BILL ANALYSIS Ó AB 2881 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2881 (Committee on Judiciary) As Amended August 18, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |78-0 |(May 12, 2016) |SENATE: |39-0 |(August 23, | | | | | | |2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: JUD. SUMMARY: Makes various changes to the California codes as part of the Committee's civil law omnibus bill. Specifically, this bill: 1)Establishes public notice districts as the place for the publication of notice as provided, and repeals provisions regarding judicial districts, as provided. 2)Requires the Controller to establish and maintain trial court revenue distribution guidelines. 3)Extends the sunset relating to non-certification of a court reporter's instant visual display of testimony or proceedings. AB 2881 Page 2 4)Clarifies the definition of "officer" in the California Public Records Act (CPRA). 5)Clarify that a party may prepare and serve a notice of entry of judgment to all parties who have appeared in the action or proceeding, by way of personal delivery, as well as by mail. 6)Clarify that a surviving business partner of a decedent, as provided, is not competent to act as a personal representative in administering an estate. 7)Clarify a "partner" not competent to act as a personal representative of an estate, as defined, is a "business partner." 8)Clarify the professional immunity for conduct relating to persons who are involuntarily committed. 9)Makes other technical and conforming changes. The Senate amendments remove several omnibus proposals, make technical changes, include double-jointing language, and add the following omnibus proposals: 1)Clarify that a party may prepare and serve a notice of entry of judgment to all parties who have appeared in the action or proceeding, by way of personal delivery, as well as by mail. 2)Clarify that a surviving business partner of a decedent, as provided, is not competent to act as a personal representative in administering an estate. 3)Clarify a "partner" not competent to act as a personal AB 2881 Page 3 representative of an estate, as defined, is a "business partner." 4)Clarify the professional immunity for conduct relating to persons who are involuntarily committed. EXISTING LAW: 1)Provides that where judicial districts in a county have been consolidated, or where the municipal and superior courts in a county have unified, the territory embraced within the respective prior component judicial districts shall be separate judicial districts for the purpose of publication within a judicial district. (Government Code Section 71042.5.) 2)Requires a county recorder to keep on file a map approved by the county surveyor establishing the boundaries of a judicial district, as provided, that shows the boundaries of all consolidated or unified districts and component districts as of the date of consolidation or unification. (Government Code Section 71042.6.) 3)Requires a hosting platform to provide a notice, as specified, to occupants listing a residence for short-term rental on a hosting platform. (Business and Professions Code Section 22592.) 4)Requires the Controller to 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. (Government Code Section 71380.) AB 2881 Page 4 5)Requires each installment or partial payment of a fine, penalty, forfeiture or fee to be prorated among the state and local shares according to the uniform accounting system established by the State Controller, as provided. (Penal Code Section 1462.5.) 6)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. (Code of Civil Procedure Section 273.) 7)Provides that until January 1, 2017, the 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. Further provides that until January 1, 2017, 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. (Ibid.) 8)Defines civil executive officers of the state, as provided. (Government Code Sections 1001.) FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs. COMMENTS: This bill is the Assembly Judiciary Committee's biennial omnibus civil law bill. The purpose of the omnibus bill is intended 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. AB 2881 Page 5 Although it appears that most - if not all of these provisions - are non-controversial, this analysis provides a brief review of most of this bill's provisions. Implements recommendations by the California Law Revision Commission involving the publication of certain legal notices. Under existing law, certain types of notices must be published in a "judicial district" - for example, a notice of a foreclosure sale, or a sale of stored property. Judicial districts were originally established for the business and elections of the courts of limited jurisdiction. However, due to court consolidation, these boundaries have largely become obsolete; and yet, current law still requires certain notices to be published in a judicial district. Additionally, the boundaries of these judicial districts are often difficult to find. Indeed, this Committee has learned that some jurisdictions no longer have these maps on hand, and parties who file the required notices must go to a private company to retrieve them in order to fully comply with the law. Accordingly, it seems safe to say that some notices may be published in the wrong location, raising questions about the legal validity of that notice. This