Bill Text: CA AB1289 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Court facilities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2012-08-16 - In committee: Held under submission. [AB1289 Detail]

Download: California-2011-AB1289-Amended.html

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BILL NUMBER: AB 1289	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 4, 2012

INTRODUCED BY   Assembly Member Davis

                        FEBRUARY 18, 2011

   An act  relating to public school administrators 
 to amend Section 70377 of the Government Code, relating to
court facilities  .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1289, as amended, Davis.  Public school administrators:
training.   Court facilities.  
   Existing law establishes the State Court Facilities Construction
Fund for the planning, design, construction, rehabilitation,
renovation, replacement, leasing, or acquisition of state court
facilities. Existing law levies a state court construction penalty,
as specified, upon every fine, penalty, and forfeiture imposed and
collected for all criminal offenses and all parking offenses for
which a parking penalty, fine, or forfeiture is imposed. Moneys
deposited in the county treasury under those provisions must be
transmitted to the Controller for deposit in the State Court
Facilities Construction Fund. Existing law further requires that any
amounts required to be transmitted by a county to the Controller
under these provisions to be remitted no later than 45 days after the
end of the month in which the penalties were collected. Any
remittance made later than this time is considered delinquent and is
subject to specified penalties. Upon receipt of a delinquent payment,
the Controller is required to calculate a penalty on the delinquent
payment by multiplying the amount of the delinquent payment at a
daily rate equivalent to 11/2% per month for the number of days the
payment is delinquent. Existing law requires the county to pay the
penalty amount calculated pursuant to these provisions to the
Controller, as specified, and requires the Controller to deposit
these moneys in the State Court Facilities Construction Fund. 

   This bill would require the Controller to calculate the interest
on the delinquent payment, as specified, and would revise the formula
for calculating the penalty. The bill would also require a county,
city and county, or court to pay the interest or penalty amounts
calculated under these provisions, as specified, to the State Court
Facilities Construction Fund. Further, the bill would require that
payment 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, and
would define that entity as including a party that collects the funds
but is not responsible for remitting them to the state if that party
failed to provide or delayed providing the remitting party with
information necessary for remitting the funds. The bill also provides
that these changes apply to all delinquent payments for which the
Controller has not issued a final audit before January 1, 2012. 

   Existing law establishes the Administrator Training Program under
which the Superintendent of Public Instruction awards incentive
funding to local educational agencies to provide school
administrators with instruction and training.  
   This bill would express the intent of the Legislature to enact
legislation to provide training on site leadership to school
administrators. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 70377 of the  
Government Code   is amended to read: 
   70377.  (a) Any amounts required to be transmitted by a county
 or city and county  to the  Controller 
 state  pursuant to this  article  
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 a remittance advice identifying the
collection month and the appropriate account in the State Court
Facilities Construction Fund or the Immediate and Critical Needs
Account of the State Court Construction Fund to which it is to be
deposited.  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 any delinquent payment required pursuant to
this section, the Controller shall  calculate a penalty on
any delinquent payment by multiplying the amount of the delinquent
payment at a daily rate equivalent to 1   1/2
  percent per month for the number of days the
payment is delinquent.   do the following:  
   (1) Calculate the interest on the delinquent payment by
multiplying the amount of the delinquent interest 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.  
   (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)  Penalty   Interest or penalty 
amounts calculated pursuant to subdivision (b) shall be paid by the
county  , city and county, or court  to the 
Controller   State Court Facilities Construction Fund or
the Immediate and Critical Needs Account of the State Court
Facilities Construction Fund, whichever is appropriate,  no
later than 45 days after the end of the month in which the 
interest or  penalty was calculated.  All money received
by the Controller under this section shall be deposited in the State
Court Facilities Construction Fund.   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 notice
given to that   party by the Controller. 
   (d)  If the penalty imposed by this section results from a
court's failure to comply with the requirements for timely deposit
of money with the county treasury, the court shall reimburse the
county general fund in an amount equal to the actual penalty.
 Notwithstanding Section 77009, the court may pay 
this   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 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
or the Immediate and Critical Needs Account of the State Court
Facilities Construction Fund, if the collecting party failed or
delayed providing the remitting party with sufficient information
needed by the remitting party to distribute the funds.  
   (f) The changes made to this section by the act adding this
subdivision shall apply to all delinquent payments for which the
Controller has not issued a final audit before January 1, 2012. 

  SECTION 1.    It is the intent of the Legislature
to enact legislation to provide training on site leadership to school
administrators.