BILL NUMBER: AB 715 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 16, 2014
AMENDED IN SENATE JUNE 25, 2013
AMENDED IN SENATE JUNE 24, 2013
AMENDED IN ASSEMBLY MAY 14, 2013
INTRODUCED BY Assembly Member Dickinson
FEBRUARY 21, 2013
An act to amend Section 755 of the Evidence Code,
relating to evidence. An 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.
LEGISLATIVE COUNSEL'S DIGEST
AB 715, as amended, Dickinson. Evidence: interpreters.
Sacramento Area Flood Control Agency: assessments.
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.
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.
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.
This bill would revise cross-references to and delete obsolete
provisions of law.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 755 of the Evidence Code is
amended to read:
755. (a) In an action or proceeding under Division 10 (commencing
with Section 6200) of the Family Code, and in an action or
proceeding under the Uniform Parentage Act (Part 3 (commencing with
Section 7600) of Division 12 of the Family Code) or for dissolution
or nullity of marriage or legal separation of the parties in which a
protective order has been granted or is being sought pursuant to
Section 6221 of the Family Code, in which a party does not
proficiently speak or understand the English language, and that party
is present, an interpreter, as provided in this section, 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. Notwithstanding this requirement, a court may issue an
ex parte order pursuant to Sections 2045 and 7710 of, and Article 1
(commencing with Section 6320) of Chapter 2 of Part 4 of Division 10
of the Family Code, without the presence of an interpreter. The
interpreter selected shall be certified pursuant to Article 4
(commencing with Section 68560) of Chapter 2 of Title 8 of the
Government Code, unless the court in its discretion appoints an
interpreter who is not certified.
(b) The fees of interpreters utilized under this section shall be
paid as provided in subdivision (b) of Section 68092 of the
Government Code. However, the fees of an interpreter shall be waived
for a party who needs an interpreter and appears in forma pauperis
pursuant to Article 6 (commencing with Section 68630) of the
Government Code.
(c) In any civil action in which an interpreter is required under
this section, the court shall not commence proceedings until the
appointed interpreter is present and situated near the party and his
or her attorney. However, this section shall not prohibit the court
from doing any of the following:
(1) Issuing an order when the necessity for the order outweighs
the necessity for an interpreter.
(2) Extending the duration of a previously issued temporary order
if an interpreter is not readily available.
(3) Issuing a permanent order where a party who requires an
interpreter fails to make appropriate arrangements for an interpreter
after receiving proper notice of the hearing with information about
obtaining an interpreter.
(d) This section does not prohibit the presence of any other
person to assist a party.
(e) A local public entity may, and the Judicial Council shall,
apply to the appropriate state agency that receives federal funds
authorized pursuant to the federal Violence Against Women Act (P.L.
103-322) for these federal funds or for funds from sources other than
the state to implement this section. A local public entity and the
Judicial Council shall comply with the requirements of this section
only to the extent that any of these funds are made available.
(f) The Judicial Council shall draft rules and modify forms
necessary to implement this section, including those for the petition
for a temporary restraining order and related forms, to inform both
parties of their right to an interpreter pursuant to this section.
SECTION 1. Section 119 is added to the Sacramento Area
Flood Control Agency Act (Chapter 510 of the Statutes of 1990),
immediately following Section 118, to read:
119. (a) For the purposes of this section, "change" includes
correct, alter, modify, add, omit, increase, decrease, extend, or any
other change.
(b) At any time the agency may change any of the following:
(1) The boundaries of an assessment district established pursuant
to this chapter.
(2) Any project identified in a report pursuant to Section 112.
(3) Any assessment levied pursuant to this chapter.
(4) Any act, determination, or provision by the agency or the
board with respect to any assessment district established pursuant to
this chapter.
(c) Proceedings for any change described in subdivision (b) shall
be initiated, conducted, and completed consistent with Article XIII D
of the California Constitution and the Proposition 218 Omnibus
Implementation Act (Article 4.6 (commencing with Section 53750) of
Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code)
and consistent with the procedures provided in this chapter for the
establishment of an assessment district, except as provided in
subdivisions (d) and (e).
(d) In proceedings to annex territory to an existing assessment
district, the resolutions, report, notices of hearing, right of
majority protest, and any election shall be limited to the territory
proposed to be annexed.
(e) In proceedings to detach area from an existing assessment
district or dissolve an existing assessment district, the agency may
dispense with the preparation and approval of the report required by
Section 112.
(f) The agency shall not undertake any change with respect to any
assessment district while bonds secured by the assessments levied in
that assessment district are outstanding unless the board determines
in the resolution of intention with respect to the change that the
change will not interfere with the timely retirement of the bonds.