse effects than those discussed in the city EIRs. (b) Pursuant to subdivision (a), the previously certified city EIRs are hereby deemed adequate and approved under CEQA for any development project, and no further environmental review shall be required pursuant to CEQA and its implementing regulations. (Added by Stats. 2017, Ch. 17, Sec. 23. (AB 103) Effective June 27, 2017.)
  54. 70506.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 9. Conveyance: Court Facility Property: County of San Diego [70500 - 70508] ( Article 9 added by Stats. 2017, Ch. 17, Sec. 23. )

    Verify source ↗

    A lease authorized by the County of San Diego Board of Supervisors is treated as covered by the CEQA existing-facilities exemption.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 9. Conveyance: Court Facility Property: County of San Diego [70500 - 70508] ( Article 9 added by Stats. 2017, Ch. 17, Sec. 23. ) ## 70506. The exemption from CEQA for existing facilities identified in Section 15301 of Title 14 of the California Code of Regulations shall be deemed to apply to any lease authorized by the Board of Supervisors of the County of San Diego for any or all of the improvements on the San Diego property and the county property. (Added by Stats. 2017, Ch. 17, Sec. 23. (AB 103) Effective June 27, 2017.)
  55. 70507.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 9. Conveyance: Court Facility Property: County of San Diego [70500 - 70508] ( Article 9 added by Stats. 2017, Ch. 17, Sec. 23. )

    Verify source ↗

    The demolition project is treated as separate from the development project.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 9. Conveyance: Court Facility Property: County of San Diego [70500 - 70508] ( Article 9 added by Stats. 2017, Ch. 17, Sec. 23. ) ## 70507. The demolition project shall be deemed to be a project that is separate and distinct from the development project. The demolition project and development project serve different purposes, have independent utility, and can be implemented independently. (Added by Stats. 2017, Ch. 17, Sec. 23. (AB 103) Effective June 27, 2017.)
  56. 70508.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 9. Conveyance: Court Facility Property: County of San Diego [70500 - 70508] ( Article 9 added by Stats. 2017, Ch. 17, Sec. 23. )

    Verify source ↗

    A legal challenge against the County of San Diego over the demolition or development project cannot cause the San Diego property to be reconveyed to the state.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.7. Superior Court Facilities [70301 - 70508] ( Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4. ) ## ARTICLE 9. Conveyance: Court Facility Property: County of San Diego [70500 - 70508] ( Article 9 added by Stats. 2017, Ch. 17, Sec. 23. ) ## 70508. Any legal challenge that is brought against the County of San Diego with regard to the demolition project or the development project shall not result in a reconveyance of the San Diego property to the state. (Added by Stats. 2017, Ch. 17, Sec. 23. (AB 103) Effective June 27, 2017.)
  57. 7060.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.75. Residential Real Property [7060 - 7060.7] ( Chapter 12.75 added by Stats. 1985, Ch. 1509, Sec. 1. )

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    A public entity generally may not require a residential property owner to offer or keep units available for rent or lease, except for certain guestrooms or efficiency units in qualifying residential hotels.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.75. Residential Real Property [7060 - 7060.7] ( Chapter 12.75 added by Stats. 1985, Ch. 1509, Sec. 1. ) ## 7060. (a) No public entity, as defined in Section 811.2, shall, by statute, ordinance, or regulation, or by administrative action implementing any statute, ordinance or regulation, compel the owner of any residential real property to offer, or to continue to offer, accommodations in the property for rent or lease, except for guestrooms or efficiency units within a residential hotel, as defined in Section 50519 of the Health and Safety Code, if the residential hotel meets all of the following conditions: (1) The residential hotel is located in a city and county, or in a city with a population of over 1,000,000. (2) The residential hotel has a permit of occupancy issued prior to January 1, 1990. (3) The residential hotel did not send a notice of intent to withdraw the accommodations from rent or lease pursuant to subdivision (a) of Section 7060.4 that was delivered to the public entity prior to January 1, 2004. (b) For the purposes of this chapter, the following definitions apply: (1) “Accommodations” means either of the following: (A) The residential rental units in any detached physical structure containing four or more residential rental units. (B) With respect to a detached physical structure containing three or fewer residential rental units, the residential rental units in that structure and in any other structure located on the same parcel of land, including any detached physical structure specified in subparagraph (A). (2) “Disabled” means a person with a disability, as defined in Section 12955.3 of the Government Code. (Amended by Stats. 2003, Ch. 766, Sec. 1. Effective January 1, 2004.)
  58. 7060.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.75. Residential Real Property [7060 - 7060.7] ( Chapter 12.75 added by Stats. 1985, Ch. 1509, Sec. 1. )

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    This section limits what the chapter changes: it lets a public entity enforce certain rent-or-lease agreements, preserves public entity powers over real property entitlements and displacement mitigation, requires county recorder indexing of a qualifying memorandum, and relieves lease parties from duties under the agreement only insofar as the section says.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.75. Residential Real Property [7060 - 7060.7] ( Chapter 12.75 added by Stats. 1985, Ch. 1509, Sec. 1. ) ## 7060.1. Notwithstanding Section 7060, nothing in this chapter does any of the following: (a) Prevents a public entity from enforcing any contract or agreement by which an owner of residential real property has agreed to offer the accommodations for rent or lease in consideration for a direct financial contribution or, with respect to written contracts or agreements entered into prior to July 1, 1986, for any consideration. Any contract or agreement specified in this subdivision is not enforceable against a person who acquires title to the accommodations as a bona fide purchaser for value (or successors in interest thereof), unless (1) the purchaser at the time of acquiring title to the accommodations has actual knowledge of the contract or agreement, or (2) a written memorandum of the contract or agreement which specifically describes the terms thereof and the affected real property, and which identifies the owner of the property, has been recorded with the county recorder prior to July 1, 1986, or not less than 30 days prior to transfer of title to the property to the purchaser. The county recorder shall index such a written memorandum in the grantor-grantee index. As used in this subdivision, “direct financial contribution” includes contributions specified in Section 65916 and any form of interest rate subsidy or tax abatement provided to facilitate the acquisition or development of real property. (b) Diminishes or enhances, except as specifically provided in Section 7060.2, any power which currently exists or which may hereafter exist in any public entity to grant or deny any entitlement to the use of real property, including, but not limited to, planning, zoning, and subdivision map approvals. (c) Diminishes or enhances any power in any public entity to mitigate any adverse impact on persons displaced by reason of the withdrawal from rent or lease of any accommodations. (d) Supersedes any provision of Chapter 16 (commencing with Section 7260) of this division, Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of this code, Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code, Part 2 (commencing with Section 43) of Division 1 of the Civil Code, Title 5 (commencing with Section 1925) of Part 4 of Division 3 of the Civil Code, Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure, or Division 24 (commencing with Section 33000) of the Health and Safety Code. (e) Relieves any party to a lease or rental agreement of the duty to perform any obligation under that lease or rental agreement. (Amended by Stats. 2003, Ch. 766, Sec. 2. Effective January 1, 2004.)
  59. 7060.2.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.75. Residential Real Property [7060 - 7060.7] ( Chapter 12.75 added by Stats. 1985, Ch. 1509, Sec. 1. )

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    A public entity with rent control may require special rules when rental accommodations are withdrawn and later reoffered, including rent limits, tenant reoffer rights, notice, deadlines, and damages.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.75. Residential Real Property [7060 - 7060.7] ( Chapter 12.75 added by Stats. 1985, Ch. 1509, Sec. 1. ) ## 7060.2. If a public entity, by valid exercise of its police power, has in effect any control or system of control on the price at which accommodations may be offered for rent or lease, that entity may, notwithstanding any provision of this chapter, provide by statute or ordinance, or by regulation as specified in Section 7060.5, that any accommodations which have been offered for rent or lease and which were subject to that control or system of control at the time the accommodations were withdrawn from rent or lease, shall be subject to the following: (a) (1) For all tenancies commenced during the time periods described in paragraph (2), the accommodations shall be offered and rented or leased at the lawful rent in effect at the time any notice of intent to withdraw the accommodations is filed with the public entity, plus annual adjustments available under the system of control. (2) The provisions of paragraph (1) shall apply to all tenancies commenced during either of the following time periods: (A) The five-year period after any notice of intent to withdraw the accommodations is filed with the public entity, whether or not the notice of intent is rescinded or the withdrawal of the accommodations is completed pursuant to the notice of intent. (B) The five-year period after the accommodations are withdrawn. (3) This subdivision shall prevail over any conflicting provision of law authorizing the landlord to establish the rental rate upon the initial hiring of the accommodations. (b) If the accommodations are offered again for rent or lease for residential purposes within two years of the date the accommodations were withdrawn from rent or lease, the following provisions shall govern: (1) The owner of the accommodations shall be liable to any tenant or lessee who was displaced from the property by that action for actual and exemplary damages. Any action by a tenant or lessee pursuant to this paragraph shall be brought within three years of the withdrawal of the accommodations from rent or lease. However, nothing in this paragraph precludes a tenant from pursuing any alternative remedy available under the law. (2) A public entity which has acted pursuant to this section may institute a civil proceeding against any owner who has again offered accommodations for rent or lease subject to this subdivision, for exemplary damages for displacement of tenants or lessees. Any action by a public entity pursuant to this paragraph shall be brought within three years of the withdrawal of the accommodations from rent or lease. (3) Any owner who offers accommodations again for rent or lease shall first offer the unit for rent or lease to the tenant or lessee displaced from that unit by the withdrawal pursuant to this chapter, if the tenant has advised the owner in writing within 30 days of the displacement of the tenant’s desire to consider an offer to renew the tenancy and has furnished the owner with an address to which that offer is to be directed. That tenant, lessee, or former tenant or lessee may advise the owner at any time during the eligibility of a change of address to which an offer is to be directed. If the owner again offers the accommodations for rent or lease pursuant to this subdivision, and the tenant or lessee has advised the owner pursuant to this subdivision of a desire to consider an offer to renew the tenancy, then the owner shall offer to reinstitute a rental agreement or lease on terms permitted by law to that displaced tenant or lessee. This offer shall be deposited in the United States mail, by registered or certified mail with postage prepaid, addressed to the displaced tenant or lessee at the address furnished to the owner as provided in this subdivision, and shall describe the terms of the offer. The displaced tenant or lessee shall have 30 days from the deposit of the offer in the mail to accept the offer by personal delivery of that acceptance or by deposit of the acceptance in the United States mail by registered or certified mail with postage prepaid. (c) A public entity which has acted pursuant to this section, may require by statute or ordinance, or by regulation as specified in Section 7060.5, that an owner who offers accommodations again for rent or lease within a period not exceeding 10 years from the date on which they are withdrawn, and which are subject to this subdivision, shall first offer the unit to the tenant or lessee displaced from that unit by the withdrawal, if that tenant or lessee requests the offer in writing within 30 days after the owner has notified the public entity of an intention to offer the accommodations again for residential rent or lease pursuant to a requirement adopted by the public entity under subdivision (c) of Section 7060.4. The owner of the accommodations shall be liable to any tenant or lessee who was displaced by that action for failure to comply with this paragraph, for punitive damages in an amount which does not exceed the contract rent for six months, and the payment of which shall not be construed to extinguish the owner’s obligation to comply with this subdivision. (d) If the accommodations are demolished, and new accommodations are constructed on the same property, and offered for rent or lease within five years of the date the accommodations were withdrawn from rent or lease, the newly constructed accommodations shall be subject to any system of controls on the price at which they would be offered on the basis of a fair and reasonable return on the newly constructed accommodations, notwithstanding any exemption from the system of controls for newly constructed accommodations. (e) The amendments to this section enacted by the act adding this subdivision shall apply to all new tenancies created after December 31, 2002. If a new tenancy was lawfully created prior to January 1, 2003, after a lawful withdrawal of the unit under this chapter, the amendments to this section enacted by the act adding this subdivision may not apply to new tenancies created after that date. (Amended by Stats. 2019, Ch. 596, Sec. 1. (AB 1399) Effective January 1, 2020.)
  60. 7060.3.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.75. Residential Real Property [7060 - 7060.7] ( Chapter 12.75 added by Stats. 1985, Ch. 1509, Sec. 1. )

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    If a public entity applies certain constraints, it must record a notice with the county recorder and the notice must be indexed.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.75. Residential Real Property [7060 - 7060.7] ( Chapter 12.75 added by Stats. 1985, Ch. 1509, Sec. 1. ) ## 7060.3. If a public entity determines to apply constraints pursuant to Section 7060.2 to a successor in interest of an owner who has withdrawn accommodations from rent or lease, the public entity shall record a notice with the county recorder which shall specifically describe the real property where the accommodations are located, the dates applicable to the constraints and the name of the owner of record of the real property. The notice shall be indexed in the grantor-grantee index. A person who acquires title to the real property subsequent to the date upon which the accommodations thereon have been withdrawn from rent or lease, as a bona fide purchaser for value, shall not be a successor in interest for the purposes of this chapter if the notice prescribed by this section has not been recorded with the county recorder at least one day before the transfer of title. (Amended by Stats. 1986, Ch. 509, Sec. 1.)
  61. 7060.4.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.75. Residential Real Property [7060 - 7060.7] ( Chapter 12.75 added by Stats. 1985, Ch. 1509, Sec. 1. )

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    Local rent-control public entities may require owners to give notice before withdrawing residential accommodations from rent or lease, and certain tenant information must be kept confidential.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.75. Residential Real Property [7060 - 7060.7] ( Chapter 12.75 added by Stats. 1985, Ch. 1509, Sec. 1. ) ## 7060.4. (a) Any public entity which, by a valid exercise of its police power, has in effect any control or system of control on the price at which accommodations are offered for rent or lease, may require by statute or ordinance, or by regulation as specified in Section 7060.5, that the owner notify the entity of an intention to withdraw those accommodations from rent or lease and may require that the notice contain statements, under penalty of perjury, providing information on the number of accommodations, the address or location of those accommodations, the name or names of the tenants or lessees of the accommodations, and the rent applicable to each residential rental unit. Information respecting the name or names of the tenants, the rent applicable to any residential rental unit, or the total number of accommodations, is confidential information and for purposes of this chapter shall be treated as confidential information by any public entity for purposes of the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). A public entity shall, to the extent required by the preceding sentence, be considered an “agency,” as defined by subdivision (d) of Section 1798.3 of the Civil Code. (b) The statute, ordinance, or regulation of the public entity may require that the owner record with the county recorder a memorandum summarizing the provisions, other than the confidential provisions, of the notice in a form which shall be prescribed by the statute, ordinance, or regulation, and require a certification with that notice that actions have been initiated as required by law to terminate any existing tenancies. In that situation, the date on which the accommodations are withdrawn from rent or lease for purposes of this chapter is 120 days from the delivery in person or by first-class mail of that notice to the public entity. However, if the tenant or lessee is at least 62 years of age or disabled, and has lived in their accommodations or unit within the accommodations for at least one year prior to the date of delivery to the public entity of the notice of intent to withdraw pursuant to subdivision (a), then the date of withdrawal of the accommodations of that tenant or lessee shall be extended to one year after the date of delivery of that notice to the public entity, provided that the tenant or lessee gives written notice of their entitlement to an extension to the owner within 60 days of the date of delivery to the public entity of the notice of intent to withdraw. In that situation, the following provisions shall apply: (1) The tenancy shall be continued on the same terms and conditions as existed on the date of delivery to the public entity of the notice of intent to withdraw, subject to any adjustments otherwise available under the system of control. (2) No party shall be relieved of the duty to perform any obligation under the lease or rental agreement. (3) The owner may elect to extend the tenancy on any other unit within the accommodations up to one year after date of delivery to the public entity of the notice of intent to withdraw, subject to paragraphs (1) and (2). (4) Within 30 days of the notification by the tenant or lessee to the owner of their entitlement to an extension, the owner shall give written notice to the public entity of the claim that the tenant or lessee is entitled to stay in their accommodations or unit within the accommodations for one year after date of delivery to the public entity of the notice of intent to withdraw. (5) Within 90 days of date of delivery to the public entity of the notice of intent to withdraw, the owner shall give written notice of the owner’s election to extend a tenancy under paragraph (3) and the revised date of withdrawal to the public entity and any tenant or lessee whose tenancy is extended. (6) The date of withdrawal for the accommodations as a whole, for purposes of calculating the time periods described in Section 7060.2, shall be the latest termination date among all tenants within the accommodations, as stated in the notices required by paragraphs (4) and (5). An owner’s further voluntary extension of a tenancy beyond the date stated in the notices required by paragraphs (4) and (5) shall not extend the date of withdrawal. (c) The statute, ordinance, or regulation of the public entity adopted pursuant to subdivision (a) may also require the owner to notify any tenant or lessee displaced pursuant to this chapter of the following: (1) That the public entity has been notified pursuant to subdivision (a). (2) That the notice to the public entity specified the name and the amount of rent paid by the tenant or lessee as an occupant of the accommodations. (3) The amount of rent the owner specified in the notice to the public entity. (4) Notice to the tenant or lessee of their rights under paragraph (3) of subdivision (b) of Section 7060.2. (5) Notice to the tenant or lessee of the following: (A) If the tenant or lessee is at least 62 years of age or disabled, and has lived in their accommodations for at least one year prior to the date of delivery to the public entity of the notice of intent to withdraw, then tenancy shall be extended to one year after date of delivery to the public entity of the notice of intent to withdraw, provided that the tenant or lessee gives written notice of their entitlement to the owner within 60 days of date of delivery to the public entity of the notice of intent to withdraw. (B) The extended tenancy shall be continued on the same terms and conditions as existed on date of delivery to the public entity of the notice of intent to withdraw, subject to any adjustments otherwise available under the system of control. (C) No party shall be relieved of the duty to perform any obligation under the lease or rental agreement during the extended tenancy. (d) The statute, ordinance, or regulation of the public entity adopted pursuant to subdivision (a) may also require the owner to notify the public entity in writing of an intention to again offer the accommodations for rent or lease. (Amended by Stats. 2019, Ch. 596, Sec. 2. (AB 1399) Effective January 1, 2020.)
  62. 7060.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.75. Residential Real Property [7060 - 7060.7] ( Chapter 12.75 added by Stats. 1985, Ch. 1509, Sec. 1. )

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    A public body of a public entity with elected members may adopt regulations for the actions authorized in Sections 7060.2 and 7060.4 after public notice and a hearing. The regulation is subject to referendum.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.75. Residential Real Property [7060 - 7060.7] ( Chapter 12.75 added by Stats. 1985, Ch. 1509, Sec. 1. ) ## 7060.5. The actions authorized by Sections 7060.2 and 7060.4 may be taken by regulation adopted after public notice and hearing by a public body of a public entity, if the members of the body have been elected by the voters of the public entity. The regulation shall be subject to referendum in the manner prescribed by law for the ordinances of the legislative body of the public entity except that: (a) The decision to repeal the regulation or to submit it to the voters shall be made by the public body which adopted the regulation. (b) The regulation shall become effective upon adoption by the public body of the public entity and shall remain in effect until a majority of the voters voting on the issue vote against the regulation, notwithstanding Section 9235, 9237, or 9241 of the Elections Code or any other law. (Amended by Stats. 1994, Ch. 923, Sec. 36. Effective January 1, 1995.)
  63. 7060.6.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.75. Residential Real Property [7060 - 7060.7] ( Chapter 12.75 added by Stats. 1985, Ch. 1509, Sec. 1. )

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    If an owner tries to remove a tenant or lessee from accommodations withdrawn from rent or lease under this chapter by unlawful detainer, the tenant or lessee may appear, answer, demur, and raise a defense based on the owner’s noncompliance with the chapter or implementing rules.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.75. Residential Real Property [7060 - 7060.7] ( Chapter 12.75 added by Stats. 1985, Ch. 1509, Sec. 1. ) ## 7060.6. If an owner seeks to displace a tenant or lessee from accommodations withdrawn from rent or lease pursuant to this chapter by an unlawful detainer proceeding, the tenant or lessee may appear and answer or demur pursuant to Section 1170 of the Code of Civil Procedure and may assert by way of defense that the owner has not complied with the applicable provisions of this chapter, or statutes, ordinances, or regulations of public entities adopted to implement this chapter, as authorized by this chapter. (Added by Stats. 1985, Ch. 1509, Sec. 1. Operative July 1, 1986, by Sec. 2 of Ch. 1509.)
  64. 7060.7.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.75. Residential Real Property [7060 - 7060.7] ( Chapter 12.75 added by Stats. 1985, Ch. 1509, Sec. 1. )

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    The Legislature states this chapter is meant to override conflicting parts of Nash v. City of Santa Monica and let landlords go out of business, while limiting other effects.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.75. Residential Real Property [7060 - 7060.7] ( Chapter 12.75 added by Stats. 1985, Ch. 1509, Sec. 1. ) ## 7060.7. It is the intent of the Legislature in enacting this chapter to supersede any holding or portion of any holding in Nash v. City of Santa Monica, 37 Cal.3d 97 to the extent that the holding, or portion of the holding, conflicts with this chapter, so as to permit landlords to go out of business. However, this act is not otherwise intended to do any of the following: (a) Interfere with local governmental authority over land use, including regulation of the conversion of existing housing to condominiums or other subdivided interests or to other nonresidential use following its withdrawal from rent or lease under this chapter. (b) Preempt local or municipal environmental or land use regulations, procedures, or controls that govern the demolition and redevelopment of residential property. (c) Override procedural protections designed to prevent abuse of the right to evict tenants. (d) Permit an owner to do any of the following: (1) Withdraw from rent or lease less than all of the accommodations, as defined by paragraph (1) or (2) of subdivision (b) of Section 7060. (2) Decline to make a written rerental offer to any tenant or lessee who occupied a unit at the time when the owner gave the public entity notice of its intent to withdraw the accommodations, in the manner and within the timeframe specified in paragraph (3) of subdivision (b), or in subdivision (c), of Section 7060.2. But the requirements of this paragraph shall not apply to: (A) A unit that was the principal place of residence of any owner or owner’s family member at the time of withdrawal, provided that it continues to be that person’s or those persons’ principal place of residence when accommodations are returned to the rental market as provided in this section. (B) A unit that is the principal place of residence of an owner when the accommodations are returned to the rental market, if it is the owners’ principal place of residence, at the time of return to the rental market, as provided in this section. If the owner vacates the unit within 10 years from the date of withdrawal, the owner shall, within 30 days, offer to rerent if required under this paragraph. (e) Grant to any public entity any power which it does not possess independent of this chapter to control or establish a system of control on the price at which accommodations may be offered for rent or lease, or to diminish any such power which that public entity may possess, except as specifically provided in this chapter. (f) Alter in any way either Section 65863.7 relating to the withdrawal of accommodations which comprise a mobilehome park from rent or lease or subdivision (f) of Section 798.56 of the Civil Code relating to a change of use of a mobilehome park. (Amended by Stats. 2019, Ch. 596, Sec. 3. (AB 1399) Effective January 1, 2020.)
  65. 70600.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. )

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    The Legislature states its intent to create a uniform schedule of filing fees and other civil fees for superior courts throughout the state.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70600. It is the intent of the Legislature to establish a uniform schedule of filing fees and other civil fees for the superior courts throughout the state. This chapter shall be known, and may be cited, as the Uniform Civil Fees and Standard Fee Schedule Act of 2005. (Added by Stats. 2005, Ch. 75, Sec. 121. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)
  66. 70601.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. )

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    Filing fees in this chapter may not be changed before January 1, 2008, except for specified legislative implementations. The Judicial Council must create a Task Force on Civil Fees, and that task force must make recommendations by February 1, 2007.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70601. (a) It is the intent of the Legislature to establish a moratorium on increases in filing fees until January 1, 2008. No fee provided for in this chapter may be changed before January 1, 2008, except as may be required by the following: (1) Legislative implementation of recommendations of the Task Force on County Law Libraries. (2) Legislative implementation of recommendations for changes to the graduated filing fee for petitions in probate proceedings under subdivision (a) of Section 70650. (b) The Judicial Council shall establish a Task Force on Civil Fees, including, but not limited to, representatives from the trial courts, the counties, the county law libraries, and the State Bar. On or before February 1, 2007, the task force shall make recommendations to the Judicial Council and the Legislature on the following: (1) The effectiveness of the uniform fee structure, any operational or revenue problems, and how to address these issues. (2) Whether a fee differential should be implemented based on the number of cases a party files in a year. (3) A process to adjust fees in the future to accommodate inflation and other factors affecting operating costs for trial courts, county law libraries, and county programs that rely on court fees. (Amended by Stats. 2005, Ch. 706, Sec. 30. Effective January 1, 2006.)
  67. 70602.5.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. )

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    This section requires supplemental filing fees of $40 or $20 for certain first paper filings tied to specified uniform fee amounts.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70602.5. Notwithstanding any other law, it is the intent of the Legislature to supplement certain first paper filing fees as provided below: (a) A supplemental fee of forty dollars ($40) shall be collected for filing any first paper subject to the uniform fee that is set at three hundred fifty-five dollars ($355) under Sections 70611, 70612, 70650, 70651, 70652, 70653, 70655, 70658, and 70670. The total fee collected under these sections, which includes the supplemental fee, shall be deposited and distributed as provided in Sections 68085.3 and 68086.1, as applicable. (b) A supplemental fee of forty dollars ($40) shall be collected for filing any first paper subject to the uniform fee that is set at three hundred thirty dollars ($330) under Sections 70613, 70614, and 70621. The total fee collected under these sections, which includes the supplemental fee, shall be deposited and distributed as provided in Sections 68085.4 and 68086.1, as applicable. (c) A supplemental fee of twenty dollars ($20) shall be collected for filing any first paper subject to the uniform fee that is set at two hundred five dollars ($205) under Sections 70613, 70614, 70621, 70654, and 70656 of this code, and Section 103470 of the Health and Safety Code. The total fee collected under these sections, which includes the supplemental fee, shall be deposited and distributed as provided in Section 68085.4. (Amended by Stats. 2012, Ch. 41, Sec. 39. (SB 1021) Effective June 27, 2012.)
  68. 70602.6.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. )

