BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 1519 (Committee on Judiciary) - Judiciary omnibus: family
support
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|Version: June 15, 2015 |Policy Vote: JUD. 7 - 0 |
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|Urgency: No |Mandate: No |
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|Hearing Date: August 17, 2015 |Consultant: Jolie Onodera |
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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)
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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.
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