California-2011-AB1289-Amended

BILL NUMBER: AB 1289	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 3, 2012
	AMENDED IN ASSEMBLY  JANUARY 12, 2012
	AMENDED IN ASSEMBLY  JANUARY 4, 2012

INTRODUCED BY   Assembly Member Davis

                        FEBRUARY 18, 2011

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1289, as amended, Davis. 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. The bill would authorize the Controller
to permit a county, city and county, or court to pay the interest or
penalty amounts under a payment schedule if the interest or penalty
amount causes a hardship to that entity. 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, 2013.
   Vote: majority. Appropriation: no. Fiscal committee: 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,
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 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  Facilities 
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 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 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. 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
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.
   (g) 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, 2013.