BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2303|
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THIRD READING
Bill No: AB 2303
Author: Assembly Judiciary Committee
Amended: 8/23/06 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE : 4-0, 8/8/06
AYES: Dunn, Escutia, Harman, Kuehl
NO VOTE RECORDED: Morrow
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 80-0, 5/31/06 - See last page for vote
SUBJECT : Omnibus bill: civil, commercial, government
law
SOURCE : Author
Board of Equalization
California Alliance of Paralegal Associations
California Association of Photocopiers and
Process Servers
California RV Dealers Association
California Sierra Club
Children's Advocacy Institute
Conference of Delegates of California Bar
Associations
Directors Guild of America, Inc.
Judicial Council of California
Law Offices of Dianne M. Fetzer
Office of the Attorney General
Screen Actors Guild, Inc.
CONTINUED
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Writers Guild of America, west, Inc.
DIGEST : This bill enacts assorted changes in 32 various
provisions of the law. The changes range from modifying
and clarifying the mandatory continuing education
requirements for paralegals, to revising rules for the
Attorney Generals (AGs) regulation of charitable
fundraisers, to allowing the Supreme Court to increase the
limit of allowable costs for habeas corpus investigations
in capital cases. The assorted changes additionally (1)
grant the Commission on Judicial Performance access to
confidential court files and records to investigate
judicial misconduct, (2) extend the sunset for the court's
authority to issue monetary sanctions for jurors who fail
to respond to summons, (3) extend the time period for
service of written notice when seeking a review of a
court's determination of disqualification, (4) increase the
period for notice of a hearing from two to five days in
elder abuse cases, (5) revise procedures for petitions and
applications for a change of name proceeding, (6) empower
the AG to adopt regulations to implement a proposed law
requiring initial registration forms for charity
solicitations, and to determine what manner of payment
would be acceptable for payment of registration or renewal
fees under the Uniform Supervision of Trustees for
Charitable Purposes Act, (7) authorize electronic
submission of notice to appear citations, (8) extend the
sunset for Commercial Code provisions concerning "general
intangibles," (9) allow status review hearings for
dependent children to be held earlier than every six
months, (10) extend term limits for California non-profit
public benefit corporations' board of directors, and (11)
enact technical amendments concerning construction defects,
the Car Buyer's Bill of Rights, service of summons for
corporations, and dismissals based upon forum non
conveniens.
Senate Floor Amendments of 8/23/06 add two clarifying
changes to existing law and add chaptering out language.
ANALYSIS : Existing law requires all paralegals, as
defined, to certify completion every three years of four
hours of mandatory continuing legal education in legal
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ethics.
This bill instead requires all paralegals to certify
completion every two years of four hours of mandatory
continuing legal education in legal ethics and four hours
of mandatory continuing legal education in general law or
an area of specialized law.
Existing law sets forth standards for determining liability
in an action seeking the recovery of damages arising out
of, or related to, deficiencies in residential construct,
design, and related issues, as specified, including
standards governing shower and bath enclosures and ceramic
tile with respect to water issues.
This bill instead sets forth standards governing showers,
baths, and related waterproofing systems, and governing the
waterproofing system behind or under ceramic tile, as
specified.
The Car Buyer's Bill of Rights requires a conditional sale
contract for a motor vehicle to include, and a dealer to
display, a specified notice to inform the buyer of a used
vehicle with a purchase price of less than $40,000 of
his/her right to obtain a contract cancellation option
agreement. Existing law excepts specified vehicles from
that contract cancellation option requirement, including
motorcycles and recreational vehicles.
This bill requires the notice provisions in a conditional
sale contract, or displayed by a dealer, to provide that a
recreational vehicle is excepted from that contract
cancellation option requirement. This bill also makes a
technical, nonsubstantive change to a related provision.
Existing law sets forth the procedures for filing a writ of
mandate to review the question of the disqualification of a
judge. Existing law requires that petition to be filed
within 10 days of notice to the parties of the decision.
