BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2458


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          Date of Hearing:   April 20, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2458 (Obernolte) - As Amended April 7, 2016


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill:


          1)Repeals provisions limiting a trial court's carryover reserves  
            to one percent of the trial court's prior-year budget.


          2)Repeals provisions requiring the Judicial Council to set aside  








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            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.


          FISCAL EFFECT:


          The trial courts and the Judicial Council should realize minor  
          administrative cost savings from eliminating the reserve  
          restrictions. There should be no additional trial court costs,  
          though allowing unrestricted reserves will likely shift some  
          portion of court spending to future fiscal years.


          (In 2013, both the Assembly and Senate Budget Committees voted  
          to raise the one percent reserve limit to 12 percent, though  
          this action was ultimately removed during Budget Conference  
          Committee.)


          COMMENTS:


          1)Background. The Lockyer-Eisenberg Trial Court Funding Act of  
            1997, among other things, shifted the responsibility of  
            funding trial court operations from the counties to the State.  
            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.









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            Legislation adopted as part of the 2012-13 budget stipulated  
            that, beginning in 2014-15, each trial court may only retain  
            reserves of up to one percent of its prior-year operating  
            budget. The 2012-13 budget also established a statewide court  
            reserves requiring the Judicial Council to set aside two  
            percent of the total funds appropriated for trial court  
            operations in a given year (approximately $27.8 million 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.


            In 2013-14, the Legislature modified the reserves policy to  
            exempt certain amounts, such as  funds set aside to establish  
            and maintain a children's waiting room, from being calculated  
            as part of the one percent reserve limit. Additionally, the  
            2013-14  budget utilized $385 million of existing trial court  
            reserves to offset General Fund reductions to the courts.


          2)Purpose. According to the author, repealing the current court  
            reserve policies, "[w]ill 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."


          Analysis Prepared by:Chuck Nicol / APPR. / (916)  
          319-2081












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