BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2881|
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CONSENT
Bill No: AB 2881
Author: Committee on Judiciary
Amended: 8/1/16 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE: 7-0, 6/21/16
AYES: Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning,
Wieckowski
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 78-0, 5/12/16 (Consent) - See last page for
vote
SUBJECT: Civil law: omnibus
SOURCE: Author
DIGEST: This bill enacts assorted changes in various provisions
of law. The changes range from establishing public notice
districts to requiring the State Controller to establish and
maintain trial court revenue distribution guidelines to
clarifying that members of state commissions are considered
"officers" for the purpose of the California Public Records Act.
The majority of the bill addresses the final task in trial
court unification: codification of notice publication
requirements.
ANALYSIS:
1)Existing law:
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a) Requires the California Law Revision Commission to study
and make recommendations to the Legislature regarding
issues related to trial court reunification. (Gov. Code
Sec. 70219.)
b) Provides that where judicial districts have been
consolidated or unified, the territory embraced within the
prior judicial district shall be separate judicial
districts for the purpose of publication. (Gov. Code Sec.
71042.5.)
This bill redesignates the districts used for publishing legal
notice as "public notice districts;" codify simplified "public
notice district" descriptions, which are based on the areas
comprising former judicial districts; and authorize a
newspaper certified to publish notice in a particular judicial
district to publish notice in the successor public notice
district.
2)Existing law:
a) Provides that if a lessor retaliates against a lessee
because of the exercise by the lessee of specified rights
or because of his complaint to an appropriate agency as to
tenantability of a dwelling, and if the lessee of a
dwelling is not in default as to the payment of his rent,
the lessor may not recover possession of a dwelling in any
action or proceeding, cause the lessee to quit
involuntarily, increase the rent, or decrease any services
within 180 days, as specified. (Civ. Code Sec. 1942.5(a).)
b) Makes it unlawful for a lessor to increase rent,
decrease services, cause a lessee to quit involuntarily,
bring an action to recover possession, or threaten to do
any of those acts, for the purpose of retaliating against
the lessee because he or she has lawfully organized or
participated in a lessees' association or an organization
advocating lessees' rights or has lawfully and peaceably
exercised any rights under the law. (Civ. Code Sec.
1942.5(c).)
This bill recasts the second provision above to clarify that
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it is not conditioned or dependent upon the first provision.
3)Existing law:
a) Provides that the report of the official reporter, or
official reporter pro tempore, of any court, duly appointed
and sworn, when transcribed and certified as being a
correct transcript of the testimony and proceedings in the
case, is prima facie evidence of that testimony and
proceedings. Existing law provides that the report of the
official reporter, or official reporter pro tempore, of any
court, duly appointed and sworn, when prepared as a rough
draft transcript, shall not be certified and cannot be
used, cited, distributed, or transcribed as the official
certified transcript of the proceedings. A rough draft
transcript shall not be cited or used in any way or at any
time to rebut or contradict the official certified
transcript of the proceedings as provided by the official
reporter or official reporter pro tempore. The production
of a rough draft transcript shall not be required. (Code
Civ. Proc. Sec. 273(a), (b).)
b) Provides that a court reporter's instant visual display
of the testimony or proceedings, or both, shall not be
certified and cannot be used, cited, distributed, or
transcribed as the official certified transcript of the
proceedings. The instant visual display of the testimony or
proceedings, or both, shall not be cited or used in any way
or at any time to rebut or contradict the official
certified transcript of the proceedings as provided by the
official reporter or official reporter pro tempore.
Existing law provides a January 1, 2017 sunset for this
provision.
This bill extends the sunset of the above provision, relating
to instant visual displays of testimony or proceedings, to
January 1, 2022.
4)Existing law defines "civil executive officers" to include,
among others, the Governor, a private secretary and an
executive secretary for the Governor; a Lieutenant Governor; a
Secretary of State; a Deputy Secretary of State; a Controller;
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a Deputy Controller; a bookkeeper for the Controller; a
Treasurer; a Deputy Treasurer; an Attorney General and all
assistant and Deputy Attorneys general; a Superintendent of
Public Instruction; one clerk for the Superintendent of Public
Instruction; an Insurance Commissioner; a deputy for the
Insurance Commissioner; 13 members of the State Board of
Agriculture; four members of the State Board of Equalization;
a clerk of the Board of Equalization; three members of the
State Board of Education; a librarian for the Supreme Court
Library and the chief deputy clerk and the deputy clerks of
the Supreme Court; the head of each department and all chiefs
of divisions, deputies and secretaries of a department; and
such other officers as fill offices created by or under the
authority of charters or laws for the government of counties
and cities.
This bill adds "persons serving on boards or commissions
created under the laws of the state or established under the
State Constitution" to the above list.
5)Existing law provides that in any contested action or special
proceeding other than a small claims action or an action or
proceeding in which a prevailing party is not represented by
counsel, the party submitting an order or judgment for entry
shall prepare and serve, by personal delivery or by mail, a
copy of the notice of entry of judgment to all parties who
have appeared in the action or proceeding. Existing law
further requires the party to file with the court the original
notice of entry of judgment together with the proof of service
by mail. This subdivision does not apply in a proceeding for
dissolution of marriage, for nullity of marriage, or for legal
separation. (Code Civ. Proc. Sec. 664.5.)
This bill revises the above provision to, instead, allow for a
party submitting an order or judgment for entry to prepare and
serve, by personal delivery or by mail, a copy of the notice
of entry of judgment to all parties who have appeared in the
action or proceeding and to require that the party file with
the court the original notice of entry of judgment together
with proof of service.
