BILL NUMBER: AB 973	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 27, 2011
	AMENDED IN ASSEMBLY  APRIL 7, 2011

INTRODUCED BY   Assembly Member Campos

                        FEBRUARY 18, 2011

   An act to amend Section 68106 of, and to add Section 68511.7 to,
the Government Code, relating to courts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 973, as amended, Campos. Trial courts: budget process: public
notice.
   Existing law requires a trial court to provide written
notification to the public by conspicuous posting within or about its
facilities, on its public Internet Web site, and to the Judicial
Council, not less than 60 days prior to closing any courtroom, or
closing or reducing the hours of clerks' offices during regular
business hours on any day, except as specified.
   This bill would require a trial court to also provide notification
by electronic distribution to individuals who have subscribed to the
court's electronic distribution service. The bill would require
those required notifications to include information on how the public
may provide written comments during the 60-day period on the court's
plan for closing a courtroom, or closing or reducing the hours of
clerks' offices. The bill would require the court to review and
consider all public comments received and immediately  post a
revised   provide  notice  to the public and
to the Judicial Council  if the court's plan changes as a result
of the comments received.
   Existing law authorizes the Judicial Council, as part of its trial
court budget process, to seek input from groups and individuals as
it deems appropriate, including, but not limited to, advisory
committees and the Administrative Director of the Courts. The trial
court budget process may include other considerations, including the
receipt of budget requests from the trial courts. Existing law
requires the Judicial Council to adopt rules providing for notice to
the public and for public input to decisions concerning
administrative and financial functions of a trial court, including,
but not limited to, decisions relating to the budget of the trial
court prior to submittal to the Judicial Council and subsequent to
budget approval. Existing law also requires the Judicial Council to
adopt rules requiring trial courts to give notice to the public of
other decisions concerning the administrative and financial functions
of the trial courts.
   This bill would require each trial court, prior to adopting a
baseline budget plan for the fiscal year, to provide the public
notice of, and an opportunity for input on, the trial court's
proposed budget plan, as specified. Among other things, the bill
would require the court, prior to conducting a public hearing, to
make the proposed baseline budget plan available to the public and to
provide notice of the hearing date, time, and location, and the
opportunity to submit written comments.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 68106 of the Government Code is amended to
read:
   68106.  (a) (1) In making appropriations for the support of the
trial courts, the Legislature recognizes the importance of increased
revenues from litigants and lawyers, including increased revenues
from civil filing fees. It is therefore the intent of the Legislature
that, to the extent practicable, access to court services for civil
litigants be preserved in the allocation of resources by and for
trial courts.
   (2) Furthermore, it is the intent of the Legislature in enacting
the Budget Act of 2010, which includes increases in civil and
criminal court fees and penalties, that trial courts remain open to
the public on all days except judicial holidays, Saturdays, and
Sundays, and except as authorized pursuant to Section 68115.
   (b) (1) A trial court shall provide written notification to the
public by conspicuous posting within or about its facilities, on its
public Internet Web site, and by electronic distribution to
individuals who have subscribed to the court's electronic
distribution service, and to the Judicial Council, not less than 60
days prior to closing any courtroom, or closing or reducing the hours
of clerks' offices during regular business hours on any day except
judicial holidays, Saturdays, and Sundays, and except as authorized
pursuant to Section 68115. The notification shall include the scope
of the closure or reduction in hours, and the financial constraints
or other reasons that make the closure or reduction necessary.
   (2)  (A)    The notification required pursuant
to paragraph (1) shall include information on how the public may
provide written comments during the 60-day period on the court's plan
for closing a courtroom, or closing or reducing the hours of clerks'
offices. The court shall review and consider all public comments
received. If the court plan for closing a courtroom, or closing or
reducing the hours of clerks' offices, changes as a result of the
comments received, the court shall immediately  post
  provide notice to the public by posting  a
revised notice within or about its facilities, on its public Internet
Web site,  and by electronic distribution to individuals who
have subscribed to the court's electronic distribution service, 
and to the Judicial Council. Any change in the court's plan pursuant
to this paragraph shall not require notification beyond the initial
60-day period. 
   (B) This paragraph shall not be construed to obligate courts to
provide responses to the comments received. 
   (3) Within 15 days of receipt of a notice from a trial court, the
Judicial Council shall conspicuously post on its Internet Web site
and provide the chairs and vice chairs of the Committees on
Judiciary, the Chair of the Assembly Committee on Budget, and the
Chair of the Senate Committee on Budget and Fiscal Review a copy of
any notice received pursuant to this subdivision. The Legislature
intends to review the information obtained pursuant to this section
to ensure that California trial courts remain open and accessible to
the public.
   (c) Nothing in this section is intended to affect, limit, or
otherwise interfere with regular court management decisionmaking,
including calendar management and scheduling decisions.
  SEC. 2.  Section 68511.7 is added to the Government Code, to read:
   68511.7.  (a) Prior to adopting a baseline budget plan for the
fiscal year, each trial court shall provide the public notice of, and
an opportunity for input on, the trial court's proposed budget plan,
consistent with the requirements of this section.
   (b) The court shall allow public input by the submission of
written comments and by holding a public hearing on the trial court's
proposed baseline budget plan. Any public hearing shall be conducted
in a place reasonably accessible to the residents of the county in
which the court is located, and allow for public comment. The court
may conduct the public hearing at the courthouse in that county.
   (c) (1) Prior to conducting a public hearing, the court shall make
the proposed baseline budget plan available to the public and
provide notice of the hearing date, time, and location, and the
opportunity to submit written comments. Notice of the hearing and the
opportunity to submit comments shall be by conspicuous posting
within or about the  courts'   court's 
facilities, on the court's public Internet Web site, and by
electronic distribution to individuals that have subscribed to the
court's electronic distribution service. The notice shall be posted
not less than 10 court days prior to the date of the hearing.
   (2) The baseline budget plan shall be made available to the public
at the courthouse and on the court's public Internet Web site no
less than three court days prior to the hearing. 
   (d) This section shall not be construed to obligate courts to
provide responses to the comments presented at the public hearing or
to written comments received.