Bill Text: CA AB1313 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Judgeships: allocation.

Spectrum: Moderate Partisan Bill (Republican 11-2)

Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1313 Detail]

Download: California-2013-AB1313-Introduced.html

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BILL NUMBER: AB 1313	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Donnelly

                        FEBRUARY 22, 2013

   An act to amend Section 77003 of the Government Code, relating to
courts.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1313, as introduced, Donnelly. 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 shall be 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
provisions 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   . 
    (ii)     A   ny  staff who
provide direct support to commissioners  ; but does 
 . 
    (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  ;   ,  courthouse construction
 ;   ,  district attorney services 
;   ,  probation services  ; 
 ,  indigent criminal defense  ;   ,
 grand jury expenses and 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  ,  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  ,  as it read on January 1, 2007.