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    A $40 supplemental fee must be collected when filing certain first papers subject to the specified $355 uniform fee.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70602.6. (a) Notwithstanding any other law, a supplemental fee of forty dollars ($40) shall be collected for filing any first paper subject to the uniform fee that is set at three hundred fifty-five dollars ($355) under Sections 70611, 70612, 70650, 70651, 70652, 70653, 70655, 70658, and 70670. The total fee collected under these sections, which includes the supplemental fee, shall be deposited and distributed as provided in Sections 68085.3 and 68086.1, as applicable. (b) The fee imposed under this section is in addition to any other fees authorized by law, including, but not limited to, the fees authorized in Section 70602.5. (c) After the 2013–14 fiscal year, if the amount of the General Fund transfer to the Trial Court Trust Fund is decreased more than 10 percent from the amount appropriated in the 2013–14 fiscal year and is not offset by another source of revenue other than court fees so as to result in a net reduction in funding greater than 10 percent, then the amount of the supplemental fees provided in subdivision (a) shall be decreased proportionally. The Judicial Council shall adopt and publish a schedule setting the fees resulting from the decrease. (Amended by Stats. 2023, Ch. 34, Sec. 10. (SB 133) Effective June 30, 2023.)
  69. 70603.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. )

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    This section says the listed court filing and service fees are the only allowable fees, with specific exceptions for certain added charges and county surcharges.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70603. (a) Except as provided in this section, the fees charged for filings and services under this chapter are intended to be uniform statewide and to be the only allowable fees for those services and filings. The only charges that may be added to the fees in this chapter are the following: (1) In a complex case, the fee provided for in Section 70616 may be added to the first paper and first responsive paper filing fees in Sections 70611, 70612, 70613, and 70614. (2) In an unlawful detainer action subject to Section 1161.2 of the Code of Civil Procedure, a charge of fifteen dollars ($15) as provided under that section may be added to the fee in Section 70613 for filing a first appearance by a plaintiff. (3) In Riverside County, a surcharge as provided in Section 70622 may be added to the first paper and first responsive paper filing fees in Sections 70611, 70612, 70613, 70614, 70650, 70651, 70652, 70653, 70655, and 70670. (4) In San Bernardino County, a surcharge as provided in Section 70624 may be added to the first paper and first responsive paper filing fees in Sections 70611, 70612, 70613, 70614, 70650, 70651, 70652, 70653, 70655, and 70670. This paragraph applies to fees collected under Sections 70611, 70612, 70613, 70614, 70650, 70651, 70652, 70653, 70655, and 70670, beginning January 1, 2006. (5) In the City and County of San Francisco, a surcharge as provided in Section 70625 may be added to the first paper and first responsive paper filing fees in Sections 70611, 70612, 70613, 70614, 70650, 70651, 70652, 70653, 70655, and 70670. (b) Notwithstanding paragraph (1) of subdivision (c) of Section 68085.3 and paragraph (1) of subdivision (c) of Section 68085.4, when a charge for courthouse construction in the City and County of San Francisco or in the Counties of Riverside or San Bernardino is added to the uniform filing fee as provided under paragraph (3), (4), or (5) of subdivision (a), the amount distributed to the State Court Facilities Construction Fund under Section 68085.3 or 68085.4 shall be reduced by an amount equal to the charge added under paragraph (3), (4), or (5) of subdivision (a), up to the amount that would otherwise be distributed to the State Court Facilities Construction Fund. If the amount added under paragraph (3), (4), or (5) of subdivision (a) is greater than the amount that would be distributed to the State Court Facilities Construction Fund under Section 68085.3 or 68085.4, no distribution shall be made to the State Court Facilities Construction Fund, but the amount charged to the party may be greater than the amount of the uniform fee otherwise allowed, in order to collect the surcharge under paragraph (3), (4), or (5) of subdivision (a). (c) If a filing fee is reduced by twenty-four dollars ($24) under subdivision (c) of Section 6322.1 of the Business and Professions Code, and a courthouse construction surcharge is added to the filing fee as provided under paragraph (3), (4), or (5) of subdivision (a), the amount distributed to the State Court Facilities Construction Fund under Section 68085.4 shall be reduced as provided in subdivision (b). If the amount added under paragraph (3), (4), or (5) of subdivision (a) is greater than the amount that would be distributed to the State Court Facilities Construction Fund under Section 68085.4, no distribution shall be made to the State Court Facilities Construction Fund, but the amount charged to the party may be greater than one hundred eighty-one dollars ($181), in order to collect the surcharge under paragraph (3), (4), or (5) of subdivision (a). (d) This section shall become operative on July 1, 2013. (Repealed (in Sec. 19) and added by Stats. 2010, Ch. 720, Sec. 20. (SB 857) Effective October 19, 2010. Section operative July 1, 2013, by its own provisions.)
  70. 7061.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.76. Local Tenant Preferences to Prevent Displacement Act [7061 - 7061.2] ( Chapter 12.76 added by Stats. 2022, Ch. 660, Sec. 2. )

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    California states a policy supporting affordable housing access for lower-income people facing displacement, and local tenant preferences under this chapter must fit fair housing duties.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.76. Local Tenant Preferences to Prevent Displacement Act [7061 - 7061.2] ( Chapter 12.76 added by Stats. 2022, Ch. 660, Sec. 2. ) ## 7061. (a) It is the policy of the state of California that lower income individuals residing in neighborhoods and communities experiencing significant displacement pressures and gentrification due to rapid growth or increasing housing prices need access to housing that is affordable and that assists those households in avoiding displacement. To the extent feasible and consistent with other state and federal laws, the low-income housing tax credit program and tax-exempt bonds for qualified residential rental properties defined under subsection (d) of Section 142 of the Internal Revenue Code used to create and preserve affordable housing may be used to support access to housing that would allow households facing or at risk of displacement to remain in the community. (b) A local tenant preference adopted pursuant to this chapter is subject to the duty of public agencies to affirmatively further fair housing pursuant to Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2, the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), the Unruh Civil Rights Act (Section 51 of the Civil Code), the federal Fair Housing Act (42 U.S.C. Sec. 3601 et seq.), and any implementing regulations thereunder. (Added by Stats. 2022, Ch. 660, Sec. 2. (SB 649) Effective January 1, 2023. Repealed as of January 1, 2033, pursuant to Sec. 7061.2.)
  71. 7061.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.76. Local Tenant Preferences to Prevent Displacement Act [7061 - 7061.2] ( Chapter 12.76 added by Stats. 2022, Ch. 660, Sec. 2. )

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    A local government that adopts a tenant preference policy must publish its ordinance and supporting materials on its website within 90 days after the ordinance becomes operational, and it must include a current link to that webpage in its annual housing element report. The Department of Housing and Community Development must then post a list of jurisdictions with tenant preference policies on its website.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.76. Local Tenant Preferences to Prevent Displacement Act [7061 - 7061.2] ( Chapter 12.76 added by Stats. 2022, Ch. 660, Sec. 2. ) ## 7061.1. (a) A local government adopting a tenant preference policy shall do both of the following: (1) No more than 90 days after the date the ordinance becomes operational, create a webpage on its internet website containing its authorizing local ordinance and supporting materials. (2) Provide, on an annual basis, to the Department of Housing and Community Development a current link to the webpage, as described in paragraph (1), in its annual housing element report, as required by paragraph (2) of subdivision (a) of Section 65400. (b) The Department of Housing and Community Development shall post on its internet website a list of the jurisdictions that have tenant preference policies based upon the information provided by local governments in their respective annual housing element reports. (Added by Stats. 2022, Ch. 660, Sec. 2. (SB 649) Effective January 1, 2023. Repealed as of January 1, 2033, pursuant to Sec. 7061.2.)
  72. 7061.2.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.76. Local Tenant Preferences to Prevent Displacement Act [7061 - 7061.2] ( Chapter 12.76 added by Stats. 2022, Ch. 660, Sec. 2. )

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    This chapter stays in effect only until January 1, 2033, and is repealed on that date.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.76. Local Tenant Preferences to Prevent Displacement Act [7061 - 7061.2] ( Chapter 12.76 added by Stats. 2022, Ch. 660, Sec. 2. ) ## 7061.2. This chapter shall remain in effect only until January 1, 2033, and as of that date is repealed. (Added by Stats. 2022, Ch. 660, Sec. 2. (SB 649) Effective January 1, 2023. Repealed as of January 1, 2033, by its own provisions. Note: Repeal affects Chapter 12.76, commencing with Sec. 7061.)
  73. 70611.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. )

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    The superior court’s uniform fee for filing the first paper in a qualifying civil action or proceeding is $355.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70611. The uniform fee for filing the first paper in a civil action or proceeding in the superior court, other than in a limited civil case, an adoption proceeding, a proceeding under the Probate Code, or a proceeding under the Family Code, is three hundred fifty-five dollars ($355). The fee shall be distributed as provided in Section 68085.3. This section applies to the initial complaint, petition, or application, and the papers transmitted from another court on the transfer of a civil action or proceeding, but does not include documents filed pursuant to Section 491.150, 704.750, or 708.160 of the Code of Civil Procedure. (Amended by Stats. 2009, 4th Ex. Sess., Ch. 22, Sec. 12. Effective July 28, 2009.)
  74. 70612.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. )

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    A uniform $355 fee applies when filing the first paper in the specified action or proceeding on behalf of a defendant, intervenor, respondent, or adverse party, except for a disclaimer.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70612. (a) The uniform fee for filing the first paper in the action or proceeding described in Section 70611 on behalf of any defendant, intervenor, respondent, or adverse party, whether separately or jointly, except for the purpose of making disclaimer, is three hundred fifty-five dollars ($355). The fee shall be distributed as provided in Section 68085.3. (b) As used in this section, the term “paper” does not include a stipulation for the appointment of a temporary judge or of a court investigator, or the report made by the court investigator. (Amended by Stats. 2009, 4th Ex. Sess., Ch. 22, Sec. 13. Effective July 28, 2009.)
  75. 70613.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. )

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    Sets a filing fee for the first paper in a limited civil case, with a lower fee when the amount demanded is $10,000 or less, and provides a fee waiver in certain felony-damages actions.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70613. (a) The uniform fee for filing the first paper in a limited civil case is three hundred thirty dollars ($330), except as provided in subdivision (b). (b) In a case where the amount demanded, excluding attorney’s fees and costs, is ten thousand dollars ($10,000) or less, the uniform fee for filing the first paper is two hundred five dollars ($205). The first page of the first paper shall state whether the amount demanded exceeds or does not exceed ten thousand dollars ($10,000). (c) This section applies to the initial complaint, petition, or application, and any papers transmitted from another court on the transfer of a civil action or proceeding, but does not include documents filed pursuant to Section 491.150, 704.750, or 708.160 of the Code of Civil Procedure. (d) The fee for a paper filed under this section shall be distributed as provided in Section 68085.4. (e) The fee shall be waived in any action for damages against a defendant, based upon the defendant’s commission of a felony offense, upon presentation to the clerk of the court of a certified copy of the abstract of judgment of conviction of the defendant of the felony giving rise to the claim for damages. If the plaintiff would have been entitled to recover those fees from the defendant had they been paid, the court may assess the amount of the waived fees against the defendant and order the defendant to pay that sum to the court. (Amended by Stats. 2009, 4th Ex. Sess., Ch. 22, Sec. 14. Effective July 28, 2009.)
  76. 70613.5.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. )

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    If certain amended pleadings increase the amount demanded above $10,000 but not over $25,000, an additional filing fee is charged to make up the difference; the court also may not reimburse a party when an amended pleading lowers the demand into a lower fee range.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70613.5. (a) Notwithstanding Section 472 of the Code of Civil Procedure, if a plaintiff or petitioner who previously was charged the filing fee under subdivision (b) of Section 70613 files an amended complaint or other initial pleading that increases the amount demanded to an amount that exceeds ten thousand dollars ($10,000) but does not exceed twenty-five thousand dollars ($25,000), so that the higher filing fee under subdivision (a) of Section 70613 would have been required if such a demand had been made in the original pleading, a fee equal to the difference between the fee for the original filing fee and the filing fee for the new amount demanded shall be charged to make up the difference between the filing fees. This fee shall be distributed to the Trial Court Trust Fund. (b) Notwithstanding Section 472 of the Code of Civil Procedure, if a party who previously was charged the filing fee under subdivision (b) of Section 70614 files a cross-complaint, amended cross-complaint, or amendment to a cross-complaint demanding an amount that exceeds ten thousand dollars ($10,000) but does not exceed twenty-five thousand dollars ($25,000), a fee equal to the difference between the fee for the original filing fee and the filing fee under subdivision (a) of Section 70614 shall be charged to make up the difference between the filing fees. This fee shall be distributed to the Trial Court Trust Fund. (c) The court shall not reimburse a party if the party’s complaint or cross-complaint is amended to demand a lower amount that falls within the range for a filing fee lower than that originally paid. (Added by Stats. 2007, Ch. 738, Sec. 24. Effective January 1, 2008.)
  77. 70614.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. )

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    This section sets filing fees for the first paper in a limited civil case, with a lower fee in small-claim-amount cases and an exemption for disclaimer filings.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70614. (a) The uniform fee for filing the first paper in a limited civil case on behalf of any party other than a plaintiff is three hundred thirty dollars ($330), except as provided in subdivision (b). (b) In a case where the amount demanded, excluding attorney’s fees and costs, is ten thousand dollars ($10,000) or less, the uniform fee for filing the first paper is two hundred five dollars ($205). (c) The fees in this section do not apply to papers filed for the purpose of making disclaimer. (d) The fee for a paper filed under this section shall be distributed as provided in Section 68085.4. (Amended by Stats. 2009, 4th Ex. Sess., Ch. 22, Sec. 15. Effective July 28, 2009.)
  78. 70616.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. )

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    This section requires payment of complex case fees in superior court civil cases and sets a $1,000 fee, a $18,000 total cap, and reimbursement rules if a case is later found not to be complex.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70616. (a) In addition to the first paper filing fee required by Section 70611 or 70613, a single complex case fee shall be paid to the clerk on behalf of all plaintiffs, whether filing separately or jointly, either at the time of the filing of the first paper if the case is designated as complex pursuant to the California Rules of Court, or, if no such designation was made, in each case in which a court determines that the case is a complex case pursuant to the California Rules of Court, within 10 calendar days of the filing of the court’s order. (b) In addition to the first appearance fee required under Section 70612 or 70614, a complex case fee shall be paid on behalf of each defendant, intervenor, respondent, or adverse party, whether filing separately or jointly, either at the time that party files its first paper in a case if the case is designated or counterdesignated as complex pursuant to the California Rules of Court, or, if no such designation was made, in each case in which a court determines that the case is a complex case pursuant to the California Rules of Court, within 10 calendar days of the filing of the court’s order. This additional complex fee shall be charged to each defendant, intervenor, respondent, or adverse party appearing in the case, but the total complex fees collected from all the defendants, intervenors, respondents, or other adverse parties appearing in a complex case shall not exceed eighteen thousand dollars ($18,000). (c) In each case in which the court determines that a case that has been designated or counterdesignated as complex is not a complex case, the court shall order reimbursement to the parties of the amount of any complex case fees that the parties have previously paid pursuant to subdivision (a) or (b). (d) In each case determined to be complex in which the total fees actually collected exceed, or if collected would exceed, the limit in subdivision (b), the court shall make an order necessary to ensure that the total complex fees paid by the defendants, intervenors, respondents, or other adverse parties appearing in the case do not exceed the limit and that the complex fees paid by those parties are apportioned fairly among those parties. (e) The complex case fee established by this section shall be one thousand dollars ($1,000), unless the fee is reduced pursuant to this section. The fee shall be transmitted to the Trial Court Trust Fund as provided in Section 68085.1. (f) The fees provided by this section are in addition to the filing fee authorized by Section 70611, 70612, 70613, or 70614. (g) Failure to pay the fees required by this section shall have the same effect as the failure to pay a filing fee, and shall be subject to the same enforcement and penalties. (h) The amendments made to this section during the 2011–12 Regular Session of the Legislature do not constitute a change in, but are declaratory of, existing law. (Amended (as amended by Stats. 2018, Ch. 45, Sec. 10) by Stats. 2023, Ch. 34, Sec. 11. (SB 133) Effective June 30, 2023.)
  79. 70616.5.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. )

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    A high-frequency litigant plaintiff must pay a $1,000 fee to the clerk when filing the first paper if the complaint alleges a construction-related accessibility claim.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70616.5. (a) In addition to the first paper filing fee required by Section 70611 or 70613, a single high-frequency litigant fee shall be paid to the clerk on behalf of a plaintiff who is a high-frequency litigant, as that term is defined in Section 425.55 of the Code of Civil Procedure, at the time of the filing of the first paper if the complaint alleges a construction-related accessibility claim, as those terms are defined in subdivision (a) of Section 55.3 of the Civil Code. (b) The fee established by this section shall be one thousand dollars ($1,000). The fee shall be transmitted as provided in Section 68085.35. (c) Failure to pay the fees required by this section shall have the same effect as the failure to pay a filing fee, and shall be subject to the same enforcement and penalties. (Added by Stats. 2015, Ch. 755, Sec. 8. (AB 1521) Effective October 10, 2015.)
  80. 70617.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. )

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    This section sets filing fees for certain civil papers in superior court, with specific amounts, no-fee exceptions, a $500 summary judgment/adjudication fee, and special pro hac vice fees and waiver rules.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70617. (a) Except as provided in subdivisions (d) and (e), the uniform fee for filing a motion, application, or any other paper requiring a hearing subsequent to the first paper, is sixty dollars ($60). Papers for which this fee shall be charged include the following: (1) A motion listed in paragraphs (1) to (12), inclusive, of subdivision (a) of Section 1005 of the Code of Civil Procedure. (2) A motion or application to continue a trial date. (3) An application for examination of a third person controlling defendant’s property under Section 491.110 or 491.150 of the Code of Civil Procedure. (4) Discovery motions under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure. (5) A motion for a new trial of a civil action or special proceeding. (6) An application for an order for a judgment debtor examination under Section 708.110 or 708.160 of the Code of Civil Procedure. (7) An application for an order of sale of a dwelling under Section 704.750 of the Code of Civil Procedure. (8) An ex parte application that requires a party to give notice of the ex parte appearance to other parties. (9) A motion for an order determining the need for a debtor to appear for a debtor’s examination under Section 708.111 of the Code of Civil Procedure. (b) There shall be no fee under subdivision (a) or (c) for filing any of the following: (1) A motion, application, demurrer, request, notice, or stipulation and order that is the first paper filed in an action and on which a first paper filing fee is paid. (2) An amended notice of motion. (3) A civil case management statement. (4) A request for trial de novo after judicial arbitration. (5) A stipulation that does not require an order. (6) A request for an order to prevent civil harassment. (7) A request for an order to prevent domestic violence. (8) A request for entry of default or default judgment. (9) A paper requiring a hearing on a petition for emancipation of a minor. (10) A paper requiring a hearing on a petition for an order to prevent abuse of an elder or dependent adult. (11) A paper requiring a hearing on a petition for a writ of review, mandate, or prohibition. (12) A paper requiring a hearing on a petition for a decree of change of name or gender. (13) A paper requiring a hearing on a petition to approve the compromise of a claim of a minor. (c) The fee for filing the following papers not requiring a hearing is twenty dollars ($20): (1) A request, application, or motion for, or a notice of, the continuance of a hearing or case management conference. The fee shall be charged no more than once for each continuance. The fee shall not be charged if the continuance is required by the court. (2) A stipulation and order. (3) A request for an order authorizing service of summons by posting or by publication under Section 415.45 or 415.50 of the Code of Civil Procedure. (d) The fee for filing a motion for summary judgment or summary adjudication of issues is five hundred dollars ($500). (e) (1) The fee for filing in the superior court an application to appear as counsel pro hac vice is five hundred dollars ($500). This fee is in addition to any other fee required of the applicant. Two hundred fifty dollars ($250) of the fee collected under this paragraph shall be transmitted to the state for deposit into the State Court Facilities Construction Fund, established in Section 70371. The remaining two hundred fifty dollars ($250) of the fee shall be transmitted to the state for deposit into the Trial Court Trust Fund, established in Section 68085. (2) An attorney whose application to appear as counsel pro hac vice has been granted shall pay to the superior court, on or before the anniversary of the date the application was granted, an annual renewal fee of five hundred dollars ($500) for each year that the attorney maintains pro hac vice status in the case in which the application was granted. The entire fee collected under this paragraph shall be transmitted to the state for deposit into the Trial Court Trust Fund, established in Section 68085. (3) Fees imposed by this subdivision shall be waived when the applicant is an attorney representing a tribe in a child welfare matter under the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.). (f) Regardless of whether each motion or matter is heard at a single hearing or at separate hearings, the filing fees required by subdivisions (a), (c), (d), and (e) apply separately to each motion or other paper filed. The Judicial Council may publish rules to give uniform guidance to courts in applying fees under this section. (Amended by Stats. 2023, Ch. 562, Sec. 4. (AB 1119) Effective January 1, 2024.)
  81. 70618.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. )

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    If venue is changed, the fee for preparing and sending the transcript and papers is $50 plus an additional amount equal to the filing fee in the transferee court, and the clerk must send that filing fee with the case papers.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70618. When the venue in a case is changed, the fee for making up and transmitting the transcript and papers is fifty dollars ($50) and a further sum equal to the uniform fee for filing in the court to which the case is transferred. The clerk shall transmit the uniform filing fee with the papers in the case to the clerk or judge of the court to which the case is transferred. (Added by renumbering Section 26823 by Stats. 2005, Ch. 75, Sec. 54. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)
  82. 70619.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. )

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    The fee for reclassifying a case from limited civil to unlimited civil is $140.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70619. The fee for reclassification of a case from a limited civil case to an unlimited civil case under Section 403.060 of the Code of Civil Procedure is one hundred forty dollars ($140). (Added by Stats. 2005, Ch. 75, Sec. 121. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)
  83. 70620.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. )

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    The fee for the specified certificate is $20.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70620. The fee for a certificate required by courts of appeal or the Supreme Court on filing a notice of motion prior to the filing of the record on appeal in the reviewing court is twenty dollars ($20). (Added by renumbering Section 26838 by Stats. 2005, Ch. 75, Sec. 82. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)
  84. 70621.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. )

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    This section sets filing fees for certain appeals and writ petitions in the appellate division of the superior court, with a lower fee when the amount demanded is $10,000 or less.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70621. (a) (1) The fee for filing a notice of appeal to the appellate division of the superior court in a limited civil case is three hundred thirty dollars ($330), except as provided in subdivision (b). (2) The fee for filing a petition for a writ within the original jurisdiction of the appellate division of the superior court is three hundred thirty dollars ($330), except as provided in subdivision (b). (b) If the amount demanded in the limited civil case, excluding attorney’s fees and costs, is ten thousand dollars ($10,000) or less, the fee for filing a petition for a writ or a notice of appeal to the appellate division of the superior court is two hundred five dollars ($205). (c) The fees provided for in this section shall be distributed as provided in Section 68085.4. (d) The Judicial Council may make rules governing the time and method of payment of the fees in this section and providing for excuse. (Amended by Stats. 2009, 4th Ex. Sess., Ch. 22, Sec. 16. Effective July 28, 2009.)
  85. 70622.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. )

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    Riverside County’s Board of Supervisors may impose a filing-fee surcharge of up to $50, after notice and a public hearing.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70622. (a) In addition to the uniform filing fee authorized pursuant to Section 70611, 70612, 70613, 70614, 70650, 70651, 70652, 70653, 70655, or 70670, after giving notice and holding a public hearing on the proposal, the Board of Supervisors of Riverside County may impose a surcharge not to exceed fifty dollars ($50) for the filing in superior court of any of the following: (1) A complaint, petition, or other first paper in a civil or probate action or special proceeding. (2) A first paper on behalf of any defendant, respondent, intervenor, or adverse party. (3) A petition for dissolution of marriage, dissolution of domestic partnership, legal separation, or nullity of marriage. (4) A response to such a petition. (5) A first paper on behalf of any party in a proceeding under Section 98.2 of the Labor Code. (b) The county shall notify in writing the Superior Court of Riverside County and the Administrative Office of the Courts of any change in a surcharge under this section. (c) When a surcharge under this section is imposed on a filing fee, the distribution that would otherwise be made to the State Court Facilities Construction Fund under subdivision (c) of Section 68085.3 or subdivision (c) of Section 68085.4 shall be reduced as provided in Section 70603. (d) The surcharge shall be in an amount determined to be necessary by the board of supervisors to cover the costs of the seismic stabilization, construction, and rehabilitation of the Riverside County Courthouse, the Indio Branch Courthouse, and the family law courthouse, and collection thereof shall terminate upon repayment of the amortized costs incurred. When the amortized costs have been repaid, the county shall notify in writing the Superior Court of Riverside County and the Administrative Office of the Courts. (Amended by Stats. 2006, Ch. 538, Sec. 331. Effective January 1, 2007.)
  86. 70624.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. )

