Bill Text: CA SB647 | 2011-2012 | Regular Session | Chaptered
Bill Title: Civil law: omnibus bill.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-09-21 - Chaptered by Secretary of State. Chapter 308, Statutes of 2011. [SB647 Detail]
Download: California-2011-SB647-Chaptered.html
BILL NUMBER: SB 647 CHAPTERED
BILL TEXT
CHAPTER 308
FILED WITH SECRETARY OF STATE SEPTEMBER 21, 2011
APPROVED BY GOVERNOR SEPTEMBER 20, 2011
PASSED THE SENATE SEPTEMBER 6, 2011
PASSED THE ASSEMBLY AUGUST 25, 2011
AMENDED IN ASSEMBLY AUGUST 22, 2011
AMENDED IN ASSEMBLY AUGUST 15, 2011
AMENDED IN ASSEMBLY JUNE 16, 2011
AMENDED IN SENATE MAY 17, 2011
AMENDED IN SENATE MAY 10, 2011
AMENDED IN SENATE APRIL 25, 2011
AMENDED IN SENATE MARCH 24, 2011
INTRODUCED BY Committee on Judiciary (Senators Evans (Chair),
Blakeslee, Corbett, Harman, and Leno)
FEBRUARY 18, 2011
An act to amend Sections 116.780, 116.820, 700.160, 2029.610, and
2029.620 of the Code of Civil Procedure, to amend Section 14502 of
the Corporations Code, to amend Section 915.2 of the Government Code,
to amend Section 7100 of the Health and Safety Code, to amend
Sections 259, 2583, and 8250 of the Probate Code, to amend Section
19280 of the Revenue and Taxation Code, and to amend Section 903.47
of the Welfare and Institutions Code, relating to civil law.
LEGISLATIVE COUNSEL'S DIGEST
SB 647, Committee on Judiciary. Civil law: omnibus bill.
(1) Existing law, the Small Claims Act, governs the procedures in
small claims court. The act provides that the judgment of the
superior court of a small claims appeal is final, and specifies the
procedures for the enforcement of judgments.
Existing law provides that a deposit account or safe-deposit
account standing in the name of a person other than a judgment debtor
is not subject to levy unless authorized by the court.
This bill would make technical changes to those provisions and
would delete erroneous cross-references.
(2) Existing law establishes a process for obtaining a subpoena in
connection with an out-of-state proceeding.
This bill would require additional information to be included in
specified documents filed pursuant to those provisions.
(3) Existing law requires a humane society or a society for the
prevention of cruelty to animals seeking confirmation of a humane
officer's appointment to file with the superior court in which the
principal office of the humane society is located a Petition for
Order Confirming Appointment of a Humane Officer. Before filing that
petition, the organization is required to serve a copy of the
petition on specified parties, including the local police and sheriff'
s departments.
This bill would instead require the serving of the petition to
occur upon filing of the petition. The bill would also require the
petition to be served on an animal control agency having jurisdiction
in the city in which the principal office of the appointing society
is located.
(4) Existing law prescribes the manner in which a specified
notice, claim, amendment to a claim, or application to a public
entity for leave to present a late claim is to be sent by mail.
Existing law extends any period of notice and any duty to respond
upon service by mail, as specified.
This bill would specify that the extension does not apply to a
written notice set forth in a specified provision of law or the
filing of a complaint after denial of a claim.
(5) Under existing law, if a decedent has not otherwise given
directions, the right to control the disposition of the remains of
the deceased person vests in listed persons in a specified order.
This bill would include in that list a conservator of the person
or estate appointed in accordance with specified provisions when the
decedent has sufficient assets.
(6) Existing law imposes restrictions upon a person's or
beneficiary's entitlement to the estate of a decedent who was an
elder or dependent adult, if the person or beneficiary has committed
certain acts against the decedent, including, but not limited to,
physical abuse, neglect, or financial abuse.
This bill would make technical, nonsubstantive changes to those
provisions.
