BILL NUMBER: SB 556 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 26, 2009
AMENDED IN ASSEMBLY MAY 28, 2009
AMENDED IN SENATE APRIL 15, 2009
INTRODUCED BY Committee on Judiciary (Senators Corbett (Chair),
Florez, Harman, Leno, and Walters)
FEBRUARY 27, 2009
An act to amend Section 116.820 of the Code of Civil Procedure, to
amend Section 68084.1 of the Government Code, to amend Section 3140
of the Probate Code, and to amend Section 19280 of the Revenue and
Taxation Code, relating to courts, and making an appropriation
therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 556, as amended, Committee on Judiciary. Courts.
(1) Existing law provides that the judgment of a small claims
court may be enforced as provided for the enforcement of judgments of
other courts. Existing law requires the clerk of the small claims
court to charge and collect specified fees for the issuance of a writ
of execution or an abstract of judgment, and for an application for
an order of examination of a judgment debtor.
This bill would require the clerk of the small claims court to
charge and collect all fees associated with the enforcement of small
claims court judgments, including, among other things, statutory fees
for preparing and issuing, and recording and indexing, an abstract
of judgment or a certified copy of a judgment, statutory fees for
filing a notice of judgment lien on personal property, and statutory
fees for issuing a writ for the enforcement of the judgment, as
specified.
(2) Existing law provides that any money in a court bank account
or in a court trust account in a county treasury that remains
unclaimed for 3 years shall become the property of the superior court
if, after published notice, the money is not claimed or no verified
complaint is filed and served. Existing law provides that if a claim
is filed and rejected, or no action is taken on it, the party who
submitted the claim may file a verified complaint seeking to recover
all, or a specified part, of the money. Existing law establishes the
State Restitution Fund, which is continuously appropriated for
indemnifying victims of crime.
This bill would provide that money representing restitution
collected on behalf of victims that remains unclaimed for 3 years
shall be deposited into the State Restitution Fund if,
after published notice , the money is not claimed or
no verified complaint is filed and served . By depositing
moneys into the State Restitution Fund, this bill would make an
appropriation.
(3) Existing law requires a conservator served pursuant to
specified provisions of law to appear at a hearing and represent a
spouse alleged to lack legal capacity for a proposed transaction
involving community property. Existing law authorizes the court, in
its discretion, to appoint an investigator to review the proposed
transaction and report to the court regarding its advisability.
This bill would limit the authority of the court to appoint an
investigation investigator pursuant to
that provision to those cases in which the appointment is necessary.
The bill would authorize the court to order the cost of the review
and report by a court investigator to be paid out of the proceeds of
the transaction or otherwise as the court may direct, if the court
determines that its order would not cause a hardship.
(4) Existing law provides that delinquent fines, state or local
penalties, forfeitures, restitution fines and orders, and any other
amounts imposed by a superior court upon a person or entity for
criminal offenses, that total at least $100 in the aggregate, may be
referred by the court, county, or state to the Franchise Tax Board
for collection, as specified.
This bill would additionally authorize the referral of delinquent
bail amounts imposed by a superior court to the Franchise Tax Board
for collection pursuant to this provision.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 116.820 of the Code of Civil Procedure is
amended to read:
116.820. (a) The judgment of a small claims court may be enforced
as provided in Title 9 (commencing with Section 680.010) of Part 2
and in Sections 674 and 1174 on the enforcement of judgments of other
courts. A judgment of the superior court after a hearing on appeal,
and after transfer to the small claims court under subdivision (d) of
Section 116.780, may be enforced like other judgments of the small
claims court, as provided in Title 9 (commencing with Section
680.010) of Part 2 and in Sections 674 and 1174 on the enforcement of
judgments of other courts.
(b) The clerk of the court shall charge and collect all fees
associated with the enforcement of judgments under Title 9
(commencing with Section 680.010) of Part 2. The clerk shall
immediately deposit all the fees collected under this section into a
bank account established for this purpose by the Administrative
Office of the Courts. The money shall be remitted to the State
Treasury under rules adopted by, or trial court financial policies
and procedures authorized by, the Judicial Council under subdivision
(a) of Section 77206 of the Government Code. The Controller shall
distribute the fees to the Trial Court Trust Fund as provided in
Section 68085.1 of the Government Code.
(c) The prevailing party in any action subject to this chapter is
entitled to the costs of enforcing the judgment and accrued interest.
