REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF THE COUNTY OF SAN BERNARDINO
AND RECORD OF ACTION
March 10, 2020
FROM
MATTHEW ERICKSON, County Chief Financial Officer, Finance and Administration
SUBJECT
Title v
Resolution Setting of the Collection of Penalties for Criminal Offenses Pursuant to Government Code 76000.
End
RECOMMENDATION(S)
Recommendation
1. Adopt Resolution reducing the additional penalty authorized by Government Code Section 76000 (a) (Penalty on Base Fine for Criminal Offenses) from $7.00 to $5.00 for every $10.00 dollars or part of $10.00 collected for all criminal offenses, and the additional penalty authorized by 76000 (b) (Penalty on Parking Offenses) from $2.50 to $1.00 effective immediately.
2. Direct the Auditor-Controller/Treasurer/Tax Collector to close the County’s Courthouse Temporary Construction Fund and remit any residual balances immediately to the State Court Facilities Construction Fund.
3. Approve appropriation and revenue adjustments needed to transfer the residual balances to the State Court Facilities Construction Fund and authorize the Auditor-Controller/Treasurer/Tax Collector to post the necessary budget adjustments, as detailed in the Financial Impact Section. (Four votes required).
(Presenter: Matthew Erickson, County Chief Financial Officer, 387-5423)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
Provide for the Safety, Health and Social Service Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Agencies.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). Penalty revenues deposited to the County’s Courthouse Temporary Construction Fund and the Criminal Justice Facility Construction Fund, known collectively as the Courthouse Funds, were used to offset debt service costs of the 2002 Foothill Law and Justice Center/Airport Improvements Project debt. The final payment on the 2002 Foothill Law and Justice Center/Airport Improvements Project debt was made on June 13, 2016. Pursuant to state law, Government Code sec. 70375(c), the County cannot continue to collect the additional penalties because the authority to collect such fees expired on the June 30th following the date of transfer of responsibility for court facilities from the County to the state’s Judicial Council.
Approval of this item will discontinue collection of the penalty revenues of the County’s Courthouse Temporary Construction Fund and the Criminal Justice Facility Construction Fund. The County is hereby reducing the penalties as required by statute and remitting any balances to the State Court Facilities Construction Fund from the County’s Courthouse Temporary Construction Fund (Fund 2280). The penalty revenue from the Criminal Justice Facility Construction Fund (Fund 2300) will be continued to be collected and set aside for future costs of criminal justice facilities in the County.
Approval of this item will also authorize appropriation and revenue adjustments to transfer balances to the State Court Facilities Construction fund as detailed in the following table.
|
Cost Center |
GL Account |
Description |
Action |
Amount |
|
1100002280 |
37008880 |
F/B Res - Available |
Decrease |
6,105,755 |
|
1100002280 |
53003305 |
Contribution to Other Agencies |
Increase |
8,000,000 |
|
1100002280 |
40208435 |
Other Court Fines |
Increase |
1,894,245 |
BACKGROUND INFORMATION
On December 12, 1982, the Board of Supervisors (Board) adopted Resolution No. 83-422 to create a Courthouse Temporary Construction Fund. On August 26, 1991, the Board adopted Resolution No. 91-296, in accordance with the changes to Government Code sections 76000 through 76106, increasing the total county penalty assessments for certain violations, increasing the parking violation penalty to $5 per $10, and apportioning $1.50 to the Courthouse Temporary Construction Fund, $1.50 to the Criminal Justice Facility Construction Fund, and $2.00 to the County General Fund. This penalty revenue collected in the Courthouse Temporary Construction Fund and the Criminal Justice Facility Construction Fund, known collectively as the Courthouse Funds, was used to offset a portion of the 2002 Foothill Law and Justice Center debt most recently evidenced by the 2002 Foothill Law and Justice Center/Airport Improvements Project debt authorized for issuance by the Board on February 12, 2002 (Item No. 85).