(7) Existing law establishes the procedure for the issuance and
service of a summons, and authorizes a plaintiff to have a clerk
issue one or more summons for any defendant.
This bill would provide that the provisions that authorize a clerk
to issue a summons are applicable when a person files an objection
to the probate of a will.
(8) Existing law authorizes 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, to be
referred by the court, county, or state to the Franchise Tax Board
for collection, as specified.
This bill would additionally allow specified legal costs relating
to an order of a juvenile court to be referred to the Franchise Tax
Board for collection.
(9) Existing law requires the Judicial Council to adopt policies
and procedures allowing a court to recover from the money collected
the costs associated with collecting delinquent reimbursements.
This bill would instead require the Judicial Council to adopt
policies and procedures allowing a court to recover from the money
collected the costs associated with implementing the reimbursements
program.
(10) This bill would incorporate additional changes in Section
7100 of the Health and Safety Code proposed by AB 905, to be
operative only if AB 905 and this bill are both enacted and become
effective on or before January 1, 2012, and this bill is enacted
last.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 116.780 of the Code of Civil Procedure is
amended to read:
116.780. (a) The judgment of the superior court after a hearing
on appeal is final and not appealable.
(b) Article 6 (commencing with Section 116.610) on judgments of
the small claims court applies to judgments of the superior court
after a hearing on appeal, except as provided in subdivision (c).
(c) For good cause and where necessary to achieve substantial
justice between the parties, the superior court may award a party to
an appeal reimbursement of (1) attorney's fees actually and
reasonably incurred in connection with the appeal, not exceeding one
hundred fifty dollars ($150), and (2) actual loss of earnings and
expenses of transportation and lodging actually and reasonably
incurred in connection with the appeal, not exceeding one hundred
fifty dollars ($150).
SEC. 2. Section 116.820 of the Code of Civil Procedure is amended
to read:
116.820. (a) The judgment of a small claims court, or the
judgment of the superior court after a hearing on appeal, may be
enforced by 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. 3. Section 700.160 of the Code of Civil Procedure is amended
to read:
700.160. (a) Except as provided in subdivision (b), a deposit
account or safe-deposit box standing in the name of a person other
than the judgment debtor, either alone or together with other third
persons, is not subject to levy under Section 700.140 or 700.150
unless the levy is authorized by court order. The levying officer
shall serve a copy of the court order on the third person at the time
the copy of the writ of execution and the notice of levy are served
on the third person.
(b) A court order is not required as a prerequisite to levy on a
deposit account or safe-deposit box standing in the name of any of
the following:
(1) The judgment debtor, whether alone or together with third
persons.
(2) The judgment debtor's spouse, whether alone or together with
other third persons. An affidavit showing that the person in whose
name the account stands is the judgment debtor's spouse shall be
delivered to the financial institution at the time of levy.
(3) A fictitious business name if an unexpired fictitious business
name statement filed pursuant to Chapter 5 (commencing with Section
17900) of Part 3 of Division 7 of the Business and Professions Code
lists as the persons doing business under the fictitious business
name either (A) the judgment debtor or (B) the judgment debtor's
spouse or (C) the judgment debtor and the judgment debtor's spouse,
but does not list any other person. A copy of a fictitious business
name statement, certified as provided in Section 17926 of the
Business and Professions Code, that satisfies these requirements
shall be delivered to the financial institution at the time of levy,
and if a person other than the judgment debtor is listed in the
statement, an affidavit showing that the other person is the judgment
debtor's spouse shall also be delivered to the financial institution
at the time of levy.
(4) The additional name of a judgment debtor listed on the writ of
execution pursuant to an affidavit of identity as provided by
Section 680.135, whether alone or together with third persons.
(c) In any case where a deposit account in the name of a person
other than the judgment debtor, whether alone or together with the
judgment debtor, is levied upon, the financial institution shall not
pay to the levying officer the amount levied upon until being
notified to do so by the levying officer. The levying officer may not
require the financial institution to pay the amount levied upon
until the expiration of 15 days after service of notice of levy on
the third person.