SEC. 2. Section 68084.1 of the Government Code is amended to read:
68084.1. (a) Except as otherwise provided by law, any money,
excluding restitution to victims, that has been deposited with a
superior court, or that a superior court is holding in trust for the
lawful owner, in a court bank account or in a court trust account in
a county treasury, that remains unclaimed for three years shall
become the property of the superior court if, after published notice
pursuant to this section, the money is not claimed or no verified
complaint is filed and served. Money representing restitution
collected on behalf of victims that remains unclaimed for three years
shall be deposited into the State Restitution Fund if, after
published notice pursuant to this section, the money is not claimed
or no verified complaint is filed and served .
(b) At any time after the expiration of the three-year period
specified in subdivision (a), the executive officer of the superior
court may cause a notice to be published once a week for two
successive weeks in a newspaper of general circulation published in
the county in which the court is located. The notice shall state the
amount of money, the fund in which it is held, and that it is
proposed that the money will become the property of the court on a
designated date not less than 45 days nor more than 60 days after the
first publication of the notice.
(c) Before or after publication, a party of interest may file a
claim with the court executive officer that shall include the
claimant's name, address, amount of claim, the grounds on which the
claim is founded, and any other information that may be required by
the court executive officer. The claim shall be filed before the
designated date on which unclaimed money becomes the property of the
court as provided under subdivision (b), and the executive officer
shall accept or reject that claim.
(d) If the superior court executive officer rejects the claim, or
takes no action on the claim within 30 days after it is filed, the
party that submitted the claim may file a verified complaint seeking
to recover all, or a specified part, of the money in the court in the
county in which the notice is published. The copy of the complaint
and summons shall be served on the court executive officer. The court
executive officer shall withhold the release of the portion of
unclaimed money for which a court action has been filed as provided
in this section until the court renders a decision or the claim is
settled. Any portion of the unclaimed money not covered by the
verified complaint shall become the property of the court if no other
claim or verified complaint has been filed regarding it within the
time specified in this section. If the party that submitted the claim
does not file a verified complaint within 30 days after the date
that the court mailed notice that the claim was rejected or within 60
days after the claim was filed, the money shall become the property
of the court.
(e) Notwithstanding subdivisions (c) and (d), the court executive
officer may release the unclaimed money to the depositor of the
unclaimed money, or the depositor's heir, beneficiary, or duly
appointed representative, if the depositor or the depositor's heir,
beneficiary, or duly appointed representative claims the money before
the date that the money becomes the property of the superior court,
upon submitting proof satisfactory to the court executive officer.
(f) If no claim is filed under subdivision (c) and the time for
filing claims has expired, the money shall become the property of the
court. If a claim or claims are filed with respect to a portion of
the money, but not the remainder of the money, and the time for
filing claims under subdivision (c) has expired, the remainder of the
money shall become the property of the court.
(g) Notwithstanding any other provision of this section, the
presiding judge may direct the transfer of any individual deposit of
twenty dollars ($20) or less, or any amount if the name of the
original depositor is unknown, that remains unclaimed for one year to
the Trial Court Operations Fund without the need for publication of
notice.
(h) The court executive officer may delegate the responsibilities
provided in this section to appropriate superior court staff.
(i) When any money deposited and held under this section becomes
the property of a superior court, the presiding judge shall transfer
it to the Trial Court Operations Fund.
SEC. 3. Section 3140 of the Probate Code is amended to read:
3140. (a) A conservator served pursuant to this article shall,
and the Director of Mental Health or the Director of Developmental
Services given notice pursuant to Section 1461 may, appear at the
hearing and represent a spouse alleged to lack legal capacity for the
proposed transaction.
(b) The court may, in its discretion and if necessary, appoint an
investigator to review the proposed transaction and report to the
court regarding its advisability.
(c) If the court determines that a spouse alleged to lack legal
capacity has not competently retained independent counsel, the court
may in its discretion appoint the public guardian, public
administrator, or a guardian ad litem to represent the interests of
the spouse.
(d) (1) If a spouse alleged to lack legal capacity is unable to
retain legal counsel, upon request of the spouse, the court shall
appoint the public defender or private counsel under Section 1471 to
represent the spouse and, if that appointment is made, Section 1472
applies.
(2) If the petition proposes a transfer of substantial assets to
the petitioner from the other spouse and the court determines that
the spouse has not competently retained independent counsel for the
proceeding, the court may, in its discretion, appoint counsel for the
other spouse if the court determines that appointment would be
helpful to resolve the matter or necessary to protect the interests
of the other spouse.
(e) Except as provided in subdivision paragraph
(1) of subdivision (d), the court may fix a reasonable fee, to be
paid out of the proceeds of the transaction or otherwise as the court
may direct, for all services rendered by privately engaged counsel,
the public guardian, public administrator, or guardian ad litem, and
by counsel for such persons.