This bill instead requires that petition to be filed and
served within 10 days after service of written notice of
entry of the court's order determining the question of
disqualification, or as specified if served by mail.
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Under existing law, a prospective trial juror who has been
summoned for jury service and fails to attend as directed
or respond to the court may be compelled to attend, as
specified. In addition, after an order to show cause
hearing, the court may find the prospective juror in
contempt of court, which is punishable by fine,
incarceration, or both. Until January 1, 2007, existing
law permits the court, in lieu of imposing penalties for
contempt, to impose reasonable monetary sanctions of no
more than $250 for a first violation, $750 for a second
violation, and $1,500 for the third and any subsequent
violation, upon a prospective juror who has failed to
respond and who has not been excused, after first providing
the prospective juror with notice and an opportunity to be
heard, as specified. Existing law also requires the
Judicial Council, by December 31, 2005, to report to the
Legislature regarding the effects of the implementation of
these provisions.
This bill extends the operative date of those provisions to
January 1, 2010, and also provides that the Judicial
Council report to the Legislature by December 31, 2008,
regarding that implementation.
Existing law prescribes procedures for serving a summons on
a corporation and specifies the persons to whom a copy of
the summons and the complaint may be delivered.
This bill includes among those persons who may receive that
service and delivery a chief executive officer, a
controller, and a chief financial officer.
Existing law provides that an appeal is to the court of
appeal, and, in a limited civil case, to the appellate
division of the superior court. Existing law provides that
an appeal may be taken from an order granting a motion to
quash service of summons or granting a motion to stay or
dismiss the action on the ground of inconvenient forum.
This bill provides that an appeal may be taken from a
written order of dismissal following the order granting a
motion to dismiss the action on the ground of inconvenient
forum.
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Existing law sets forth the procedures for a change of
name, including requiring an application for a name change
to be made to the superior court of the county where the
person whose name is proposed to be changed resides, by
petition signed by the person, or if the person is under 18
years of age, signed by one of the person's parents, if
living, or if both parents are dead, then by the guardian
of the person.
This bill revises and recasts these provisions to, among
other things, modify the procedures for persons objecting
to a name change and notice thereto, as specified.
Until January 1, 2007, existing law provides that a
licensee in ordinary course of business, as defined, takes
its rights under a nonexclusive license free of a security
interest in the intangible created by the licensor and
takes its leasehold interest free of a security interest in
the goods created by the lessor, as specified.
This bill extends the operation of that provision to
January 1, 2010.
The Nonprofit Public Benefit Corporation Law prohibits a
director of a nonprofit public benefit corporation from
being elected for terms greater than three years, as fixed
in the articles or bylaws.
This bill allows those directors to be elected for terms no
greater than four years, as fixed in the articles or
bylaws.
Existing law requires a charitable organization,
unincorporated association, or a trustee holding property
for charitable purposes to register its articles of
incorporation with the AG's Registry of Charitable Trusts
within 30 days of receiving the property.
This bill requires these entities to file an initial
registration form with the AG, and requires the AG to adopt
rules and regulations as to the contents of that form and
related procedures. This bill makes other procedural
changes relating to the means of payment of the annual
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registration or renewal fee by other entities required to
register with the AG's Registry of Charitable Trusts.
Existing law authorizes the Commission on Judicial
Performance to, among other things, disqualify, suspend,
retire, or censure a judge for specified reasons. Existing
law authorizes the commission to exercise discretionary
jurisdiction with regard to the oversight and discipline of
subordinate judicial officers.
This bill provides the Commission on Judicial Performance
access to nonpublic and confidential records relevant to
the performance of judges, former judges, and subordinate
judicial officers, and provides a mechanism for the public
disclosure thereof, as specified.
Existing law allows a criminal prosecution to be commenced
by filing an accusatory pleading in electronic form with
the magistrate, or in a court having authority to receive
it, under specified conditions. Existing law also
authorizes a court to receive and file a notice of parking
violation or a notice to appear in electronic form under
certain conditions.
