§ 70359. — 70359. (Amended by Stats. 2007, Ch. 130, Sec. 134.)

California § 70359.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Title 8.: TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS
• Ch. 5.7.: CHAPTER 5.7. Superior Court Facilities
• Art. 5.: ARTICLE 5. County Facilities Payment

Text

(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.

Legislative History

Amended by Stats. 2007, Ch. 130, Sec. 134. Effective January 1, 2008.