Bill Text: CA AB1733 | 2015-2016 | Regular Session | Introduced
Bill Title: Trial court funding.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-11-30 - Died at Desk. [AB1733 Detail]
Download: California-2015-AB1733-Introduced.html
BILL NUMBER: AB 1733 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Wagner
FEBRUARY 1, 2016
An act to amend Section 77003 of the Government Code, relating to
courts.
LEGISLATIVE COUNSEL'S DIGEST
AB 1733, as introduced, Wagner. Trial court funding.
Existing law establishes the Trial Court Trust Fund, the proceeds
of which are required to be apportioned for authorized purposes,
including apportionment to the trial courts to fund trial court
operations. Existing law, for the purpose of funding trial court
operations, authorizes the Judicial Council to establish bank
accounts for the superior courts, into which are deposited all moneys
appropriated in the Budget Act and allocated or reallocated to each
court by the Judicial Council, moneys held in trust, and other moneys
as deemed necessary or appropriate. "Court operations" is defined
for these purposes.
This bill would make technical, nonsubstantive changes to the
provision defining court operations.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 77003 of the Government Code is amended to
read:
77003. (a) As used in this chapter, "court operations" means all
of the following:
(1) Salaries, benefits, and public agency retirement contributions
for superior court judges and for subordinate judicial officers.
For
(A) For purposes of this
paragraph, the term "subordinate judicial
officers" includes all both of the following:
(i) A ll commissioner
or referee positions created prior to July 1, 1997, including
positions created in the municipal court prior to July 1, 1997, which
thereafter became positions in the superior court as a result of
unification of the municipal and superior courts in a county, and
including those commissioner positions created pursuant to former
Sections 69904, 70141, 70141.9, 70142.11, 72607, 73794, 74841.5, and
74908; and includes any 74908.
(ii) A ny staff who
provide direct support to commissioners; but does
commissioners.
(B) "Subordinate judicial officers"
does not include commissioners or staff who provide direct
support to the commissioners whose positions were created after July
1, 1997, unless approved by the Judicial Council, subject to the
availability of funding.
(2) The salary, benefits, and public agency retirement
contributions for other court staff.
(3) Court security, but only to the extent consistent with court
responsibilities under Article 8.5 (commencing with Section 69920) of
Chapter 5.
(4) Court-appointed counsel in juvenile court dependency
proceedings and counsel appointed by the court to represent a minor
pursuant to Chapter 10 (commencing with Section 3150) of Part 2 of
Division 8 of the Family Code.
(5) Services and supplies relating to court operations.
(6) Collective bargaining under Sections 71630 and 71639.3 with
respect to court employees.
(7) Subject to paragraph (1) of subdivision (d) of Section 77212,
actual indirect costs for county and city and county general services
attributable to court operations, but specifically excluding, but
not limited to, law library operations conducted by a trust pursuant
to statute; statute, courthouse
construction; construction, district
attorney services; services, probation
services; services, indigent criminal
defense; defense, grand jury expenses
and operations; operations, and
pretrial release services.
(8) Except as provided in subdivision (b), and subject to Article
8.5 (commencing with Section 69920) of Chapter 5, other matters
listed as court operations in Rule 10.810 of the California Rules of
Court Court, as it read on January 1,
2007.
(b) However, "court operations" does not include collection
enhancements as defined in Rule 10.810 of the California Rules of
Court Court, as it read on January 1,
2007.