This bill revises and recasts those conditions for the
receipt and filing of an accusatory pleading or a notice to
appear in electronic form.
Existing law requires the juvenile court to conduct
periodic status review hearings every six months, and, in
certain cases, to terminate the parental rights to, and to
order a permanent plan of adoption or legal guardianship
for, a dependent child of the juvenile court.
This bill allows the court to conduct those status review
hearings at any time earlier than six months, if in the
best interest of the child.
Existing law provides for emergency protective orders with
respect to elder abuse, as specified. For those purposes,
existing law requires the respondent to be personally
served at least two days before the hearing on the
protective order.
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This bill requires at least five days service before that
hearing.
Last year, the Car Buyer's Bill of Rights excluded
motorcycles, and off-highway vehicles from the scope of its
provisions. This bill clarifies that a seller's obligation
to provide written disclosures under the Car Buyer's Bill
of Rights does not apply to the sale of a motorcycle or
off-highway vehicle. (The Senate Judiciary Committee
approved the addition of that technical amendment.)
Also, last year, SB 13 (Bowen, 2005) prevented agencies
from disclosing personal information to the University of
California (UC) or nonprofit educational institutions
unless the request is approved by the Committee for the
Protection of Human Subjects (CPHS) (the state's
Institutional Review Board (IRB)). The purpose of that
review is to ensure that personal information is actually
needed and the identities of individuals are adequately
protected. That bill allowed CPHS to use its "existing
authority" to enter into written agreements to enable other
IRBs to approve projects according to those data security
requirements. The bill specifies that CPHS's "existing
authority" only extends to the Health and Human Services
Agency (HHSA) and not beyond. This bill clarifies that
CPHS may delegate the data security review of research
projects involving personal information to other
institutional review boards, including those outside of
HHSA.
Finally, this bill contains chaptering out language to
prevent a conflict with SB 1743 (Bowen).
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/24/06)
Board of Equalization (co-source)
California Alliance of Paralegal Associations (co-source)
California Association of Photocopiers and Process Servers
(co-source)
California RV Dealers Association (co-source)
California Sierra Club (co-source)
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Children's Advocacy Institute (co-source)
Conference of Delegates of California Bar Associations
(co-source)
Directors Guild of America, Inc. (co-source)
Judicial Council of California (co-source)
Law Offices of Dianne M. Fetzer (co-source)
Office of the Attorney General (co-source)
Screen Actors Guild, Inc. (co-source)
Writers Guild of America, west, Inc. (co-source)
California Association of Homes and Services for the Aging
California Association of Nonprofits
Family Law Section of the State Bar
National Conference of Commissioners on Uniform State Laws
ASSEMBLY FLOOR :
AYES: Aghazarian, Arambula, Baca, Bass, Benoit, Berg,
Bermudez, Blakeslee, Bogh, Calderon, Canciamilla, Chan,
Chavez, Chu, Cogdill, Cohn, Coto, Daucher, De La Torre,
DeVore, Dymally, Emmerson, Evans, Frommer, Garcia,
Goldberg, Hancock, Harman, Haynes, Jerome Horton, Shirley
Horton, Houston, Huff, Jones, Karnette, Keene, Klehs,
Koretz, La Malfa, La Suer, Laird, Leno, Leslie, Levine,
Lieber, Lieu, Liu, Matthews, Maze, McCarthy, Montanez,
Mountjoy, Mullin, Nakanishi, Nation, Nava, Negrete
McLeod, Niello, Oropeza, Parra, Pavley, Plescia, Richman,
Ridley-Thomas, Sharon Runner, Ruskin, Saldana, Salinas,
Spitzer, Strickland, Torrico, Tran, Umberg, Vargas,
Villines, Walters, Wolk, Wyland, Yee, Nunez
RJG:mel 8/24/06 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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