BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2458


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          Date of Hearing:  April 5, 2016


                           ASSEMBLY COMMITTEE ON JUDICIARY


                                  Mark Stone, Chair


          AB 2458  
          (Obernolte) - As Amended March 29, 2016


                    PROPOSED CONSENT (As Proposed to be Amended)


          SUBJECT:  TRIAL COURT RESERVES


          KEY ISSUE:  IN ORDER TO ALLOW TRIAL COURTS TO BUILD UP THEIR  
          RESERVES TO FUND PROJECTS OR PROGRAMS THAT PROVIDE THE PUBLIC  
          WITH GREATER ACCESS TO COURT SERVICES aND JUSTICE, SHOULD THE  
          LOCAL ONE PERCENT RESERVES LIMIT AND THE STATEWIDE TWO PERCENT  
          SET-ASIDE BE ELIMINATED?

                                      SYNOPSIS


          The Lockyer-Eisenberg Trial Court Funding Act established by AB  
          233 (Escutia and Pringle, Chap. 850, Stats. 1997) shifted the  
          responsibility of funding trial court operations from the  
          counties to the state.  The goal was to create a more uniform  
          and equitable court system in order to increase access to  
          justice for all Californians.


          Under the Lockyer-Eisenberg Act, the Judicial Council was  
          authorized to allow trial courts to carry unexpended funds over  
          from one fiscal year to the next.  The Act did not limit the  








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          amount of reserves that each court could maintain, nor did the  
          Act proscribe how those reserves could be used.  In 2012-13 in  
          the midst of unprecedented cuts to the courts as the result of  
          the recession, the Legislature changed this policy and limited  
          trial courts reserves to up to one percent of its prior-year  
          operating budget.  In order to fund specific unforeseen  
          emergencies, unanticipated expenses, and unavoidable shortfalls  
          of the trial courts, the Legislature also required Judicial  
          Council to set aside two percent of the Trial Court Trust Fund  
          annually to help fund those emergencies.


          This bill essentially repeals that one percent reserves policy  
          and reverts to the reserves policy prior to 2012, which allowed  
          individual trial courts to maintain their own reserves year to  
          year.  As proposed to be amended, this bill also repeals the two  
          percent set-aside. This bill has no opposition.


          SUMMARY:  Eliminates the limit on the amount a trial court may  
          hold in reserve, and repeals the two percent set-aside within  
          the Trial Court Trust Fund.  Specifically, this bill:


          1)Authorizes the Judicial Council to allow a trial court to  
            carry unexpended funds over from one fiscal year to the next,  
            and repeals the provisions that limit the carryover amount  
            currently to one percent of the trial court's prior-year  
            budget.


          2)Repeals the provisions that require the Judicial Council to  
            set aside two percent of the total funds appropriated for  
            trial court operations to be used for specific trial court  
            allocations, including unforeseen emergencies, unanticipated  
            expenses for existing programs, and unavoidable funding  
            shortfalls.










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          3)Repeals the Judicial Council's reporting requirement to the  
            Legislature and the Department of Finance on the two percent  
            set-aside.


          4)Makes technical and other conforming changes.


          EXISTING LAW:  


          1)Establishes that the state shall assume sole responsibility  
            for the funding of court operations.  (Government Code Section  
            77200 et seq.  Unless stated otherwise, all further statutory  
            references are to the Government Code.)


          2)States that while it is the intent of the Legislature to  
            transfer all fiscal responsibility for the support of the  
            trial courts from the counties to the State, it is imperative  
            that the activities of the State, the counties, and the trial  
            courts be maintained in a manner that ensures that services to  
            the people of California are not disrupted.  (Section 77212.)


          3)Provides that the Legislature shall make an annual  
            appropriation to the Judicial Council for general trial court  
            operations based on the request of the Judicial Council, as  
            provided.  (Section 77202.)


          4)Requires the Judicial Council to report to the Legislature all  
            approved allocations and reimbursements to the trial courts in  
            each fiscal year, as specified.  The report shall include a  
            statement of the intended purpose for which each allocation or  
            reimbursement was made, and the policy governing trial court  
            reserves.  (Section 77202.5.)










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          5)Requires trial courts to report to the Judicial Council all  
            court revenues, expenditures, reserves, and fund balances from  
            the prior fiscal year from all fund sources.  The Judicial  
            Council shall summarize this information and report this to  
            the Legislature.  (Section 77202.5.)


