BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 2882 (Committee on Judiciary) - Judiciary omnibus: family
law
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|Version: June 14, 2016 |Policy Vote: JUD. 7 - 0 |
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|Urgency: No |Mandate: No |
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|Hearing Date: August 1, 2016 |Consultant: Jolie Onodera |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: AB 2882, the annual judiciary omnibus bill, would make
numerous changes to the Family Code, as well as authorize the
Judicial Council to convert 10 subordinate judicial officers
(SJOs) to judgeships in the 2016-17 fiscal year if the
conversion would result in a judge being assigned to a family
law or juvenile law assignment, as specified.
Fiscal
Impact:
SJO conversion : 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.
Child support order modification : The Department of Child
Support Services (DCSS) has indicated the provisions of this
measure could potentially result in actions in violation of
federal law should the retroactive modification of child
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support orders be granted, as specified. According to the
DCSS, violations of federal law could potentially put federal
child support funding of $680 million at risk.
*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 1519 (Committee on Judiciary) Chapter 416/2015, which
authorized the Judicial Council to convert up to 10 SJOs to
judgeships in 2015-16.
This bill would provide the ratification by the Legislature
necessary for conversion of 10 SJO positions to judgeships in
2016-17.
Proposed Law:
This bill seeks to improve the handling of family law cases in
the courts, would make a number of clarifying and/or technical
changes to family law. Specifically, this bill:
Ratifies the authority of the Judicial Council to
convert 10 SJO positions to judgeships in 2016-17, 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 would provide that
this authority is in addition to the existing authority
provided to convert 16 SJOs to judges.
Allows prospective spouses to combine their last names
into a new last name that is more than one word, without
the need to hyphenate.
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Provides that a duplicate license shall be issued within
one year from the marriage.
Allows a person, who previously accrued child support
arrears between July 1, 2011, and July 1, 2015, and who was
eligible for an adjustment of those arrears because of
incarceration or institutionalization during that period,
based on a previously existing provision of law, to
petition the court to adjust those arrears pursuant to that
then-existing provision.
Allows a petitioner, seeking to adopt a dependent child
who has been freed for adoption by the juvenile court and
placed with that petitioner, to file the adoption request
either in the county where that petitioner resides or the
county where the child was freed for adoption.
Requires a private adoption agency, when accepting a
child voluntarily relinquished for adoption to file or
allow another party to file with the court, within 10 court
days, the original and five copies of the request to
approve the relinquishment.
Removes an outdated reference to the Franchise Tax Board
from various provisions of the state child support
enforcement statutes that the Department of Child Support
Services is charged with overseeing.
Makes other technical and conforming changes, including
updating cross references and moving provisions of the
Welfare & Institutions Code relevant to the child support
enforcement program to the Family Code.
Prior
Legislation: AB 1519 (Committee on Judiciary) Chapter 416/2015,
the annual judiciary omnibus bill, made technical and clarifying
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changes to the Family Code, as well as authorized the Judicial
Council to convert 10 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.
AB 610 (Jones-Sawyer) Chapter 629/2015 reinstated, as an urgency
measure, until January 1, 2020, a pilot program to suspend the
obligation to pay child support while an obligor is incarcerated
or involuntarily institutionalized, except as specified. A
provision that would have applied to an order or modification
issued on or after July 1, 2011, was amended out of the bill by
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
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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 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
2016-17 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 Department of Child Support Services (DCSS) has indicated
that the amendments to the Family Code § 4007.5 provisions may
have the unintended consequence of the courts granting
retroactive modifications, which could result in federal
penalties imposed putting California's yearly federal child
support funding at risk (approximately $680 million in total).
Further, enforceability of child support orders issued during
the timeframe between July 1, 2015 and October 8, 2015 may
adversely impact child support collections; however, the amount
is indeterminate at this time. Federal law prohibits retroactive
modification of child support orders under the Bradley Amendment
[42 United States Code Section 666(a)(9)(c)]. In 1989, the
federal OCSE affirmed this in Action Transmittal 89-06, noting
that states must have laws in effect and be using procedures
that provide that child support orders cannot be retroactively
modified.
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