bill implements the work of the Law Revision Commission which has painstakingly reviewed and retrieved historical judicial district maps, and has established new "public notice districts." Under this bill, the public notice districts are described by reference to cities and towns - hewing closely to areas of historical judicial districts. This bill, consistent with other Law Revision Commission-sponsored bills, maintains the Legislature's intent in establishing public notice districts for public notice purposes, minimizes disruption to the current practice, and reduces any confusion for parties. Provides additional clarity to the distinct accounting roles performed by the Judicial Council and the State Controller over state trial courts. The Judicial Council and the State Controller have important and distinct roles in overseeing our trial courts. Generally, the Judicial Council oversees the trial courts' budgetary, fiscal, and accounting procedures, whereas the State Controller oversees trial court audits and AB 2881 Page 6 provides guidelines on the distribution of trial court revenues, such as fines, fees, and penalties assessed by the courts. Currently, the Judicial Council consults with the State Controller to maintain appropriate regulations for recordkeeping and accounting by the courts. However, current law does not properly reflect the distinctive roles of the Judicial Council and the State Controller. This bill clears up the division of responsibilities between the Judicial Council and the State Controller by clarifying that the State Controller maintains trial court revenue distribution guidelines, and not accounting systems. Extends the sunset relating to non-certification of a court reporter's instant visual display of testimony or proceedings. AB 170 (Mendoza), Chapter 87, Statutes 2009, provides that a court reporter's instant visual display of testimony or proceedings (commonly known as "real-time reporting"), or both, may not be certified and cannot be used, cited, distributed, or transcribed as the official transcript of the proceedings. This provision of law will sunset on January 1, 2017. In order to allow the Legislature additional time to assess the technology of real-time reporting to ensure that it can provide access to justice, to a level similar to traditional court reporting services, this bill extends the sunset to 2022. Clarifies the definition of "officer" in the California Public Records Act. Under the California Public Records Act, any "state agency" is required to disclose public records unless it is subject to an exemption. Currently, a "state agency" is defined as any "state office, officer, department, division, bureau, board, and commission or other state body or agency," excluding the legislature and the courts. However, the statute does not define "officer." While the meaning of "officer" would appear to have the same meaning of "executive officers" provided under Government Code Section 1001, the law is unclear as to whether members of state commissions are "officers" for purposes of the CPRA. This bill makes that update and statutory correction. AB 2881 Page 7 Clarifies that parties may effectuate service for a notice of entry of judgment by personal service and by mail. Under existing law, a party seeking to serve a notice of entry of judgment must do so by mail. Other service statutes allow parties to effectuate service by personal service. Indeed, many parties during litigation expect this method of service. This bill clarifies that a party may prepare and serve a notice of entry of judgment to all parties who have appeared in the action or proceeding, by way of personal delivery, as well as by mail. Clarifies the use of "partner" in certain sections of the Probate Code. This bill would clarify that under Probate Code Section 8402, a "partner" not competent to act as a personal representative of an estate is a "business partner," and not a "domestic partner." It seems safe to say that the statute never intended to apply the term "partner" to mean domestic partners. However, the vagueness of the current statute has resulted in unnecessary and wasteful litigation. Indeed, other provisions of the Probate Code provide that a surviving "Domestic Partner of a decedent" gets priority for appointment as a personal representative when the decedent dies intestate. This bill modifies the term "partner" to reconcile the differences in the Probate Code to ensure that domestic partners can act as personal representatives. Clarifies the professional immunity for conduct relating to persons who are involuntarily committed. Under existing law, persons with a mental disorder, who, as a result of the mental disorder, is a danger to others or to himself or herself, may be involuntarily committed. If certain conditions are met, the professional person in charge of the facility providing intensive treatment to the person with a mental disorder is exempt from civil or criminal liability, as provided. This bill would also exempt the following professional persons from civil and criminal liability: the attorney or advocate representing the person; the court-appointed commissioner or referee; the certification review hearing officer; or the peace officer responsible for detaining the person. AB 2881 Page 8 Analysis Prepared by: Eric Dang / JUD. / (916) 319-2334 FN: 0004783