BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1519|
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THIRD READING
Bill No: AB 1519
Author: Committee on Judiciary
Amended: 6/15/15 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE: 7-0, 7/14/15
AYES: Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning,
Wieckowski
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/27/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
ASSEMBLY FLOOR: 80-0, 6/1/15 - See last page for vote
SUBJECT: Judiciary omnibus: family support
SOURCE: Author
DIGEST: This bill makes various changes to the Family Code,
including: (1) providing 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; (2) allowing, effective
July 1, 2016, a local child support agency to electronically
file pleadings, as specified; (3) clarifying 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; and (4)
ratifying the authority of the Judicial Council to convert 10
subordinate judicial officer (SJO) positions to judgeships in
the 2015-16 fiscal year, as specified.
AB 1519
Page 2
ANALYSIS:
Existing law:
1)Provides that parties to a dissolution or legal separation
must serve on the other party a preliminary declaration of
disclosure of all assets and liabilities in which one or both
parties may have an interest. (Fam. Code Sec. 2103.)
2)Provides that the preliminary declaration of disclosure of
assets must be served within 60 days or concurrently with
service of the petition for dissolution of marriage of the
parties, and must be signed under penalty of perjury. (Fam.
Code Sec. 2104.)
3)Provides, under the Federal Electronic Funds Transfer Act, a
basic framework establishing the rights, liabilities, and
responsibilities of participants in electronic fund and
remittance transfer systems. (15 U.S.C. Sec. 1693 et seq.)
4)Requires that if child support payments are deposited directly
into an account of the recipient's choice, the funds only be
deposited into a "qualifying account" defined as a demand
deposit or savings account at an insured financial institution
in the name of the person entitled to the receipt of child
support payments, or a prepaid card account that meets
specific criteria.
5)Provides that the Legislature shall prescribe the number of
judges and provide for the officers and employees of each
superior court. States that the Legislature may provide for
the trial courts to appoint officers such as commissioners to
perform subordinate judicial duties. (Cal. Const., Art. VI,
Secs. 4, 22.)
AB 1519
Page 3
6)Authorizes the courts to appoint SJOs, and sets forth their
duties and titles. (Gov. Code Sec. 71622.)
7)Authorizes the conversion of 16 subordinate judicial officer
positions in eligible superior courts to judgeships each
fiscal year as specified. Further 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 a judge being assigned to a family or juvenile
law assignment previously presided over by an SJO, but
requires that such authority be ratified by the Legislature by
statutory enactment. (Gov. Code Secs. 69615-16.)
This bill:
1)Clarifies that the preliminary declaration of disclosure of
assets must be served within 60 days or concurrently with
service of the petition for legal separation.
2)Provides that DCSS has no obligation to determine whether an
account meets the specified criteria of a qualifying account.
3)Ratifies the authority of the Judicial Council to convert 10
SJOs to judgeships in 2014-2015, provided the conversion of
these positions will result in judges being assigned to family
or juvenile law assignments previously presided over by an
SJO, and provides that this authority is in addition to the
existing authority provided to convert 16 SJOs to judges.
Background
AB 1519, sponsored by the Assembly Committee on Judiciary,
seeking to improve the handling of family law cases in the
courts, makes four clarifying and/or technical changes to family
law.
AB 1519
Page 4
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
According to the Senate Appropriations Committee:
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.
Minor, absorbable impact to DCSS.
*Trial Court Trust Fund
SUPPORT: (Verified8/28/15)
Executive Committee of the Family Law Section of the State Bar
Judicial Council of California
OPPOSITION: (Verified8/28/15)
None received
ARGUMENTS IN SUPPORT: The author writes:
This Committee bill makes 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
AB 1519
Page 5
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, the 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.
ASSEMBLY FLOOR: 80-0, 6/1/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,
Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,
Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina
Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,
Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,
Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,
Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,
Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,
Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez,
Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,
Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
Prepared by:Nichole Rapier / JUD. / (916) 651-4113
8/31/15 12:48:01
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