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    San Bernardino County’s Board of Supervisors may add a surcharge of up to $35 to certain superior court filings, subject to notice and a public hearing.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70624. (a) In addition to the uniform filing fee authorized pursuant to Section 70611, 70612, 70613, 70614, 70650, 70651, 70652, 70653, 70655, or 70670, after giving notice and holding a public hearing on the proposal, the Board of Supervisors of San Bernardino County may impose a surcharge not to exceed thirty-five dollars ($35) for the filing in superior court of (1) a complaint, petition, or other first paper in a civil, family, or probate action or special proceeding, and (2) a first paper on behalf of any defendant, respondent, intervenor, or adverse party. The county shall notify, in writing, the superior court and the Judicial Council of any change in a surcharge under this section. If a surcharge under this section is imposed on a filing fee, the distribution that would otherwise be made to the State Court Facilities Construction Fund under subdivision (c) of Section 68085.3 or subdivision (c) of Section 68085.4 shall be reduced as provided in Section 70603. This section shall apply to fees collected under Sections 70611, 70612, 70613, 70614, 70650, 70651, 70652, 70653, 70655, and 70670, beginning January 1, 2006. (b) The surcharge shall be in an amount determined to be necessary by the board of supervisors to supplement the Courthouse Construction Fund, to be deposited in that fund and used solely for the purposes authorized for expenditures from that fund, including, but not limited to, earthquake retrofitting, renovation, and remodeling of all portions of the Central San Bernardino Courthouse in need of retrofitting, renovation, or remodeling, whether or not necessitated by the retrofitting work, including the original courthouse built in 1926 and all subsequent additions thereto. Expenditures made from the Courthouse Construction Fund that are funded from the surcharge shall be made in order of priority to ensure that all necessary earthquake retrofitting of the Central San Bernardino Courthouse will be completed. Collection of the surcharge authorized by this section shall terminate upon repayment of the amortized costs incurred, or 30 years from the sale of the bond, whichever occurs first. However, the surcharge shall not apply in instances in which no filing fee is charged or the filing fee is waived. If the amortized costs have been repaid, or 30 years have passed since the sale of the bond, the county shall notify in writing the superior court and the Judicial Council. (c) This section shall remain in effect only until January 1, 2039, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2039, deletes or extends that date. (Amended by Stats. 2025, Ch. 75, Sec. 1. (SB 673) Effective January 1, 2026. Repealed as of January 1, 2039, by its own provisions.)
  87. 70625.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. )

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    In San Francisco, officials may require certain civil filing-fee surcharge money to go into the Courthouse Construction Fund, and that fund must be used only for the listed courthouse purposes.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70625. (a) Notwithstanding any other law, for the purpose of assisting the City and County of San Francisco in the acquisition, rehabilitation, construction, and financing of courtrooms or of a courtroom building or buildings containing facilities necessary or incidental to the operation of the justice system, the Board of Supervisors of the City and County of San Francisco may require the amounts collected pursuant to subdivision (d) to be deposited in the Courthouse Construction Fund established pursuant to Section 76100. In the City and County of San Francisco, the moneys of the Courthouse Construction Fund together with any interest earned thereon shall be payable only for the foregoing purposes and at the time necessary therefor, and for the purposes set forth in subdivision (b) and at the time necessary therefor. (b) In conjunction with the acquisition, rehabilitation, construction, or financing of courtrooms or of a courtroom building or buildings referred to in subdivision (a), the City and County of San Francisco may use the moneys of the Courthouse Construction Fund (1) to rehabilitate existing courtrooms or an existing courtroom building or buildings for other uses if new courtrooms or a courtroom building or buildings are acquired, constructed, or financed or (2) to acquire, rehabilitate, construct, or finance excess courtrooms or an excess courtroom building or buildings if that excess is anticipated to be needed at a later time. (c) Any excess courtrooms or excess courtroom building or buildings that are acquired, rehabilitated, constructed, or financed pursuant to subdivision (b) may be leased or rented for uses other than the operation of the justice system until such time as the excess courtrooms or excess courtroom building or buildings are needed for the operation of the justice system. Any amounts received as lease or rental payments pursuant to this subdivision shall be deposited in the Courthouse Construction Fund. (d) In the City and County of San Francisco, a surcharge for the purpose and for the time set forth in this section may be added to the filing fees under Sections 70611, 70612, 70613, 70614, 70650, 70651, 70652, 70653, 70655, and 70670 in any civil, family, or probate action in the superior court. The surcharge shall be in an amount, not to exceed fifty dollars ($50), as set forth in a resolution adopted by the Board of Supervisors of the City and County of San Francisco. If a surcharge under this section is imposed on a filing fee, the distribution that would otherwise be made to the State Court Facilities Construction Fund under subdivision (c) of Section 68085.3 or subdivision (c) of Section 68085.4 shall be reduced as provided in Section 70603. The county shall notify in writing the superior court and the Administrative Office of the Courts of any change in a surcharge under this section. When the amortized costs that are to be repaid from this fund have been repaid, the county shall notify in writing the superior court and the Administrative Office of Courts, and the surcharge under this section shall terminate, as provided in subdivision (b) of Section 70375. (Amended by Stats. 2010, Ch. 709, Sec. 6. (SB 1062) Effective January 1, 2011.)
  88. 70626.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. )

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    This section sets specific superior court fees for listed services, with some exceptions and special allocation rules.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70626. (a) The fee for each of the following services is forty dollars ($40). Subject to subdivision (e), amounts collected shall be distributed to the Trial Court Trust Fund under Section 68085.1. (1) Issuing a writ of attachment, a writ of mandate, a writ of execution, a writ of sale, a writ of possession, a writ of prohibition, or any other writ for the enforcement of any order or judgment. (2) Issuing an abstract of judgment. (3) Issuing a certificate of satisfaction of judgment under Section 724.100 of the Code of Civil Procedure. (4) Certifying a copy of any paper, record, or proceeding on file in the office of the clerk of any court. (5) Taking an affidavit, except in criminal cases or adoption proceedings. (6) Acknowledgment of any deed or other instrument, including the certificate. (7) Recording or registering a license or certificate, or issuing a certificate in connection with a license, required by law, for which a charge is not otherwise prescribed. (8) Issuing a certificate for which the fee is not otherwise fixed. (b) The fee for each of the following services is forty-five dollars ($45). Subject to subdivision (e), amounts collected shall be distributed to the Trial Court Trust Fund under Section 68085.1. (1) Issuing an order of sale. (2) Receiving and filing an abstract of judgment rendered by a judge of another court and subsequent services based on it, unless the abstract of judgment is filed under Section 704.750 or 708.160 of the Code of Civil Procedure. (3) Filing an application for renewal of judgment under Section 683.150 of the Code of Civil Procedure. (4) Issuing a commission to take a deposition in another state or place under Section 2026.010 of the Code of Civil Procedure, or issuing a subpoena under Section 2029.300 to take a deposition in this state for purposes of a proceeding pending in another jurisdiction. (5) Filing and entering an award under the Workers’ Compensation Law (Division 4 (commencing with Section 3200) of the Labor Code). (6) Filing an affidavit of publication of notice of dissolution of partnership. (7) Filing an appeal of a determination whether a dog is potentially dangerous or vicious under Section 31622 of the Food and Agricultural Code. (8) Filing an affidavit under Section 13200 of the Probate Code, together with the issuance of one certified copy of the affidavit under Section 13202 of the Probate Code. (9) Filing and indexing all papers for which a charge is not elsewhere provided, other than papers filed in actions or special proceedings, official bonds, or certificates of appointment. (c) The fee for filing a first petition under Section 2029.600 or 2029.620 of the Code of Civil Procedure, if the petitioner is not a party to the out-of-state case, is eighty dollars ($80). Amounts collected shall be distributed to the Trial Court Trust Fund pursuant to Section 68085.1. (d) The fee for delivering a will to the clerk of the superior court in which the estate of a decedent may be administered, as required by Section 8200 of the Probate Code, is fifty dollars ($50). (e) An amount equivalent to twenty-five dollars ($25) of each fee collected pursuant to subdivisions (a) and (b) shall be used by the Judicial Council for the expenses of the Judicial Council in implementing and administering the civil representation program under Section 68651. (Amended by Stats. 2022, Ch. 851, Sec. 6. (SB 688) Effective January 1, 2023.)
  89. 70627.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. )

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    The clerk of the court must charge set fees for copying, comparing, and certain record searches, and the collected fees must be distributed to the court where they were collected.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70627. The fees collected under this section shall be distributed to the court in which they were collected. (a) The clerk of the court shall charge fifty cents ($0.50) per page to cover the cost of preparing copies of any record, proceeding, or paper on file in the clerk’s office. (b) For comparing with the original on file in the office of the clerk of any court, the copy of any paper, record, or proceeding prepared by another and presented for the clerk’s certificate, the fee is one dollar ($1) per page, in addition to the fee for the certificate. (c) The fee for a search of records or files conducted by a court employee that requires more than 10 minutes is fifteen dollars ($15) for each search. (Added by Stats. 2005, Ch. 75, Sec. 121. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)
  90. 70628.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. )

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    The fee for exemplifying a record or other paper on file is $50, plus any allowed copying or comparison charges for each page.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70628. For an exemplification of a record or other paper on file, the fee is fifty dollars ($50), in addition to the charges allowed for copying or comparing each page of the record or other paper. (Amended by Stats. 2013, Ch. 31, Sec. 7. (SB 75) Effective June 27, 2013.)
  91. 70629.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. )

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    The clerk of the court must collect a $15 fee per signature for documents that must be authenticated by court order, and each authenticated document must include a specified certification statement.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70629. (a) The clerk of the court shall collect a fee of fifteen dollars ($15) per signature for any document that is required to be authenticated pursuant to court order. (b) Each document authenticated by the clerk of the court shall contain the following statement: “____, Clerk of the Superior Court, County of ____, State of California. Signed pursuant to court order dated ____ in the matter of ____ petitioner v. ____, respondent, Case No. ____.” (Added by renumbering Section 26835.1 by Stats. 2005, Ch. 75, Sec. 78. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)
  92. 70630.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. )

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    If videoconferencing services are available, the clerk of the court must charge a reasonable fee for parties to appear by videoconference.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70630. If the court has made videoconferencing services available, the clerk of the court shall charge a reasonable fee to cover the costs of permitting parties to appear by videoconferencing. This fee shall be deposited into the Trial Court Trust Fund. (Added by Stats. 2005, Ch. 75, Sec. 121. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)
  93. 70631.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. )

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    A superior court may charge a fee for a service or product only if no statute or rule already authorizes or forbids it, and the fee cannot exceed the court’s cost. Fees not expressly authorized must be approved by the Judicial Council, and collected fees go to the court that collected them.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70631. (a) In the absence of a statute or rule explicitly authorizing or prohibiting a fee by the superior court for a particular service or product, the court may charge a fee not to exceed the cost to the court of providing the service or product. A fee not explicitly authorized by statute or rule shall be approved by the Judicial Council. The fee shall be distributed to the court in which it was collected. (b) By December 1, 2027, the Judicial Council shall submit a report to the Legislature, in compliance with Section 9795, regarding each fee charged by a superior court that in the 2026–27 fiscal year for which the revenue collected by and distributed to the court as a result of the fee exceeds the court’s cost of providing the service or product, includes all of the following information: (1) The particular service or product that is provided by payment of the fee. (2) The amount of the fee. (3) The cost to the court in the 2026–27 fiscal year for providing the particular service or product. If it is not feasible for the court to determine the exact cost, despite its good faith effort to do so, the court shall provide the cost basis on which the fee was calculated. (4) The revenue collected by and distributed to the court in the 2026–27 fiscal year as a result of the fee. (5) The number of persons who used the service or product in the 2026–27 fiscal year. If it is not feasible for the court to determine the exact number of persons who used the service or product, despite its good faith effort to do so, the court shall provide a good faith estimate of the number of persons who used the service or product in the 2026–27 fiscal year. (c) By December 1, 2028, and December 1, 2029, the Judicial Council shall submit a report to the Legislature regarding fiscal years 2027–28 and 2028–29 that includes the information specified in subdivision (b). The report shall be submitted in compliance with Section 9795. (Amended by Stats. 2025, Ch. 306, Sec. 2. (AB 1524) Effective January 1, 2026.)
  94. 70632.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. )

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    The court clerk must charge a reasonable fee for handling trust funds for non-court parties or entities, and deposit that fee into the Trial Court Trust Fund.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70632. The clerk of the court shall charge a reasonable fee for handling funds held in trust for non-court parties or entities. The amount of the fee for handling the funds shall be based on rules adopted by, or guidelines and policies authorized by, the Judicial Council under subdivision (a) of Section 77206. This fee shall be deposited into the Trial Court Trust Fund. (Added by Stats. 2005, Ch. 75, Sec. 121. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)
  95. 70633.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. )

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    The clerk generally may not charge fees for listed court services, with specific exceptions and a limited criminal-case copy fee; the court may reduce or waive a criminal defendant’s fee in some cases.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70633. (a) No fee shall be charged by the clerk for service rendered to the petitioner in any adoption proceeding except as provided in Section 103730 of the Health and Safety Code, nor shall any fees be charged for any service to the state or for any proceeding brought pursuant to Section 7841 of the Family Code to declare a minor free from parental custody or control. No fee shall be charged by the clerk for services rendered in an action to compel registration of a voter under Section 2142 of the Elections Code or to compel counting of provisional ballots under Section 14310 of the Elections Code. (b) No fee shall be charged by the clerk for services rendered in any criminal action unless otherwise specifically authorized by law, except that the clerk may charge the fee specified in Section 70627 for making or certifying to a copy of any filed paper, record, or proceeding in a criminal action. If a criminal defendant has been granted a fee waiver or the court finds that the defendant does not have the ability to pay the fee, the court may reduce or waive the fee. (c) Except as permitted in subdivision (b), no fee shall be charged by the clerk for service to any municipality or county in the state, to the state government, nor to the United States of America or any of its officers acting in his or her official capacity. (Amended by Stats. 2007, Ch. 738, Sec. 29. Effective January 1, 2008.)
  96. 70635.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. )

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    A petitioner filing a name-change action on behalf of a minor does not have to pay the fee if the case meets the exemption conditions in Code of Civil Procedure Section 1277(b).

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70635. (a) No fee shall be charged to the petitioner in a proceeding for a change of name that meets the conditions for the exemption under subdivision (b) of Section 1277 of the Code of Civil Procedure if the action is filed on behalf of a minor. (b) This section shall be known, and may be cited, as “Sydney’s Law.” (Added by Stats. 2018, Ch. 818, Sec. 2. (AB 2201) Effective January 1, 2019.)
  97. 70640.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. )

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    Courts should provide children’s waiting rooms, funded through court fee allocations, and counties with an existing waiting room fund must transfer those funds and account for them.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 1. Civil Fees Generally [70600 - 70640] ( Article 1 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70640. (a) It is the policy of the state that each court shall endeavor to provide a children’s waiting room in each courthouse for children whose parents or guardians are attending a court hearing as a litigant, witness, or for other court purposes as determined by the court. To defray that expense, monthly allocations for children’s waiting rooms shall be added to the monthly apportionment under subdivision (a) of Section 68085 for each court where a children’s waiting room has been established or where the court has elected to establish that service. (b) The amount allocated to each court under this section shall be equal to the following: for each first paper filing fee as provided under Section 70611, 70612, 70613, 70614, or 70670, and each first paper or petition filing fee in a probate matter as provided under Section 70650, 70651, 70652, 70653, 70654, 70655, 70656, or 70658, the same amount as was required to be collected as of December 31, 2005, to the Children’s Waiting Room Fund under former Section 26826.3 in the county in which the court is located when a fee was collected for the filing of a first paper in a civil action under former Section 26820.4. (c) Notwithstanding any other provision of law, the court may make expenditures from these allocations in payment of any cost, excluding capital outlay, related to the establishment and maintenance of the children’s waiting room, including personnel, heat, light, telephone, security, rental of space, furnishings, toys, books, or any other item in connection with the operation of a children’s waiting room. (d) If, as of January 1, 2006, there is a Children’s Waiting Room Fund in the county treasury established under former Section 26826.3, the county immediately shall transfer the moneys in that fund to the court’s operations fund as a restricted fund. By February 15, 2006, the county shall provide an accounting of the fund to the Administrative Office of the Courts. (e) After January 1, 2006, the court may apply to the Judicial Council for an adjustment of the amount distributed to the fund for each uniform filing fee. A court that wishes to establish a children’s waiting room, and does not yet have a distribution under this section, may apply to the Judicial Council for a distribution. Applications under this subdivision shall be made according to trial court financial policies and procedures authorized by the Judicial Council under subdivision (a) of Section 77206. Adjustments and new distributions shall be effective January 1 or July 1 of any year beginning January 1, 2006. (f) The distribution to a court under this section per each filing fee shall be not less than two dollars ($2) and not more than five dollars ($5). (Amended by Stats. 2007, Ch. 130, Sec. 135. Effective January 1, 2008.)
  98. 70650.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 2. Fees in Probate Proceedings [70650 - 70663] ( Article 2 added by Stats. 2005, Ch. 75, Sec. 121. )

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    This section sets filing fees for certain probate petitions and objections, generally at $355, and requires both fees to be charged when related petitions are filed together by the same person.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 2. Fees in Probate Proceedings [70650 - 70663] ( Article 2 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70650. (a) The uniform filing fee for the first petition for letters of administration or letters testamentary, or the first petition for special letters of administration with the powers of a general personal representative pursuant to Section 8545 of the Probate Code, is three hundred fifty-five dollars ($355). (b) The uniform filing fee for the first objections to the probate of any will or codicil under Section 8250 of the Probate Code, or the first petition for revocation of probate of any will or codicil under Section 8270 of the Probate Code, is three hundred fifty-five dollars ($355). The uniform filing fee for the first petition for special letters of administration without the powers of a general personal representative is the fee provided in Section 70657.5. Where objections to the probate of a will or codicil or a petition for revocation of probate of a will or codicil are filed together with a petition for appointment of a personal representative described in subdivision (c) filed by the same person, only the fee provided in subdivision (c) shall be charged to that person. (c) A fee of three hundred fifty-five dollars ($355) shall also be charged for filing each subsequent petition or objections of a type described in subdivision (a) in the same proceeding by a person other than the original petitioner or contestant. The same fee as provided in subdivision (b) shall be charged for filing each subsequent petition or objections of a type described in that subdivision in the same proceeding by a person other than the original petitioner or contestant. (d) Notwithstanding Section 70658.5, if a petition for special letters of administration is filed together with a petition for letters of administration or letters testamentary under subdivision (a) or (c) by the same person, the person filing the petitions shall be charged the applicable filing fees for both petitions. (e) The uniform filing fee charged under this section shall be distributed as provided in Section 68085.3. (Amended by Stats. 2009, 4th Ex. Sess., Ch. 22, Sec. 18. Effective July 28, 2009.)
  99. 70651.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 2. Fees in Probate Proceedings [70650 - 70663] ( Article 2 added by Stats. 2005, Ch. 75, Sec. 121. )

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    A $355 filing fee applies to certain objections or opposition papers in probate proceedings, with a special rule when filed together with a Section 70650(c) petition.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 2. Fees in Probate Proceedings [70650 - 70663] ( Article 2 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70651. (a) The uniform filing fee for objections or any other paper in opposition to a petition described in subdivision (a) of Section 70650, other than a petition described in subdivision (c) of Section 70650, is three hundred fifty-five dollars ($355). If objections or any other paper in opposition are filed together with a petition described in subdivision (c) of Section 70650 by the same person, only the fee provided in subdivision (c) of Section 70650 shall be charged to that person. (b) The uniform filing fee charged under this section shall be distributed as provided in Section 68085.3. (Amended by Stats. 2009, 4th Ex. Sess., Ch. 22, Sec. 19. Effective July 28, 2009.)
  100. 70652.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 2. Fees in Probate Proceedings [70650 - 70663] ( Article 2 added by Stats. 2005, Ch. 75, Sec. 121. )

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    This section sets a $355 uniform filing fee for certain trust-related probate filings and lets the court order a full or partial refund for hardship or other good cause.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 2. Fees in Probate Proceedings [70650 - 70663] ( Article 2 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70652. (a) The uniform filing fee for each petition concerning the internal affairs of a trust under Chapter 3 (commencing with Section 17200) of Part 5 of Division 9 of the Probate Code, or a first account of a trustee of a testamentary trust that is subject to the continuing jurisdiction of the court pursuant to Chapter 4 (commencing with Section 17300) of Part 5 of Division 9 of the Probate Code, is three hundred fifty-five dollars ($355). (b) The uniform filing fee for each paper filed in opposition to a petition or first account of a trustee of a testamentary trust under subdivision (a) is three hundred fifty-five dollars ($355). (c) To avoid hardship, or for other good cause, the court may direct the clerk of the court to refund all or any part of a filing fee paid under this section. (d) This section does not apply to petitions or opposition filed concerning trusts created by court order under Article 10 (commencing with Section 2580) of Chapter 6 of Part 3 of Division 4 of the Probate Code, Article 1 (commencing with Section 3100) of Chapter 3 of Part 6 of Division 4 of the Probate Code, Article 1 (commencing with Section 3600) of Chapter 4 of Part 8 of Division 4 of the Probate Code. (e) The uniform filing fee charged under this section shall be distributed as provided in Section 68085.3. (Amended by Stats. 2009, 4th Ex. Sess., Ch. 22, Sec. 20. Effective July 28, 2009.)
  101. 70653.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 2. Fees in Probate Proceedings [70650 - 70663] ( Article 2 added by Stats. 2005, Ch. 75, Sec. 121. )

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    This section sets filing fees for certain probate petitions and related opposition papers, with specific exemptions.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 2. Fees in Probate Proceedings [70650 - 70663] ( Article 2 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70653. (a) The uniform filing fee for a petition for appointment of a conservator, a guardian of the estate, or a guardian of the person and estate, pursuant to Division 4 (commencing with Section 1400) of the Probate Code, is three hundred fifty-five dollars ($355). (b) Except as provided in subdivision (f), the uniform filing fee for objections or any other paper in opposition to a petition under subdivision (a) or (d) is three hundred fifty-five dollars ($355). (c) If a competing petition for appointment of a guardian or conservator subject to the fee under subdivision (a) is filed together with opposition to the petition of another by the same person, the person filing the competing petition and opposition shall be charged a filing fee only for the competing petition. (d) Notwithstanding Section 70658.5, if a petition for appointment of a temporary guardian or conservator is filed together with a petition for appointment of a guardian or conservator under subdivision (a), or a competing petition under subdivision (c) by the same person, the person filing the petitions shall be charged the applicable filing fees for both petitions. (e) The uniform filing fee charged under this section shall be distributed as provided in Section 68085.3. (f) No fee under this section shall be charged for objections or any other paper in opposition filed by or on behalf of the proposed conservatee, or the minor or a parent of the minor who is the subject of a guardianship proceeding. (Amended by Stats. 2009, 4th Ex. Sess., Ch. 22, Sec. 21. Effective July 28, 2009.)
  102. 70654.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 2. Fees in Probate Proceedings [70650 - 70663] ( Article 2 added by Stats. 2005, Ch. 75, Sec. 121. )

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    This section sets filing fees for guardian-related probate papers and limits when extra fees can be charged.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 2. Fees in Probate Proceedings [70650 - 70663] ( Article 2 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70654. (a) The uniform filing fee for a petition for appointment of a guardian of the person only, is two hundred five dollars ($205). (b) Except as provided in subdivision (e), the uniform filing fee for objections or any other paper in opposition to a petition under subdivision (a) is two hundred five dollars ($205). (c) If a competing petition for appointment of a guardian subject to the fee under subdivision (a) is filed together with opposition to the petition of another by the same person, the person filing the competing petition and opposition shall be charged a filing fee only for the competing petition. (d) Notwithstanding Section 70658.5, if a petition for appointment of a temporary guardian is filed together with a petition for appointment of a guardian under subdivision (a), or a competing petition under subdivision (c) by the same person, the person filing the petitions shall be charged the applicable filing fees for both petitions. (e) No fee under this section shall be charged for objections or any other paper in opposition filed by or on behalf of the minor or a parent of the minor who is the subject of the proceeding. (f) The uniform filing fee charged under this section shall be distributed as provided in Section 68085.4. (g) No other fees shall be charged for filing a paper under this section in addition to the uniform filing fee provided for in this section. (Amended by Stats. 2009, 4th Ex. Sess., Ch. 22, Sec. 22. Effective July 28, 2009.)
  103. 70655.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 2. Fees in Probate Proceedings [70650 - 70663] ( Article 2 added by Stats. 2005, Ch. 75, Sec. 121. )

