BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 2767| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ CONSENT Bill No: AB 2767 Author: Assembly Judiciary Committee Amended: 6/15/10 in Senate Vote: 21 SENATE JUDICIARY COMMITTEE : 5-0, 6/10/10 AYES: Corbett, Harman, Hancock, Leno, Walters SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 ASSEMBLY FLOOR : 70-0, 5/17/10 - See last page for vote SUBJECT : Civil law: omnibus bill SOURCE : Business Law Section of the State Bar California Law Revision Commission California Teamsters Union Executive Committee of the Family Law Section of the State Bar Judicial Council DIGEST : This bill enacts assorted changes in various provisions of law. Specifically, those assorted changes, among other things, correct a drafting error relating to a Judicial Council report on homestead exemptions; clarify the treatment of unclaimed restitution money by a court; correct a drafting error relating to nonprofit religious corporations; clarify the ability to copy paternity files under certain circumstances; and make various changes CONTINUED AB 2767 Page 2 necessitated by trial court restructuring. ANALYSIS : This bill is the Assembly Judiciary's Committee omnibus bill. To be considered for inclusion, each provision must be non-controversial and not be so substantive as to be more appropriate for a stand-alone bill. If a non-controversial provision later becomes controversial, that provision will be removed from the bill. Existing law requires the Legislature to protect, by law, a certain portion of the homestead and other property from forced sale. (Section 1.5 of Article XX of the California Constitution) Existing law contains both an automatic and a declared homestead exemption that serves to protect a portion of equity in a debtor's home from creditors. (Sections 704.710 et seq. and 704.910 et seq. of the Code of Civil Procedure [CCP]) Existing law sets the amount of the homestead exemption as follows: $75,000, unless the judgment debtor or spouse of the judgment debtor who resides in the homestead is a person described below; $100,000 if the judgment debtor or spouse of the judgment debtor who resides in the homestead at the time of sale is a member of the family unit, and there is at least one member of the family unit who owns no interest in the homestead or whose only interest in the homestead is a community property interest with the judgment debtor; or $175,000 if the judgment debtor or spouse of the judgment debtor who resides in the homestead at the time of sale is either (1) a person 65 years of age or older, (2) a person physically or mentally disabled and as a result of that disability is unable to engage in substantial gainful employment, as specified, or (3) a person 55 years of age or older with a limited gross annual income, as specified. (CCP Section 704.730) Existing law requires the Judicial Council, on April 1, 2010, and at each three-year interval ending on April 1 CONTINUED AB 2767 Page 3 thereafter, to submit to the Legislature the amount by which the dollar amounts of the above homestead exemptions may be increased based upon the change in the annual California Consumer Price Index for All Urban Consumers, for the most recent three-year period, as specified. Those increases shall not take effect unless they are approved by the Legislature. (CCP Section 703.150) This bill, instead, requires the Judicial Council to submit those amounts by April 1, 2013, and at each three-year interval ending on April 1 thereafter. Existing law states that any money, excluding restitution to victims, that has been deposited with a superior court, or that a superior court is holding in trust, in a court bank or trust account, that remains unclaimed for three years shall become the property of the superior court if, after published notice, the money is not claimed or no verified compliant is filed and served. (Section 68084.1 of the Government Code) This bill provides that any money representing restitution collected on behalf of victims that remains unclaimed for three years shall be deposited into either the State Restitution Fund for the purpose of providing victim services or into the general fund of a county that administers a victim services program for the provision of victim services. Existing law provides that a paternity hearing or trial may be held in closed court, and that all papers and records, other than the final judgment, are subject to inspection only in exceptional cases upon an order of the court for good cause shown. (Section 7643(a) of the Family Code) Existing law provides that papers and records pertaining to the action that are part of the permanent record are subject to inspection by the parties to the action, their attorneys, and by agents acting pursuant to written authorization. An attorney must obtain consent prior to authorizing an agent to inspect the permanent record, as specified. (Section 7643(b) of the Family Code) This bill clarifies that inspection pursuant to the above CONTINUED AB 2767 Page 4 provisions includes copying. Existing law provides that where the appellate division of the superior court grants a writ of review directed to the superior court, the superior court is an inferior tribunal, as specified. (CCP Sections 1085 and 1103) This bill replaces "writ of review" with "writ of mandate" in Section 1085, and "writ of prohibition" in Section 1103. Existing law provides that any number of offices of a nonprofit religious corporation may be held by the same person unless the articles or bylaws provide otherwise, except that the secretary, the treasurer, or the chief financial officer may serve concurrently as the president or chair of the board. (Section 9213 of the Corporations Code) This bill clarifies that the secretary, treasurer, or chief financial officer may not serve concurrently as the president or chair of the board. Existing law specifies how interpreters' and translators' fees shall be paid in criminal, coroners', and civil cases. (Section 68092 of the Government Code [GOV]) This bill makes technical, clarifying changes, including moving fees for coroners' cases to a standalone section. Existing law provides for the deposit of moneys, including bail, coming into possession of a judge or officer of a court and deposited in a bank account by the court, as provided. (GOV Sections 53647.5 and 53679) This bill makes technical, clarifying changes to these provisions. Existing law defines subordinate judicial officer as an officer appointed to perform subordinate judicial duties, as authorized, including, but not limited to, a court commissioner, probate commissioner, referee, traffic referee, and juvenile referee. (GOV Section 71601) CONTINUED AB 2767 Page 5 This bill adds child support commissioner and juvenile hearing officer to the definition of subordinate judicial officer and makes another technical, clarifying change to the definition. Existing law authorizes the Commission on Peace Officer Standards and Training to amend rules establishing minimum standards relating to physical, mental, and moral fitness that govern the recruitment of various law enforcement officers. (Section 13510 of the Penal Code) This bill makes technical, clarifying changes to those provisions. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No SUPPORT : (Verified 6/29/10) Business Law Section of the State Bar (co-source) California Law Revision Commission (co-source) California Teamsters Union (co-source) Executive Committee of the Family Law Section of the State Bar (co-source) Judicial Council (co-source) ASSEMBLY FLOOR : AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill Berryhill, Blakeslee, Block, Blumenfield, Bradford, Brownley, Buchanan, Carter, Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore, Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes, Fuller, Gaines, Galgiani, Garrick, Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight, Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande, Niello, Nielsen, V. Manuel Perez, Portantino, Ruskin, Salas, Saldana, Skinner, Smyth, Solorio, Audra Strickland, Swanson, Torres, Torrico, Tran, Villines, John A. Perez NO VOTE RECORDED: Bass, Tom Berryhill, Caballero, Charles Calderon, Furutani, Norby, Silva, Torlakson, Yamada, Vacancy CONTINUED AB 2767 Page 6 RJG:mw 6/29/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED