BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2767|
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CONSENT
Bill No: AB 2767
Author: Assembly Judiciary Committee
Amended: 6/15/10 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-0, 6/10/10
AYES: Corbett, Harman, Hancock, Leno, Walters
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 70-0, 5/17/10 - See last page for vote
SUBJECT : Civil law: omnibus bill
SOURCE : Business Law Section of the State Bar
California Law Revision Commission
California Teamsters Union
Executive Committee of the Family Law Section
of the State
Bar
Judicial Council
DIGEST : This bill enacts assorted changes in various
provisions of law. Specifically, those assorted changes,
among other things, correct a drafting error relating to a
Judicial Council report on homestead exemptions; clarify
the treatment of unclaimed restitution money by a court;
correct a drafting error relating to nonprofit religious
corporations; clarify the ability to copy paternity files
under certain circumstances; and make various changes
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necessitated by trial court restructuring.
ANALYSIS : This bill is the Assembly Judiciary's
Committee 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.
Existing law requires the Legislature to protect, by law, a
certain portion of the homestead and other property from
forced sale. (Section 1.5 of Article XX of the California
Constitution)
Existing law contains both an automatic and a declared
homestead exemption that serves to protect a portion of
equity in a debtor's home from creditors. (Sections
704.710 et seq. and 704.910 et seq. of the Code of Civil
Procedure [CCP]) Existing law sets the amount of the
homestead exemption as follows:
$75,000, unless the judgment debtor or spouse of the
judgment debtor who resides in the homestead is a person
described below;
$100,000 if the judgment debtor or spouse of the judgment
debtor who resides in the homestead at the time of sale
is a member of the family unit, and there is at least one
member of the family unit who owns no interest in the
homestead or whose only interest in the homestead is a
community property interest with the judgment debtor; or
$175,000 if the judgment debtor or spouse of the judgment
debtor who resides in the homestead at the time of sale
is either (1) a person 65 years of age or older, (2) a
person physically or mentally disabled and as a result of
that disability is unable to engage in substantial
gainful employment, as specified, or (3) a person 55
years of age or older with a limited gross annual income,
as specified. (CCP Section 704.730)
Existing law requires the Judicial Council, on April 1,
2010, and at each three-year interval ending on April 1
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thereafter, to submit to the Legislature the amount by
which the dollar amounts of the above homestead exemptions
may be increased based upon the change in the annual
California Consumer Price Index for All Urban Consumers,
for the most recent three-year period, as specified. Those
increases shall not take effect unless they are approved by
the Legislature. (CCP Section 703.150)
This bill, instead, requires the Judicial Council to submit
those amounts by April 1, 2013, and at each three-year
interval ending on April 1 thereafter.
Existing law states that any money, excluding restitution
to victims, that has been deposited with a superior court,
or that a superior court is holding in trust, in a court
bank or trust account, that remains unclaimed for three
years shall become the property of the superior court if,
after published notice, the money is not claimed or no
verified compliant is filed and served. (Section 68084.1
of the Government Code)
This bill provides that any money representing restitution
collected on behalf of victims that remains unclaimed for
three years shall be deposited into either the State
Restitution Fund for the purpose of providing victim
services or into the general fund of a county that
administers a victim services program for the provision of
victim services.
Existing law provides that a paternity hearing or trial may
be held in closed court, and that all papers and records,
other than the final judgment, are subject to inspection
only in exceptional cases upon an order of the court for
good cause shown. (Section 7643(a) of the Family Code)
Existing law provides that papers and records pertaining to
the action that are part of the permanent record are
subject to inspection by the parties to the action, their
attorneys, and by agents acting pursuant to written
authorization. An attorney must obtain consent prior to
authorizing an agent to inspect the permanent record, as
specified. (Section 7643(b) of the Family Code)
This bill clarifies that inspection pursuant to the above
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provisions includes copying.
Existing law provides that where the appellate division of
the superior court grants a writ of review directed to the
superior court, the superior court is an inferior tribunal,
as specified. (CCP Sections 1085 and 1103)
This bill replaces "writ of review" with "writ of mandate"
in Section 1085, and "writ of prohibition" in Section 1103.
Existing law provides that any number of offices of a
nonprofit religious corporation may be held by the same
person unless the articles or bylaws provide otherwise,
except that the secretary, the treasurer, or the chief
financial officer may serve concurrently as the president
or chair of the board. (Section 9213 of the Corporations
Code)
This bill clarifies that the secretary, treasurer, or chief
financial officer may not serve concurrently as the
president or chair of the board.
Existing law specifies how interpreters' and translators'
fees shall be paid in criminal, coroners', and civil cases.
(Section 68092 of the Government Code [GOV])
This bill makes technical, clarifying changes, including
moving fees for coroners' cases to a standalone section.
Existing law provides for the deposit of moneys, including
bail, coming into possession of a judge or officer of a
court and deposited in a bank account by the court, as
provided. (GOV Sections 53647.5 and 53679)
This bill makes technical, clarifying changes to these
provisions.
Existing law defines subordinate judicial officer as an
officer appointed to perform subordinate judicial duties,
as authorized, including, but not limited to, a court
commissioner, probate commissioner, referee, traffic
referee, and juvenile referee. (GOV Section 71601)
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This bill adds child support commissioner and juvenile
hearing officer to the definition of subordinate judicial
officer and makes another technical, clarifying change to
the definition.
Existing law authorizes the Commission on Peace Officer
Standards and Training to amend rules establishing minimum
standards relating to physical, mental, and moral fitness
that govern the recruitment of various law enforcement
officers. (Section 13510 of the Penal Code)
This bill makes technical, clarifying changes to those
provisions.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 6/29/10)
Business Law Section of the State Bar (co-source)
California Law Revision Commission (co-source)
California Teamsters Union (co-source)
Executive Committee of the Family Law Section of the State
Bar (co-source)
Judicial Council (co-source)
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Blakeslee, Block, Blumenfield, Bradford,
Brownley, Buchanan, Carter, Chesbro, Conway, Cook, Coto,
Davis, De La Torre, De Leon, DeVore, Emmerson, Eng,
Evans, Feuer, Fletcher, Fong, Fuentes, Fuller, Gaines,
Galgiani, Garrick, Gilmore, Hagman, Hall, Harkey,
Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries,
Jones, Knight, Lieu, Logue, Bonnie Lowenthal, Ma,
Mendoza, Miller, Monning, Nava, Nestande, Niello,
Nielsen, V. Manuel Perez, Portantino, Ruskin, Salas,
Saldana, Skinner, Smyth, Solorio, Audra Strickland,
Swanson, Torres, Torrico, Tran, Villines, John A. Perez
NO VOTE RECORDED: Bass, Tom Berryhill, Caballero, Charles
Calderon, Furutani, Norby, Silva, Torlakson, Yamada,
Vacancy
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RJG:mw 6/29/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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