SEC. 4. Section 2029.610 of the Code of Civil Procedure is amended
to read:
2029.610. (a) On filing a petition under Section 2029.600, a
petitioner who is a party to the out-of-state proceeding shall pay a
first appearance fee as specified in Section 70611 of the Government
Code. A petitioner who is not a party to the out-of-state proceeding
shall pay the fee specified in subdivision (c) of Section 70626 of
the Government Code.
(b) The court in which the petition is filed shall assign it a
case number.
(c) On responding to a petition under Section 2029.600, a party to
the out-of-state proceeding shall pay a first appearance fee as
specified in Section 70612 of the Government Code. A person who is
not a party to the out-of-state proceeding may file a response
without paying a fee.
(d) Any petition, response, or other document filed under this
section shall satisfy all of the following conditions:
(1) It shall bear the caption and case number of the out-of-state
case to which it relates.
(2) The first page shall state the name of the court in which the
document is filed.
(3) The first page shall state the case number assigned by the
court under subdivision (b).
(4) The first page shall state whether or not the person filing
the document is a party to the out-of-state case.
SEC. 5. Section 2029.620 of the Code of Civil Procedure is amended
to read:
2029.620. (a) If a petition has been filed under Section 2029.600
and another dispute later arises relating to discovery being
conducted in the same county for purposes of the same out-of-state
proceeding, the deponent or other disputant may file a petition for
appropriate relief in the same superior court as the previous
petition.
(b) The first page of the petition shall clearly indicate that it
is not the first petition filed in that court that relates to the
out-of-state case.
(c) (1) If the petitioner in the new dispute is a party to the
out-of-state case who previously paid a first appearance fee under
this article, the petitioner shall pay a motion fee as specified in
subdivision (a) of Section 70617 of the Government Code. If the
petitioner in the new dispute is a party to the out-of-state case but
has not previously paid a first appearance fee under this article,
the petitioner shall pay a first appearance fee as specified in
Section 70611 of the Government Code.
(2) If the petitioner in the new dispute is not a party to the
out-of-state case, the petitioner shall pay the fee specified in
subdivision (c) of Section 70626 of the Government Code, unless the
petitioner previously paid that fee. If the petitioner previously
paid the fee specified in subdivision (c) of Section 70626 of the
Government Code, the petitioner shall pay a motion fee as specified
in subdivision (a) of Section 70617 of the Government Code.
(d) If a person responding to the new petition is not a party to
the out-of-state case, or is a party who previously paid a first
appearance fee under this article, that person does not have to pay a
fee for responding. If a person responding to the new petition is a
party to the out-of-state case but has not previously paid a first
appearance fee under this article, that person shall pay a first
appearance fee as specified in Section 70612 of the Government Code.
(e) Any petition, response, or other document filed under this
section shall satisfy all of the following conditions:
(1) It shall bear the caption and case number of the out-of-state
case to which it relates.
(2) The first page shall state the name of the court in which the
document is filed.
(3) The first page shall state the same case number that the court
assigned to the first petition relating to the out-of-state case.
(4) The first page shall state whether or not the person filing
the document is a party to the out-of-state case.
(f) A petition for relief pursuant to this section shall be
accompanied by a civil case cover sheet.
SEC. 6. Section 14502 of the Corporations Code is amended to read:
14502. (a) (1) (A) (i) On and after July 1, 1996, no entity,
other than a humane society or society for the prevention of cruelty
to animals, shall be eligible to petition for confirmation of an
appointment of any individual as a humane officer, the duty of which
shall be the enforcement of the laws for the prevention of cruelty to
animals.
(ii) On and after July 1, 1996, only a person who meets the
requirements of this section may be appointed as, or perform the
duties of, a humane officer.
(iii) Any person appointed as a humane officer prior to July 1,
1996, may continue to serve as a humane officer until the expiration
of the term of appointment only if the appointing society maintains
records pursuant to subparagraph (B) documenting that both the
appointing society and the humane officer meet the requirements of
this section.
