BILL ANALYSIS                                                                                                                                                                                                    



                                                                 SB 556
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         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
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           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  







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         (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