California Legislature—2015–16 Regular Session

Assembly BillNo. 1733

Introduced by Assembly Member Wagner

February 1, 2016

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


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:

P1    1


Section 77003 of the Government Code is
2amended to read:



(a) As used in this chapter, “court operations” means
4all of the following:

P2    1(1) Salaries, benefits, and public agency retirement contributions
2for superior court judges and for subordinate judicial officers.begin delete Forend delete

3begin insert(A)end insertbegin insertend insertbegin insertForend insert purposes of this paragraph,begin insert the termend insert “subordinate
4judicial officers” includesbegin delete allend deletebegin insert both of the following:end insert

5begin insert(i)end insertbegin insertend insertbegin insertAend insertbegin insertllend insert commissioner or referee positions created prior to July
61, 1997, including positions created in the municipal court prior
7to July 1, 1997, which thereafter became positions in the superior
8court as a result of unification of the municipal and superior courts
9in a county, and including those commissioner positions created
10pursuant to former Sections 69904, 70141, 70141.9, 70142.11,
1172607, 73794, 74841.5, andbegin delete 74908; and includes anyend deletebegin insert 74908.end insert

12begin insert(ii)end insertbegin insertend insertbegin insertAend insertbegin insertnyend insert staff who provide direct support tobegin delete commissioners; but
13doesend delete
begin insert commissioners.end insert

14begin insert(B)end insertbegin insertend insertbegin insert“Subordinate judicial officers” doesend insert not include
15commissioners or staff who provide direct support to the
16commissioners whose positions were created after July 1, 1997,
17unless approved by the Judicial Council, subject tobegin insert theend insert availability
18of funding.

19(2) The salary, benefits, and public agency retirement
20contributions for other court staff.

21(3) Court security, but only to the extent consistent with court
22responsibilities under Article 8.5 (commencing with Section 69920)
23of Chapter 5.

24(4) Court-appointed counsel in juvenile court dependency
25proceedings and counsel appointed by the court to represent a
26minor pursuant to Chapter 10 (commencing with Section 3150)
27of Part 2 of Division 8 of the Family Code.

28(5) Services and supplies relating to court operations.

29(6) Collective bargaining under Sections 71630 and 71639.3
30with respect to court employees.

31(7) Subject to paragraph (1) of subdivision (d) of Section 77212,
32actual indirect costs for county and city and county general services
33attributable to court operations, but specifically excluding, but not
34limited to, law library operations conducted by a trust pursuant to
35begin delete statute;end deletebegin insert statute,end insert courthousebegin delete construction;end deletebegin insert construction,end insert district
36attorneybegin delete services;end deletebegin insert services,end insert probationbegin delete services;end deletebegin insert services,end insert indigent
37criminalbegin delete defense;end deletebegin insert defense,end insert grand jury expenses andbegin delete operations;end delete
38begin insert operations,end insert and pretrial release services.

39(8) Except as provided in subdivision (b), and subject to Article
408.5 (commencing with Section 69920) of Chapter 5, other matters
P3    1listed as court operations in Rule 10.810 of the California Rules
2ofbegin delete Courtend deletebegin insert Court,end insert as it read on January 1, 2007.

3(b) However, “court operations” does not include collection
4enhancements as defined in Rule 10.810 of the California Rules
5ofbegin delete Courtend deletebegin insert Court,end insert as it read on January 1, 2007.