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    Certain probate filings have a uniform filing fee of $355.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 2. Fees in Probate Proceedings [70650 - 70663] ( Article 2 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70655. (a) The uniform filing fee for a petition that commences any of the proceedings under the Probate Code listed in subdivision (c) is three hundred fifty-five dollars ($355). (b) The uniform filing fee for objections or any other paper filed in opposition to a petition under subdivision (a) is three hundred fifty-five dollars ($355). (c) This section applies to petitions or opposition concerning the following proceedings: (1) A petition for compromise of a minor’s claim pursuant to Section 3600 of the Probate Code. (2) A petition to determine succession to real property pursuant to Section 13151 of the Probate Code. (3) A spousal or domestic partnership property petition pursuant to Section 13650 of the Probate Code, except as provided in Section 13652 of the Probate Code. (4) A petition to establish the fact of death to determine title to real property under Section 200 of the Probate Code. (5) A petition for an order concerning a particular transaction pursuant to Section 3100 of the Probate Code. (6) A petition concerning capacity determination and health care decision for an adult without conservator pursuant to Section 3200 of the Probate Code. (7) A petition concerning an advance health care directive pursuant to Section 4766 of the Probate Code. (8) A petition concerning a power of attorney pursuant to Section 4541 of the Probate Code. (9) A petition for approval, compromise, or settlement of claims against a deceased settlor, or for allocation of amounts due between trusts, pursuant to Section 19020 of the Probate Code. (10) Any other petition that commences a proceeding under the Probate Code not otherwise provided for in this article. (d) The uniform filing fee charged under this section shall be distributed as provided in Section 68085.3. (Amended by Stats. 2009, 4th Ex. Sess., Ch. 22, Sec. 23. Effective July 28, 2009.)
  104. 70656.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 2. Fees in Probate Proceedings [70650 - 70663] ( Article 2 added by Stats. 2005, Ch. 75, Sec. 121. )

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    This section sets a $205 filing fee for certain small-estate petitions and a $205 fee for objections or other opposition papers, with an exception when a related personal-representative petition is filed at the same time.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 2. Fees in Probate Proceedings [70650 - 70663] ( Article 2 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70656. (a) The uniform filing fee for a petition requesting an order setting aside a decedent’s estate of small value pursuant to Section 6602 of the Probate Code, if no estate proceeding is pending for the decedent, is two hundred five dollars ($205). (b) The uniform filing fee for objections or any other paper filed in opposition to a petition under subdivision (a) is two hundred five dollars ($205). (c) If a petition or objections or any other paper in opposition under this section is filed concurrently with a petition for appointment of a personal representative described in Section 70650, the petitioner or objector shall be charged only for the filing fee provided in Section 70650. (d) The uniform filing fee charged under this section shall be distributed as provided in Section 68085.4. (e) Except as provided in subdivision (c), no other fee shall be charged for filing a paper under this section in addition to the uniform filing fee provided for in this section. (Amended by Stats. 2009, 4th Ex. Sess., Ch. 22, Sec. 24. Effective July 28, 2009.)
  105. 70657.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 2. Fees in Probate Proceedings [70650 - 70663] ( Article 2 added by Stats. 2005, Ch. 75, Sec. 121. )

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    This section sets probate filing fees: a $60 fee for certain motions or papers, with specific no-fee exceptions, and it allows the Judicial Council to publish guidance for courts.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 2. Fees in Probate Proceedings [70650 - 70663] ( Article 2 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70657. (a) Except as provided in subdivision (c), the uniform fee for filing a motion or other paper requiring a hearing subsequent to the first paper in a proceeding under the Probate Code, other than a petition or application or opposition described in Sections 70657.5 and 70658, is sixty dollars ($60). This fee shall be charged for the following papers: (1) Papers listed in subdivision (a) of Section 70617. (2) Applications for ex parte relief, whether or not notice of the application to any person is required, except an ex parte petition for discharge of a personal representative, conservator, or guardian upon completion of a court-ordered distribution or transfer, for which no fee shall be charged. (3) Petitions or applications, or objections, filed subsequent to issuance of temporary letters of conservatorship or guardianship or letters of conservatorship or guardianship that are not subject to the filing fee provided in subdivision (a) of Section 70658. (4) The first or subsequent petition for temporary letters of conservatorship or guardianship. (b) There shall be no fee under subdivision (a) for filing any of the papers listed under subdivision (b) of Section 70617. (c) The summary judgment fee provided in subdivision (d) of Section 70617 shall apply to summary judgment motions in proceedings under the Probate Code. (d) Regardless of whether each motion or matter is heard at a single hearing or at separate hearings, the filing fees required by subdivisions (a) and (c) apply separately to each motion or other paper filed. The Judicial Council may publish rules to give uniform guidance to courts in applying fees under this section. (e) No fee is payable under this section for a petition or opposition filed subsequent to issuance of letters of temporary guardianship or letters of guardianship in a guardianship described in Section 70654. (Amended (as amended by Stats. 2018, Ch. 45, Sec. 14) by Stats. 2023, Ch. 34, Sec. 15. (SB 133) Effective June 30, 2023.)
  106. 70657.5.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 2. Fees in Probate Proceedings [70650 - 70663] ( Article 2 added by Stats. 2005, Ch. 75, Sec. 121. )

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    Certain probate-related filings have a $200 uniform fee, and no fee is payable for a disclaimer of an interest in a decedent’s estate.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 2. Fees in Probate Proceedings [70650 - 70663] ( Article 2 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70657.5. (a) The uniform fee for filing the following petitions or applications, and objections or other opposition, is two hundred dollars ($200): (1) Petitions or applications, or opposition, concerning the internal affairs of a trust that are not subject to the filing fees provided in Section 70650, 70651, or 70652. (2) Petitions or applications, or objections, filed subsequent to issuance of special letters of administration or letters testamentary or of administration in decedent’s estate proceedings that are not subject to the filing fee provided in subdivision (a) of Section 70658. (3) The first or subsequent petition for special letters of administration without the powers of a general personal representative. (b) One hundred sixty dollars ($160) of each two-hundred-dollar ($200) fee collected under subdivision (a) shall be transmitted to the state for deposit into the State Court Facilities Construction Fund, established in Section 70371. (c) No fee is payable under this section for a disclaimer of an interest in a decedent’s estate. (Amended by Stats. 2021, Ch. 79, Sec. 33. (AB 143) Effective July 16, 2021.)
  107. 70658.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 2. Fees in Probate Proceedings [70650 - 70663] ( Article 2 added by Stats. 2005, Ch. 75, Sec. 121. )

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    This section sets a $355 uniform filing fee for certain probate-related petitions, applications, and opposition papers, with listed exceptions.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 2. Fees in Probate Proceedings [70650 - 70663] ( Article 2 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70658. (a) Except as provided in subdivision (c), the uniform fee for filing a petition or application, or objections or any other paper in opposition to a petition or application listed in this subdivision, filed after issuance of letters testamentary, letters of administration, letters of special administration to a personal representative of a decedent’s estate, or letters of guardianship or conservatorship, or letters of temporary guardianship or conservatorship to a guardian or conservator, is three hundred fifty-five dollars ($355). This section shall apply to the following petitions or applications, or opposition: (1) Petition or application for or opposition to an order directing, authorizing, approving, or confirming the sale, lease, encumbrance, grant of an option, purchase, conveyance, or exchange of property. (2) Petition or application for or opposition to an order settling an account of a fiduciary. (3) Petition or application for or opposition to an order authorizing, instructing, or directing a fiduciary, or approving or confirming the acts of a fiduciary. (4) Petition or application for or opposition to an order fixing, authorizing, allowing, or directing payment of compensation or expenses of an attorney. (5) Petition or application for or opposition to an order fixing, authorizing, allowing, or directing payment of compensation or expenses of a fiduciary. (6) Petition or application for or opposition to an order surcharging or removing a fiduciary. (7) Petition or application for or opposition to an order transferring or authorizing the transfer of the property of an estate to a fiduciary in another jurisdiction. (8) Petition or application for or opposition to an order allowing a fiduciary’s request to resign. (9) Petition or application for or opposition to an order adjudicating the merits of a claim made under Part 19 (commencing with Section 850) of Division 2 of the Probate Code. (10) Petition or application for or opposition to an order granting permission to fix the residence of a ward or conservatee at a place not within this state. (11) Petition or application for or opposition to an order directing, authorizing, approving, or modifying payments for support, maintenance, or education of a ward or conservatee or for a person entitled to support, maintenance, or education from a ward or conservatee. (12) Petition or application for or opposition to an order granting or denying a request under Section 2423, concerning payment of surplus income to the relatives of a conservatee, or Section 2580, concerning substituted judgment, of the Probate Code. (13) Petition or application for or opposition to an order affecting the legal capacity of a conservatee pursuant to Chapter 4 (commencing with Section 1870) of Part 3 of Division 4 of the Probate Code. (14) Petition or application for or opposition to an order adjudicating the merits of a claim under Article 5 (commencing with Section 2500) of Chapter 6 of Part 4 of Division 4 of the Probate Code. (b) The uniform fee in subdivision (a) shall be distributed as provided in Section 68085.3. No other fee shall be charged for filing a paper under this section in addition to the uniform filing fee provided for in this section. (c) The fee provided in this section shall not be charged for filing any of the following papers: (1) A petition or application, or opposition, in a guardianship proceeding under Section 70654. (2) A disclaimer of an interest in a decedent’s estate. (d) Two hundred five dollars ($205) of each three-hundred-fifty-five dollar ($355) fee collected under this section shall be transmitted to the Controller for deposit into the State Court Facilities Construction Fund, established in Section 70371. (Amended by Stats. 2021, Ch. 79, Sec. 34. (AB 143) Effective July 16, 2021.)
  108. 70658.5.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 2. Fees in Probate Proceedings [70650 - 70663] ( Article 2 added by Stats. 2005, Ch. 75, Sec. 121. )

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    For certain probate filings, if related requests or oppositions are combined into one filing, only one filing fee is charged; if combined items would have different fees, the highest applicable fee applies.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 2. Fees in Probate Proceedings [70650 - 70663] ( Article 2 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70658.5. If a petition or application, or opposition to a petition or application, described in Sections 70650 to 70656, inclusive, or Sections 70657.5 to 70658, inclusive, is filed combining requests for relief or opposition to relief that could have been stated in separate petitions or applications, or objections or other opposition, only one filing fee shall be charged under this article. If a filing combines petitions, applications, or objections, or other opposition to a petition or application, that would be subject to different filing fees under this article, the higher of the applicable filing fees shall be charged. (Added by Stats. 2007, Ch. 738, Sec. 38. Effective January 1, 2008.)
  109. 70659.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 2. Fees in Probate Proceedings [70650 - 70663] ( Article 2 added by Stats. 2005, Ch. 75, Sec. 121. )

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    If certain public officials or specified state employees petition in an official capacity in covered probate proceedings, the fee must be paid only from estate assets in their possession or control.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 2. Fees in Probate Proceedings [70650 - 70663] ( Article 2 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70659. Where the public administrator, public guardian, or public conservator, or an employee of the State Department of State Hospitals or the State Department of Developmental Services is the petitioner in an official capacity in a proceeding described in Section 70650, 70653, 70657, or 70658, the fee is payable only out of the assets of the estate coming into the official’s possession or control. (Amended by Stats. 2012, Ch. 440, Sec. 33. (AB 1488) Effective September 22, 2012.)
  110. 70660.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 2. Fees in Probate Proceedings [70650 - 70663] ( Article 2 added by Stats. 2005, Ch. 75, Sec. 121. )

    Verify source ↗

    A $20 fee applies for receiving and storing each document transferred to the superior court clerk under Probate Code Section 732.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 2. Fees in Probate Proceedings [70650 - 70663] ( Article 2 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70660. (a) The fee for receiving and storing each document transferred to the clerk of the superior court under Section 732 of the Probate Code is twenty dollars ($20). (b) The superior court may reduce or waive the fee established pursuant to this section under either of the following circumstances: (1) The court has assumed jurisdiction under Article 11 (commencing with Section 6180) of Chapter 4 of Division 3 of the Business and Professions Code over the law practice of the attorney with whom the document is deposited. (2) On a showing of hardship. (Added by renumbering Section 26827.6 by Stats. 2005, Ch. 75, Sec. 66. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)
  111. 70661.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 2. Fees in Probate Proceedings [70650 - 70663] ( Article 2 added by Stats. 2005, Ch. 75, Sec. 121. )

    Verify source ↗

    The search fee for a document transferred to the clerk of the superior court under Probate Code Section 732 matches the fee set in Section 70627(c) for searching records or files.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 2. Fees in Probate Proceedings [70650 - 70663] ( Article 2 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70661. The fee for searching a document transferred to the clerk of the superior court under Section 732 of the Probate Code is the same as the fee under subdivision (c) of Section 70627 for searching records or files. (Added by renumbering Section 26827.7 by Stats. 2005, Ch. 75, Sec. 67. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)
  112. 70662.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 2. Fees in Probate Proceedings [70650 - 70663] ( Article 2 added by Stats. 2005, Ch. 75, Sec. 121. )

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    A request for special notice in probate matters carries a $40 filing fee, and that fee is added to any other fee for a paper filed at the same time.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 2. Fees in Probate Proceedings [70650 - 70663] ( Article 2 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70662. The filing fee for a request for special notice pursuant to Sections 1250, 2700, and 17204 of the Probate Code is forty dollars ($40). This fee shall be in addition to any other fee charged for a paper filed concurrently with a request for special notice. (Amended by Stats. 2023, Ch. 34, Sec. 17. (SB 133) Effective June 30, 2023.)
  113. 70663.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 2. Fees in Probate Proceedings [70650 - 70663] ( Article 2 added by Stats. 2005, Ch. 75, Sec. 121. )

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    The fee for registering a conservatorship is $30, and the collected amounts must be distributed to the Trial Court Trust Fund.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 2. Fees in Probate Proceedings [70650 - 70663] ( Article 2 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70663. The fee for registering a conservatorship under Article 4 (commencing with Section 2011) of Chapter 8 of Part 3 of Division 4 of the Probate Code is thirty dollars ($30). The amounts collected shall be distributed to the Trial Court Trust Fund under Section 68085.1. (Added by Stats. 2014, Ch. 553, Sec. 2. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.)
  114. 70670.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 3. Fees in Family Law Matters [70670 - 70678] ( Article 3 added by Stats. 2005, Ch. 75, Sec. 121. )

    Verify source ↗

    Most first papers in Family Code proceedings have a $355 filing fee, with specific rules for dissolution, legal separation, nullity, and certain respondent/defendant/intervenor/adverse-party filings. Papers filed to make a disclaimer are exempt.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 3. Fees in Family Law Matters [70670 - 70678] ( Article 3 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70670. (a) The uniform fee for filing the first paper in a proceeding under the Family Code, other than a proceeding for dissolution of marriage or domestic partnership, legal separation, or nullity, is three hundred fifty-five dollars ($355). The fee shall be distributed as provided in Section 68085.3. (b) The uniform fee for filing the first paper in a proceeding for dissolution of marriage or domestic partnership, legal separation, or nullity, is three hundred fifty-five dollars ($355). The fee shall be distributed as provided in Section 68085.3, except that two dollars ($2) of the funds that would otherwise be distributed to the Trial Court Trust Fund shall be transmitted to the Treasurer for deposit in the Health Statistics Special Fund. (c) The uniform fee for filing the first paper in a proceeding under subdivision (a) on behalf of any respondent, defendant, intervenor, or adverse party, whether separately or jointly, is three hundred fifty-five dollars ($355). The fee shall be distributed as provided in Section 68085.3. (d) The uniform fee for filing the first paper in a proceeding under subdivision (b) on behalf of any respondent, defendant, intervenor, or adverse party, whether separately or jointly, is three hundred fifty-five dollars ($355). The fee shall be distributed as provided in Section 68085.3. (e) The fees in this section do not apply to papers filed for the purpose of making a disclaimer. (Amended by Stats. 2009, 4th Ex. Sess., Ch. 22, Sec. 26. Effective July 28, 2009.)
  115. 70671.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 3. Fees in Family Law Matters [70670 - 70678] ( Article 3 added by Stats. 2005, Ch. 75, Sec. 121. )

    Verify source ↗

    For Section 70670(c) and (d), “paper” excludes several specified family-law documents.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 3. Fees in Family Law Matters [70670 - 70678] ( Article 3 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70671. As used in subdivision (c) or (d) of Section 70670, the term “paper” does not include any of the following: (a) The declaration of a spouse or domestic partner filed in an order to show cause proceeding. (b) A settlement agreement or a stipulation for judgment that is signed by a defaulted respondent and intended for incorporation in a proposed decree of dissolution of marriage or domestic partnership. (c) A stipulation regarding the date of termination of the marital or domestic partnership status if the court has retained jurisdiction over that date. (d) A document relating to a stipulated postjudgment modification of child support. (e) A stipulation to modify a settlement agreement that was signed by a defaulted respondent and incorporated in a decree of dissolution if the stipulation is presented by the petitioner. (f) A request for an order to prevent domestic violence or a responsive declaration to that request. (Added by Stats. 2005, Ch. 75, Sec. 121. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)
  116. 70672.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 3. Fees in Family Law Matters [70670 - 70678] ( Article 3 added by Stats. 2005, Ch. 75, Sec. 121. )

    Verify source ↗

    No fee may be charged to file a first paper or later pleading or document about parentage or support in a case where a Title IV-D child support agency is providing services.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 3. Fees in Family Law Matters [70670 - 70678] ( Article 3 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70672. Notwithstanding any other provision of law, no fee shall be charged to file a first paper or any subsequent pleading or document on issues relating to parentage or support in a case in which a Title IV-D child support agency is providing services under Section 17400 of the Family Code. (Added by Stats. 2005, Ch. 75, Sec. 121. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)
  117. 70673.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 3. Fees in Family Law Matters [70670 - 70678] ( Article 3 added by Stats. 2005, Ch. 75, Sec. 121. )

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    No fee may be charged to file certain respondent documents in specified family law actions when the respondent is a U.S. armed forces member who does not contest the case.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 3. Fees in Family Law Matters [70670 - 70678] ( Article 3 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70673. Notwithstanding any other provision of law, no fee shall be charged to file a respondent’s appearance, stipulation if any, and waiver of rights in the action under the Service members Civil Relief Act (50 U.S.C. App. Secs. 501 to 596, inclusive) in an action for dissolution of marriage or domestic partnership, legal separation, or nullity, or to establish parentage, in any case wherein the respondent is a member of the armed forces of the United States and does not contest the action for dissolution of marriage or domestic partnership, legal separation, or nullity, or to establish parentage. (Added by renumbering Section 26857.5 by Stats. 2005, Ch. 75, Sec. 93. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)
  118. 70674.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 3. Fees in Family Law Matters [70670 - 70678] ( Article 3 added by Stats. 2005, Ch. 75, Sec. 121. )

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    This section sets fees for certified copies of marriage or domestic partnership dissolution records and directs how part of the money is distributed.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 3. Fees in Family Law Matters [70670 - 70678] ( Article 3 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70674. (a) Except as provided by Section 6103.9, and notwithstanding the fee authorized by paragraph (4) of subdivision (a) of Section 70626, a fee of ten dollars ($10) shall be paid by a public agency applicant for a certified copy of a marriage or domestic partnership dissolution record that the agency is required to obtain in the ordinary course of business. A fee of fifteen dollars ($15) shall be paid by any other applicant for a certified copy of a marriage or domestic partnership dissolution record. Five dollars ($5) of any fifteen dollar ($15) fee shall be transmitted monthly to the state for deposit into the Family Law Trust Fund as provided by Section 1852 of the Family Code. The remainder of the fees collected under this section shall be deposited into the Trial Court Trust Fund. (b) As used in this section, “marriage or domestic partnership dissolution record” means the judgment. (Added by renumbering Section 26832.1 by Stats. 2005, Ch. 75, Sec. 74. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)
  119. 70676.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 3. Fees in Family Law Matters [70670 - 70678] ( Article 3 added by Stats. 2005, Ch. 75, Sec. 121. )

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    Indigent petitioners do not have to pay fees for certified copies of certain family-law orders.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 3. Fees in Family Law Matters [70670 - 70678] ( Article 3 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70676. No fee shall be charged to an indigent petitioner for certified copies of any order issued pursuant to any of the following: (a) Article 2 (commencing with Section 2045), Article 3 (commencing with Section 2047), or Article 4 (commencing with Section 2049) of Chapter 4 of Part 1 of Division 6 of the Family Code. (b) Division 10 (commencing with Section 6200) of the Family Code. (c) Article 2 (commencing with Section 7710), Article 3 (commencing with Section 7720), or Article 4 (commencing with Section 7730) of Chapter 6 of Part 3 of Division 12 of the Family Code. (Added by renumbering Section 26833.5 by Stats. 2005, Ch. 75, Sec. 76. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)
  120. 70677.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 3. Fees in Family Law Matters [70670 - 70678] ( Article 3 added by Stats. 2005, Ch. 75, Sec. 121. )

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    This section sets filing fees for certain family-law papers and exempts listed filings from the fee.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 3. Fees in Family Law Matters [70670 - 70678] ( Article 3 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70677. (a) The uniform fee for filing any motion, application, order to show cause, or any other paper requiring a hearing subsequent to the first paper is sixty dollars ($60). Papers for which this fee shall be charged include the following: (1) Papers listed in subdivision (a) of Section 70617. (2) An order to show cause or notice of motion seeking temporary prejudgment or postjudgment orders, including, but not limited to, orders to establish, modify, or enforce child, spousal, or partner support, custody and visitation of children, division and control of property, attorney’s fees, and bifurcation of issues. (b) There shall be no fee under subdivision (a) of this section for filing any of the following: (1) A motion, motion to quash proceeding, application, or demurrer that is the first paper filed in an action and on which a first paper filing fee is paid. (2) An amended notice of motion or amended order to show cause. (3) A statement to register foreign support under Section 5700.602 of the Family Code. (4) An application to determine the judgment after entry of default. (5) A request for an order to prevent domestic violence. (6) A paper requiring a hearing on a petition for writ of review, mandate, or prohibition that is the first paper filed in an action and on which a first paper filing fee has been paid. (7) A stipulation that does not require an order. (c) The uniform fee for filing the following papers not requiring a hearing is twenty dollars ($20): (1) A request, application, or motion for the continuance of a hearing or case management conference. (2) A stipulation and order. (d) Regardless of whether each motion or matter is heard at a single hearing or at separate hearings, the filing fees required under paragraph (1) of subdivision (a) and under subdivision (c) apply separately to each motion or other paper filed. If an order to show cause or notice of motion is filed as specified in paragraph (2) of subdivision (a) combining requests for relief or opposition to relief on more than one issue, only one filing fee shall be charged under this section. The Judicial Council may publish rules to give uniform guidance to courts in applying fees under this section. (Amended (as amended by Stats. 2018, Ch. 45, Sec. 17) by Stats. 2023, Ch. 34, Sec. 18. (SB 133) Effective June 30, 2023.)
  121. 70678.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 3. Fees in Family Law Matters [70670 - 70678] ( Article 3 added by Stats. 2005, Ch. 75, Sec. 121. )

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    A person filing certain custody- or visitation-related modification or enforcement proceedings must pay a $25 fee to the court clerk when filing.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 5.8. Superior Court Fees [70600 - 70678] ( Chapter 5.8 added by Stats. 2005, Ch. 75, Sec. 121. ) ## ARTICLE 3. Fees in Family Law Matters [70670 - 70678] ( Article 3 added by Stats. 2005, Ch. 75, Sec. 121. ) ## 70678. In addition to the fee set forth in Section 70677, a fee of twenty-five dollars ($25) shall be paid to the clerk of the court at the time of filing a motion, order to show cause, or other proceeding seeking to modify or enforce that portion of any judgment or order entered in this state or any other state which orders or awards the custody of a minor child or children or which specifies the rights of any party to the proceeding to visitation of a minor child or children. Fifteen dollars ($15) of the fee authorized in this section shall be used exclusively to pay the costs of maintaining mediation services provided under Chapter 11 (commencing with Section 3160) of Part 2 of Division 8 of the Family Code, and ten dollars ($10) of the fee shall be used exclusively to pay the costs of services provided by the family law facilitator under Section 10005 of the Family Code. (Added by renumbering Section 26862 by Stats. 2005, Ch. 75, Sec. 95. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)
  122. 7069.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.78. Certification for Enterprise Zones, Targeted Tax Areas, and Local Agency Military Base Recovery Areas Hiring Credits [7069- 7069.] ( Chapter 12.78 added by Stats. 2013, Ch. 355, Sec. 1. )

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    Some local entities may keep accepting applications and issuing certifications for qualified employees or other listed individuals, but only until January 1, 2015.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.78. Certification for Enterprise Zones, Targeted Tax Areas, and Local Agency Military Base Recovery Areas Hiring Credits [7069- 7069.] ( Chapter 12.78 added by Stats. 2013, Ch. 355, Sec. 1. ) ## 7069. Notwithstanding the repeal of Chapter 12.8 (commencing with Section 7070), Chapter 12.93 (commencing with Section 7097), and Chapter 12.97 (commencing with Section 7105) of the Government Code by Chapter 69 of the Statutes of 2013, a local entity formerly authorized by one or more of those chapters of the Government Code to issue a certification that provides that a qualified employee, qualified disadvantaged individual, or qualified displaced employee meets the specified eligibility requirements under Section 17053.34, 17053.46, 17053.47, 17053.74, 23622.7, 23622.8, 23634, or 23646 of the Revenue and Taxation Code may continue to accept applications for the certification and to issue the certifications up to but no later than January 1, 2015. (Added by Stats. 2013, Ch. 355, Sec. 1. (AB 106) Effective September 26, 2013.)
  123. 7070.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.8. Funding, Acquisition, and Use of Military Equipment [7070 - 7075] ( Chapter 12.8 added by Stats. 2021, Ch. 406, Sec. 2. )

