California: What does the Judicial Council have to do with skateboard parks? Soon, maybe nothing.

Since 1995, California has enacted a series of laws related to the safety of its skateboard parks. The first, SB 1360 of 1995, prohibited a park operator from permitting skaters who did not wear a helmet, elbow pads, and knee pads. Starting in 1997, the Judicial Council became involved, when AB 1296 required local public agencies maintain a record of all known or reported injuries incurred by skateboarders in a public skateboard park and file them with the Judicial Council annually. The Council was then to submit a report this information to the legislature in March 2000. All provisions related to the Judicial Council were suppose to have been automatically repealed in 2003, by SB 994 of 2002 extended the filing requirements to 2008 and required another report in 2007 and SB 1179 of 2006 extended it again to 2012 with a report due in 2011.

SB 264 of 2011 seeks to end the nearly 15 years of involvement of the Judicial Council in skateboard parks. Instead, the records of injuries in  (and now, claims/lawsuits against) the skate parks would be  filed annually with the Assembly Committee on Judiciary and the Senate Committee on Judiciary.

SB 264, with amendments, was approved by the Senate Committee on Judiciary on May 2 and now goes to the Senate Committee on Appropriations.

Judicial Retirement Plans/Pensions 2011: Western States

California SB 503 Limits to one-time written election the option of a member of the The Judges’ Retirement System II to make contributions, and receive service credit for, all of the time he or she served as a full-time subordinate judicial officer, prior to becoming a judge, excluding any period of time for which the judge is receiving, or is entitled to receive, a retirement allowance from any other public retirement system. Authorizes the judge to make contributions to, and receive service credit for, any number of whole years or all of the time he or she served as a full-time subordinate judicial officer.

Hawaii HB 1038 Amends retirement benefits for judges and other state/county employees who become members of the employees’ retirement system after June 30, 2012. Modifies extent to which prior service as a judge may be applied to other retirement system(s) and calculation of years of service for retirement purposes.

Hawaii HB 1142 Amends retirement benefits for judges and other state/county employees who become members of the employees’ retirement system after June 30, 2012. Modifies extent to which prior service as a judge may be applied to other retirement system(s) and calculation of years of service for retirement purposes.

Hawaii SB 1265 Amends retirement benefits for judges and other state/county employees who become members of the employees’ retirement system after June 30, 2012. Modifies extent to which prior service as a judge may be applied to other retirement system(s) and calculation of years of service for retirement purposes.

Hawaii SB 1341 Amends retirement benefits for judges and other state/county employees who become members of the employees’ retirement system after June 30, 2012. Modifies extent to which prior service as a judge may be applied to other retirement system(s) and calculation of years of service for retirement purposes.

Michigan HB 4223 Requires Judges Retirement System invest at least 5% in Michigan businesses.

Michigan  HB 4484 Eliminates tax exemption for judicial pensions. Provides that distributions from employer contributions, earnings on those contributions, and distributions from employee contributions and earnings on those employee contributions would be subject to state tax, as of January 1, 2012. (Currently, they are exempt from state, county, municipal, or other local taxes.) Requires an employer to contribute four percent of salary to a participant’s Tier 2 (defined contribution system) account. Allows an employee to contribute up to three percent of salary to the account and requires the employer to match the amount contributed by the employee.

Minnesota HB 1256 & SB 813 Changes member contribution rates for judicial retirement system: 8% (present – July 2011), 11% (July 2011 onward). Changes employer contribution rates for judicial retirement system: 20.5% (present – July 2011), 17.5% (July 2011 onward).

Montana HB 70 Requires separate investment fund must be maintained for judges’ retirement system apart from any other retirement system.

Montana HB 608 Closes judicial and all other retirement systems and provide for annuity benefit program for judges elected after July 2012.

Nevada SB 436 Transfers the responsibility to deposit certain money for the purpose of paying pension benefits to justices of the Supreme Court or district judges from the State of Nevada to the Court Administrator.

New Mexico HB 58 ORIGINAL: Provides that certain amounts of the civil docket and jury fees be deposited into the General Fund. Provides contributions to judicial and magistrate retirement be provided from the General Fund. Increases contributions to judicial and magistrate retirement funds. AMENDED: Same, but strikes existing law that defines “judicial retirement fund” as including” docket and jury fees of metropolitan courts, district courts, the court of appeals and the supreme court.”

New Mexico HB 468 Makes numerous temporary and permanent changes to employee and employer contribution rates for those under Judicial Retirement Act and Magistrate Retirement Act plans.

New Mexico HB 628 Makes numerous temporary and permanent changes to employee and employer contribution rates for those under Judicial Retirement Act and Magistrate Retirement Act plans.

New Mexico SB 88 Makes numerous temporary and permanent changes to employee and employer contribution rates for those under Judicial Retirement Act and Magistrate Retirement Act plans.

New Mexico SB 248 Makes numerous temporary and permanent changes to employee and employer contribution rates for those under Judicial Retirement Act and Magistrate Retirement Act plans.

New Mexico SB 268 Makes numerous temporary and permanent changes to employee and employer contribution rates for those under Judicial Retirement Act and Magistrate Retirement Act pla

Special Edition on Court Funding

The American Bar Association Task Force on Preservation of the Justice System will be holding its inaugural meeting in Atlanta today. The task force is set to address “the severe underfunding of our justice system, depletion of resources, and the courts’ struggle to render their constitutional function and provide access to justice for countless Americans.

This special edition of Gavel to Gavel looks at just some of the ways state legislatures have proposed funding courts in the last several years.

The regular, weekly edition of Gavel to Gavel will appear Thursday.

Judicial Retirement Plans/Pensions: Western States

California AB 399 Requires, for the Judges’ Retirement System and the Judges’ Retirement System II, that calculations of retirement benefits and Extended Service Incentive Program benefits for any judge who voluntarily waives salary, as described above, include salary and contributions that would have been paid had the judge not done so, and that the state pay costs that result from the increased benefits and monetary credits. Signed into law by Governor 10/11/09.

California AB 590 Requires that a person who is retired under the Judges’ Retirement System who is again appointed or elected to serve as a judge reinstate from retirement and become a member of the system, as specified. Revises provisions governing the payment of accrued, unpaid allowances in both judges’ retirement systems to provide for their payment to either the estate of the deceased or the duly authorized representative of the estate when the court receives a court order appointing an executor, administrator, or personal representative. Provides if the estate does not require probate, the bill would also authorize the payment to be made to a successor trustee, or to a beneficiary of the deceased named in a valid will, as applicable. Signed into law by Governor 8/5/09.

Utah SB 130 Repeals allocation of certain small claims fees to the Judges’ Retirement Trust Fund. Signed into law by Governor 3/22/10.