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