          6)Provides that the Judicial Council shall retain the ultimate  
            responsibility to adopt a budget and allocate funding for the  
            trial courts and perform other activities, as specified, that  
            best assure the trial courts' ability to carry out their  
            functions, promote implementation of statewide policies, and  
            promote the immediate implementation of efficiencies and cost  
            saving measures in court operations, in order to guarantee  
            equal access to the courts.  (Section 68502.5.)


          7)Provides that, prior to June 30, 2014, a trial court may carry  
            over all unexpended funds from the courts operating budget  
            from the prior fiscal year.  (Section 77203.)


          8)Provides that, commencing June 30, 2014, a trial court may  
            carry over unexpended funds in an amount not to exceed one  
            percent of the court's operating budget from the prior fiscal  
            year.  The calculation of the one percent authorized to be  
            carried over from the previous fiscal year shall not include  
            certain funds as specified.  (Id.)


          9)Requires the Judicial Council to set aside two percent of the  
            total funds appropriated to Trial Court Trust Fund and to  
            allocate those funds for unforeseen emergencies, unanticipated  
            expenses for existing programs, or unavoidable funding  
            shortfalls.  Provides that any unexpended funds shall be  
            distributed to the trial courts on a prorated basis.  (Section  
            68502.5.)










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          10)Requires the Judicial Council to report to the Legislature  
            and to the Department of Finance all requests and allocations  
            made pursuant to the two percent set-aside.  (Id.)


          FISCAL EFFECT:  As currently in print, this bill is keyed  
          non-fiscal.  As proposed to be amended, this bill will be keyed  
          fiscal.


          COMMENTS:  The Lockyer-Eisenberg Trial Court Funding Act (the  
          Act) was established by AB 233 (Escutia and Pringle, Chap. 850,  
          Stats. 1997), and, among other things, shifted the  
          responsibility of funding trial court operations from the  
          counties to the State.  This significant structural improvement  
          was intended to create a more uniform and equitable court system  
          in order to increase access to justice for all Californians.


          Under the Act, the Judicial Council was authorized to allow  
          trial courts to carry unexpended funds over from one fiscal year  
          to the next.  The Act did not limit the amount of reserves that  
          each court could maintain, nor did the Act proscribe how those  
          reserves could be used.  According to the Judicial Council,  
          trial courts used their reserves funds to avoid cash-flow  
          problems, address budget reductions, cover unanticipated cost  
          increases, and plan for future projects.  At the end of the  
          2011-12 fiscal year, trial courts had amassed $531 million in  
          reserves statewide. 


          New Reserves Policy Enacted in 2012-13 Budget.  As part of the  
          2012-13 budget package under Senate Bill 1021 (Budget, Chap. 41,  
          Stats. 2012), the Legislature approved legislation to change  
          that liberal reserves policy.  Beginning in 2014-15, each trial  
          court may only retain reserves of up to one percent of its  
          prior-year operating budget.  If a trial court retains any  
          amount above that one percent, current law requires the Judicial  
          Council to subtract (or offset) that above-reserves-amount from  








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          that trial court's annual budget allocation the next year.


          The 2012-13 budget also established a statewide court reserves  
          that is managed by the Judicial Council.  This statewide court  
          reserves policy requires Judicial Council to set aside two  
          percent of the total funds appropriated for trial court  
          operations in a given year (approximately $27.8 in 2012-13 and  
          $37.2 million in 2014-15).  Trial courts can petition the  
          Judicial Council for an allocation from this statewide court  
          reserves to address unforeseen emergencies, unanticipated  
          expenses for existing programs, or unavoidable funding  
          shortfalls.  Any unexpended funds in the statewide court  
          reserves are to be distributed to the trial courts on a prorated  
          basis at the end of each fiscal year.


          Changes to the Reserves Policy in 2013-14 Budget.  In 2013-14,  
          the Legislature modified the reserves policy to address concerns  
          raised by various stakeholders.  Among the changes, the  
          Legislature specifically exempted certain amounts from being  
          calculated as part of the one percent reserve limit.  For  
          example, funds set aside to establish and maintain a children's  
          waiting room are now exempt from a trial court's one percent  
          limit.  Additionally, the 2013-14 Budget utilized $385 million  
          of the trial court reserves to offset ongoing General Fund  
          reductions.


          In support of the bill, the author writes:


               Trial courts across California continue to struggle due to  
               a lack of resources and insufficient state funding.  In San  
               Bernardino County, for example, local courts face an  
               ongoing judicial officer shortage of over 60% and are  
               unable to reduce caseloads without the funds necessary to  
               open additional courtrooms.  This severely limits access to  
               justice for over two million people who rely on those  








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               services.


