Bill Text: CA AB982 | 2009-2010 | Regular Session | Amended
Bill Title: Court facilities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2010-07-01 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD. [AB982 Detail]
Download: California-2009-AB982-Amended.html
BILL NUMBER: AB 982 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 14, 2010
AMENDED IN ASSEMBLY MAY 4, 2009
AMENDED IN ASSEMBLY APRIL 23, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Tran
FEBRUARY 27, 2009
An act to amend Sections 10134, 10138, and 10139.5 of the
Insurance Section 70377 of the Government Code,
relating to structured settlements court
facilities .
LEGISLATIVE COUNSEL'S DIGEST
AB 982, as amended, Tran. Structured settlements:
transfers. Court facilities.
Existing law establishes the State Court Facilities
Construction Fund for the planning, design, construction,
rehabilitation, renovation, replacement, leasing, or acquisition of
court facilities, as specified. Existing law levies a state court
construction penalty, as specified, upon every fine, penalty, and
forfeiture imposed and collected for all criminal offenses, and for
every parking offense for which a parking penalty, fine, or
forfeiture is imposed. Existing law requires that moneys deposited in
the county treasury pursuant to these provisions be transmitted to
the Controller for deposit in the State Court Facilities Construction
Fund, as specified. Existing law requires any amounts required to be
transmitted by a county to the Controller pursuant to these
provisions to be remitted no later than 45 days after the end of the
month in which the penalties were collected. Any remittance
made later than this time is considered delin quent and
is subject to specified penalties. Existing law requires the
Controller, upon receipt of any delinquent payment, to calculate a
penalty on the delinquent payment by multiplying the amount of the
delinquent payment at a daily rate equivalent to 1 1/2
% per month for the number of days the payment is
delinquent. Existing law requires the county to pay the penalty
amount calculated pursuant to these provisions to the Controller, as
specified, and requires the Controller to deposit these moneys in the
State Court Facilities Construction Fund.
This bill would additionally require the Controller to calculate
the interest on the delinquent payment, as specified, and would
revise the formula for calculating the penalty. The bill would also
require a county, city and county, or court to pay the interest or
penalty amounts calculated pursuant to these provisions, as
specified, to the State Court Facilities Construction Fund. The bill
would require that payment be made by the entity responsible for the
error or other action that caused the failure to pay, as determined
by the Controller in notice given to that party by the Controller.
Existing law provides definitions, including for "interested
parties," for purposes of the provisions regulating the transfer of
structured settlement payment rights.
This bill would revise the definition of "interested parties" for
purposes of those provisions.
Existing law prohibits the inclusion of various provisions in an
agreement for the transfer of structured settlement payment rights
and would make an agreement void and unenforceable if a prohibited
provision is included. Among the provisions prohibited from being
included in those agreements are any forum selection provision
providing for jurisdiction to be in a court outside of California for
any action arising under the contract and any choice-of-law
provision that provides for controlling law to be other than
California law in any action arising under the contract.
This bill would prohibit those 2 provisions if the payee is
domiciled in California at the time that the transfer agreement is
signed by the payee.
Existing law provides that a transfer of structured settlement
payment rights is not effective unless the transfer has been approved
in advance in a final court order based on certain findings.
Existing law provides where such an application for approval shall be
filed and provides for a certain notice, which is to include
specified documents, to be filed with the court and served on
interested parties not less than 20 days prior to the scheduled
hearing on the application for approval of a transfer of structured
settlement payment rights.
This bill would make specified changes to the requirements
regarding the court's written findings, the county where a transfer
approval application is required to be filed, and the documents to be
included with the notice.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 70377 of the
Government Code is amended to read:
70377. (a) Any amounts required to be transmitted by a county to
the Controller pursuant to this article shall be remitted no later
than 45 days after the end of the month in which the penalties were
collected. Any remittance made later than this time shall be
considered delinquent and subject to the penalties specified in this
section.
(b) Upon receipt of any delinquent payment required pursuant to
this section, the Controller shall calculate a penalty on
any delinquent payment by multiplying the amount of the delinquent
payment at a daily rate equivalent to 1 1/2
percent per month for the number of days the
payment is delinquent. do the following:
(1) Calculate the interest on the delinquent payment by
multiplying the amount of the delinquent payment at a daily rate
equivalent to the rate of return of money deposited in the Local
Agency Investment Fund pursuant to Section 16429.1 from the date the
payment was originally due to either 30 days after the date of the
issuance by the Controller of the final audit report concerning the
failure to pay or the date of payment by the entity responsible for
the delinquent payment, whichever comes first.
(2) Calculate a penalty at a daily rate equivalent to 11/2 percent
per month from the date 30 days after the date of the issuance by
the Controller of the final audit report concerning the failure to
pay.
(c) Penalty Interest or penalty
amounts calculated pursuant to subdivision (b) shall be paid by the
county , city and county, or court to the
Controller State Court Facilities Construction Fund
no later than 45 days after the end of the month in which the
interest or penalty was calculated. All money
received by the Controller under this section shall be deposited in
the State Court Facilities Construction Fund. Payment
shall be made by the entity responsible for the error or other action
that caused the failure to pay, as determined by the Controller in
notice given to that party by the Controller.
(d) If the penalty imposed by this section results from a
court's failure to comply with the requirements for timely deposit
of money with the county treasury, the court shall reimburse the
county general fund in an amount equal to the actual penalty.
Notwithstanding Section 77009, the court may pay
this any penalty or interest imposed
pursuant to this section due to an error or other action
by the court from money received from the Trial Court Trust
Fund. This section does not require an increase in a court's
allocation from the Trial Court Trust Fund. All matter omitted in
this version of the bill appears in the bill as amended in the
Assembly, May 4, 2009. (JR11)
