BILL ANALYSIS Ó
AB 1519
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ASSEMBLY THIRD READING
AB
1519 (Committee on Judiciary)
As Introduced March 10, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
|----------------+------+---------------------+---------------------|
|Judiciary |10-0 |Mark Stone, Wagner, | |
| | |Alejo, Chau, Chiu, | |
| | |Gallagher, Cristina | |
| | |Garcia, Holden, | |
| | |Maienschein, | |
| | |O'Donnell | |
| | | | |
|----------------+------+---------------------+---------------------|
|Appropriations |17-0 |Gomez, Bigelow, | |
| | |Bonta, Calderon, | |
| | |Chang, Daly, Eggman, | |
| | |Gallagher, | |
| | | | |
| | | | |
| | |Eduardo Garcia, | |
| | |Gordon, Holden, | |
| | |Jones, Quirk, | |
| | |Rendon, Wagner, | |
| | |Weber, Wood | |
| | | | |
| | | | |
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AB 1519
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SUMMARY: Seeks to improve the handling of family and juvenile law
cases in our courts. Specifically, this bill:
1)In a legal separation proceeding, requires the petitioner to
serve the other party with the required preliminary declaration
of disclosure either concurrently with the petition for
dissolution, or within 60 days of filing the petition. Requires
the respondent to serve the other party with the preliminary
declaration of disclosure either concurrently with the response
to the petition, or within 60 days of filing the response.
Allows the time periods to be extended by written agreement of
the parties or by court order.
2)Provides that the Department of Child Support Services (DCSS)
has no obligation, when electronically depositing a child
support recipient's support into an account of the recipient's
choice, to determine whether the account meets specified
qualifications.
3)Ratifies the authority of the Judicial Council to convert 10
subordinate judicial officer (SJOs) positions to judgeships in
2015 to 2016, provided the conversion of these positions will
result in judges being assigned to family or juvenile law
assignments previously presided over by a subordinate judicial
officer. Provides that this authority is in addition to the
existing authority provided to convert 16 SJOs to judges.
EXISTING LAW:
1)In order to provide full and accurate disclosure of all assets
and liabilities in which one or both parties may have an
interest, requires each party to a dissolution or legal
separation proceeding to serve the other party with a
preliminary declaration of disclosure and a final declaration of
disclosure, as provided.
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2)In a dissolution proceeding, requires the petitioner to serve
the other party with the preliminary declaration of disclosure
either concurrently with the petition for dissolution, or within
60 days of filing the petition. Requires the respondent to
serve the other party with the preliminary declaration of
disclosure either concurrently with the response to the
petition, or within 60 days of filing the response. Allows the
time periods to be extended by written agreement of the parties
or by court order.
3)Existing federal law, the Electronic Funds Transfer Act,
provides a basic framework establishing the rights, liabilities,
and responsibilities of participants in electronic fund and
remittance transfer systems.
4)Requires that child support payments, deposited directly into an
account of the recipient's choice, only be deposited into a
"qualifying account," defined as a) a demand deposit or savings
account at an insured financial institution in the name of the
person entitled to the child support, or b) a prepaid card
account that meets specified criteria, including that the
account is held at an insured financial institution, not
attached to any credit or overdraft feature that is
automatically repaid from the account, and the issuer provides
the holder with specified consumer protections.
5)Prohibits entities which do not comply with the qualifying
provisions in 4) above, from accepting or facilitating the
direct deposits of child support payments. Exempts DCSS from
liability for authorizing a direct deposit of child support
payments into an account that is not "qualifying."
6)Requires that unemployment compensation benefit payments
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deposited into an account or prepaid card account of the
recipient's choice must be deposited into a "qualifying
account," as defined. Provides that the Employment Development
Department (EDD) has no obligation to determine whether the
account is a "qualifying account." Exempts EDD from liability
for authorizing a direct deposit into a prepaid card account
that is not "qualifying."
7)Requires that public assistance payments, as defined, deposited
into an account or prepaid card account of the recipient's
choice must be deposited into a "qualifying account," as
defined. Provides that the county treasurer has no obligation
to determine whether the account is a "qualifying account."
Exempts the county treasurer and the county welfare department
from liability for authorizing a direct deposit into an account
that is not "qualifying."
8)Provides that the Legislature shall prescribe the number of
judges and provide for the officers and employees of each
superior court. Provides that the Legislature may allow the
trial courts to appoint officers such as commissioners to
perform subordinate judicial duties.
9)Authorizes the courts to appoint subordinate judicial officers,
and sets forth their duties and titles.
10)Authorizes the conversion of 16 SJO positions in eligible
superior courts to judgeships each fiscal year as specified.
Authorizes the Judicial Council to convert up to an additional
10 SJOs to judgeships each year, upon vacancy and subsequent
legislative authorization, if the conversion of these additional
positions will result in judges being assigned to family or
juvenile law assignments previously presided over by subordinate
judicial officers, but requires that such authority be ratified
by the Legislature by statutory enactment.
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FISCAL EFFECT: According to the Assembly Appropriations analysis,
annual costs of up to $300,000 for conversion of up to 10 SJOs to
judgeships. For each conversion of an SJO position to a
judgeship, the additional annual cost, based on salary differences
between the two positions, is approximately $27,000. The Judicial
Council indicates that these additional costs will be funded
through a reallocation of monies in the Trial Court Trust Fund.
COMMENTS: This Judiciary Committee bill makes three
non-controversial changes to family law. First, it clarifies
that, in a legal separation proceeding, preliminary disclosure
declarations must be served on the other party within the
timeframe required in dissolution proceedings. Second, it
clarifies the duty of the Department of Child Support Services
with respect to prepaid card accounts, consistent with the duty of
the EDD issuing unemployment compensation benefits and county
treasurers issuing public benefit payments. Finally, as required
by statute, this bill ratifies the Judicial Council's authority to
convert 10 SJOs to judgeships in the next year, provided those
judges replace SJOs in family or juvenile law cases. This last
provision seeks to improve family and juvenile law cases by
increasing the likelihood that these matters are presided over by
more directly accountable judges.
Analysis Prepared by:
Leora Gershenzon / JUD. / (916) 319-2334 FN:
0000561
AB 1519
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