BILL ANALYSIS SB 556 Page 1 Date of Hearing: July 15, 2009 ASSEMBLY COMMITTEE ON APPROPRIATIONS Kevin De Leon, Chair SB 556 (Judiciary Committee) - As Amended: July 7, 2009 Policy Committee: JudiciaryVote:9-0 Urgency: No State Mandated Local Program: No Reimbursable: SUMMARY This bill makes the following modifications to court operations: 1)Clarifies that all post-judgment motions in small claims court are subject to the same fees that apply in post-judgment motions in general civil cases. 2)Authorizes a court to order that the cost of a court investigator's review and report-regarding a proposed transaction involving community property assets of a spouse lacking sufficient mental capacity-be paid out of the proceeds of those assets, if the court determines this will not create a hardship. 3)Adds bail to the list of unpaid debt that can be referred to the Franchise Tax Board (FTB) for collection. FISCAL EFFECT 1)Likely minor increase in small claims court fee revenue and minor court savings from recovery of court investigator costs. 2)Any additional costs for FTB to collect unpaid bail amounts will be paid from the amounts recovered. COMMENTS This bill, sponsored by the Judicial Council, makes three technical and clarifying changes to improve court operations. 1)Clarification of Small Claims Court Fees . The Small Claims Act states that judgments may be enforced like all other SB 556 Page 2 judgments, but then specifies that the court may collect fees for issuance of a writ of execution, abstract of judgment, and application for an order of examination of a judgment debtor. Other post-judgment enforcement proceedings, such as a claim of exemption for which fees are charged statewide in general civil actions, are not specifically mentioned for small claims proceedings. As a result of this ambiguity, court practices regarding small claims fees diverge across the state. This bill clarifies that courts should charge small claims litigants all fees associated with the enforcement of judgments, as is done in general civil actions. 2)Recovery of Court Investigator Costs . When one or both spouses lack legal capacity, a court may still authorize a transaction involving community property. In this case, the court may, in its discretion, appoint an investigator to review the proposed transaction and report to the court regarding its advisability. This bill allows the court to order the cost of the review and report by the investigator to be paid out of the proceeds of the transaction or otherwise as the court may direct. 3)Collection of Unpaid Bail : To assist in the collection of court-ordered debt, the courts use two Franchise Tax Board (FTB) collection programs: The Tax Intercept Program collects debt by intercepting state tax refunds and the Court-Ordered Debt Program collects debt by sweeping bank accounts and lottery winnings. Under current law, courts have explicit authority to seek collection of unpaid bail amounts through the Tax Intercept Program, but there is no such explicitly authority to use the Court-Ordered Debt Program to collect unpaid bail. This bill explicitly authorizes the courts to send unpaid bail amounts to either FTB collection program. Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081