(B) Each humane society or society for the prevention of cruelty
to animals for which an individual is acting as a humane officer
shall maintain complete and accurate records documenting that the
individual has successfully completed all requirements established in
this section and shall make those records available, upon request,
to the superior court, the Attorney General, or any entity duly
authorized to review that information, including the State Humane
Association of California. The records shall include the full name
and address of each humane officer.
(2) The humane society or society for the prevention of cruelty to
animals shall possess insurance of at least one million dollars
($1,000,000) for liability for bodily injury or property damage.
(3) Each appointment of a humane officer shall be by separate
resolution by the board of directors or trustees of the humane
society or society for the prevention of cruelty to animals duly
entered in its minutes. The resolution shall state the full name and
address of the principal office of the appointing society, the full
name of the person so appointed, the fact that he or she is a citizen
of the State of California, that he or she has met the training
requirements set forth in subdivision (h), and whether he or she is
authorized to carry a weapon pursuant to this section. The resolution
shall also designate the number of the badge to be allotted to the
officer, and the date on which the term of office shall expire.
(b) A humane society or a society for the prevention of cruelty to
animals seeking confirmation of a humane officer's appointment shall
comply with each of the following provisions:
(1) Prior to filing a Petition for Order Confirming Appointment of
a Humane Officer under paragraph (3), the humane society or society
for the prevention of cruelty to animals shall submit to the
Department of Justice fingerprint images and related information of
all humane officer applicants for the purposes of obtaining
information as to the existence and content of a record of state
convictions and state arrests and also information as to the
existence and content of a record of state arrests for which the
Department of Justice establishes that the person is free on bail or
on his or her own recognizance pending trial or appeal.
(A) The Department of Justice shall provide a state response to
the humane society or society for the prevention of cruelty to
animals pursuant to paragraph (1) of subdivision (p) of Section 11105
of the Penal Code.
(B) The humane society or society for the prevention of cruelty to
animals shall request from the Department of Justice subsequent
arrest notification service, as provided pursuant to Section 11105.2
of the Penal Code, for persons whose appointments are confirmed as
described in subdivision (c).
(C) The Department of Justice shall charge a fee sufficient to
cover the cost of processing the request described in this paragraph.
(2) When filing a Petition for Order Confirming Appointment of a
Humane Officer under paragraph (3), the humane society or society for
the prevention of cruelty to animals shall serve a copy of the
petition on each of the following:
(A) The police department having jurisdiction in the city in which
the principal office of the appointing society is located.
(B) The sheriff's department having jurisdiction in the county in
which the principal office of the appointing society is located.
(C) The Department of the California Highway Patrol.
(D) The State Humane Association of California.
(E) The animal control agency having jurisdiction in the city in
which the principal office of the appointing society is located. If
the sheriff's department or police department entitled to notice
under subparagraph (A) or (B) provides animal control services for
the city in which the principal office of the appointing society is
located, no separate notice is required under this subparagraph.
(F) The Department of Justice.
(3) The humane society or society for the prevention of cruelty to
animals shall file with the superior court in and for the county or
city and county in which the principal office of the humane society
is located a Petition for Order Confirming Appointment of a Humane
Officer, and shall attach to the petition all of the following:
(A) A copy of the resolution appointing the person, duly certified
to be correct by the president and secretary of the society and
attested by its seal.
(B) A copy of the criminal record offender information, if any,
obtained regarding the person pursuant to paragraph (1).
(C) Proof of the society's proper incorporation in compliance with
Part 9 (commencing with Section 10400) of Division 2, including the
date the articles of incorporation were filed with the Secretary of
State.
(D) A copy of the society's liability insurance policy for bodily
injury or property damage in the amount of at least one million
dollars ($1,000,000).
(E) Documentation establishing that the appointee has
satisfactorily completed the training requirements set forth in this
section.