               Unlike state departments, courts need to have cash on hand  
               to meet payroll, fulfill contractual obligations, pay  
               bills, and manage other cash flow needs, many of which are  
               outside a trial court's control.  The current cap on court  
               reserves restricts the ability of trial courts to make  
               these adjustments and pay for upgrades, which has a  
               dramatic impact on access to justice in California.


               AB 2458 would repeal the 1% cap on reserves and the 2%  
               set-aside that was implemented in 2014 and authorize  
               Judicial Council to allow individual trial courts to carry  
               unexpended funds over from one fiscal year to the next.   
               This will give trial courts the ability to better manage  
               ongoing budget shortfalls and invest in technology that  
               will improve efficiency.  These technology advancements  
               make court operations more cost-effective and improve  
               customer service.  Additionally, eliminating the cap  
               provides trial courts an incentive to operate more  
               efficiently because court savings could be used for future  
               purposes.


          This bill would repeal the one percent cap reserves policy, and  
          as proposed to be amended, repeal the two percent set-aside.   
          Essentially, the bill as proposed to be amended would revert to  
          the reserves policy that was in place before Senate Bill 1021  
          (Budget, Chap. 41, Stats. 2012).


          According to the LAO, Reserves Policy Continues to Present  
          Unintended Challenges.  In its analysis of the 2012-13 Budget's  
          reserves policy, the LAO stated the following:


               The Legislature enacted the new reserves policy to ensure  








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               greater consistency with state departments and agencies,  
               which generally are not authorized to retain reserves.   
               However, the ability to retain unlimited reserves provided  
               trial courts with a great deal of financial autonomy in the  
               past.  Thus, the limitation of reserves to 1 percent of  
               prior-year operating budgets, as well as the withholding of  
               trial court operation funding to create a two percent  
               statewide reserves, presents a number of unintended  
               challenges which require new judicial branch policies and  
               procedures.  (Legislative Analyst Office, 2013-14 Budget:  
               Governor's Criminal Justice Proposals, p. 20 (Feb. 15,  
               2013) [emphasis added].)


          Indeed, the LAO suggested that the one percent reserves policy  
          and two percent set-aside could lead to cash shortfalls, create  
          difficulties with employee payroll, limit the ability for courts  
          to plan for future projects, and reduce incentives and the  
          ability of individual trial courts to implement efficiencies.   
          By eliminating these reserves policies, this bill would appear  
          to mitigate the concerns raised above.


          By Authorizing Judicial Council to Allow Trial Courts to Build  
          Up Reserves, This Bill Would Appear to Promote Access to  
          Justice.  Historically, trial courts built up their reserves to  
          fund projects or programs that: (1) provide the public with  
          greater access to court services-such as document management,  
          collections, electronic filing, and electronic access  
          technologies; (2) support additional workload; or (3) help  
          improve efficiency.  By eliminating the one percent reserves  
          limit (and repealing the two percent set-aside), this bill would  
          allow trial courts the ability to fund those projects and  
          programs that promote access to justice.  


          Of course, trial courts should not be cutting access to services  
          and programs in order to advantageously re-build trial court  
          reserves.  However, to the extent that courts are able to  








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          simultaneously maintain access to justice and increase their  
          reserves, this bill could improve access to our courts, and  
          create investments in long-term projects, programs, and services  
          that benefit Californians.


          In Addition to Repealing the One Percent Reserves Cap, the  
          Author Has Also Proposed to Eliminate the Statewide Two Percent  
          Set-Aside.  Although the current two percent set-aside does  
          allow additional funds to trial courts, the funds in the two  
          percent set-aside can only be used to address unforeseen  
          emergencies, unanticipated expenses for existing programs, or  
          unavoidable funding shortfalls.  Although this funding may  
          assist state courts for certain instances, the specific  
          parameters around these funds probably make it difficult for  
          courts to invest in long-term projects that promote programming  
          innovation that increases access to justice.  Given that this  
          bill eliminates the one percent reserve, it seems logical for  
          this bill to also eliminate the two percent set-aside, which is  
          specifically earmarked for trial courts.


          This Bill Goes Farther Than What The Legislature Has  
          Historically Supported.  In 2013, both the Assembly and Senate  
          Budget Committees voted to raise the one percent reserves limit  
          to 12 percent.  While this action was ultimately taken out of  
          the budget during Budget Conference Committee, the goal of  
          allowing trial courts the opportunity to maintain more reserves  
          for long-term projects is consistent with this bill and prior  
          legislative action.


          REGISTERED SUPPORT / OPPOSITION:




          Support









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          None on file




          Opposition


          None on file




          Analysis Prepared by:Eric Dang / JUD. / (916) 319-2334