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    This section defines key terms used in the chapter on military equipment funding, acquisition, and use.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.8. Funding, Acquisition, and Use of Military Equipment [7070 - 7075] ( Chapter 12.8 added by Stats. 2021, Ch. 406, Sec. 2. ) ## 7070. For purposes of this chapter, the following definitions shall apply: (a) “Governing body” means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff’s department or a district attorney’s office, “governing body” means the board of supervisors of the county. (b) “Law enforcement agency” means any of the following: (1) A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. (2) A sheriff’s department. (3) A district attorney’s office. (4) A county probation department. (c) “Military equipment” means the following: (1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision. (3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision. (4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. (5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. (6) Weaponized aircraft, vessels, or vehicles of any kind. (7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision. (8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision. (9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision. (10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11) Any firearm or firearm accessory that is designed to launch explosive projectiles. (12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray. (13) Area denial electroshock devices, microwave weapons, water cannons, long-range acoustic devices, acoustic hailing devices, and sound cannons. (14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons. (15) Any other equipment as determined by a governing body or a state agency to require additional oversight. (16) Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency. (d) “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following: (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment. (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment. (3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment. (4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy. (6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy. (7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner. (e) “State agency” means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution. (f) “Type” means each item that shares the same manufacturer model number. (Amended by Stats. 2024, Ch. 408, Sec. 1. (AB 2546) Effective January 1, 2025.)
  124. 7071.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.8. Funding, Acquisition, and Use of Military Equipment [7070 - 7075] ( Chapter 12.8 added by Stats. 2021, Ch. 406, Sec. 2. )

    Verify source ↗

    A law enforcement agency must get governing-body approval before using, seeking, or acquiring military equipment, and the governing body must review the policy at least annually.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.8. Funding, Acquisition, and Use of Military Equipment [7070 - 7075] ( Chapter 12.8 added by Stats. 2021, Ch. 406, Sec. 2. ) ## 7071. (a) (1) A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following: (A) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code. (B) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (C) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. (D) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. (E) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter. (F) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment. (G) Acquiring military equipment through any means not provided by this paragraph. (2) No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b), within 180 days of submission of the proposed military equipment use policy to the governing body, the law enforcement agency shall cease its use of the military equipment until it receives the approval of the governing body in accordance with this section. (b) In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue. (c) The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable. (d) (1) The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following: (A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. (C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. (2) In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use. (e) (1) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable. (2) The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d). If the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance. (f) Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community needs. (Added by Stats. 2021, Ch. 406, Sec. 2. (AB 481) Effective January 1, 2022.)
  125. 7072.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.8. Funding, Acquisition, and Use of Military Equipment [7070 - 7075] ( Chapter 12.8 added by Stats. 2021, Ch. 406, Sec. 2. )

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    A law enforcement agency approved to use military equipment must file an annual report, post it on its website, and hold a community meeting after publication.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.8. Funding, Acquisition, and Use of Military Equipment [7070 - 7075] ( Chapter 12.8 added by Stats. 2021, Ch. 406, Sec. 2. ) ## 7072. (a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment: (1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment. (3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. (b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment. (Added by Stats. 2021, Ch. 406, Sec. 2. (AB 481) Effective January 1, 2022.)
  126. 7073.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.8. Funding, Acquisition, and Use of Military Equipment [7070 - 7075] ( Chapter 12.8 added by Stats. 2021, Ch. 406, Sec. 2. )

    Verify source ↗

    State agencies must create a military equipment use policy before taking certain military-equipment actions.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.8. Funding, Acquisition, and Use of Military Equipment [7070 - 7075] ( Chapter 12.8 added by Stats. 2021, Ch. 406, Sec. 2. ) ## 7073. (a) A state agency shall create a military equipment use policy prior to engaging in any of the following: (1) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code. (2) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (3) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. (4) Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. (5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter. (6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7) Acquiring military equipment through any means not provided by this subdivision. (b) No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy. (c) A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy: (1) Publish the military equipment use policy on the agency’s internet website. (2) Provide a copy of the military equipment use policy to the Governor or the Governor’s designee. (Added by Stats. 2021, Ch. 406, Sec. 2. (AB 481) Effective January 1, 2022.)
  127. 7074.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.8. Funding, Acquisition, and Use of Military Equipment [7070 - 7075] ( Chapter 12.8 added by Stats. 2021, Ch. 406, Sec. 2. )

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    This chapter applies to all cities, including charter cities, and overrides conflicting city, county, or city-and-county charter provisions.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.8. Funding, Acquisition, and Use of Military Equipment [7070 - 7075] ( Chapter 12.8 added by Stats. 2021, Ch. 406, Sec. 2. ) ## 7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county. (Added by Stats. 2021, Ch. 406, Sec. 2. (AB 481) Effective January 1, 2022.)
  128. 7075.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.8. Funding, Acquisition, and Use of Military Equipment [7070 - 7075] ( Chapter 12.8 added by Stats. 2021, Ch. 406, Sec. 2. )

    Verify source ↗

    A county or local municipality may add its own requirements and standards for the purchase, use, and reporting of military equipment by local law enforcement agencies.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.8. Funding, Acquisition, and Use of Military Equipment [7070 - 7075] ( Chapter 12.8 added by Stats. 2021, Ch. 406, Sec. 2. ) ## 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies. (Added by Stats. 2021, Ch. 406, Sec. 2. (AB 481) Effective January 1, 2022.)
  129. 71043.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 6. Provisions Relating to Trial Courts [71043 - 71386] ( Heading of Chapter 6 amended by Stats. 2005, Ch. 75, Sec. 122. ) ## ARTICLE 2. Judicial Districts [71043- 71043.] ( Heading of Article 2 amended by Stats. 2016, Ch. 703, Sec. 14. )

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    The population status of a judicial district or former judicial district is determined using whichever listed census or court finding is latest.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 6. Provisions Relating to Trial Courts [71043 - 71386] ( Heading of Chapter 6 amended by Stats. 2005, Ch. 75, Sec. 122. ) ## ARTICLE 2. Judicial Districts [71043- 71043.] ( Heading of Article 2 amended by Stats. 2016, Ch. 703, Sec. 14. ) ## 71043. The determination of whether a judicial district or former judicial district has a population above or below 40,000 shall be made on the latest occurring of the following bases: (a) As shown by the last preceding federal census of the district or of the aggregate cities and other political subdivisions situated within the district, whichever is greater. (b) As shown by a subsequent census taken pursuant to Section 26203. (c) As may have been found to be the fact in any proceeding for declaratory relief brought in a court having jurisdiction. (Repealed and added by Stats. 2002, Ch. 784, Sec. 344. Effective January 1, 2003.)
  130. 71094.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 6. Provisions Relating to Trial Courts [71043 - 71386] ( Heading of Chapter 6 amended by Stats. 2005, Ch. 75, Sec. 122. ) ## ARTICLE 3. Court Superseded by Municipal Court [71094- 71094.] ( Article 3 repealed and added by Stats. 2002, Ch. 784, Sec. 346. )

    Verify source ↗

    Certain court employees’ continuous service is treated as prior service for retirement or pension systems that cover former municipal court officers and attachés.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 6. Provisions Relating to Trial Courts [71043 - 71386] ( Heading of Chapter 6 amended by Stats. 2005, Ch. 75, Sec. 122. ) ## ARTICLE 3. Court Superseded by Municipal Court [71094- 71094.] ( Article 3 repealed and added by Stats. 2002, Ch. 784, Sec. 346. ) ## 71094. Continuous employment in a court superseded by a municipal court, or in a court previously superseded by such superseded court, of the officers and attachés of the superseded court who succeeded to positions in a municipal court pursuant to the Municipal and Justice Court Act of 1949, or the provisions of law succeeding that act, shall be considered prior service within the definition of that term in any retirement or pension system that includes former municipal court officers and attachés. (Repealed and added by Stats. 2002, Ch. 784, Sec. 346. Effective January 1, 2003.)
  131. 7120.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 13. Dental Discrimination [7120- 7120.] ( Chapter 13 added by Stats. 1991, Ch. 729, Sec. 1. )

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    State and local public agencies may not discriminate against licensed dentists in employment, staff privileges, or professional service contracts based only on educational degree.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 13. Dental Discrimination [7120- 7120.] ( Chapter 13 added by Stats. 1991, Ch. 729, Sec. 1. ) ## 7120. (a) It is the intent of the Legislature that all persons licensed in this state to engage in the practice of dentistry shall be accorded equal professional status and privileges, without regard to the degree earned. (b) Notwithstanding any other provision of law, no agency of the state or of any city, county, city and county, district, or other political subdivision of the state shall discriminate, with respect to employment, staff privileges, or the provision of, or contracts for, professional services, against a licensed dentist solely on the basis of the educational degree held by the dentist. (Added by Stats. 1991, Ch. 729, Sec. 1.)
  132. 71265.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 6. Provisions Relating to Trial Courts [71043 - 71386] ( Heading of Chapter 6 amended by Stats. 2005, Ch. 75, Sec. 122. ) ## ARTICLE 7. Marshal [71265 - 71267] ( Article 7 repealed and added by Stats. 2002, Ch. 784, Sec. 353. )

    Verify source ↗

    Specified Government Code and Code of Civil Procedure provisions apply to marshals and govern their powers, duties, and liabilities.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 6. Provisions Relating to Trial Courts [71043 - 71386] ( Heading of Chapter 6 amended by Stats. 2005, Ch. 75, Sec. 122. ) ## ARTICLE 7. Marshal [71265 - 71267] ( Article 7 repealed and added by Stats. 2002, Ch. 784, Sec. 353. ) ## 71265. All provisions of Sections 26600 to 26604, inclusive, 26607 to 26608.1, inclusive, 26609, 26611, 26660 to 26664, inclusive, and 26680 of the Government Code, and Sections 262, 262.1, 262.2, 262.3, 262.4, and 262.5 of the Code of Civil Procedure, apply to marshals and govern their powers, duties and liabilities. (Repealed and added by Stats. 2002, Ch. 784, Sec. 353. Effective January 1, 2003.)
  133. 71266.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 6. Provisions Relating to Trial Courts [71043 - 71386] ( Heading of Chapter 6 amended by Stats. 2005, Ch. 75, Sec. 122. ) ## ARTICLE 7. Marshal [71265 - 71267] ( Article 7 repealed and added by Stats. 2002, Ch. 784, Sec. 353. )

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    Marshals must charge and collect the fees, expenses, and mileage allowed by law to sheriffs, and pay those fees into the county treasury by the fifth day of each month unless those amounts, or a percentage of them, are allowed to the officers.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 6. Provisions Relating to Trial Courts [71043 - 71386] ( Heading of Chapter 6 amended by Stats. 2005, Ch. 75, Sec. 122. ) ## ARTICLE 7. Marshal [71265 - 71267] ( Article 7 repealed and added by Stats. 2002, Ch. 784, Sec. 353. ) ## 71266. Marshals shall charge and collect for their services the fees, expenses, and mileage allowed by law to sheriffs. They shall pay those fees into the county treasury on or before the fifth day of each month, except where those fees, expenses, and mileage or a percentage of them are allowed those officers. (Repealed and added by Stats. 2002, Ch. 784, Sec. 353. Effective January 1, 2003.)
  134. 71267.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 6. Provisions Relating to Trial Courts [71043 - 71386] ( Heading of Chapter 6 amended by Stats. 2005, Ch. 75, Sec. 122. ) ## ARTICLE 7. Marshal [71265 - 71267] ( Article 7 repealed and added by Stats. 2002, Ch. 784, Sec. 353. )

    Verify source ↗

    The board of supervisors may create a revolving fund for the marshal, and the fund can be used only for services or materials that are a legal charge against the county.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 6. Provisions Relating to Trial Courts [71043 - 71386] ( Heading of Chapter 6 amended by Stats. 2005, Ch. 75, Sec. 122. ) ## ARTICLE 7. Marshal [71265 - 71267] ( Article 7 repealed and added by Stats. 2002, Ch. 784, Sec. 353. ) ## 71267. The board of supervisors may establish a revolving fund for the use of the marshal who serves the superior court within the county and is a county officer, pursuant to Sections 29320 to 29331, inclusive. The fund may only be used for services or materials that are a legal charge against the county. (Repealed and added by Stats. 2002, Ch. 784, Sec. 353. Effective January 1, 2003.)
  135. 71300.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 6. Provisions Relating to Trial Courts [71043 - 71386] ( Heading of Chapter 6 amended by Stats. 2005, Ch. 75, Sec. 122. ) ## ARTICLE 8. Retirement of Marshals and Constables [71300 - 71305] ( Article 8 added by Stats. 1953, Ch. 206. )

    Verify source ↗

    This section defines “marshal” and “constable” for this article, including active deputy marshals and deputy constables, and excludes certain other employees and honorary deputies.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 6. Provisions Relating to Trial Courts [71043 - 71386] ( Heading of Chapter 6 amended by Stats. 2005, Ch. 75, Sec. 122. ) ## ARTICLE 8. Retirement of Marshals and Constables [71300 - 71305] ( Article 8 added by Stats. 1953, Ch. 206. ) ## 71300. As used in this article “marshal” or “constable” means the marshal or the constable and any deputy marshal or deputy constable actively employed in the performance of duties as deputy marshal or constable. Other employees, such as clerks, bookkeepers, stenographers, or persons who may be appointed deputy marshal or constable but who do not perform the duties of such office, and persons holding honorary appointments as deputies but who receive no compensation and who do not regularly perform official duties are not included in this definition. (Amended by Stats. 1953, Ch. 255.)
  136. 71301.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 6. Provisions Relating to Trial Courts [71043 - 71386] ( Heading of Chapter 6 amended by Stats. 2005, Ch. 75, Sec. 122. ) ## ARTICLE 8. Retirement of Marshals and Constables [71300 - 71305] ( Article 8 added by Stats. 1953, Ch. 206. )

    Verify source ↗

    This provision says the article recognizes a public obligation to marshals and constables and is meant to provide extra compensation for their duties.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 6. Provisions Relating to Trial Courts [71043 - 71386] ( Heading of Chapter 6 amended by Stats. 2005, Ch. 75, Sec. 122. ) ## ARTICLE 8. Retirement of Marshals and Constables [71300 - 71305] ( Article 8 added by Stats. 1953, Ch. 206. ) ## 71301. The purpose of this article is to recognize a public obligation to the marshal and constable, whose duties expose them to more than ordinary risk and this article is designed to provide an additional element of compensation in consideration for the duties performed by such persons. (Added by Stats. 1953, Ch. 206.)
  137. 71302.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 6. Provisions Relating to Trial Courts [71043 - 71386] ( Heading of Chapter 6 amended by Stats. 2005, Ch. 75, Sec. 122. ) ## ARTICLE 8. Retirement of Marshals and Constables [71300 - 71305] ( Article 8 added by Stats. 1953, Ch. 206. )

    Verify source ↗

    Marshals and constables are entitled to a pension or retirement annuity.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 6. Provisions Relating to Trial Courts [71043 - 71386] ( Heading of Chapter 6 amended by Stats. 2005, Ch. 75, Sec. 122. ) ## ARTICLE 8. Retirement of Marshals and Constables [71300 - 71305] ( Article 8 added by Stats. 1953, Ch. 206. ) ## 71302. In addition to the compensation and allowances, there shall be allowed to the marshal and constable the right to a pension or retirement annuity in the same manner and amount and under the same terms and conditions as provided by law for county and township peace officers. (Added by Stats. 1953, Ch. 206.)
  138. 71303.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 6. Provisions Relating to Trial Courts [71043 - 71386] ( Heading of Chapter 6 amended by Stats. 2005, Ch. 75, Sec. 122. ) ## ARTICLE 8. Retirement of Marshals and Constables [71300 - 71305] ( Article 8 added by Stats. 1953, Ch. 206. )

    Verify source ↗

    If a county and township peace officers’ retirement or pension system exists, the marshal and constable must be included in it, are treated as county employees for this purpose, and their pension is a charge against the county.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 6. Provisions Relating to Trial Courts [71043 - 71386] ( Heading of Chapter 6 amended by Stats. 2005, Ch. 75, Sec. 122. ) ## ARTICLE 8. Retirement of Marshals and Constables [71300 - 71305] ( Article 8 added by Stats. 1953, Ch. 206. ) ## 71303. Where a county and township peace officers’ retirement or pension system is established, the marshal and constable shall be included in the system and, for the purpose of carrying out this article and enabling them to benefit thereby, they shall be deemed to be county employees for this purpose and the pension provided and payable to the marshal and constable is a legal charge against the county, subject to the provisions of such county and township peace officers’ retirement or pension system. (Added by Stats. 1953, Ch. 206.)
  139. 71304.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 6. Provisions Relating to Trial Courts [71043 - 71386] ( Heading of Chapter 6 amended by Stats. 2005, Ch. 75, Sec. 122. ) ## ARTICLE 8. Retirement of Marshals and Constables [71300 - 71305] ( Article 8 added by Stats. 1953, Ch. 206. )

    Verify source ↗

    For pension or retirement annuity purposes under this article, certain prior service must be counted toward a person’s length of service.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 6. Provisions Relating to Trial Courts [71043 - 71386] ( Heading of Chapter 6 amended by Stats. 2005, Ch. 75, Sec. 122. ) ## ARTICLE 8. Retirement of Marshals and Constables [71300 - 71305] ( Article 8 added by Stats. 1953, Ch. 206. ) ## 71304. In computing the length of service of any person entitled to the benefits of a pension or retirement annuity pursuant to this article, there shall be counted the time such person has served in a similar capacity with regard to his duties as an officer of any superseded court in the county, or that he may have served as a peace officer, as defined in the county and township peace officers’ pension or retirement act in the county. The service shall be continuous service as provided in such county or township peace officers’ pension or retirement act. (Added by Stats. 1953, Ch. 206.)
  140. 71305.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 6. Provisions Relating to Trial Courts [71043 - 71386] ( Heading of Chapter 6 amended by Stats. 2005, Ch. 75, Sec. 122. ) ## ARTICLE 8. Retirement of Marshals and Constables [71300 - 71305] ( Article 8 added by Stats. 1953, Ch. 206. )

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    The retirement annuity or pension under this article is granted to the marshal and constable only if the county provides a comparable retirement annuity or pension for county and township peace officers.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 6. Provisions Relating to Trial Courts [71043 - 71386] ( Heading of Chapter 6 amended by Stats. 2005, Ch. 75, Sec. 122. ) ## ARTICLE 8. Retirement of Marshals and Constables [71300 - 71305] ( Article 8 added by Stats. 1953, Ch. 206. ) ## 71305. The retirement annuity or pension provided by this article shall be granted to the marshal and constable only if in the county where the superior court is located there is provided a retirement annuity or pension for county and township peace officers who perform duties of the same character as those performed by the marshal and constable. (Amended by Stats. 2002, Ch. 784, Sec. 354. Effective January 1, 2003.)
  141. 71380.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 6. Provisions Relating to Trial Courts [71043 - 71386] ( Heading of Chapter 6 amended by Stats. 2005, Ch. 75, Sec. 122. ) ## ARTICLE 10. Uniform Accounting System for Courts [71380 - 71386] ( Heading of Article 10 amended by Stats. 1998, Ch. 931, Sec. 307. )

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    The Controller must set up, oversee, and keep trial court revenue distribution guidelines and an audit program for court revenue distributions.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 6. Provisions Relating to Trial Courts [71043 - 71386] ( Heading of Chapter 6 amended by Stats. 2005, Ch. 75, Sec. 122. ) ## ARTICLE 10. Uniform Accounting System for Courts [71380 - 71386] ( Heading of Article 10 amended by Stats. 1998, Ch. 931, Sec. 307. ) ## 71380. The Controller shall establish, supervise, and maintain trial court revenue distribution guidelines, including a program to audit the accuracy of distributions as provided by law, to ensure that all fines, penalties, forfeitures, and fees assessed by courts, and their collection and appropriate disbursement, shall be properly accounted for and distributed. The trial court revenue distribution guidelines shall apply to superior courts, counties, including counties’ probation departments, central collection bureaus, and any other agencies or entities having a role in this process. (Amended by Stats. 2016, Ch. 703, Sec. 17. (AB 2881) Effective January 1, 2017.)
  142. 71381.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 6. Provisions Relating to Trial Courts [71043 - 71386] ( Heading of Chapter 6 amended by Stats. 2005, Ch. 75, Sec. 122. ) ## ARTICLE 10. Uniform Accounting System for Courts [71380 - 71386] ( Heading of Article 10 amended by Stats. 1998, Ch. 931, Sec. 307. )

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    The uniform court accounting system may include bank accounts for each municipal court and may include records, reports, and procedures the Controller considers necessary.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 6. Provisions Relating to Trial Courts [71043 - 71386] ( Heading of Chapter 6 amended by Stats. 2005, Ch. 75, Sec. 122. ) ## ARTICLE 10. Uniform Accounting System for Courts [71380 - 71386] ( Heading of Article 10 amended by Stats. 1998, Ch. 931, Sec. 307. ) ## 71381. Such system may provide for bank accounts for each municipal court, in which money received by such court may be deposited and disbursed as provided therein, and for such records, reports, and procedures as the Controller may deem necessary to carry out the purposes of this article. (Amended by Stats. 1998, Ch. 931, Sec. 309. Effective September 28, 1998.)
  143. 71382.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 6. Provisions Relating to Trial Courts [71043 - 71386] ( Heading of Chapter 6 amended by Stats. 2005, Ch. 75, Sec. 122. ) ## ARTICLE 10. Uniform Accounting System for Courts [71380 - 71386] ( Heading of Article 10 amended by Stats. 1998, Ch. 931, Sec. 307. )

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    Superior court judges and clerks must keep and account for court accounts under the Controller’s system, and a willful failure is a misdemeanor.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 6. Provisions Relating to Trial Courts [71043 - 71386] ( Heading of Chapter 6 amended by Stats. 2005, Ch. 75, Sec. 122. ) ## ARTICLE 10. Uniform Accounting System for Courts [71380 - 71386] ( Heading of Article 10 amended by Stats. 1998, Ch. 931, Sec. 307. ) ## 71382. Every judge of a superior court, or the clerk of any such court, who willfully fails to keep accounts pursuant to the system or to account for the money paid into and disbursed by the court pursuant to the system established by the Controller pursuant to this article is guilty of a misdemeanor. (Amended by Stats. 2002, Ch. 784, Sec. 356. Effective January 1, 2003.)
  144. 71384.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 6. Provisions Relating to Trial Courts [71043 - 71386] ( Heading of Chapter 6 amended by Stats. 2005, Ch. 75, Sec. 122. ) ## ARTICLE 10. Uniform Accounting System for Courts [71380 - 71386] ( Heading of Article 10 amended by Stats. 1998, Ch. 931, Sec. 307. )

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    The accounting system may include depositing superior courts’ collected money in the county treasury, paying it out from there, and having the county auditor audit the accounts.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 6. Provisions Relating to Trial Courts [71043 - 71386] ( Heading of Chapter 6 amended by Stats. 2005, Ch. 75, Sec. 122. ) ## ARTICLE 10. Uniform Accounting System for Courts [71380 - 71386] ( Heading of Article 10 amended by Stats. 1998, Ch. 931, Sec. 307. ) ## 71384. The system established pursuant to this article may provide for the deposit of all money collected by superior courts in the county treasury, for disbursement from it, and for the audit of such accounts by the county auditor. (Amended by Stats. 2002, Ch. 784, Sec. 357. Effective January 1, 2003.)
  145. 71385.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 6. Provisions Relating to Trial Courts [71043 - 71386] ( Heading of Chapter 6 amended by Stats. 2005, Ch. 75, Sec. 122. ) ## ARTICLE 10. Uniform Accounting System for Courts [71380 - 71386] ( Heading of Article 10 amended by Stats. 1998, Ch. 931, Sec. 307. )

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    This article overrides any conflicting laws that existed on September 22, 1951.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 6. Provisions Relating to Trial Courts [71043 - 71386] ( Heading of Chapter 6 amended by Stats. 2005, Ch. 75, Sec. 122. ) ## ARTICLE 10. Uniform Accounting System for Courts [71380 - 71386] ( Heading of Article 10 amended by Stats. 1998, Ch. 931, Sec. 307. ) ## 71385. This article shall supersede any conflicting provisions of law existing on September 22, 1951. (Added by Stats. 1953, Ch. 206.)
  146. 71386.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 6. Provisions Relating to Trial Courts [71043 - 71386] ( Heading of Chapter 6 amended by Stats. 2005, Ch. 75, Sec. 122. ) ## ARTICLE 10. Uniform Accounting System for Courts [71380 - 71386] ( Heading of Article 10 amended by Stats. 1998, Ch. 931, Sec. 307. )

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    Superior courts must adopt a written policy for accepting checks and money orders for certain court payments, and courts must accept qualifying checks or money orders in specified cases.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 6. Provisions Relating to Trial Courts [71043 - 71386] ( Heading of Chapter 6 amended by Stats. 2005, Ch. 75, Sec. 122. ) ## ARTICLE 10. Uniform Accounting System for Courts [71380 - 71386] ( Heading of Article 10 amended by Stats. 1998, Ch. 931, Sec. 307. ) ## 71386. (a) Each superior court shall adopt a written policy, consistent with rules adopted by, or trial court financial policies and procedures authorized by, the Judicial Council under subdivision (a) of Section 77206, governing the acceptance of checks and money orders in payment of any fees, fines, or bail deposits. The policy shall permit clerks to accept checks and money orders under conditions that tend to assure their validity. (b) A court shall accept a personal check, bank cashier’s check, or money order for payment of any fee or fine, or for a deposit of bail for any offense that is not declared to be a felony, provided the check or money order meets the criteria established in subdivision (a). However, no court shall be required to accept a check in excess of three hundred dollars ($300) from a defendant in custody as a deposit of bail for any alleged violation of the Penal Code. (c) The acceptance of a check pursuant to this section constitutes payment of the obligation owed to the payee public agency to the extent of the amount of the check as of the date of acceptance. (d) If any check offered in payment pursuant to this section is returned to the payee without payment, a reasonable charge for the returned check not to exceed the actual costs incurred may be imposed to recover the processing and collection costs. This charge may be added to, and become part of, any underlying obligation other than an obligation that constitutes a lien on real property, or a different method of payment for that payment and future payments by that person may be prescribed. If the costs are incurred by the county, the charges imposed for a returned check shall be retained by the treasurer of the county and be deposited in the county general fund. If the costs are incurred by the court, the charges imposed for a returned check shall be distributed to the court under Section 68085.1. (Amended by Stats. 2005, Ch. 75, Sec. 123. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)
  147. 7150.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 1. Definitions [7150 - 7164] ( Article 1 added by Stats. 1980, Ch. 600. )