(F) Documentation establishing that the society has a written
agreement with another entity, such as a public or private animal
shelter or licensed veterinary clinic, that (i) provides for the
humane care and treatment of any animals seized by the society, (ii)
is capable of preserving evidence that may be used to prosecute an
animal cruelty case, and (iii) is compliant with all applicable
federal, state, and local laws, including licensing laws.
Alternatively, the society may provide documentation that it is
operating its own animal shelter that meets the requirements of
clauses (i), (ii), and (iii).
(G) If the society has not previously appointed a humane officer:
(i) An affidavit signed under penalty of perjury from the
president of the society that demonstrates the society's competence
to appoint a humane officer by providing information, including, but
not limited to, the following:
(I) Partnerships or collaborations, if any, with other nonprofit
or community agencies.
(II) Cash reserve on hand, if any, to pay for veterinary expenses,
housing, food, and care of seized animals.
(III) Established donor base, if any.
(IV) Current or prior law enforcement, legal, or other relevant
experience, if any, of persons who will supervise the appointee.
(V) Current or prior experience of managers, if any, in operating
a society or other nonprofit organization.
(VI) Statement that each board member is in good standing in the
community and has not been convicted of a misdemeanor or felony
involving animals.
(VII) Ongoing training beyond the minimum required for appointment
of the humane officer, if any.
(VIII) The need for a humane officer in the society's county.
(IX) Any other documentation demonstrating compliance with
applicable federal, state, or local laws.
(ii) Affidavits, if any, from personnel of local animal control
agencies, law enforcement agencies, or other societies pertaining to
the appointee's fitness to act as a humane officer.
(H) As the last page, proof of service of a copy of the petition
upon those parties required to be served.
(4) Any party described in paragraph (2) may file an opposition to
the petition described in paragraph (3). All papers filed in
opposition to the petition and in reply to the opposition shall
conform to law and motion pleading requirements, pursuant to Rule
3.1113(d) of the California Rules of Court. An opposition shall not
exceed 15 pages and a reply shall not exceed 10 pages, excluding
exhibits and declarations. The opposition shall be limited to the
competency of the society to appoint and supervise a humane officer
and the qualifications, background, and fitness of the appointee that
are specific to the work of a humane officer.
(A) Any opposition shall be filed no later than 15 court days
after the petition is filed with the court. Any opposition shall be
served on all parties indicated on the proof of service attached to
the petition.
(B) The petitioner's reply, if any, to the opposition shall be
filed within 10 court days after service of the opposition. The reply
shall be served on all parties listed in the proof of service
attached to the petition and to any other person who has filed an
opposition.
(C) The court shall rule on the petition without a hearing unless
the court notifies the parties of an intention to hold a hearing.
(D) The petitioner shall serve a certified copy of the court's
order ruling on the petition on all parties listed in the proof of
service attached to the petition and to any other person or entity
who has filed an opposition.
(c) (1) Upon receipt of the Petition for Order Confirming
Appointment of a Humane Officer, the court shall first determine the
society's date of incorporation, and the length of time between the
date the society filed its articles of incorporation with the
Secretary of State and the date it filed the petition described in
paragraph (3) of subdivision (b) with the court. If the society was
incorporated on or after January 1, 2011, then the following shall
apply:
(A) For a petition to confirm appointment of a level 1 humane
officer, the court shall issue an order denying confirmation of the
appointment if a minimum of five years has not elapsed from the date
the society filed its articles of incorporation with the Secretary of
State to the date it filed the petition.
(B) For a petition to confirm appointment of a level 2 humane
officer, the court shall issue an order denying confirmation of the
appointment if a minimum of one year has not elapsed from the date
the society filed its articles of incorporation with the Secretary of
State to the date it filed the petition.
(C) For a petition to confirm appointment of either a level 1 or
level 2 humane officer, the court shall issue an order denying
confirmation of the appointment if the society has not established,
through submission of appropriate documentation, that the society is
either operating its own animal shelter or has a written agreement
with another entity, in compliance with subparagraph (F) of paragraph
(3) of subdivision (b).
