BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 1519 (Committee on Judiciary) - Judiciary omnibus: family support ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: June 15, 2015 |Policy Vote: JUD. 7 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 17, 2015 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: AB 1519, the annual judiciary omnibus bill, would make technical and clarifying changes to the Family Code, as well as authorize the Judicial Council to convert 10 subordinate judicial officers (SJOs) to judgeships in the 2015-16 fiscal year if the conversion would result in a judge being assigned to a family law or juvenile law assignment, as specified. Fiscal Impact: Annual costs of about $300,000 (General Fund*) for the conversion of 10 SJOs to judgeships, based on the salary and benefit differential of the two positions. The Judicial Council has indicated these costs will be funded through the reallocation of funds in the Trial Court Trust Fund. Minor, absorbable one-time costs for the Judicial Council to develop rules to enable local child support agencies to electronically file pleadings. AB 1519 (Committee on Judiciary) Page 1 of ? Minor, absorbable impact to the Department of Child Support Services. *Trial Court Trust Fund Background: Existing law authorizes the conversion of 162 SJO positions in eligible courts to judgeships, upon vacancy, not to exceed 16 conversions each fiscal year. Additionally, Chapter 690/2010 authorizes the Judicial Council to convert up to an additional 10 SJO positions to judgeships each year, upon vacancy, to eligible courts if the conversion of the positions would result in the judge being assigned to a family law or juvenile law assignment previously presided over by an SJO. Existing law requires the conversion of the 10 additional SJO positions to be ratified by the Legislature through legislation other than the annual Budget Act. This was accomplished most recently through AB 2745 (Committee on Judiciary) Chapter 311/2014, which authorized the Judicial Council to convert up to 10 SJOs to judgeships in 2014-15. This bill would provide the ratification by the Legislature necessary for conversion of 10 SJO positions to judgeships in 2015-16. Proposed Law: This bill would do the following: Provide that the Department of Child Support Services (DCSS) has no obligation to determine whether an account at the financial institution of the recipient's choice is a qualifying account, as defined. Effective July 1, 2016, allow a local child support agency to electronically file pleadings, as specified. Clarify that a petitioner is required to serve the preliminary declaration of disclosure either concurrently with the petition for legal separation or within 60 days of filing the petition or response. Authorize the Judicial Council to convert 10 subordinate judicial officers (SJOs) to judgeships in the 2015-16 fiscal year if the conversion would result in a judge being assigned to a family law or juvenile law assignment, as specified. Related AB 1519 (Committee on Judiciary) Page 2 of ? Legislation: SB 229 (Roth) 2015 would appropriate $10 million from the General Fund to establish six new superior court judgeships and associated support staff. This bill is pending on the Suspense File of the Assembly Committee on Appropriations. Prior Legislation: SB 1190 (Jackson) 2014 would have authorized an additional 50 judges, funded a prior set of 50 judges, and increased the number of justices from seven to nine in the Fourth Appellate District Court of Appeal. This bill was held on the Suspense File of this Committee. AB 2745 (Committee on Judiciary) Chapter 311/2014 ratified the authority of the Judicial Council to convert 10 SJOs to judgeships in 2014-15. This bill also authorized the Judicial Council to increase the procedures for family centered case resolution and updated the references to the uniform criteria used by the Judicial Council to allocate additional judges. AB 1403 (Committee on Judiciary) Chapter 510/2013 ratified the authority of the Judicial Council to convert 10 SJOs to judgeships in 2013-14. SB 405 (Corbett) Chapter 705/2011 ratified the authority of the Judicial Council to convert 10 SJOs to judgeships in 2011-12. AB 2763 (Committee on Judiciary) Chapter 690/2010 authorized the Judicial Council to convert up to an additional 10 SJOs to judgeships each year, if the conversion of these positions will result in a judge being assigned to a family or juvenile law assignment previously presided over by an SJO. AB 159 (Jones) Chapter 722/2007 permitted upon legislative authorization, the conversion of up to 162 existing subordinate SJO positions to judgeships in eligible superior courts upon a vacancy of an SJO position, provided that no more than 16 subordinate judicial officer positions may be converted in any calendar year. Staff Comments: Existing law authorizes the conversion of 162 SJO positions in eligible courts to judgeships, upon vacancy, not to exceed 16 conversions each fiscal year. Additionally, Chapter 690/2010 authorizes the Judicial Council to convert up to an additional 10 SJO positions to judgeships each year, upon AB 1519 (Committee on Judiciary) Page 3 of ? vacancy, to eligible courts if the conversion of the positions would result in the judge being assigned to a family or juvenile law assignment previously presided over by an SJO. Existing law requires the conversion of the 10 additional SJO positions to be ratified by the Legislature by legislation other than the annual Budget Act. This bill would ratify the Judicial Council's authority to convert 10 SJO positions, as specified, for the 2015-16 fiscal year. The provisions of this bill do not increase the 162 total conversions authorized under existing law. This bill will authorize an additional 10 SJO positions to be converted to judgeships, upon vacancy, authorizing more family and juvenile law cases to be heard by judges. The annual cost difference (salary and benefits) between an SJO and judgeship position is approximately $30,000 (General Fund). By allowing up to 10 new conversions, this bill could result in annual state costs of about $300,000. The Judicial Council has indicated the increased cost will be funded through a reallocation of funds in the Trial Court Trust Fund. The DCSS has indicated the revisions to the Family Code would not result in any significant impact to child support operations. -- END --