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    Definitions in this article govern how this chapter is read, unless the context requires otherwise.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 1. Definitions [7150 - 7164] ( Article 1 added by Stats. 1980, Ch. 600. ) ## 7150. Unless the context otherwise requires, the words and phrases defined in this article govern the construction of this chapter. (Added by Stats. 1980, Ch. 600.)
  148. 7150.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 1. Definitions [7150 - 7164] ( Article 1 added by Stats. 1980, Ch. 600. )

    Verify source ↗

    This section defines “Agency” for different state tax lien contexts.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 1. Definitions [7150 - 7164] ( Article 1 added by Stats. 1980, Ch. 600. ) ## 7150.5. “Agency” means: (a) The Director of Employment Development with respect to a state tax lien created under Section 1703 of the Unemployment Insurance Code. (b) The Franchise Tax Board with respect to a state tax lien created under Section 19221 of the Revenue and Taxation Code. (c) The State Board of Equalization with respect to a state tax lien created under Section 6757, 8996, 30322, 32363, or 38532 of the Revenue and Taxation Code. (d) The Controller with respect to a state tax lien created under Section 3423 or 3772 of the Public Resources Code or Section 7872 or 16063 of the Revenue and Taxation Code. (Amended by Stats. 2017, Ch. 26, Sec. 58. (SB 92) Effective June 27, 2017.)
  149. 7151.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 1. Definitions [7150 - 7164] ( Article 1 added by Stats. 1980, Ch. 600. )

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    This section defines “bona fide purchaser” by linking it to the meaning of “protected purchaser” in Commercial Code Section 8303.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 1. Definitions [7150 - 7164] ( Article 1 added by Stats. 1980, Ch. 600. ) ## 7151. “Bona fide purchaser” has the same meaning as “protected purchaser” as defined in Section 8303 of the Commercial Code. (Amended by Stats. 1996, Ch. 497, Sec. 30. Effective January 1, 1997.)
  150. 7152.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 1. Definitions [7150 - 7164] ( Article 1 added by Stats. 1980, Ch. 600. )

    Verify source ↗

    This section defines “buyer in ordinary course of business” by referring to the Commercial Code definition.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 1. Definitions [7150 - 7164] ( Article 1 added by Stats. 1980, Ch. 600. ) ## 7152. “Buyer in ordinary course of business” has the same meaning as defined in paragraph (9) of subdivision (b) of Section 1201 of the Commercial Code. (Amended by Stats. 2006, Ch. 254, Sec. 78. Effective January 1, 2007.)
  151. 7153.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 1. Definitions [7150 - 7164] ( Article 1 added by Stats. 1980, Ch. 600. )

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    This section defines “chattel paper” by cross-reference to the Commercial Code.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 1. Definitions [7150 - 7164] ( Article 1 added by Stats. 1980, Ch. 600. ) ## 7153. “Chattel paper” has the same meaning as defined in paragraph (11) of subdivision (a) of Section 9102 of the Commercial Code. (Amended by Stats. 1999, Ch. 991, Sec. 44.9. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
  152. 7154.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 1. Definitions [7150 - 7164] ( Article 1 added by Stats. 1980, Ch. 600. )

    Verify source ↗

    “Deposit account” means the same thing as in the referenced Commercial Code provision.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 1. Definitions [7150 - 7164] ( Article 1 added by Stats. 1980, Ch. 600. ) ## 7154. “Deposit account” has the same meaning as defined in paragraph (29) of subdivision (a) of Section 9102 of the Commercial Code. (Amended by Stats. 1999, Ch. 991, Sec. 45. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
  153. 7155.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 1. Definitions [7150 - 7164] ( Article 1 added by Stats. 1980, Ch. 600. )

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    This section defines “duly negotiated” by referring to the meaning in Section 7501 of the Commercial Code.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 1. Definitions [7150 - 7164] ( Article 1 added by Stats. 1980, Ch. 600. ) ## 7155. “Duly negotiated” has the same meaning as defined in Section 7501 of the Commercial Code. (Added by Stats. 1980, Ch. 600.)
  154. 7156.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 1. Definitions [7150 - 7164] ( Article 1 added by Stats. 1980, Ch. 600. )

    Verify source ↗

    “Holder in due course” means the same thing as in Section 3302 of the Commercial Code.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 1. Definitions [7150 - 7164] ( Article 1 added by Stats. 1980, Ch. 600. ) ## 7156. “Holder in due course” has the same meaning as defined in Section 3302 of the Commercial Code. (Added by Stats. 1980, Ch. 600.)
  155. 7157.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 1. Definitions [7150 - 7164] ( Article 1 added by Stats. 1980, Ch. 600. )

    Verify source ↗

    This section defines “Instrument” by referring to another section of the Commercial Code.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 1. Definitions [7150 - 7164] ( Article 1 added by Stats. 1980, Ch. 600. ) ## 7157. “Instrument” has the same meaning as defined in paragraph (47) of subdivision (a) of Section 9102 of the Commercial Code. (Amended by Stats. 1999, Ch. 991, Sec. 45.1. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
  156. 7158.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 1. Definitions [7150 - 7164] ( Article 1 added by Stats. 1980, Ch. 600. )

    Verify source ↗

    “Personal property” includes both tangible and intangible personal property.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 1. Definitions [7150 - 7164] ( Article 1 added by Stats. 1980, Ch. 600. ) ## 7158. “Personal property” includes both tangible and intangible personal property. (Added by Stats. 1980, Ch. 600.)
  157. 7159.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 1. Definitions [7150 - 7164] ( Article 1 added by Stats. 1980, Ch. 600. )

    Verify source ↗

    This section defines “purchase money security interest” by referring to the meaning in Section 9103 of the Commercial Code.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 1. Definitions [7150 - 7164] ( Article 1 added by Stats. 1980, Ch. 600. ) ## 7159. “Purchase money security interest” has the same meaning as defined in Section 9103 of the Commercial Code. (Amended by Stats. 1999, Ch. 991, Sec. 45.2. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
  158. 7160.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 1. Definitions [7150 - 7164] ( Article 1 added by Stats. 1980, Ch. 600. )

    Verify source ↗

    This section defines “real property” to include any rights in real property.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 1. Definitions [7150 - 7164] ( Article 1 added by Stats. 1980, Ch. 600. ) ## 7160. “Real property” includes any rights in real property. (Added by Stats. 1980, Ch. 600.)
  159. 71600.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 1. General Provisions [71600 - 71618] ( Article 1 added by Stats. 2000, Ch. 1010, Sec. 14. )

    Verify source ↗

    This chapter may be cited as the Trial Court Employment Protection and Governance Act.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 1. General Provisions [71600 - 71618] ( Article 1 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71600. This chapter may be cited as the Trial Court Employment Protection and Governance Act. (Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
  160. 71601.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 1. General Provisions [71600 - 71618] ( Article 1 added by Stats. 2000, Ch. 1010, Sec. 14. )

    Verify source ↗

    This section defines key terms for trial court employment rules and limits temporary employees to 180 calendar days in the trial court, with a special agreement-based exception for certain court reporters.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 1. General Provisions [71600 - 71618] ( Article 1 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71601. For purposes of this chapter, the following definitions shall apply: (a) “Appointment” means the offer to and acceptance by a person of a position in the trial court in accordance with this chapter and the trial court’s personnel policies, procedures, and plans. (b) “Employee organization” means either of the following: (1) Any organization that includes trial court employees and has as one of its primary purposes representing those employees in their relations with that trial court. (2) Any organization that seeks to represent trial court employees in their relations with that trial court. (c) “Hiring” means appointment as defined in subdivision (a). (d) “Mediation” means effort by an impartial third party to assist in reconciling a dispute regarding wages, hours, and other terms and conditions of employment between representatives of the trial court and the recognized employee organization or recognized employee organizations through interpretation, suggestion, and advice. (e) “Meet and confer in good faith” means that a trial court or representatives as it may designate, and representatives of recognized employee organizations, shall have the mutual obligation personally to meet and confer promptly upon request by either party and continue for a reasonable period of time in order to exchange freely information, opinions, and proposals, and to endeavor to reach agreement on matters within the scope of representation. The process should include adequate time for the resolution of impasses where specific procedures for resolution are contained in this chapter or in a local rule, or when the procedures are utilized by mutual consent. (f) “Personnel rules,” “personnel policies, procedures, and plans,” and “rules and regulations” mean policies, procedures, plans, rules, or regulations adopted by a trial court or its designee pertaining to conditions of employment of trial court employees, subject to meet and confer in good faith. (g) “Promotion” means promotion within the trial court as defined in the trial court’s personnel policies, procedures, and plans, subject to meet and confer in good faith. (h) “Recognized employee organization” means an employee organization that has been formally acknowledged to represent trial court employees by the county under Sections 3500 to 3510, inclusive, prior to the implementation date of this chapter, or by the trial court under former Rules 2201 to 2210, inclusive, of the California Rules of Court, as those rules read on April 23, 1997, Sections 70210 to 70218, inclusive, or Article 3 (commencing with Section 71630). (i) “Subordinate judicial officer” means an officer appointed to perform subordinate judicial duties as authorized by Section 22 of Article VI of the California Constitution, including, but not limited to, a court commissioner, probate commissioner, child support commissioner, referee, traffic referee, juvenile court referee, and juvenile hearing officer. (j) “Transfer” means transfer within the trial court as defined in the trial court’s personnel policies, procedures, and plans, subject to meet and confer in good faith. (k) “Trial court” means a superior court. (l) “Trial court employee” means a person who is both of the following: (1) Paid from the trial court’s budget, regardless of the funding source. For the purpose of this paragraph, “trial court’s budget” means funds from which the presiding judge of a trial court, or the presiding judge’s designee, has authority to control, authorize, and direct expenditures, including, but not limited to, local revenues, all grant funds, and trial court operations funds. (2) Subject to the trial court’s right to control the manner and means of the person’s work because of the trial court’s authority to hire, supervise, discipline, and terminate employment. For purposes of this paragraph only, the “trial court” includes the judges of a trial court or their appointees who are vested with or delegated the authority to hire, supervise, discipline, and terminate. (m) A person is a “trial court employee” if and only if both paragraphs (1) and (2) of subdivision (l) are true irrespective of job classification or whether the functions performed by that person are identified in Rule 10.810 of the California Rules of Court. “Trial court employee” includes those subordinate judicial officers who satisfy paragraphs (1) and (2) of subdivision (l). The phrase “trial court employee” does not include temporary employees hired through agencies, jurors, individuals hired by the trial court pursuant to an independent contractor agreement, individuals for whom the county or trial court reports income to the Internal Revenue Service on a Form 1099 and does not withhold employment taxes, sheriffs, temporary judges, and judges whether elected or appointed. Any temporary employee, whether hired through an agency or not, shall not be employed in the trial court for a period exceeding 180 calendar days, except that for court reporters in a county of the first class, a trial court and a recognized employee organization may provide otherwise by mutual agreement in a memorandum of understanding or other agreement. (Amended by Stats. 2021, Ch. 117, Sec. 7. (AB 414) Effective January 1, 2022.)
  161. 7161.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 1. Definitions [7150 - 7164] ( Article 1 added by Stats. 1980, Ch. 600. )

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    This section defines “Security” by referring to the meaning given in Section 8102 of the Commercial Code.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 1. Definitions [7150 - 7164] ( Article 1 added by Stats. 1980, Ch. 600. ) ## 7161. “Security” has the same meaning as defined in Section 8102 of the Commercial Code. (Amended by Stats. 2016, Ch. 86, Sec. 152. (SB 1171) Effective January 1, 2017.)
  162. 71612.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 1. General Provisions [71600 - 71618] ( Article 1 added by Stats. 2000, Ch. 1010, Sec. 14. )

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    This section says the act does not itself change existing wages, hours, or other employment terms for trial court employees, unless the chapter expressly provides otherwise.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 1. General Provisions [71600 - 71618] ( Article 1 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71612. Except as otherwise expressly provided in this chapter, the enactment of this act shall not be a cause for the modification or elimination of any existing wages, hours, or terms and conditions of employment of trial court employees. However, except as to those procedures, rights, or practices described in this chapter as minimum standards, the enactment of this act shall not prevent the modification or elimination of existing wages, hours or terms and conditions of employment through the meet and confer in good faith process or, in those situations in which the employees are either exempted from representation, or are not represented by a recognized employee organization, through appropriate procedures. (Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
  163. 71614.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 1. General Provisions [71600 - 71618] ( Article 1 added by Stats. 2000, Ch. 1010, Sec. 14. )

    Verify source ↗

    This chapter must not be construed to affect how Sections 70210 to 70218 are interpreted or operate for trial court unification purposes.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 1. General Provisions [71600 - 71618] ( Article 1 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71614. Nothing in this chapter shall be construed as affecting the interpretation or operation of Sections 70210 to 70218, inclusive, for purposes of unification of the trial courts. (Amended by Stats. 2021, Ch. 117, Sec. 8. (AB 414) Effective January 1, 2022.)
  164. 71615.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 1. General Provisions [71600 - 71618] ( Article 1 added by Stats. 2000, Ch. 1010, Sec. 14. )

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    This section sets the section’s effective date and governs how trial court employment terms, transfers, and personnel policies are implemented.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 1. General Provisions [71600 - 71618] ( Article 1 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71615. (a) Except as provided in subdivision (b), the effective date of this section shall be January 1, 2004. (b) Representatives of a trial court and representatives of recognized employee organizations may mutually agree to an implementation date of this section later than January 1, 2004. However, if any provisions of this chapter are governed by an existing memorandum of understanding or agreement covering trial court employees, as to those provisions the implementation date shall be either the date a successor memorandum of understanding or agreement is effective or, if no agreement for a successor memorandum of understanding or agreement is reached, 90 days from the date of the expiration of the predecessor memorandum of understanding or agreement, unless representatives of the trial court and representatives of recognized employee organizations mutually agree otherwise. (c) As of the implementation date of this chapter, all of the following shall apply: (1) All persons who meet the definition of trial court employee shall become trial court employees at their existing or equivalent classifications. (2) Employment seniority of a trial court employee, as calculated and used under the system in effect prior to the implementation of this act, shall be calculated and used in the same manner by the trial court. (3) A trial court employee shall have the same status he or she had as a probationary, permanent, or regular employee under the system in effect prior to January 1, 2004. A probationary employee shall not be required to serve a new probationary period and shall continue the existing probationary period under the terms of hire. (4) Subject to the agreement of the county, and unless prohibited or limited by charter provisions, the policies regarding transfer between the trial court and the county that are in place as of January 1, 2004, shall be continued while an existing memorandum of understanding or agreement remains in effect or for two years, whichever is longer, and any further rights of trial court employees to transfer between the trial court and the county shall be subject to the obligation to meet and confer in good faith at the local level between representatives of the trial court and representatives of recognized employee organizations and local negotiation between the trial court and the county. Subject to the agreement of the county, and unless prohibited or limited by charter provisions, the policies regarding the portability of seniority, accrued leave credits, and leave accrual rates that are in effect January 1, 2004, shall be continued if trial court or county employees transfer between the trial court and the county or the county and the trial court while an existing memorandum of understanding or agreement remains in effect, or for a period of two years, whichever is longer. Any further right of trial court employees to portability is subject to the obligation to meet and confer in good faith between representatives of the trial court and representatives of recognized employee organizations and local negotiation between the trial court and the county. (5) Each trial court shall be deemed the successor employer of all trial court employees in the county in which the trial court is located. (d) In establishing local personnel structures for trial court employees in accordance with this chapter, the trial court shall comply with contractual obligations, and consideration shall be given to minimizing disruption of the trial court workforce and protecting the rights accrued by trial court employees under their current systems. However, prior contractual obligations and rights may be reconsidered subject to the obligation to meet and confer in good faith, provided both parties give consideration to past contractual obligations and rights. (e) Unrepresented trial court employees are governed by a trial court’s personnel policies, procedures, and plans. The implementation of this section may not be a cause for changing a trial court’s personnel policies, procedures, and plans applicable to unrepresented trial court employees except where required to bring those policies, procedures, and plans into conformity with this chapter. Except as otherwise expressly provided in this section, a trial court retains all existing rights with respect to revising its personnel policies, procedures, and plans as applied to unrepresented trial court employees. (f) Upon implementation of this section in a trial court, Sections 68650 to 68655, inclusive, and Rules 10.650 to 10.659, inclusive, of the California Rules of Court, shall be inoperative as to that trial court. (g) Notwithstanding paragraph (4) of subdivision (c), both of the following shall apply: (1) Unless prohibited or limited by charter provisions, the policies regarding transfer between either the trial court and the county or the county and the trial court that were in effect as of January 1, 2001, shall be continued while an existing memorandum of understanding or agreement remains in effect or until January 1, 2005, whichever period is longer. Thereafter, any rights of trial court employees to transfer between the trial court and the county shall be subject to the obligation to meet and confer in good faith at the local level between representatives of the trial court and representatives of recognized employee organizations, and local negotiation between the trial court and the county. (2) Unless prohibited or limited by charter provisions, the policies regarding the portability of seniority, accrued leave credits, and leave accrual rates that were in effect on January 1, 2001, shall be continued if trial court or county employees transfer between either the trial court and the county or the county and the trial court while an existing memorandum of understanding or agreement remains in effect, or until January 1, 2005, whichever period is longer. Thereafter, any right of trial court employees to portability is subject to the obligation to meet and confer in good faith between representatives of the trial court and representatives of recognized employee organizations and local negotiation between the trial court and the county. (Amended by Stats. 2007, Ch. 130, Sec. 137. Effective January 1, 2008.)
  165. 71616.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 1. General Provisions [71600 - 71618] ( Article 1 added by Stats. 2000, Ch. 1010, Sec. 14. )

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    If part of this chapter is found invalid, the rest of the chapter remains effective if it can still be given effect.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 1. General Provisions [71600 - 71618] ( Article 1 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71616. If any provision of this chapter, or the application thereof, to any person or circumstances, is held invalid, the invalidity shall not affect other provisions or application of the chapter which can be given effect without the invalid provisions or application and, to this end the provisions of this chapter are severable. (Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
  166. 71618.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 1. General Provisions [71600 - 71618] ( Article 1 added by Stats. 2000, Ch. 1010, Sec. 14. )

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    This section declares that the chapter applies statewide to all counties, trial courts, and court employees, despite contrary charter provisions.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 1. General Provisions [71600 - 71618] ( Article 1 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71618. The Legislature hereby finds and declares that the status, rights, and protections provided to court employees under this chapter constitute a matter of statewide concern. Therefore, this chapter is applicable to all counties, notwithstanding charter provisions to the contrary. In order to ensure that effective court services are provided to all people of this state and to ensure stable court employer-employee relations, it is necessary that this chapter be applicable to all trial courts and court employees, as defined in this chapter, wherever situated within the State of California. (Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
  167. 7162.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 1. Definitions [7150 - 7164] ( Article 1 added by Stats. 1980, Ch. 600. )

    Verify source ↗

    This section defines “State tax lien.”

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 1. Definitions [7150 - 7164] ( Article 1 added by Stats. 1980, Ch. 600. ) ## 7162. “State tax lien” means a lien created pursuant to Section 8048 of the Fish and Game Code, Section 3423 or 3772 of the Public Resources Code, Section 6757, 7872, 8996, 13610, 16063, 16810, 19221, 30322, 32363, or 38532 of the Revenue and Taxation Code, or Section 1703 of the Unemployment Insurance Code. (Amended by Stats. 2003, Ch. 185, Sec. 3. Effective January 1, 2004.)
  168. 71620.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 2. Authority to Hire, Classification, and Compensation [71620 - 71629] ( Article 2 added by Stats. 2000, Ch. 1010, Sec. 14. )

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    Each trial court may create job classifications, appoint court staff and an executive or administrative officer, and set that officer’s qualifications.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 2. Authority to Hire, Classification, and Compensation [71620 - 71629] ( Article 2 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71620. (a) Each trial court may establish such job classifications and may appoint such trial court officers, deputies, assistants, and employees as are deemed necessary for the performance of the duties and the exercise of the powers conferred by law upon the trial court and its members. (b) Each trial court may appoint an executive or administrative officer who shall hold office at the pleasure of the trial court and shall exercise such administrative powers and perform such other duties as may be required by the trial court. The executive or administrative officer has the authority of a clerk of the trial court. The trial court shall fix the qualifications of the executive or administrative officer and may delegate to him or her any administrative powers and duties required to be exercised by the trial court. (Amended by Stats. 2002, Ch. 784, Sec. 359. Effective January 1, 2003.)
  169. 71622.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 2. Authority to Hire, Classification, and Compensation [71620 - 71629] ( Article 2 added by Stats. 2000, Ch. 1010, Sec. 14. )

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    Trial courts may appoint necessary subordinate judicial officers, but the Judicial Council must approve their number and type and set minimum qualifications and training rules.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 2. Authority to Hire, Classification, and Compensation [71620 - 71629] ( Article 2 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71622. (a) Each trial court may establish and may appoint any subordinate judicial officers that are deemed necessary for the performance of subordinate judicial duties, as authorized by law to be performed by subordinate judicial officers. However, the number and type of subordinate judicial officers in a trial court shall be subject to approval by the Judicial Council. Subordinate judicial officers shall serve at the pleasure of the trial court. (b) The appointment or termination of a subordinate judicial officer shall be made by order of the presiding judge or another judge or a committee to whom appointment or termination authority is delegated by the court, and shall be entered in the minutes of the court. (c) The Judicial Council shall promulgate rules establishing the minimum qualifications and training requirements for subordinate judicial officers. (d) The presiding judge of a superior court may cross-assign one type of subordinate judicial officer to exercise all the powers and perform all the duties authorized by law to be performed by another type of subordinate judicial officer, but only if the person cross-assigned satisfies the minimum qualifications and training requirements for the new assignment established by the Judicial Council pursuant to subdivision (c). (e) The superior courts of two or more counties may appoint the same person as court commissioner. (f) As of the implementation date of this chapter, all persons who were authorized to serve as subordinate judicial officers pursuant to other provisions of law shall be authorized by this section to serve as subordinate judicial officers at their existing salary rate, which may be a percentage of the salary of a judicial officer. (g) A subordinate judicial officer who has been duly appointed and has thereafter retired from service may be assigned by a presiding judge to perform subordinate judicial duties consistent with subdivision (a). The retired subordinate judicial officer shall be subject to the limits, if any, on postretirement service prescribed by the Public Employees’ Retirement System, the county defined-benefit retirement system, as defined in subdivision (f) of Section 71624, or any other defined-benefit retirement plan from which the retired officer is receiving benefits. The retired subordinate judicial officer shall be compensated by the assigning court at a rate not to exceed 85 percent of the compensation of a retired judge assigned to a superior court. (Amended by Stats. 2005, Ch. 22, Sec. 110. Effective January 1, 2006.)
  170. 71622.5.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 2. Authority to Hire, Classification, and Compensation [71620 - 71629] ( Article 2 added by Stats. 2000, Ch. 1010, Sec. 14. )

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    Courts may appoint hearing officers for specified hearings, and hearing officers appointed under this section can conduct those hearings and make determinations.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 2. Authority to Hire, Classification, and Compensation [71620 - 71629] ( Article 2 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71622.5. (a) The Legislature hereby declares that due to the need to implement the 2011 Realignment Legislation addressing public safety (Chapter 15 of the Statutes of 2011), it is the intent of the Legislature to afford the courts the maximum flexibility to manage the caseload in the manner that is most appropriate to each court. (b) Notwithstanding Section 71622, the superior court of any county may appoint as many hearing officers as deemed necessary to conduct parole revocation hearings pursuant to Sections 3000.08 and 3000.09 of the Penal Code and to determine violations of conditions of postrelease supervision pursuant to Section 3455 of the Penal Code, and to perform related duties as authorized by the court. A hearing officer appointed pursuant to this section has the authority to conduct these hearings and to make determinations at those hearings pursuant to applicable law. (c) (1) A person is eligible to be appointed a hearing officer pursuant to this section if the person meets one of the following criteria: (A) He or she has been an active member of the State Bar of California for at least 10 years continuously prior to appointment. (B) He or she is or was a judge of a court of record of California within the last five years, or is currently eligible for the assigned judge program. (C) He or she is or was a commissioner, magistrate, referee, or hearing officer authorized to perform the duties of a subordinate judicial officer of a court of record of California within the last five years. (2) The superior court may prescribe additional minimum qualifications for hearing officers appointed pursuant to this section and may prescribe mandatory training for those hearing officers in addition to any training and education that may be required as judges or employees of the superior court. (d) The manner of appointment of a hearing officer pursuant to this section and compensation to be paid to a hearing officer shall be determined by the court. That compensation is within the definition of “court operations” pursuant to Section 77003 and California Rules of Court, rule 10.810. (e) The superior courts of two or more counties may appoint the same person as a hearing officer under this section. (Added by Stats. 2011, Ch. 39, Sec. 1. (AB 117) Effective June 30, 2011. Operative October 1, 2011, pursuant to Secs. 68 and 69 of Ch. 39.)
  171. 71623.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 2. Authority to Hire, Classification, and Compensation [71620 - 71629] ( Article 2 added by Stats. 2000, Ch. 1010, Sec. 14. )

