HomeMy WebLinkAbout14-115 l / r
Resolution No, 14-115
RESOLUTION AUTHORIZING AND ALLOCATING PE IALITIES RELATED TO TITLE B, CHAPTER 1
F THE CALIFORNIA GOVERNMENT CODE
WHEREAS, Government Code Section 76000(a) directs that an additional penalty of 7 for every$10 of base fine
shalll be levied in each:county for all criminal offenses, including violations of the vehicle code; and
WHEREAS, pursuant to Government Code Section 76000(a),the County Treasurer is directed to deposit portions
of the$7 additional penalty authorized by Section 76000(a) into one or more funds as specified by resolution of the
Board of Supervisors, inclluding the Courthouse Construction Fund (Government Code Section 76100), Criminal Justice
Facilities Construction Fund (Government Code Section 76101), and Emergency Medical Services Fund (Government
Code Section 76104); and
WHEREAS, resolutions 11-017 and 03-090, previously adopted by the Board, have specified the amounts'to be
deposited into the Courthouse Construction Fund and Criminal Justice Facilities Construction Fund; and
WHEREAS, Government Code Section 70402 directs that any amount in a county's Courthouse Construction
Fund established by Section 76100 shall be transferred to the State Court Facilities Construction Fund on the date of the
final payment of the bonded indebtedness for any court facility that is paid from, that fund; and
WHEREAS, Government Code Section 76000(d) provides that,with respect to the added penalty for the
Courthouse Construction Fund authorized by Government.Code Section 76000(b), such penalty shall be reduced from
$2.501 to $1.00 as of the date of the final payment of the bonded indebtedness for any court facility that is paid from the
Courthouse Construction Fund; and
WHEREAS, the entire amount of the $1.00 penalty provided for by Government Code Section 76000(d) shall be
deposited in the County General Fund; and
WHEREAS, On July 1, 2014, the final payment of bonded indebtedness for the court facility that is paid from the
Butte County Courthouse Construction Fund was retired.
NOW,THEREFORE,the Board of Supervisors of the County of Butte does hereby resolve as follows,
1. Resolutions 11-017 and 03-090 are hereby superseded by this resolution;
2. The previously established Criminal Justice Facilities Construction Fund is reaffirmed and the
implementation of Government Code Section 76101 is necessary for the provision of adequate criminal
justice facilities'in the County;
3. Pursuant to Government Code Sections'76000, 76101, and 761.06,the Board of Supervisors directs that from
each seven dollars( 7)of penalties collected as authorized by Government Code Section 76000(a),five
dodllars ($6)shall be deposited in the Criminal Justice Facilities Construction Fund;
4� In accordance with Resolution 91-122 and pursuant to Government Code Sections 76000, 76104, and 76106,
from each seven dollars ($7) of penalties collected as authorized by Government Code Section 76000(a),two
dollars ($2) shall be deposited in the Emergency Medical Services Fund;
5. The Auditor-Controller is directed to close the Courthouse Construction, Fund upon the cessation of activity
in that fund and to remit any amounts remaining in the fund as of July 1,2014,or any residual:amounts
accruing to that fund after that date, to the,State Court Facilities Construction Fund;
6. The Board,of Supervisors requests that the Clerk of the Court discontinue, on traffic citations filed on or
after October 1, 2014, the $1 Courthouse Construction Fund fee assessment mandated by Vehicle Code
Section 42007(b)(1). Once discontinued, this fee assessment shall be allocated to the County General Fund.
7. As of July 1, 2014, with respect to the Courthouse Construction Fund,the two-dollar and fifty-cents ($2.50)
added penalty shall be reduced to one dollar($I),and all funds collected from this penalty shall be
deposited in the County General Fund.
8. The Clerk of the Board of Supervisors is instructed to transmit, on the next business day following the
adoption of the resolution, a copy of this resolution to the Clerk of the Court,
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, on this 9tt'day of
September, 2014 by the following vote:
AYES:Supervisors Connelly, Wahl, Kirk, Lambert and Chair Teeter
NOES: None
ABSENT: None
NOT VOTING: None
Doug Teeter, Chair
Butte County Board of Supervisors
ATTEST:
Paul Hahn, Chief dministrative Officer
and Clerk,of he and of Supervisors
By: d,
/ Depdty