BILL NUMBER: SB 129	CHAPTERED  09/08/03

	CHAPTER  336
	FILED WITH SECRETARY OF STATE  SEPTEMBER 8, 2003
	APPROVED BY GOVERNOR  SEPTEMBER 6, 2003
	PASSED THE ASSEMBLY  AUGUST 25, 2003
	PASSED THE SENATE  MAY 12, 2003
	AMENDED IN SENATE  MAY 7, 2003
	AMENDED IN SENATE  APRIL 7, 2003

INTRODUCED BY   Senator Escutia

                        FEBRUARY 5, 2003

   An act to amend Section 77202 of the Government Code, relating to
trial courts.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 129, Escutia.  Trial courts:  budget process.
   Existing law requires the Judicial Council to adopt policies and
procedures governing budgeting in the trial courts, and specifies the
duties of the Administrative Director of the Courts in this regard.

   This bill would require the Judicial Council to circulate proposed
amendments to those policies and procedures, as specified, and
provide for the duties of the Administrative Office of the Courts
with respect to requests to transfer funds.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 77202 of the Government Code is amended to
read:
   77202.  (a) The Legislature shall make an annual appropriation to
the Judicial Council for the general operations of the trial courts
based on the request of the Judicial Council.  The Judicial Council's
trial court budget request shall meet the needs of all trial courts
in a manner which promotes equal access to the courts statewide.  The
Judicial Council shall allocate the appropriation to the trial
courts in a manner that best ensures the ability of the courts to
carry out their functions, promotes implementation of statewide
policies, and promotes the immediate implementation of efficiencies
and cost-saving measures in court operations, in order to guarantee
access to justice to citizens of the state.
   The Judicial Council shall ensure that its trial court budget
request and the allocations made by it reward each trial court's
implementation of efficiencies and cost-saving measures.
   These efficiencies and cost-saving measures shall include, but not
be limited to, the following:
   (1) The sharing or merger of court support staff among trial
courts across counties.
   (2) The assignment of any type of case to a judge for all purposes
commencing with the filing of the case and regardless of
jurisdictional boundaries.
   (3) The establishment of a separate calendar or division to hear a
particular type of case.
   (4) In rural counties, the use of all court facilities for
hearings and trials of all types of cases and the acceptance of
filing documents in any case.
   (5) The use of alternative dispute resolution programs, such as
arbitration.
   (6) The development and use of automated accounting and
case-processing systems.
   (b) (1) The Judicial Council shall adopt policies and procedures
governing practices and procedures for budgeting in the trial courts
in a manner that best ensures the ability of the courts to carry out
their functions and may delegate the adoption to the Administrative
Director of the Courts.  The Administrative Director of the Courts
shall establish budget procedures and an annual schedule of budget
development and management consistent with these rules.
   (2) The Trial Court Policies and Procedures shall specify the
process for a court to transfer existing funds between or among the
budgeted program components to reflect changes in the court's planned
operation or to correct technical errors.  If the process requires a
trial court to request approval of a specific transfer of existing
funds, the Administrative Office of the Courts shall review the
request to transfer funds and respond within 30 days of receipt of
the request.  The Administrative Office of the Courts shall respond
to the request for approval or denial to the affected court, in
writing, with copies provided to the Department of Finance, the
Legislative Analyst Office, the Legislature's budget committees, and
the court's affected labor organizations.
   (3) The Judicial Council shall circulate for comment to all
affected entities any amendments proposed to the Trial Court Policies
and Procedures as they relate to budget monitoring and reporting.
Final changes shall be adopted at a meeting of the Judicial Council.