The 2002 Trial Court Facilities Act (SB1732), effective January 1, 2003, authorized the transfer and title of all management responsibility for court facilities from California counties to the Judicial Council of California. Certain Government Code sections provided the authority to impose the additional penalties on certain offenses in order to generate revenue for the Courthouse Temporary Construction Fund; however, the authority to collect additional penalties and fees expired proportionally as of the date of transfer of responsibility for facilities from the county to the Judicial Council, except as long as money is needed to pay for construction provided for in those Government Code sections and undertaken prior to the transfer of responsibility for the facilities from the county to the Judicial Council of California. The applicable code sections are:
• Section 70375-the authority for a local courthouse construction fund established pursuant to Section 76100 was to expire on the June 30th following the date of transfer of responsibility for facilities from the county to the Judicial Council of California, except so long as money is needed to pay for construction undertaken prior to the transfer of responsibility for facilities from the county to the State.
• Section 76000(d)-the authority to impose the $2.50 penalty was to be reduced to $1 authorized by 76000 (b) as of the date of transfer of responsibility for facilities from the county to the Judicial Council.
• Section 76000(e)-the $7 additional penalty authorized by 76000 (a) was to be reduced to $5 in San Bernardino County. The reduction reflects the additional penalty assessed by the County for the local courthouse temporary construction fund established by Section 76100 as of January 1, 1998.
All court facilities in San Bernardino County were transferred effective Fiscal Year 2014-15. In accordance with the 2002 Foothill Law and Justice Center/Airport Improvements Project debt service schedule, the final payment was made on June 13, 2016. The General Fund was not fully reimbursed for the costs of construction financed by the 2002 Foothill Law and Justice Center/Airport Improvements Project debt. At that time, staff interpreted the statute to allow for the continued reimbursement of the General Fund. The State advises that the County cannot continue collection to repay its General Fund because the construction debt that could be repaid must have been incurred on or before January 1, 1991, pursuant to GC sec. 76000(2), and this is not the case with the County’s 2002 Foothill Law and Justice Center/Airport Improvements Project debt.
As required by statute, the additional penalty authorized by Government Code 76000 (a) will be reduced from $7.00 to $5.00 as soon as practicable by the Superior Court of San Bernardino and the additional penalty authorized by Government Code 76000 (b) will be reduced as soon as practicable by Superior Court from $2.50 to $1.00. Payments will continue to be received from cases which already have assessed balances. Additionally, the Courthouse Temporary Construction Fund will be closed, and any balances will be paid to the State Court Facilities Construction Fund.
The penalties authorized by Government Code 76101 for the Criminal Justice Facility Construction Fund do not sunset and future revenue received will set aside for the purpose of assisting in the construction, reconstruction, expansion, improvement, operation, or maintenance of the County’s criminal justice and court facilities and for improvement of criminal justice automated information systems of as provided for in that section.
Staff has coordinated the reduction of the additional penalty pursuant to 76000 (e) with the Courts.
Approval of Recommendation No. 1 adopts Resolution reducing the additional penalty authorized by Government Code 76000 (a) from $7.00 to $5.00 and the additional penalty authorized by Government Code 76000 (b) from 2.50 to $1.00 effective immediately following Board approval. At this time, it is recommended the remaining $1.00 stay with the General Fund.
Approval of Recommendation No. 2 directs the Auditor-Controller/Treasurer/Tax Collector to forward the balance and any future monies received in the County’s Courthouse Construction Fund to the State Court Facilities Construction Fund.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by Auditor-Controller/Treasurer/Tax Collector (Lisa Lazzar, General Accounting Manager, 382-3196 and Erika Gomez, Management Services Manager, 382-3191) on January 16, 2020; County Counsel (Penny Alexander-Kelley, Chief Assistant County Counsel, 387-5455) on February 10, 2020; Superior Court (Kristine Swensson, Deputy Court Executive Officer, 708-8744) on February 7, 2020; Finance (Amanda Trussell, Principal Administrative Analyst, 387-5423) on February 14, 2020; and County Finance and Administration (Katrina Turturro, Deputy Executive Officer, 387-4523) on February 24, 2020.