(2) If the court has not issued an order denying the petition
pursuant to paragraph (1), then the court shall review the matter of
the appointee's qualifications and fitness to act as a humane
officer. The court shall also consider any documentation it has
received in support of, or in opposition to, the confirmation of the
person's appointment. If the court finds that the appointee is
qualified and fit to act as a humane officer, the court shall issue
an order confirming the appointment. The society shall thereupon file
a certified copy of the court order in the office of the county
clerk of the county or city and county in which the court is located.
The appointee shall, at the same time, take and subscribe the oath
of office prescribed for constables or other peace officers. The
society shall also provide a copy of the Order Confirming Appointment
to the State Humane Association of California and the Department of
Justice. The Department of Justice may charge a reasonable fee
sufficient to cover the costs of maintaining records of Orders
Confirming Appointment. If the court does not find the appointee
qualified and fit to act as a humane officer, the court shall issue
an order denying confirmation of the appointment.
(d) If the court grants the petition, the county clerk shall
immediately enter in a book to be kept in his or her office and
designated "Record of Humane Officers" the name of the officer, the
name of the society appointing him or her, the number of his or her
badge, the date of the filing, and the case number of the court order
confirming the appointment. At the time of the filing, the county
clerk shall collect from the society a fee of five dollars ($5),
which shall be full payment for all services to be performed by the
county clerk under this section.
(e) All appointments of humane officers shall automatically expire
if the society disbands or legally dissolves.
(f) (1) The society appointing an officer may revoke an
appointment at any time by filing in the office of the county clerk
in which the appointment of the officer is recorded a copy of the
revocation in writing under the letterhead of the society and duly
certified by its executive officer. Upon the filing the county clerk
shall enter the fact of the revocation and the date of the filing
thereof opposite the name of the officer in the record of humane
officers.
(2) Notwithstanding paragraph (1), any duly authorized sheriff or
local police agency or the State Humane Association of California may
initiate a revocation hearing by filing a petition to Revoke
Appointment of a Humane Officer. The petition shall show cause why an
appointment should be revoked and shall be made to the superior
court in the jurisdiction of the appointment. Filing, service, and
format of the petition and any oppositions and reply papers shall
conform to the law and motion requirements under the Code of Civil
Procedure, California Rules of Court, and this code. A proceeding
pursuant to this paragraph shall be a special proceeding within the
meaning of Section 23 of the Code of Civil Procedure.
(A) Notice of the hearing date and a copy of the petition shall be
served in the same manner as a summons upon the humane officer
subject to the petition, the society that appointed the officer, the
agencies and association described in paragraph (2) of subdivision
(b); except the party filing the petition shall not be required to
serve copies of those documents upon itself.
(B) Upon a finding of good cause, the court shall issue an order
granting the petition to revoke the appointment. The county clerk
shall immediately enter the revocation and the date of the court
order opposite the name of the officer in the record of humane
officers. The clerk of the superior court shall give notice of the
order to the parties described in subparagraph (A) and to the county
clerk-recorder.
(g) The society appointing the humane officer shall pay the
training expenses of the humane officer attending the training
required pursuant to this section.
(h) (1) (A) A level 1 humane officer is not a peace officer, but
may exercise the powers of a peace officer at all places within the
state in order to prevent the perpetration of any act of cruelty upon
any animal and to that end may summon to his or her aid any
bystander. A level 1 humane officer may use reasonable force
necessary to prevent the perpetration of any act of cruelty upon any
animal.
(B) A level 1 humane officer may make arrests for the violation of
any penal law of this state relating to or affecting animals in the
same manner as any peace officer and may serve search warrants.
(C) A level 1 humane officer is authorized to carry firearms while
exercising the duties of a humane officer, upon satisfactory
completion of the training specified in subparagraph (D), if the
requirements in subparagraph (F) are met.
