BILL ANALYSIS Ó
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UNFINISHED BUSINESS
Bill No: SB 647
Author: Senate Judiciary Committee
Amended: 8/22/11
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-0, 5/3/11
AYES: Evans, Harman, Blakeslee, Corbett, Leno
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 38-0, 5/27/11 (Consent)
AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon,
Cannella, Corbett, Correa, De León, DeSaulnier, Dutton,
Evans, Fuller, Gaines, Hancock, Harman, Hernandez, Huff,
Kehoe, La Malfa, Leno, Lieu, Liu, Lowenthal, Negrete
McLeod, Padilla, Pavley, Price, Rubio, Runner, Steinberg,
Strickland, Vargas, Walters, Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Emmerson, Simitian
ASSEMBLY FLOOR : 78-0, 8/25/11(Consent) - See last page for
vote
SUBJECT : Civil law: omnibus bill
SOURCE : California Law Revision Commission
Executive Committee of the Trusts & Estates
Section of the State Bar of California
Judicial Council of California
Los Angeles County Sheriffs Department
San Francisco City Attorneys Office
State Humane Association of California
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DIGEST : This is the annual omnibus bill of the Senate
Judiciary Committee. 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.
Assembly Amendments (1) add double-jointing language, and
(2) make technical and conforming changes.
ANALYSIS : Existing law, the Small Claims Act, governs
the procedures in small claims court. The Act provides
that the judgment of the superior court of a small claims
appeal is final, and specifies the procedures for the
enforcement of judgments.
Existing law provides that a deposit account or
safe-deposit account standing in the name of a person other
than a judgment debtor is not subject to levy unless
authorized by the court.
This bill makes technical changes to those provisions and
would delete erroneous cross-references.
Existing law establishes a process for obtaining a subpoena
in connection with an out-of-state proceeding.
This bill requires additional information to be included in
specified documents filed pursuant to those provisions.
Existing law requires a humane society or a society for the
prevention of cruelty to animals seeking confirmation of a
humane officer's appointment to file with the superior
court in which the principal office of the humane society
is located a Petition for Order Confirming Appointment of a
Humane Officer. Before filing that petition, the
organization is required to serve a copy of the petition on
specified parties, including the local police and sheriff's
departments.
This bill instead requires the serving of the petition to
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occur upon filing of the petition. This bill also requires
the petition to be served on an animal control agency
having jurisdiction in the city in which the principal
office of the appointing society is located.
Existing law prescribes the manner in which a specified
notice, claim, amendment to a claim, or application to a
public entity for leave to present a late claim is to be
sent by mail. Existing law extends any period of notice
and any duty to respond upon service by mail, as specified.
This bill specifies that the extension does not apply to a
written notice set forth in a specified provision of law or
the filing of a complaint after denial of a claim.
Under existing law, if a decedent has not otherwise given
directions, the right to control the disposition of the
remains of the deceased person vests in listed persons in a
specified order.
This bill includes in that list a conservator of the person
or estate appointed in accordance with specified provisions
when the decedent has sufficient assets.
Existing law imposes restrictions upon a person's or
beneficiary's entitlement to the estate of a decedent who
was an elder or dependent adult, if the person or
beneficiary has committed certain acts against the
decedent, including, but not limited to, physical abuse,
neglect, or financial abuse.
This bill makes technical, nonsubstantive changes to those
provisions.
Existing law establishes the procedure for the issuance and
service of a summons, and authorizes a plaintiff to have a
clerk issue one or more summons for any defendant.
This bill provides that the provisions that authorize a
clerk to issue a summons are applicable when a person files
an objection to the probate of a will.
Existing law authorizes delinquent fines, state or local
penalties, forfeitures, restitution fines and orders, and
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any other amounts imposed by a superior court upon a person
or entity for criminal offenses, that total at least $100
in the aggregate, to be referred by the court, county, or
state to the Franchise Tax Board for collection, as
specified.
This bill additionally allows specified legal costs
relating to an order of a juvenile court to be referred to
the Franchise Tax Board for collection.
Existing law requires the Judicial Council to adopt
policies and procedures allowing a court to recover from
the money collected the costs associated with collecting
delinquent reimbursements.
This bill instead requires the Judicial Council to adopt
policies and procedures allowing a court to recover from
the money collected the costs associated with implementing
the reimbursements program.
This bill is double-jointed with AB 905 (Pan).
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/25/11)
California Law Revision Commission (co-source)
Executive Committee of the Trusts & Estates Section of the
State Bar of California (co-source)
Judicial Council of California (co-source)
Los Angeles County Sheriff's Department (co-source)
San Francisco City Attorney's Office (co-source)
State Humane Association of California (co-source)
ASSEMBLY FLOOR : 78-0, 8/25/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bradford, Brownley,
Buchanan, Butler, Charles Calderon, Campos, Carter,
Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove,
Hagman, Halderman, Hall, Harkey, Hayashi, Roger
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Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor,
Mendoza, Miller, Mitchell, Monning, Morrell, Nestande,
Nielsen, Norby, Olsen, Pan, Perea, V. Manuel Pérez,
Portantino, Silva, Skinner, Smyth, Solorio, Swanson,
Torres, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. Pérez
NO VOTE RECORDED: Bonilla, Gorell
RJG:mw 8/26/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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