BILL ANALYSIS Ó
AB 1519
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CONCURRENCE IN SENATE AMENDMENTS
AB
1519 (Committee on Judiciary)
As Amended September 1, 2015
Majority vote
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|ASSEMBLY: |80-0 |(June 1, 2015) |SENATE: |40-0 |(September 3, |
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Original Committee Reference: JUD.
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
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support recipient's support into an account of the recipient's
choice, to determine whether the account meets specified
qualifications.
3)Allows a local child support agency, effective July 1, 2016,
to electronically file pleadings signed under penalty of
perjury. Requires that the original signed pleading be
executed by the date the electronic pleading is filed and
allows the local child support agency to maintain the signed
original on the Statewide Automated Child Support System.
Requires the Judicial Council, by July 1, 2016, to develop
rules to implement these provisions.
4)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.
5)Contains chaptering out amendments for SB 340, Chapter 46,
Statutes of 2015.
The Senate amendments allow a local child support agency to
electronically file pleadings signed under penalty of perjury
and add chaptering out language.
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
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
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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)Allows a local child support agency to electronically file
documents and pleadings with the court using an electronic
signature, except documents or pleadings that must be signed
under penalty of perjury.
9)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.
10)Authorizes the courts to appoint subordinate judicial
officers, and sets forth their duties and titles.
11)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 Senate Appropriations analysis:
1)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.
2)Minor, absorbable one-time costs for the Judicial Council to
develop rules to enable local child support agencies to
electronically file pleadings.
3)Minor, absorbable impact to DCSS.
*Trial Court Trust Fund
COMMENTS: This Judiciary Committee bill makes four
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. Third, it allows a
local child support agency, effective July 1, 2016, to
electronically file pleadings signed under penalty of perjury.
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:
AB 1519
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Leora Gershenzon / JUD. / (916) 319-2334FN:
0001979