(f) The court may order the cost of the review and report by a
court investigator pursuant to subdivision (b) to be paid out of the
proceeds of the transaction or otherwise as the court may direct, if
the court determines that its order would not cause a hardship.
SEC. 4. Section 19280 of the Revenue and Taxation Code is amended
to read:
19280. (a) (1) Fines, state or local penalties, bail,
forfeitures, restitution fines, restitution orders, or any other
amounts imposed by a superior court of the State of California upon a
person or any other entity that are due and payable in an amount
totaling no less than one hundred dollars ($100), in the aggregate,
for criminal offenses, including all offenses involving a violation
of the Vehicle Code, may, no sooner than 90 days after payment of
that amount becomes delinquent, be referred by the superior court,
the county, or the state to the Franchise Tax Board for collection
under guidelines prescribed by the Franchise Tax Board. Unless the
victim of the crime notifies the Department of Corrections and
Rehabilitation to the contrary, the Department of Corrections and
Rehabilitation may refer a restitution order to the Franchise Tax
Board, in accordance with subparagraph (B) of paragraph (2), for any
person subject to the restitution order who is or has been under the
jurisdiction of the Department of Corrections and Rehabilitation.
(2) For purposes of this subdivision:
(A) The amounts referred by the superior court, the county, or
state under this section may include an administrative fee and any
amounts that a government entity may add to the court-imposed
obligation as a result of the underlying offense, trial, or
conviction. For purposes of this article, those amounts shall be
deemed to be imposed by the court.
(B) Restitution orders may be referred to the Franchise Tax Board
only by a government entity, as agreed upon by the Franchise Tax
Board, provided that all of the following apply:
(i) The government entity has the authority to collect on behalf
of the state or the victim.
(ii) The government entity shall be responsible for distributing
the restitution order collections, as appropriate.
(iii) The government entity shall ensure, in making the referrals
and distributions, that it coordinates with any other related
collection activities that may occur by superior courts, counties, or
other state agencies.
(iv) The government entity shall ensure compliance with laws
relating to the reimbursement of the State Restitution Fund.
(C) The Franchise Tax Board shall establish criteria for referral,
which shall include setting forth a minimum dollar amount subject to
referral and collection.
(b) The Franchise Tax Board, in conjunction with the Judicial
Council, shall seek whatever additional resources are needed to
accept referrals from all 58 counties or superior courts.
(c) Upon written notice to the debtor from the Franchise Tax
Board, any amount referred to the Franchise Tax Board under
subdivision (a) and any interest thereon, including any interest on
the amount referred under subdivision (a) that accrued prior to the
date of referral, shall be treated as final and due and payable to
the State of California, and shall be collected from the debtor by
the Franchise Tax Board in any manner authorized under the law for
collection of a delinquent personal income tax liability, including,
but not limited to, issuance of an order and levy under Article 4
(commencing with Section 706.070) of Chapter 5 of Division 2 of Title
9 of Part 2 of the Code of Civil Procedure in the manner provided
for earnings withholding orders for taxes.
(d) (1) Part 10 (commencing with Section 17001), this part, Part
10.7 (commencing with Section 21001), and Part 11 (commencing with
Section 23001) shall apply to amounts referred under this article in
the same manner and with the same force and effect and to the full
extent as if the language of those laws had been incorporated in full
into this article, except to the extent that any provision is either
inconsistent with this article or is not relevant to this article.
(2) Any information, information sources, or enforcement remedies
and capabilities available to the court or the state referring to the
amount due described in subdivision (a), shall be available to the
Franchise Tax Board to be used in conjunction with, or independent
of, the information, information sources, or remedies and
capabilities available to the Franchise Tax Board for purposes of
administering Part 10 (commencing with Section 17001), this part,
Part 10.7 (commencing with Section 21001), or Part 11 (commencing
with Section 23001).
(e) The activities required to implement and administer this part
shall not interfere with the primary mission of the Franchise Tax
Board to administer Part 10 (commencing with Section 17001) and Part
11 (commencing with Section 23001).
(f) For amounts referred for collection under subdivision (a),
interest shall accrue at the greater of the rate applicable to the
amount due being collected or the rate provided under Section 19521.
When notice of the amount due includes interest and is mailed to the
debtor and the amount is paid within 15 days after the date of
notice, interest shall not be imposed for the period after the date
of notice.
(g) In no event shall a collection under this article be construed
as a payment of income taxes imposed under Part 10 (commencing with
Section 17001) or Part 11 (commencing with Section 23001).