(D) A level 1 humane officer shall, prior to appointment, provide
evidence satisfactory to the appointing society that he or she has
successfully completed the following requirements:
(i) At least 20 hours of a course of training in animal care
sponsored or provided by an accredited postsecondary institution or
any other provider approved by the California Veterinary Medical
Association the focus of which shall be the identification of
disease, injury, and neglect in domestic animals and livestock.
(ii) At least 40 hours of a course of training in the state humane
laws relating to the powers and duties of a humane officer,
sponsored or provided by an accredited postsecondary institution, law
enforcement agency, or the State Humane Association of California.
(iii) The basic training for a level 1 reserve officer by the
Commission on Peace Officer Standards and Training pursuant to
paragraph (1) of subdivision (a) of Section 832.6 of the Penal Code.
(E) A person shall not be appointed as a level 1 humane officer
until he or she meets the criteria in Sections 1029, 1030, and 1031
of the Government Code. A humane society or society for the
prevention of cruelty to animals shall complete a background
investigation, using standards defined by the Commission on Peace
Officer Standards and Training as guidelines for all level 1 humane
officer appointments.
(F) (i) Notwithstanding any other provision of this section, a
level 1 humane officer may carry a firearm only if authorized by, and
only under the terms and conditions specified by, his or her
appointing society.
(ii) Notwithstanding any other provision of this section, a level
1 humane officer shall not be authorized to carry a firearm unless
and until his or her appointing society has adopted a policy on the
use of deadly force by its officers and the officer has been
instructed in that policy.
(2) (A) A level 2 humane officer is not a peace officer, but may
exercise the powers of a peace officer at all places within the state
in order to prevent the perpetration of any
act of cruelty upon any animal and to that end may
summon to his or her aid any bystander. A level 2 humane officer may
use reasonable force necessary to prevent the perpetration of any
act of cruelty upon any animal.
(B) A level 2 humane officer may make arrests for the violation of
any penal law of this state relating to or affecting animals in the
same manner as any peace officer and may serve search warrants during
the course and within the scope of appointment, upon the successful
completion of a course relating to the exercise of the police powers
specified in Section 832 of the Penal Code, except the power to carry
and use firearms.
(C) A level 2 humane officer is not authorized to carry firearms.
(D) A level 2 humane officer shall, prior to appointment, provide
evidence satisfactory to the appointing society that he or she has
successfully completed courses of training in the following subjects:
(i) At least 20 hours of a course of training in animal care
sponsored or provided by an accredited postsecondary institution or
any other provider approved by the California Veterinary Medical
Association, the focus of which is the identification of disease,
injury, and neglect in domestic animals and livestock.
(ii) At least 40 hours of a course of training in the state humane
laws relating to the powers and duties of a humane officer,
sponsored or provided by an accredited postsecondary institution, law
enforcement agency, or the State Humane Association of California.
(E) A person shall not be appointed as a level 2 humane officer
until he or she meets the criteria in Sections 1029, 1030, and 1031
of the Government Code. A humane society or society for the
prevention of cruelty to animals shall complete a background
investigation, using standards defined by the Commission on Peace
Officer Standards and Training as guidelines, for all level 2 humane
officer appointments.
(3) During each three-year period following the date on which the
certified copy of the court order confirming the appointment of a
humane officer was filed with the county clerk, the humane officer
shall complete 40 hours of continuing education and training relating
to the powers and duties of a humane officer, which education and
training shall be sponsored or provided by an accredited
postsecondary institution, law enforcement agency, or the State
Humane Association of California. A certificate of compliance shall
be served no later than 21 days after the expiration of each
three-year period on the Department of Justice with copies served on
the superior court, agencies, and associations described in
subparagraphs (A) through (E) of paragraph (2) of subdivision (b).
The Department of Justice may charge a reasonable fee sufficient to
cover the costs of maintaining records of certificates of compliance.
The certificate of compliance shall also include documentation that
the humane society or society for the prevention of cruelty to
animals is in compliance with subparagraph (F) of paragraph (3) of
subdivision (b). Service on the Department of Justice shall be in
compliance with procedures set forth by the Department of Justice.
