California Legislature—2015–16 Regular Session

Assembly Bill No. 1733

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. begin delete For end delete

begin insert (A) end insert begin insert   end insert begin insert For end insert purposes of this paragraph, begin insert the term end insert “subordinate
judicial officers” includes begin delete all end delete begin insert both of the following: end insert

begin insert (i) end insert begin insert   end insert begin insert A end insert begin insert ll end insert 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 begin delete 74908; and includes any end delete begin insert 74908. end insert

begin insert (ii) end insert begin insert   end insert begin insert A end insert begin insert ny end insert staff who provide direct support to begin delete commissioners; but
does end delete begin insert commissioners. end insert

begin insert (B) end insert begin insert   end insert begin insert “Subordinate judicial officers” does end insert 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 begin insert the end insert 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
begin delete statute; end delete begin insert statute, end insert courthouse begin delete construction; end delete begin insert construction, end insert district
attorney begin delete services; end delete begin insert services, end insert probation begin delete services; end delete begin insert services, end insert indigent
criminal begin delete defense; end delete begin insert defense, end insert grand jury expenses and begin delete operations; end delete
begin insert operations, end insert 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 begin delete Court end delete begin insert Court, end insert 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 begin delete Court end delete begin insert Court, end insert as it read on January 1, 2007.