Amended in Senate June 16, 2014

Amended in Senate June 25, 2013

Amended in Senate June 24, 2013

Amended in Assembly May 14, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 715


Introduced by Assembly Member Dickinson

February 21, 2013


begin deleteAn act to amend Section 755 of the Evidence Code, relating to evidence. end deletebegin insertAn act to add Section 119 to the Sacramento Area Flood Control Agency Act (Chapter 510 of the Statutes of 1990), relating to the Sacramento Area Flood Control Agency.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 715, as amended, Dickinson. begin delete Evidence: interpreters. end deletebegin insertSacramento Area Flood Control Agency: assessments.end insert

begin insert

Existing law, the Sacramento Area Flood Control Agency Act, makes legislative findings and declarations relating to the establishment and purposes of the Sacramento Area Flood Control Agency. The act provides that the membership, boundaries, purposes, and governance of the agency are to be as set forth in a specified joint exercise of powers agreement. The act grants to the agency the authority to impose assessments or special taxes, and issue bonds, to finance projects in accordance with specified laws.

end insert
begin insert

This bill would authorize the agency to change the boundaries of an assessment district, a project, an assessment, or an act, determination, or provision with respect to an assessment district in accordance with specified procedures. This bill would prohibit the agency from undertaking any change with respect to any assessment district while bonds secured by the assessments levied in that assessment district are outstanding unless the board of the agency determines in the resolution of intention with respect to the change that the change will not interfere with the timely retirement of the bonds.

end insert
begin delete

Existing law provides that in any action or proceeding under specified provisions of the Family Code relating to domestic violence, in which a party does not proficiently speak or understand the English language is present, an interpreter shall be present to interpret the proceedings in a language that the party understands, and to assist communication between the party and his or her attorney, except that a court may issue prescribed orders ex parte without an interpreter. Existing law specifies that the fees of these interpreters shall be paid by the parties, except that these fees shall be waived for parties who need an interpreter and appear in forma pauperis. Existing law also requires the Judicial Council to revise a specified court rule and related court forms accordingly.

end delete
begin delete

This bill would revise cross-references to and delete obsolete provisions of law.

end delete

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

begin delete
P2    1

SECTION 1.  

Section 755 of the Evidence Code is amended to
2read:

3

755.  

(a) In an action or proceeding under Division 10
4(commencing with Section 6200) of the Family Code, and in an
5action or proceeding under the Uniform Parentage Act (Part 3
6(commencing with Section 7600) of Division 12 of the Family
7Code) or for dissolution or nullity of marriage or legal separation
8of the parties in which a protective order has been granted or is
9being sought pursuant to Section 6221 of the Family Code, in
10which a party does not proficiently speak or understand the English
11language, and that party is present, an interpreter, as provided in
12this section, shall be present to interpret the proceedings in a
13language that the party understands, and to assist communication
14between the party and his or her attorney. Notwithstanding this
15requirement, a court may issue an ex parte order pursuant to
16Sections 2045 and 7710 of, and Article 1 (commencing with
P3    1Section 6320) of Chapter 2 of Part 4 of Division 10 of the Family
2Code, without the presence of an interpreter. The interpreter
3selected shall be certified pursuant to Article 4 (commencing with
4Section 68560) of Chapter 2 of Title 8 of the Government Code,
5unless the court in its discretion appoints an interpreter who is not
6certified.

7(b) The fees of interpreters utilized under this section shall be
8paid as provided in subdivision (b) of Section 68092 of the
9Government Code. However, the fees of an interpreter shall be
10waived for a party who needs an interpreter and appears in forma
11pauperis pursuant to Article 6 (commencing with Section 68630)
12of the Government Code.

13(c) In any civil action in which an interpreter is required under
14this section, the court shall not commence proceedings until the
15appointed interpreter is present and situated near the party and his
16or her attorney. However, this section shall not prohibit the court
17from doing any of the following:

18(1) Issuing an order when the necessity for the order outweighs
19the necessity for an interpreter.

20(2) Extending the duration of a previously issued temporary
21order if an interpreter is not readily available.

22(3) Issuing a permanent order where a party who requires an
23interpreter fails to make appropriate arrangements for an interpreter
24after receiving proper notice of the hearing with information about
25obtaining an interpreter.

26(d) This section does not prohibit the presence of any other
27person to assist a party.

28(e) A local public entity may, and the Judicial Council shall,
29apply to the appropriate state agency that receives federal funds
30authorized pursuant to the federal Violence Against Women Act
31(P.L. 103-322) for these federal funds or for funds from sources
32other than the state to implement this section. A local public entity
33and the Judicial Council shall comply with the requirements of
34this section only to the extent that any of these funds are made
35available.

36(f) The Judicial Council shall draft rules and modify forms
37necessary to implement this section, including those for the petition
38for a temporary restraining order and related forms, to inform both
39parties of their right to an interpreter pursuant to this section.

end delete
begin insertP4    1

begin insertSECTION 1.end insert  

Section 119 is added to the Sacramento Area Flood
2Control Agency Act
(Chapter 510 of the Statutes of 1990), 3immediately following Section 118, to read:

4

begin insert119.end insert  

(a) For the purposes of this section, “change” includes
5correct, alter, modify, add, omit, increase, decrease, extend, or
6any other change.

7(b) At any time the agency may change any of the following:

8(1) The boundaries of an assessment district established
9pursuant to this chapter.

10(2) Any project identified in a report pursuant to Section 112.

11(3) Any assessment levied pursuant to this chapter.

12(4) Any act, determination, or provision by the agency or the
13board with respect to any assessment district established pursuant
14to this chapter.

15(c) Proceedings for any change described in subdivision (b)
16shall be initiated, conducted, and completed consistent with Article
17XIII D of the California Constitution and the Proposition 218
18Omnibus Implementation Act (Article 4.6 (commencing with
19Section 53750) of Chapter 4 of Part 1 of Division 2 of Title 5 of
20the Government Code) and consistent with the procedures provided
21in this chapter for the establishment of an assessment district,
22except as provided in subdivisions (d) and (e).

23(d) In proceedings to annex territory to an existing assessment
24district, the resolutions, report, notices of hearing, right of majority
25protest, and any election shall be limited to the territory proposed
26to be annexed.

27(e) In proceedings to detach area from an existing assessment
28district or dissolve an existing assessment district, the agency may
29dispense with the preparation and approval of the report required
30by Section 112.

31(f) The agency shall not undertake any change with respect to
32any assessment district while bonds secured by the assessments
33levied in that assessment district are outstanding unless the board
34determines in the resolution of intention with respect to the change
35that the change will not interfere with the timely retirement of the
36bonds.

end insert


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