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    Trial courts may set salary ranges for employee classifications and must consider local market and compensation conditions when doing so.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 2. Authority to Hire, Classification, and Compensation [71620 - 71629] ( Article 2 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71623. (a) Each trial court may establish a salary range for each of its employee classifications. Considerations shall include, but are not limited to, local market conditions and other local compensation-related issues such as difficulty of recruitment or retention. (b) All persons who are trial court employees as defined in Section 71601, as of the implementation date of this chapter shall become trial court employees at their existing salary rate. For employees who are represented by a recognized employee organization, salary ranges may be subject to modification pursuant to the terms of a memorandum of understanding or agreement, or upon expiration of an existing memorandum of understanding or agreement subject to meet and confer in good faith. For employees who are not represented by a recognized employee organization, salary ranges may be revised by the trial court. However, as provided in Section 71612, the implementation of this chapter shall not be a cause for the modification of salary ranges by a trial court. (Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
  172. 71623.5.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 2. Authority to Hire, Classification, and Compensation [71620 - 71629] ( Article 2 added by Stats. 2000, Ch. 1010, Sec. 14. )

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    Trial courts must provide workers’ compensation coverage for trial court employees, and the Judicial Council must require the Administrative Office of the Courts to set up a workers’ compensation program and guidance. If a county is already providing coverage, it must keep doing so for a limited transition period unless notice is given or the parties agree otherwise.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 2. Authority to Hire, Classification, and Compensation [71620 - 71629] ( Article 2 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71623.5. (a) As of July 1, 2001, trial courts shall provide workers’ compensation coverage for trial court employees under a workers’ compensation program established by the Administrative Office of the Courts or a program selected or approved by the Administrative Office of the Courts. The Judicial Council shall adopt rules of court requiring the Administrative Office of the Courts to establish a workers’ compensation program for the trial courts and to provide guidance to the trial courts to ensure that the courts’ workers’ compensation coverage, including workers’ compensation employer liability coverage, meets all legal requirements and is cost-efficient. (b) If, as of the implementation date of this chapter, the county provides workers’ compensation coverage for trial court employees, the county shall continue to provide the coverage, under the same terms and conditions as coverage was provided immediately preceding implementation of this chapter. This coverage shall continue for a transition period of up to 24 months after the implementation date of this chapter, unless the court gives the county 60 days’ notice, or a mutually agreed to period of notice, that the court no longer needs the county to provide the coverage. Subject to approval by the Administrative Office of the Courts, the parties may mutually agree to county-provided coverage beyond the 24-month transition period. (c) County provision of workers’ compensation coverage for trial court employees shall not be construed to create a meet and confer obligation between the county and any recognized employee organization. (Amended by Stats. 2001, Ch. 270, Sec. 2. Effective January 1, 2002.)
  173. 71624.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 2. Authority to Hire, Classification, and Compensation [71620 - 71629] ( Article 2 added by Stats. 2000, Ch. 1010, Sec. 14. )

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    County and trial courts must set up the required retirement contract structure, and trial courts must pay the required contribution rate for covered employees.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 2. Authority to Hire, Classification, and Compensation [71620 - 71629] ( Article 2 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71624. (a) A county that contracts with the Board of Administration of the Public Employees’ Retirement System as of the implementation date of this chapter and the trial court located within that county shall establish a joint contract with the county under Section 20460.1 and subdivision (b) of Section 20469.1 in accordance with the pertinent provisions of the Public Employees’ Retirement Law (Part 3 (commencing with Section 20000) of Division 5 of Title 2) and any other applicable rules of the retirement system unless the county and trial court located within that county jointly and voluntarily elect to establish separate contracts under Section 20471.2. Eligibility to participate in the Public Employees’ Retirement System shall be determined in accordance with the pertinent provisions of the Public Employees’ Retirement Law and any other applicable rules of the retirement system. For all other counties and their corresponding county defined-benefit retirement system, a trial court employee shall be eligible to participate as a member in the existing county defined-benefit retirement system in the county in which the court is located. (b) If a trial court employee participates as a member in a county defined-benefit retirement system, their participation shall be subject to the applicable statutes, rules, regulations, policies, and plan and contract terms of the retirement system as is any other member of the system. In accordance with these provisions, the trial court employee who is a member of a county defined-benefit retirement system shall have the right to receive the same defined-benefit retirement plan benefits as county employees without the opportunity to meet and confer with the county as to those benefits. For all county defined-benefit systems other than the Public Employees’ Retirement System, the trial court shall pay to the county retirement system at the same rate of contribution for trial court employees as is required of the county for county employees under the county retirement system for the same benefit level. Provided that a county and a trial court are parties to a joint contract with CalPERS for the provision of retirement benefits under Sections 20460.1 and 20469.1, the county defined-benefit retirement system contribution rates for the trial court shall be the same as the contribution rates for the county for the same benefit levels. (c) Unless otherwise required by law, as provided in Section 71612, the implementation of this chapter shall not be a cause for the modification of the trial court employee’s contractual coverage under, or exclusion from, social security. (d) To facilitate trial court employee participation in county defined-benefit retirement plans, the trial court and county may mutually agree that the county shall administer the payroll for trial court employees. (e) This section does not preclude a trial court from offering a different defined-benefit retirement plan for trial court employees that is separate from the county defined-benefit retirement plan, subject to the terms of a memorandum of understanding or agreement for represented employees, or the terms of trial court policies, procedures, or plans, for unrepresented employees. The mechanism for implementation of these plans shall be created by statute. (f) For purposes of this section, “county defined-benefit retirement system” means a defined-benefit retirement system administered by the county or applicable governing body, including systems established pursuant to the Public Employees’ Retirement Law (Part 3 (commencing with Section 20000) of Division 5 of Title 2), the County Employees Retirement Law of 1937 (Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3), or an independent retirement system or plan. (g) On the date this chapter is implemented, a trial court employee who is a member of any county defined-benefit retirement system shall continue to be eligible to receive the same level of benefits that the member was eligible to receive prior to implementation of this chapter. (Amended by Stats. 2024, Ch. 80, Sec. 78. (SB 1525) Effective January 1, 2025.)
  174. 71625.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 2. Authority to Hire, Classification, and Compensation [71620 - 71629] ( Article 2 added by Stats. 2000, Ch. 1010, Sec. 14. )

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    Trial court employees keep accrued leave balances when this chapter is implemented, and employees or the court may not treat the implementation itself as a reason to cash out those balances.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 2. Authority to Hire, Classification, and Compensation [71620 - 71629] ( Article 2 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71625. (a) Trial court policies related to accrued leave benefits, including the type and accrual rate of accrued leave benefits, in effect on the implementation date of this chapter shall remain in effect unless modified pursuant to subdivision (c). (b) The implementation of this chapter shall not cause a termination of employment and rehire for purposes of accrued leave benefits and shall not result in either the trial court or the county cashing out trial court employees’ accrued leave balances. A trial court employee shall retain his or her accrued leave balances upon implementation of this chapter. A trial court employee shall not cash out his or her accrued leave balances solely as a result of implementation of this chapter. (c) For employees who are represented by a recognized employee organization, the type and accrual rate of, and policies relating to, accrued leave benefits are subject to modification pursuant to the terms of a memorandum of understanding or agreement, or upon expiration of an existing memorandum of understanding or agreement, or upon revision to personnel, policies, procedures and plans, subject to meet and confer in good faith. For employees who are not represented by a recognized employee organization, the type and accrual rate of, and policies relating to, accrued leave benefits may be revised by the trial court. However, as provided in Section 71612, the implementation of this chapter shall not be a cause for the modification of the type and accrual rate of, and policies relating to, accrued leave benefits. (Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
  175. 71626.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 2. Authority to Hire, Classification, and Compensation [71620 - 71629] ( Article 2 added by Stats. 2000, Ch. 1010, Sec. 14. )

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    This section generally preserves retiree group insurance benefits for trial court employees, while allowing limited modification or revision in specified circumstances.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 2. Authority to Hire, Classification, and Compensation [71620 - 71629] ( Article 2 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71626. Notwithstanding any other provision of law, with respect to benefits which those persons who are trial court employees on and after the implementation date of this chapter would receive upon retirement, the following provisions shall apply: (a) As provided in Section 71612, the implementation of this chapter shall not be a cause for the modification of the level of retiree group insurance benefits accruing to a trial court employee or provided to a retired trial court employee. The level of retiree group insurance benefits accruing to a trial court employee or provided to a retired trial court employee as of the implementation date of this chapter shall remain in effect unless modified pursuant to subdivision (b) or (c). If the same retiree group insurance benefits are not otherwise permitted by law or the vendor, the same level of retiree group insurance benefits shall be provided subject to subdivision (b). (b) (1) For employees who are represented by a recognized employee organization, (A) the level of retiree group insurance benefits accruing to a trial court employee or provided to a retired trial court employee pursuant to the terms of a memorandum of understanding or agreement is subject to modification only pursuant to the terms of that memorandum of understanding or agreement, and upon expiration of that memorandum of understanding or agreement, those retiree group insurance benefits may not be modified except pursuant to a subsequent memorandum of understanding or agreement; and (B) the level of retiree group insurance benefits accruing to a trial court employee or provided to a retired trial court employee pursuant only to personnel, policies, procedures, and plans, may be modified by the trial court, subject to meet and confer in good faith. (2) For employees who are not represented by a recognized employee organization, the level of retiree group insurance benefits may be revised by the trial court. (c) A county shall have the authority to provide retiree group insurance benefits to retired trial court employees. If the county administers retiree group insurance benefits to trial court employees or retired trial court employees, or if the trial court contracts with the county to administer retiree group insurance benefits to trial court employees or retired trial court employees, a trial court employee or retired trial court employee shall be eligible to participate in county retiree group insurance benefits and plans subject to county retiree group insurance benefit regulations, policies, terms and conditions, and subject to both of the following: (1) A trial court employee or retired trial court employee shall have the right to accrual of retiree group insurance benefits, or to receive the same level of retiree group insurance benefits as county employees in similar classifications as designated by the trial court subject to meet and confer in good faith, without the opportunity to meet and confer with the county as to those benefits. (2) The level of retiree group insurance benefits accruing to a trial court employee or provided to a retired trial court employee is subject to modification by the county, if the county changes the level of retiree group insurance benefits of county employees in classifications that have been designated as similar classifications pursuant to paragraph (1). (d) For purposes of this section: (1) “Retiree group insurance benefits” means group insurance benefits which trial court employees would receive upon retirement. (2) “County,” means the board of supervisors of the county where the trial court is located, or the applicable governing body for the retirement system of such county. (e) The trial court shall reimburse the county for the cost of coverage of retired trial court employees in county retiree group insurance benefit plans. The county may charge the trial court for retiree group insurance benefits only the amount that the county is required to pay in excess of the retirement system funding or prefunding of the retiree group insurance benefits. The county and the trial court may agree to an alternative arrangement to fund retiree group insurance benefits. (Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
  176. 71626.1.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 2. Authority to Hire, Classification, and Compensation [71620 - 71629] ( Article 2 added by Stats. 2000, Ch. 1010, Sec. 14. )

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    Trial courts must keep receiving cleaning or maintenance services from workers employed by the trial court or county, and certain county employees may transfer to the trial court without a break in service.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 2. Authority to Hire, Classification, and Compensation [71620 - 71629] ( Article 2 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71626.1. (a) Any trial court receiving cleaning or maintenance services from persons employed directly by the court or county shall continue to receive those services from persons employed directly by a trial court or county in which the trial court is located. (b) If the trial court replaces the county in providing cleaning or maintenance services, county employees who have been providing those services to the trial court have the right, prior to any other hiring by the trial court of persons to provide those services, to, at their own option, transfer employment directly from the county to the trial court without a break in service, either when those services are transferred from the county to the trial court, or anytime within two years from the date of that transfer of services if a vacancy exists at the time of the requested transfer. Furthermore, the trial court and an employee organization may by mutual agreement permit county employees providing cleaning or maintenance services in county facilities other than the trial court the option of transferring to the trial court upon such terms as are agreed upon by the trial court and the employee organization if there is a vacancy that no county employee who has been providing cleaning and maintenance services to the trial court opts to fill. (c) If a county employee who provides cleaning or maintenance services to a trial court transfers employment directly from the county to the trial court without a break in service, upon the date of transfer, that employee shall be considered a trial court employee, as defined in Section 71601 subject to all applicable provisions of this chapter. (d) The transfer of employment from the county to the trial court under this section shall not be deemed a termination of employment by the county and rehire by the trial court for the purposes of accrued leave benefits, employment seniority, and employment status as a probationary or regular employee. The transfer of employment shall not be the sole cause for a modification of wages or benefits of any kind. (Added by Stats. 2003, Ch. 592, Sec. 23. Effective January 1, 2004.)
  177. 71626.5.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 2. Authority to Hire, Classification, and Compensation [71620 - 71629] ( Article 2 added by Stats. 2000, Ch. 1010, Sec. 14. )

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    This section sets who administers retiree group insurance benefits for trial court employees and requires 60 days’ notice for certain changes.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 2. Authority to Hire, Classification, and Compensation [71620 - 71629] ( Article 2 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71626.5. (a) As of the implementation date of this chapter: (1) If a trial court employee receives county retiree group insurance benefits pursuant to Section 71626 and that county funds retiree group insurance benefits from excess funds in the county’s retirement system, or prefunds retiree group insurance benefits, the county or county retirement board shall administer retiree group insurance benefits to trial court employees who retire from the county retirement system. However, the county and the trial court may agree to an alternative arrangement to administer retiree group insurance benefits. (2) In all other counties in which the trial court exercises its authority to provide retiree group insurance benefits to its employees, (A) if the trial court administers retiree group insurance benefits to trial court employees separately from the county, the trial court shall continue to administer these benefits as provided under existing personnel policies, procedures, plans, or a trial court employee memorandum of understanding or agreement; and (B) if the county administers retiree group insurance benefits to trial court employees or if the trial court contracts with the county to administer retiree group insurance benefits to trial court employees, the county may continue to administer retiree group insurance benefits to trial court employees pursuant to subdivision (c) of Section 71626 or the trial court may administer retiree group insurance benefits to trial court employees pursuant to the following transition process: (i) While an existing memorandum of understanding or agreement remains in effect or for a transition period of up to 24 months, whichever is longer, the county shall administer retiree group insurance benefits for represented trial court employees who retire during that period, as provided in the applicable memorandum of understanding or agreement, unless the county is notified by the trial court pursuant to subparagraph (iv) that the trial court no longer needs the county to administer specified benefits, or the trial court and the county mutually agree that the county will no longer administer specified benefits. (ii) For a transition period of up to 24 months after the implementation date of this chapter, the county shall administer retiree group insurance benefits for unrepresented trial court employees who retire during that period, unless notified by the trial court pursuant to subparagraph (iv) that the trial court no longer needs the county to administer specified benefits, or the trial court and the county mutually agree that the county will no longer administer specified benefits. During the 24-month transition period, if the county decides to change how it administers unrepresented trial court employees’ retiree group insurance benefits, the county shall provide the trial court with at least 60 days’ notice, or a mutually agreed to amount of notice, before any change in the administration of the benefits is implemented so the trial court can decide whether to accept the county’s change or consider alternatives and arrange to administer or provide benefits on its own. (iii) If, during the 24-month transition period, the trial court decides to offer particular retiree group insurance benefits different from what the county is administering, the trial court shall be responsible for administering those particular retiree group insurance benefits. (iv) If the trial court intends to give notice to the county that it no longer needs the county to administer specified retiree group insurance benefits to trial court employees, the trial court shall provide the county with at least 60 days’ notice, or a mutually agreed to amount of notice. (b) A county’s agreement to administer retiree group insurance benefits shall not be construed to create a meet and confer obligation between the county and any recognized employee organization. (c) Nothing in this section precludes a trial court from offering a different retiree group insurance benefits plan for trial court employees that is separate from the county retiree group insurance benefits plans, subject to the terms of a memorandum of understanding or agreement for represented employees, or the terms of trial court policies, procedures, or plans, for unrepresented employees. (Amended by Stats. 2001, Ch. 270, Sec. 3. Effective January 1, 2002.)
  178. 71627.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 2. Authority to Hire, Classification, and Compensation [71620 - 71629] ( Article 2 added by Stats. 2000, Ch. 1010, Sec. 14. )

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    This section controls how trial court employees’ federally regulated benefits are maintained, modified, administered, and transitioned between the trial court and the county.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 2. Authority to Hire, Classification, and Compensation [71620 - 71629] ( Article 2 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71627. Notwithstanding any other provision of law: (a) As provided in Section 71612, the implementation of this chapter shall not be a cause for the modification of the level of federally regulated benefits provided to a trial court employee. The level of federally regulated benefits provided to a trial court employee as of the implementation date of this chapter shall remain in effect unless modified pursuant to subdivision (b). If the same federally regulated benefits are not permitted by law or by the vendor, the same level of federally regulated benefits shall be provided by the trial court subject to the provisions of subdivision (b). (b) (1) For employees who are represented by a recognized employee organization, (A) the level of federally regulated benefits accruing to a trial court employee pursuant to the terms of a memorandum of understanding or agreement is subject to modification only pursuant to the terms of that memorandum of understanding or agreement, and upon expiration of that memorandum of understanding or agreement, those federally regulated benefits may not be modified except pursuant to a subsequent memorandum of understanding or agreement; and (B) the level of federally regulated benefits accruing to a trial court employee pursuant only to personnel, policies, procedures, and plans may be modified by the trial court, subject to meet and confer in good faith. (2) For employees who are not represented by a recognized employee organization, the level of federally regulated benefits may be revised by the trial court. (c) If the county administers federally regulated benefits to trial court employees, or if the trial court contracts with the county to administer federally regulated benefits to trial court employees, a trial court employee shall be eligible to participate in federally regulated benefits subject to federally regulated benefit regulations, policies, terms, and conditions, and subject to both of the following requirements: (1) A trial court employee shall have the right to receive the same level of federally regulated benefits as county employees in similar classifications, as designated by the trial court subject to the obligation to meet and confer in good faith, without the opportunity to meet and confer with the county as to those benefits. (2) The level of federally regulated benefits accruing to a trial court is subject to modification by the county if the county changes the level of federally regulated benefits of county employees in classifications that have been designated as similar classifications pursuant to paragraph (1). (d) For purposes of this section, “federally regulated benefits” means benefits that provide tax-favored treatment for employees pursuant to federal laws or regulations, including, but not limited to, cafeteria plans under Section 125 of the Internal Revenue Code, educational assistance benefits under Section 127 of the Internal Revenue Code, and fringe benefits under Section 132 of the Internal Revenue Code, but not including federally-regulated deferred compensation plan benefits provided to trial court employees pursuant to Section 71628. (e) As of the implementation date of this chapter: (1) If the trial court administers federally regulated benefits for trial court employees separately from the county, the trial court shall administer these benefits as provided under existing personnel policies, procedures, plans, or a memorandum of understanding or agreement applicable to trial court employees. (2) If the county administers federally regulated benefits for trial court employees, or if the trial court contracts with the county to administer federally regulated benefits, the following provisions govern the transition of responsibility for administering these benefits to the trial court: (A) Until the effective date of the transition of responsibility, the county shall continue to administer represented trial court employees’ federally regulated benefits as provided in the memorandum of understanding or agreement and unrepresented trial court employees’ federally regulated benefits as provided in personnel policies, procedures, and plans. (B) During the period of time between the implementation date of this chapter and the effective date of the transition of responsibility, both the trial court and the county shall cosponsor the federally regulated benefit plan. Cosponsorship shall continue as long as trial court employees are governed by a plan not offered by the trial court, but in no event longer than 18 months after the implementation date of this chapter, or the term of the memorandum of understanding or agreement applicable to trial court employees, whichever is longer, unless the trial court and the county agree to continued cosponsorship. (C) If during the cosponsorship period the trial court decides to offer particular benefits that are different from what the county is administering, then the trial court shall be responsible for administering those particular benefits unless the trial court and county agree otherwise. (D) The effective date of the transition of responsibility shall coincide with the first day of the applicable federally regulated benefits plan year to ensure that there is no financial impact on the employee or on either employer. (f) To facilitate trial court employee participation in county federally regulated benefits plans, the trial court and county may mutually agree that the county shall administer the payroll for trial court employees. (g) The trial court shall reimburse the county for the cost of any coverage of trial court employees in county federally regulated benefit plans. (h) A county shall have authority to cosponsor federally regulated benefits with a trial court to provide those benefits to trial court employees if those benefits are requested by the trial court subject to county agreement to cosponsor those benefits. A county’s agreement to cosponsor those benefits shall not be construed as creating a meet and confer obligation between the county and any recognized trial court employee organization. (i) Nothing in this section shall prevent a trial court from offering to trial court employees a future option of participating in other federally regulated benefit plans that may be developed subject to the obligation to meet and confer in good faith. (Amended by Stats. 2001, Ch. 270, Sec. 4. Effective January 1, 2002.)
  179. 71628.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 2. Authority to Hire, Classification, and Compensation [71620 - 71629] ( Article 2 added by Stats. 2000, Ch. 1010, Sec. 14. )

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    This section keeps trial court deferred compensation benefits in place, limits when they can be changed, and protects employees during any transfer to a new plan.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 2. Authority to Hire, Classification, and Compensation [71620 - 71629] ( Article 2 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71628. Notwithstanding any other provision of law: (a) As provided in Section 71612, the implementation of this chapter shall not be a cause for the modification of the level of deferred compensation plan benefits provided to a trial court employee. If the same deferred compensation plan benefits are not permitted by law or the plan vendor, the trial court shall provide other deferred compensation plan benefits at the same level, subject to the provisions of subdivision (b). The level of deferred compensation plan benefits provided to a trial court employee as of the implementation date of this chapter shall remain in effect unless modified pursuant to subdivision (b). (b) (1) For employees who are represented by a recognized employee organization, (A) the level of deferred compensation plan benefits accruing to a trial court employee pursuant to the terms of a memorandum of understanding or agreement is subject to modification only pursuant to the terms of that memorandum of understanding or agreement, and upon expiration of that memorandum of understanding or agreement, those deferred compensation plan benefits may not be modified except pursuant to a subsequent memorandum of understanding or agreement; and (B) the level of deferred compensation plan benefits accruing to a trial court employee pursuant only to personnel, policies, procedures, and plans may be modified by the trial court, subject to meet and confer in good faith. (2) For employees who are not represented by a recognized employee organization, the level of deferred compensation plan benefits may be modified by the trial court. (c) If the county administers deferred compensation plan benefits to trial court employees, or if the trial court contracts with the county to administer deferred compensation plan benefits to trial court employees, a trial court employee shall be eligible to participate in deferred compensation plan benefits subject to deferred compensation plan regulations, policies, terms and conditions, and subject to both of the following: (1) A trial court employee shall have the right to receive the same level of deferred compensation plan benefits as county employees in similar classifications, as designated by the trial court subject to the obligation to meet and confer in good faith, without the opportunity to meet and confer with the county as to those benefits. (2) The level of deferred compensation plan benefits accruing to a trial court employee is subject to modification by the county if the county changes the level of deferred compensation plan benefits of county employees in classifications that have been designated as similar classifications pursuant to paragraph (1). (d) If the implementation of this chapter causes a change in deferred compensation plans and requires the transfer of trial court employees’ plan balances to the trial court’s deferred compensation plan, trial court employees shall not suffer a financial loss due to transfer-related penalties, such as deferred sales charges, and any financial loss due to transfer-related penalties shall be borne by the trial court. (e) Trial court employees shall continue to be eligible to receive deferred compensation plan benefits from the county or the trial court. For purposes of deferred compensation plans established under Section 401(k) or 457 of the Internal Revenue Code, one of the following shall apply: (1) If permitted by federal law and deferred compensation plan vendors, trial court employees shall continue to receive federal 401(k) or 457 deferred compensation plan benefits through county plans unless the trial court modifies its plan benefits pursuant to personnel rules, subject to meet and confer in good faith. (2) If not permitted by federal law or deferred compensation plan vendors, the trial court shall provide deferred compensation plan benefits at the same level subject to meet and confer in good faith, in which case upon transition to the new deferred compensation plan, (A) to provide the trial court time to investigate plan options, negotiate plan contracts, and establish plans, there shall be a transition period of at least six months, during which trial court employees shall continue to receive deferred compensation plan benefits from the county; and (B) a county may require that trial court employees leave their plan balances in the county’s deferred compensation plan or may transfer trial court employees’ plan balances to the trial court’s deferred compensation plan. (f) To facilitate trial court employee participation in county deferred compensation plans, the trial court and county may mutually agree that the county shall administer the payroll for trial court employees. (g) The trial court shall reimburse the county for the cost of any coverage of trial court employees in county deferred compensation plans. (h) A county is authorized to amend the documents of a deferred compensation plan established under Section 401(k) or 457 of the Internal Revenue Code as necessary to achieve the objectives of this section. (i) Nothing in this section precludes the possibility that a trial court employee may have a future option of participating in other deferred compensation plans that may be developed subject to the obligation to meet and confer in good faith. (Amended by Stats. 2001, Ch. 270, Sec. 5. Effective January 1, 2002.)
  180. 71629.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 2. Authority to Hire, Classification, and Compensation [71620 - 71629] ( Article 2 added by Stats. 2000, Ch. 1010, Sec. 14. )

