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)                                  
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           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  








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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)                                  
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          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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