BILL ANALYSIS SB 556 Page 1 SENATE THIRD READING SB 556 (Judiciary Committee) As Amended July 7, 2009 Majority vote SENATE VOTE :37-0 JUDICIARY 9-0 APPROPRIATIONS 16-0 ----------------------------------------------------------------- |Ayes:|Feuer, Tran, Brownley, |Ayes:|De Leon, Nielsen, | | |Evans, Jones, Krekorian, | |Ammiano, | | |Lieu, Monning, Silva | |Charles Calderon, Coto, | | | | |Davis, Duvall, Fuentes, | | | | |Hall, Harkey, Miller, | | | | |John A. Perez, Skinner, | | | | |Solorio, Audra | | | | |Strickland, Torlakson | |-----+--------------------------+-----+--------------------------| | | | | | ----------------------------------------------------------------- SUMMARY : Makes several clarifications with respect to court operations. Specifically, this bill : 1)Clarifies that the clerk of the court must charge and collect all small claims fees for enforcement of judgments, as provided. 2)When court approval is sought to authorize a proposed transaction involving community property where one or both spouses lack legal capacity, limits the authority of the court to appoint a court investigator to review the proposed transaction to only when such appointment is necessary. Authorizes the court to order the cost of the review and report by the investigator to be paid for out of the proceeds of the transaction or otherwise as the court may direct, if the court determines that such payment would not cause a hardship. 3)Adds bail to the list of unpaid debt permitted to be referred to the Franchise Tax Board (FTB) for collection. EXISTING LAW : 1)Provides that a small claims court judgment may be enforced as provided in the Enforcement of Judgments Law, which applies to all civil judgments, as specified. Requires the clerk to collect SB 556 Page 2 specified small claims fees. 2)Establishes a procedure by which a court may authorize a proposed transaction involving community property where one or both spouses lack legal capacity. Requires a conservator served pursuant to specified provisions to appear at a hearing and represent a spouse alleged to lack legal capacity for the proposed transaction. Authorizes the court, in its discretion, to appoint an investigator to review the proposed transaction and report to the court regarding its advisability. 3)Provides that fines, state or local penalties, forfeitures, restitution orders, or any other amounts imposed by a superior court upon a person or any other entity that are due and payable in an amount totaling no less than $100, in the aggregate, for criminal offenses, may, no sooner than 90 days after payment of that amount becomes delinquent, be referred by the court, the county, or the state to the FTB for collection. FISCAL EFFECT : According to the Assembly Appropriations analysis: 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 non-controversial bill, sponsored by the Judicial Council, makes three technical and clarifying changes to improve court operations. The Small Claims Act states that judgments may be enforced like all other 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. This clarification will ensure uniformity across the state. The identical post-judgment fee provision was included in AB 1873 SB 556 Page 3 (Lieu, 2008), which was vetoed for other reasons. 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 provides that a court may only appoint an investigator when the court deems that such an investigation is necessary. The bill also 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. However, in order to ensure that the spouses will not be harmed by such charges, the bill rightly provides that the court may only order the payment if the court determines that the payment would not cause a hardship to anyone. To assist in the collection of court-ordered debt, the courts use two FTB collection programs use: 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. There does not appear to be any reason for this disparate treatment. This bill explicitly authorizes the courts to send unpaid bail amounts to either FTB collection program. AB 1389 (Committee on Budget) Chapter 751, Statutes of 2008 explicitly authorized the courts to send unpaid bail amounts to either FTB collection program. AB 1389 was enacted into law, but it was inadvertently chaptered out by the subsequent enactment of AB 2928 (Spitzer) Chapter 752, Statutes of 2008. Since AB 1389 was an urgency statute that took effect immediately upon the Governor's signature and AB 2928 did not take effect until January 1, 2009, the FTB collection clarification was in effect from September 30 to December 31, 2008. This bill would fix the inadvertent chaptering out. Analysis Prepared by : Leora Gershenzon / JUD. / (916) 319-2334 FN: 0001946