    Verify source ↗

    This section limits when trial court employee benefits can be changed, requires reimbursement to the county in some cases, and gives trial courts and counties certain administration and payroll options.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 2. Authority to Hire, Classification, and Compensation [71620 - 71629] ( Article 2 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71629. Except as provided in Sections 71624, 71625, 71626, 71626.5, 71627, and 71628, and notwithstanding any other provision of law: (a) As provided in Section 71612, the implementation of this chapter shall not be a cause for the modification of the level of trial court employment benefits. If the same trial court employment benefits are not permitted by law or the plan vendor, the trial court shall provide other trial court employment benefits at the same level subject to the provisions of subdivision (b). The level of trial court employment benefits provided to a trial court employee as of the implementation date of this chapter shall remain in effect unless modified pursuant to subdivision (b). (b) For employees who are represented by a recognized employee organization, the level of trial court employment benefits provided to a trial court employee may not be modified until after the expiration of an existing memorandum of understanding or agreement or a period of 24 months, whichever is longer, unless the trial court and recognized employee organization mutually agree to a modification. For employees who are not represented by a recognized employee organization, the level of trial court employment benefits may be revised by the trial court. (c) The trial court shall reimburse the county for the cost of coverage of trial court employees in trial court employment benefit plans. If the county administers trial court employment benefits to trial court employees, or if the trial court contracts with the county to administer trial court employment benefits to trial court employees, a trial court employee shall be eligible to participate in trial court employment benefits subject to trial court employment benefit regulations, policies, terms and conditions, and subject to both of the following: (1) A trial court employee shall have the right to receive the same level of trial court employment benefits as county employees in similar classifications, as designated by the trial court subject to the obligation to meet and confer in good faith, without the opportunity to meet and confer with the county as to those benefits. (2) The level of trial court employment benefits accruing to a trial court employee is subject to modification by the county if the county changes the level of the same employment benefits accruing to county employees in classifications that have been designated as similar classification pursuant to paragraph (1). (d) As of the implementation date of this chapter: (1) If the trial court administers trial court employment benefits to trial court employees separately from the county, the trial court shall continue to administer these benefits as provided under existing personnel policies, procedures, plans, or trial court employee memoranda of understanding or agreements. (2) If the county administers trial court employment benefits to trial court employees or if the trial court contracts with the county to administer trial court employment benefits to trial court employees, the county may continue to administer trial court employment benefits to trial court employees pursuant to subdivision (e) or the trial court may administer trial court employment benefits to trial court employees pursuant to the following transition process: (A) While an existing memorandum of understanding or agreement remains in effect or for a transition period of 24 months, whichever is longer, the county shall administer trial court employment benefits for represented trial court employees as provided in the applicable memorandum of understanding or agreement, unless the county is notified by the trial court pursuant to subparagraph (D) that the trial court no longer needs the county to administer specified benefits, or the trial court and the county mutually agree that the county will no longer administer specified benefits. (B) For a transition period of up to 24 months after the implementation date of this chapter, the county shall administer trial court employment benefits for unrepresented trial court employees, unless notified by the trial court pursuant to subparagraph (D) that the trial court no longer needs the county to administer specified benefits, or the trial court and the county mutually agree that the county will no longer administer specified benefits. During the transition period, if the county intends to change unrepresented trial court employees’ trial court employment benefits, the county shall provide the trial court with at least 60 days’ notice, or a mutually agreed to amount of notice, before any change in benefits is implemented so the trial court can decide whether to accept the county’s change or consider alternatives and arrange to provide benefits on its own. (C) If, during the transition period, the trial court decides to offer particular trial court employment benefits that are different from what the county is administering, the trial court shall be responsible for administering those particular benefits. (D) If the trial court decides that it no longer needs the county to administer specified trial court employment benefits to trial court employees, the trial court shall provide the county with at least 60 days’ notice, or a mutually agreed to amount of notice. (e) To facilitate trial court employee participation in county trial court employment benefit plans, the trial court and county may mutually agree that the county shall administer the payroll for trial court employees. (f) A county shall have authority to provide trial court employment benefits to trial court employees if those benefits are requested by the trial court and subject to county concurrence to providing those benefits. A county’s agreement to provide those benefits shall not be construed to create a meet and confer obligation between the county and any recognized employee organization. (g) Nothing in this section shall prevent the trial court from arranging for trial court employees other trial court employment benefits plans subject to the obligation to meet and confer in good faith. (Amended by Stats. 2001, Ch. 812, Sec. 17. Effective January 1, 2002.)
  181. 7163.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 1. Definitions [7150 - 7164] ( Article 1 added by Stats. 1980, Ch. 600. )

    Verify source ↗

    “Tax” means a liability for which a state tax lien has been created.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 14. State Tax Liens [7150 - 7191] ( Chapter 14 added by Stats. 1980, Ch. 600. ) ## ARTICLE 1. Definitions [7150 - 7164] ( Article 1 added by Stats. 1980, Ch. 600. ) ## 7163. “Tax” means a liability for which a state tax lien has been created. (Added by Stats. 1980, Ch. 600.)
  182. 71630.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. )

    Verify source ↗

    The article requires trial courts to meet and confer in good faith with employees over representation issues, and recognizes trial court employees’ rights to join and be represented by organizations of their choice.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71630. (a) It is the purpose of this article to promote full communication between trial courts and their employees by providing a reasonable method for resolving disputes regarding wages, hours, and other terms and conditions of employment between trial courts and recognized employee organizations. It is also the purpose of this article to promote the improvement of personnel management and employer-employee relations within the trial courts in the state by providing a uniform basis for recognizing the right of trial court employees to join organizations of their own choice and to be represented by those organizations in their employment relations with trial courts. It is also the purpose of this article to extend to trial court employees the right, and to require trial courts, to meet and confer in good faith over matters within the scope of representation, consistent with the procedures set forth in this article. This article is not intended to require changes in existing representation units, memoranda of agreement or understanding, or court rules, except as provided in this article. (b) The Legislature finds and declares that the duties and responsibilities of trial court representatives under this article are substantially similar to the duties and responsibilities required under existing collective bargaining enforcement procedures and therefore the costs incurred by the trial court representatives in performing those duties and responsibilities under this article are not reimbursable as state-mandated costs. (Amended by Stats. 2004, Ch. 227, Sec. 65. Effective August 16, 2004.)
  183. 71631.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. )

    Verify source ↗

    Trial court employees have rights to form, join, and participate in employee organizations, to refuse to join or participate, and to represent themselves in employment relations, unless the Legislature provides otherwise.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71631. Except as otherwise provided by the Legislature, trial court employees shall have the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. Trial court employees also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the trial court. (Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
  184. 71632.5.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. )

    Verify source ↗

    This section allows a trial court and a recognized employee organization to negotiate an agency shop arrangement, sets reporting and voting rules, protects religious objectors, and bars inducements to oppose or rescind an agency shop.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71632.5. (a) Notwithstanding any other provision of law, rule, or regulation, an agency shop agreement may be negotiated between a trial court and a recognized employee organization that has been recognized as the exclusive or majority bargaining agent pursuant to reasonable rules and regulations, and enactments, in accordance with this article. As used in this article, “agency shop” means an arrangement that requires an employee, as a condition of continued employment, either to join the recognized employee organization, or to pay the organization a service fee in an amount not to exceed the standard initiation fee, periodic dues, and general assessments of that organization for the duration of the agreement or a period of three years from the effective date of the agreement, whichever comes first. However, any employee who is a member of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting recognized employee organizations shall not be required to join or financially support any recognized employee organization as a condition of employment. That employee may be required, in lieu of periodic dues, initiation fees, or agency shop fees to pay sums equal to those dues, initiation fees, or agency shop fees to a nonreligious, nonlabor charitable organization fund exempt from taxation under Section 501 (c)(3) of the Internal Revenue Code, chosen by the employee from a list of at least three funds, designated in a memorandum of understanding or agreement between the trial court and the recognized employee organization, or if the memorandum of understanding or agreement fails to designate any funds, then to any fund chosen by the employee. Proof of those payments shall be made on a monthly basis to the trial court as a condition of continued exemption from the requirement of financial support to the recognized employee organization. (b) An agency shop provision in a memorandum of understanding or agreement which is in effect may be rescinded by a majority vote of all the employees in the unit covered by the memorandum of understanding or agreement under the following circumstances: (1) A request for the vote is supported by a petition containing the signatures of at least 30 percent of the employees in the unit. (2) The vote is by secret ballot. (3) The vote may be taken at any time during the term of the memorandum of understanding or agreement, but in no event shall there be more than one vote taken during that term. (c) In addition to the procedure prescribed in subdivision (a), an agency shop arrangement between the trial court and a recognized employee organization or recognized employee organizations shall be placed in effect, without a negotiated agreement, upon (1) a signed petition of at least 30 percent of the employees in the applicable bargaining unit requesting an agency shop agreement and an election to implement an agency fee arrangement, and (2) the approval of a majority of employees who cast ballots and vote in a secret ballot election in favor of the agency shop agreement. The petition may only be filed after the recognized employee organization has requested the trial court to negotiate on an agency shop arrangement and, beginning seven working days after the trial court received this request, the two parties have had 30 calendar days to attempt good faith negotiations in an effort to reach agreement. An election, that may not be held more frequently than once a year, shall be conducted by the California State Mediation and Conciliation Service in the event that the trial court and the recognized employee organization cannot agree within 10 days from the filing of the petition to select jointly a neutral person or entity to conduct the election. In the event of an agency fee arrangement outside of an agreement that was in effect on January 1, 2002, the recognized employee organization shall defend, indemnify, and hold the trial court harmless against any liability arising from any claims, demands, or other action relating to the trial court’s compliance with the agency fee obligation. Upon notification to the trial court by the recognized employee organization, the amount of the fee shall be deducted by the trial court from the wages or salary of the employee and paid to the employee organization. This subdivision shall be applicable on the operative date of this section, except that if a memorandum of understanding or agreement between the trial court and a recognized employee organization was in effect before January 1, 2002, as to the employees covered by the memorandum of understanding or agreement, the implementation date of this subdivision shall be either the date a successor memorandum of understanding or agreement is effective or, if no agreement for a successor memorandum of understanding or agreement is reached, 90 days from the date of the expiration of the predecessor memorandum of understanding or agreement. The trial court and representatives of recognized employee organizations may mutually agree to a different date on which this subdivision is applicable. (d) Notwithstanding subdivisions (a), (b), and (c), the trial court and the recognized employee organization may negotiate, and by mutual agreement provide for, an alternative procedure or procedures regarding a vote on any agency shop agreement. (e) An agency shop agreement or arrangement does not apply to management, confidential, or supervisory employees. If those employees nonetheless choose to join the recognized employee organization and pay dues or pay the organization a service fee, Section 71638 shall apply to those employees, and the trial court shall administer deductions for which the recognized employee organization shall defend, indemnify, and hold the trial court harmless. (f) Every recognized employee organization that has agreed to an agency shop provision, or is a party to an agency shop arrangement, shall keep an adequate itemized record of its financial transactions and shall make available annually, to the trial court with which the agency shop provision was negotiated, and to the employees who are members of the organization, within 60 days after the end of its fiscal year, a detailed written financial report thereof in the form of a balance sheet and an operating statement, certified as to accuracy by its president and treasurer or corresponding principal officer, or by a certified public accountant. An employee organization required to file financial reports under the federal Labor-Management Disclosure Act of 1959 covering employees governed by this chapter or required to file financial reports under Section 3546.5, may satisfy the financial reporting requirement of this section by providing the trial court with a copy of those financial reports. (g) This section shall become operative only if Section 3502.5 is amended to provide that a 30-percent or greater showing of interest by means of a petition requires an election regarding an agency shop, and a vote at that election of 50 percent plus one of those voting secures an agency shop arrangement. (h) A trial court may not offer employees inducements or benefits of any kind in return for employees opposing or rescinding an agency shop arrangement. (Amended by Stats. 2012, Ch. 46, Sec. 71. (SB 1038) Effective June 27, 2012. Note: This section, as added by Stats. 2000, Ch. 1010, became operative on January 1, 2001.)
  185. 71632.6.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. )

    Verify source ↗

    If a trial court already has an agreement with an agency shop provision, the trial court and the employee organization must honor that provision for the rest of the agreement.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71632.6. If the trial court is party to any memorandum of understanding or agreement with any bargaining unit that includes court employees that provides for an agency shop provision as of the implementation date of this chapter, the trial court and employee organization representing the trial court employees shall be obligated to honor the terms of the agency shop provision, including indemnification provisions, if any, for the duration of the memorandum of understanding or agreement. The implementation of this chapter shall not be a cause for a new agency shop election. (Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
  186. 71633.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. )

    Verify source ↗

    Recognized employee organizations have the right to represent their members in employment matters with trial courts, and employee organizations may set reasonable membership rules and dismissal provisions.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71633. Recognized employee organizations shall have the right to represent their members in their employment relations with trial courts as to matters covered by this article. Employee organizations may establish reasonable restrictions regarding who may join and may make reasonable provisions for the dismissal of individuals from membership. Nothing in this article shall prohibit any employee from appearing on his or her own behalf regarding employment relations with the trial court. (Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
  187. 71634.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. )

    Verify source ↗

    This section defines what subjects are included in labor representation and requires the court to meet and confer in good faith about impacts from excluded matters.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71634. (a) The scope of representation shall include all matters relating to employment conditions and employer-employee relations, including, but not limited to, wages, hours, and other terms and conditions of employment. However, the scope of representation shall not include consideration of the merits, necessity, or organization of any service or activity provided by law or executive order. (b) In view of the unique and special responsibilities of the trial courts in the administration of justice, decisions regarding the following matters shall not be included within the scope of representation: (1) The merits and administration of the trial court system. (2) Coordination, consolidation, and merger of trial courts and support staff. (3) Automation, including, but not limited to, fax filing, electronic recording, and implementation of information systems. (4) Design, construction, and location of court facilities. (5) Delivery of court services. (6) Hours of operation of the trial courts and trial court system. (c) The impact from matters in subdivision (b) shall be included within the scope of representation as those matters affect wages, hours, and terms and conditions of employment of trial court employees. The court shall be required to meet and confer in good faith with respect to that impact. (d) The trial court shall continue to have the right to determine assignments and transfers of trial court employees; provided that the process, procedures, and criteria for assignments and transfers shall be included within the scope of representation. (Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
  188. 71634.1.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. )

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    The trial court must give reasonable written notice to each affected recognized employee organization and let it meet with the court before adopting certain rules, practices, or policies, unless there is an emergency.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71634.1. (a) Except in cases of emergency as provided in this section, the trial court shall give reasonable written notice to each recognized employee organization affected by any rule, practice, or policy directly relating to matters within the scope of representation proposed to be adopted by the trial court and shall give each such recognized employee organization the opportunity to meet with the trial court. (b) In cases of emergency when the trial court determines that any rule, policy, or procedure must be adopted immediately without prior notice or meeting with a recognized employee organization, the trial court shall provide such notice and opportunity to meet at the earliest practicable time following the adoption of the rule, policy, or procedure. (Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
  189. 71634.2.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. )

    Verify source ↗

    The trial court must meet and confer in good faith with recognized employee organizations about wages, hours, and other terms and conditions of employment, and must fully consider their presentations before making policy decisions.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71634.2. (a) The trial court, or those representatives as it may designate, shall meet and confer in good faith regarding wages, hours, and other terms and conditions of employment within the scope of representation, as defined in Section 71634, with representatives of the recognized employee organizations, as defined in Section 71611, and shall consider fully the presentations as are made by the recognized employee organization on behalf of its members prior to arriving at a determination of policy or course of action. (b) In fulfilling the requirements of subdivision (a), the court and the county may consult with each other, may negotiate jointly, and each may designate the other in writing as its agent on any matters within the scope of representation. (Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
  190. 71634.3.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. )

    Verify source ↗

    If the trial court and recognized employee organization representatives reach agreement, they must jointly prepare a written memorandum and present it to the trial court or its designee for determination.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71634.3. If agreement is reached by the representatives of the trial court and a recognized employee organization or organizations, they shall jointly prepare a written memorandum of the agreement or understanding, which shall not be binding, and present it to the trial court or its designee for determination. (Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
  191. 71634.4.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. )

    Verify source ↗

    If the trial court and the recognized employee organization cannot agree after a reasonable period, they may jointly agree on a mutually acceptable mediator. Any mediation costs must be split equally between them.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71634.4. If after a reasonable period of time, representatives of the trial court and the recognized employee organization fail to reach agreement, the trial court and the recognized employee organization or recognized employee organizations together may agree upon the appointment of a mediator mutually agreeable to the parties. Costs of mediation, if any, shall be divided one-half to the trial court and one-half to the recognized employee organization or recognized employee organizations. (Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
  192. 71635.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. )

    Verify source ↗

    The trial court must let a reasonable number of employee representatives from recognized employee organizations take reasonable time off, without losing pay or other benefits, when formally meeting and conferring on representation matters.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71635. The trial court shall allow a reasonable number of trial court employee representatives of recognized employee organizations reasonable time off, without loss of compensation or other benefits, when formally meeting and conferring with representatives of the trial court on matters within the scope of representation. (Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
  193. 71635.1.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. )

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    Trial courts and employee organizations must not interfere with, intimidate, restrain, coerce, or discriminate against court employees because they exercise rights under Section 71631.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71635.1. Trial courts and employee organizations shall not interfere with, intimidate, restrain, coerce, or discriminate against court employees because of their exercise of their rights under Section 71631. (Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
  194. 71636.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. )

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    Trial courts may make reasonable labor-relations rules, but must consult in good faith, cannot unreasonably refuse recognition of employee organizations, cannot use benefits to undermine support for them, and must allow challenges to court rules.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71636. (a) A trial court may adopt reasonable rules and regulations, after consultation in good faith with representatives of a recognized employee organization or organizations, for the administration of employer-employee relations under this article. These rules and regulations may include provisions for: (1) Verifying that an organization does in fact represent employees of the trial court. (2) Verifying the official status of employee organization officers and representatives. (3) Recognition of employee organizations. (4) Exclusive recognition of employee organizations formally recognized pursuant to a vote of the employees of the trial court or an appropriate unit thereof, subject to the right of an employee to represent himself or herself as provided in Section 71631. (5) Additional procedures for the resolution of disputes involving wages, hours, and other terms and conditions of employment. (6) Access of employee organization officers and representatives to work locations. (7) Use of official bulletin boards and other means of communication by employee organizations. (8) Furnishing nonconfidential information pertaining to employment relations to employee organizations. (9) Any other matters as are necessary to carry out the purposes of this article. (b) Exclusive recognition of employee organizations formally recognized as majority representatives pursuant to a vote of the employees may be revoked by a majority vote of the employees only after a period of not less than 12 months following the date of recognition. (c) No trial court shall unreasonably withhold recognition of employee organizations. A trial court may not offer to provide employees benefits of any kind for the purpose of inducing those employees to decertify or withdraw support from a recognized employee organization. (d) Pursuant to the obligation to meet and confer in good faith, the trial court shall establish procedures to determine the appropriateness of any bargaining unit of court employees. (e) Trial court employees and employee organizations shall be able to challenge a rule or regulation of a trial court as a violation of this chapter. (Amended by Stats. 2004, Ch. 227, Sec. 66. Effective August 16, 2004.)
  195. 71636.1.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. )

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    If there are no local procedures for resolving a representation-unit dispute, any party may request that the dispute be submitted to the California State Mediation and Conciliation Service.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71636.1. In the absence of local procedures for resolving disputes on the appropriateness of a unit of representation, upon the request of any of the parties, the dispute shall be submitted to the California State Mediation and Conciliation Service for the mediation or for recommendation for resolving the dispute. (Amended by Stats. 2012, Ch. 46, Sec. 72. (SB 1038) Effective June 27, 2012.)
  196. 71636.3.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. )

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    This section sets rules for determining bargaining units and representation elections, including majority support and neutral review of recognition petitions.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71636.3. (a) Unit determinations and representation elections shall be determined and processed in accordance with rules adopted by a trial court in accordance with this chapter. In a representation election, a majority of the votes cast by the employees in the appropriate bargaining unit shall be required. (b) Notwithstanding subdivision (a) and rules adopted by a trial court pursuant to Section 71636, a bargaining unit in effect as of January 1, 2002, shall continue in effect unless changed under the rules adopted by the trial court pursuant to Section 71636. (c) A trial court shall grant exclusive or majority recognition to an employee organization based on a signed petition, authorization cards, or union membership cards showing that a majority of the employees in an appropriate bargaining unit desire the representation, unless another labor organization has previously been lawfully recognized as exclusive or majority representative of all or part of the same unit. Exclusive or majority representation shall be determined by a neutral third party, selected by the trial court and the employee organization, who shall review the signed petition, authorization cards, or union membership cards to verify the exclusive or majority status of the employee organization. If the trial court and the employee organization cannot agree on a neutral third party, the California State Mediation and Conciliation Service shall be the neutral third party and shall verify the exclusive or majority status of the employee organization. If the neutral third party determines, based on a signed petition, authorization cards, or union membership cards, that a second labor organization has the support of at least 30 percent of the employees in the unit in which recognition is sought, the neutral third party shall order an election to establish which labor organization, if any, has majority status. (Amended by Stats. 2012, Ch. 46, Sec. 73. (SB 1038) Effective June 27, 2012.)
  197. 71637.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. )

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    Professional employees have a right to be represented separately from nonprofessional employees by a professional employee organization, and disputes over representation units may be sent to the California State Mediation and Conciliation Service when requested by a party.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71637. (a) For purposes of this article, professional employees shall not be denied the right to be represented separately from nonprofessional employees by a professional employee organization consisting of those professional employees. In the event of a dispute on the appropriateness of a unit of representation for professional employees, upon request of any of the parties, the dispute shall be submitted to the California State Mediation and Conciliation Service for mediation or for recommendation for resolving the dispute. (b) For the purpose of this section, “professional employees” means employees engaged in work requiring specialized knowledge and skills attained through completion of a recognized course of instruction, including, but not limited to, attorneys. (Amended by Stats. 2012, Ch. 46, Sec. 74. (SB 1038) Effective June 27, 2012.)
  198. 71637.1.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. )

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    A trial court may adopt reasonable rules for designating management and confidential employees and may restrict those employees from representing other employee organizations on representation matters.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71637.1. For purposes of this article, in addition to those rules and regulations that a trial court may adopt pursuant to, and in the same manner as set forth in, Section 71636, any trial court may adopt reasonable rules and regulations providing for designation of the management and confidential employees of the trial court and restricting those employees from representing any employee organization that represents other employees of the trial court, on matters within the scope of representation. Except as specifically provided otherwise in this article, this section does not otherwise limit the right of employees to be members of, and to hold office in, an employee organization. (Amended by Stats. 2001, Ch. 270, Sec. 8. Effective January 1, 2002.)
  199. 71638.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. )

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    A trial court employee may authorize a dues deduction, and the trial court employer must honor it, if the deduction is provided for under the listed sections.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71638. A trial court employee shall have the right to authorize, and the trial court employer shall honor, a dues deduction from his or her salary or wages as provided in Section 1152, 1153, 1157.1, 1157.2, 1157.3, 1157.4, 1157.5, or 1157.7. (Amended by Stats. 2018, Ch. 53, Sec. 37. (SB 866) Effective June 27, 2018.)
  200. 71639.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. )

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    Trial courts must keep recognizing certain employee organizations and must meet and confer in good faith in specified circumstances.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 7. Trial Court Employment Protection and Governance Act [71600 - 71675] ( Chapter 7 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## ARTICLE 3. Labor Relations [71630 - 71639.5] ( Article 3 added by Stats. 2000, Ch. 1010, Sec. 14. ) ## 71639. (a) As of the implementation date of this chapter, an employee organization that is recognized as a representative of a group of trial court employees or the exclusive representative of an established bargaining unit of trial court employees, either by the county or the trial court, shall continue to be recognized by the trial court as a representative or the exclusive representative of the same trial court employees. A trial court and recognized employee organization shall be bound by the terms of any memorandum of understanding or agreement covering trial court employees to which the trial court or the county is a party that is in effect on the implementation date of this chapter for the duration thereof, or until it expires and, consistent with law, is replaced by a successor memorandum of understanding or agreement, subject to the obligation to meet and confer in good faith. Upon expiration of a memorandum of understanding or agreement, the trial court shall meet and confer in good faith with recognized employee organizations. (b) A trial court’s local rules governing trial court employees and a trial court’s personnel rules, policies, and practices, and any county rules in effect pursuant to former Rule 2205 of the California Rules of Court as adopted on April 23, 1997, in effect at the time of the implementation date of this chapter, to the extent they are not contrary to or inconsistent with the obligations and duties provided for in this article, shall continue in effect until changed by the trial court. Prior to changing any rule, policy, or practice that affects any matter within the scope of representation as set forth in this article, the court shall meet and confer in good faith with the recognized employee organization as provided for in this chapter. (c) Nothing contained in this article is intended to preclude trial court employees from continuing to be included in representation units which contain county employees. (Amended by Stats. 2007, Ch. 130, Sec. 138. Effective January 1, 2008.)

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