6)Existing law provides that in any contested action or special
proceeding other than a small claims action or an action or
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proceeding in which a prevailing party is not represented by
counsel, the party submitting an order or judgment for entry
shall prepare and serve, by personal delivery or by mail, a
copy of the notice of entry of judgment to all parties who
have appeared in the action or proceeding. Existing law
further requires the party to file with the court the original
notice of entry of judgment together with the proof of service
by mail. This subdivision does not apply in a proceeding for
dissolution of marriage, for nullity of marriage, or for legal
separation. (Code Civ. Proc. Sec. 664.5.)
This bill revises the above provision to, instead, allow for a
party submitting an order or judgment for entry to prepare and
serve, by personal delivery or by mail, a copy of the notice
of entry of judgment to all parties who have appeared in the
action or proceeding and to require that the party file with
the court the original notice of entry of judgment together
with proof of service.
7)Existing law:
a) Provides that the State Controller shall establish,
supervise, and as necessary revise a uniform accounting
system, including a system of audit, to the end that all
fines, penalties, forfeitures, and fees assessed by courts,
and their collection and appropriate disbursement, shall be
properly and uniformly accounted for. The accounting
system shall apply to superior courts, together with
probation offices, central collection bureaus and any other
agencies having a role in this process. (Gov. Code Sec.
71380.)
b) Provides that each installment or partial payment of a
fine, penalty, forfeiture or fee shall be prorated among
the state and local shares according to the uniform
accounting system established by the State Controller
pursuant to Section 71380 of the Government Code. In cases
subject to Section 1463.18 of the Penal Code, proration
shall not occur until the minimum amounts have been
transferred to the Restitution Fund as provided in that
section. (Penal Code Sec. 1462.5.)
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This bill provides that the State Controller shall establish,
supervise, and maintain trial court revenue distribution
guidelines, including a program to audit the accuracy of
distributions as provided by law, to ensure that all fines,
penalties, forfeitures, and fees assessed by courts, and their
collection and appropriate disbursement, shall be properly
accounted for and distributed. The trial court revenue
distribution guidelines shall apply to superior courts,
counties, including counties' probation departments, central
collection bureaus, and any other agencies or entities
having a role in this process.
This bill provides that installment or partial payment of a
fine, penalty, forfeiture, or fee shall be prorated among the
state and local shares according to the trial court revenue
distribution guidelines established by the Controller
pursuant to Section 71380 of the Government Code. In cases
subject to Section 1463.18 of the Penal Code, proration shall
not occur until the minimum amounts have been transferred to
the Restitution Fund as provided in that section.
8)Existing law:
a) Provides that if the decedent dies intestate, the court
must appoint an administrator as personal representative.
(Prob. Code Sec. 8460.)
b) Provides that a surviving spouse or domestic partner of
a decedent is entitled to appointment as administrator.
(Prob. Code Sec. 8461.)
c) Provides that a person is not competent to act as a
personal representative of an estate for a number of
reasons, including if the person is under the age of
majority, the person is subject to a conservatorship of the
estate, or the person is a surviving partner of the
decedent and an interested person objects to the
appointment. (Prob. Code Sec. 8402.)
This bill clarifies that the person who is not competent to
act as a personal representative of an estate is a business
partner, not a domestic partner.
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9)Existing law provides for the involuntary detention and
treatment of any person with a mental disorder who, as a
result of the mental disorder, is a danger to others or to
himself or herself or is gravely disabled. Existing law, if
specified conditions are met, exempts the professional person
in charge of the facility providing intensive treatment, his
or her designee, and the professional person directly
responsible for the person's treatment from civil or criminal
liability for any action by a person released before or at the
end of 30 days.
This bill also exempts the attorney or advocate representing
the person, the court-appointed commissioner or referee, the
certification review hearing officer conducting the
certification review hearing, or the peace officer responsible
for detaining the person from civil or criminal liability for
any action by a person released at or before the end of the 30
days of intensive treatment.
Background
AB 2881 is the Assembly Committee on Judiciary's omnibus bill.
To be considered for inclusion, each provision must be
non-controversial and not be so substantive as to be more
appropriate for a stand-alone bill. If a non-controversial
provision later becomes controversial, that provision will be
removed from the bill.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
SUPPORT: (Verified8/18/16)
State Controller Betty Yee
California Law Revision Commission
California Newspaper Publishers Association
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Conference of California Bar Associations
Deposition Reporters Association
Judicial Council of California
OPPOSITION: (Verified8/2/16)
None received
ARGUMENTS IN SUPPORT: The author writes, "The purpose of the
omnibus bill is to increase the efficiency of the legislative
process, conserve legislative resources, and eliminate the need
to unnecessarily hear a number of technical, clarifying, or
modest stand-alone bills that might otherwise have to be
introduced and heard separately through the legislative process.
This year's omnibus bill incorporates various proposals
submitted by various groups seeking to make technical,
clarifying, or other modest changes to civil law, including the
State Controller's Office, the California Law Revision
Commission, The Trust and Estates Section of the State Bar,
Western Manufactured Housing Communities Association, Deposition
Reporters Association of California, the California Newspaper
Publishers Association, and the Conference of California Bar
Associations."
ASSEMBLY FLOOR: 78-0, 5/12/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,
Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, 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, Kim, Lackey, Levine, Linder,
Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,
Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,
Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago,
Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,
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Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Burke, Jones-Sawyer
Prepared by: Nichole Rapier / JUD. / (916) 651-4113
8/18/16 9:47:10
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