The Department of Justice shall post the filing procedures, as they
may be updated from time to time, on its Internet Web site. Failure
to file the certificate of compliance with the Department of Justice
no later than 21 days after the expiration of a three-year period
shall result in immediate revocation of the appointment.
(4) If the humane officer is authorized to carry a firearm, he or
she shall complete ongoing weapons training and range qualifications
at least every six months pursuant to subdivision (t) of Section
830.3 of the Penal Code. A certificate of compliance pursuant to this
section shall be served no later than 21 days after the expiration
of a six-month period on the Department of Justice with copies served
on the superior court, and on the agencies and associations
described in subparagraphs (A) through (E) of paragraph (2) of
subdivision (b). The Department of Justice may charge a reasonable
fee sufficient to cover the costs of maintaining records of
certificates of compliance. The certificate of compliance shall also
include documentation that the humane society or society for the
prevention of cruelty to animals is in compliance with subparagraph
(F) of paragraph (3) of subdivision (b). Service on the Department of
Justice shall be in compliance with procedures set forth by the
Department of Justice. The Department of Justice shall post the
filing procedures, as they may be updated from time to time, on its
Internet Web site. Failure to file the certificate of compliance with
the Department of Justice no later than 21 days after the expiration
of a six-month period shall result in immediate revocation of the
appointment.
(i) Every humane officer shall, when making an arrest, exhibit and
expose a suitable badge to be adopted by the society under this part
of which he or she is an appointee which shall bear its name and a
number. Uniforms worn by humane officers shall prominently display
the name of the appointing society. Humane officer uniforms shall not
display the words "state" or "California," except to the extent that
one or both of those words are part of the appointing society's
incorporated name.
(j) Any person resisting a humane officer in the performance of
his or her duty as provided in this section is guilty of a
misdemeanor. Any person who has not been appointed and qualified as a
humane officer as provided in this section, or whose appointment has
been revoked as provided in this section, or whose appointment,
having expired, has not been renewed as provided in this section, who
shall represent himself or herself to be or shall attempt to act as
an officer shall be guilty of a misdemeanor.
(k) No humane officer shall serve a search warrant without
providing prior notice to local law enforcement agencies operating
within that jurisdiction.
(l) Any humane society, society for the prevention of cruelty to
animals, or person, who knowingly provides a court with false or
forged documentation for the appointment of a humane officer, is
guilty of a misdemeanor and shall be punished by a fine of up to ten
thousand dollars ($10,000).
(m) Except as otherwise provided by this section, a humane officer
shall serve only in the county in which the court that appointed him
or her sits. A humane officer may serve in another county if the
humane officer gives notice requesting consent to the sheriff of the
county in which he or she intends to serve, and acquires consent from
that sheriff of the county in which he or she intends to serve, or
from a person authorized by the sheriff to give that consent. A
sheriff shall promptly respond to any request by a humane officer to
serve in his or her jurisdiction and any request shall not be
unreasonably denied.
SEC. 7. Section 915.2 of the Government Code is amended to read:
915.2. (a) If a claim, amendment to a claim, or application to a
public entity for leave to present a late claim is presented or sent
by mail under this chapter, or if any notice under this chapter is
given by mail, the claim, amendment, application, or notice shall be
mailed in the manner prescribed in this section. The claim,
amendment, application, or notice shall be deposited in the United
States post office, a mailbox, sub-post office, substation, mail
chute, or other similar facility regularly maintained by the
government of the United States, in a sealed envelope, properly
addressed, with postage paid. The claim, amendment, application, or
notice shall be deemed to have been presented and received at the
time of the deposit.
(b) Any period of notice and any duty to respond after receipt of
service of a claim, amendment, application, or notice is extended
five days upon service by mail, if the place of address is within the
State of California, 10 days if the place of address is within the
United States, and 20 days if the place of address is outside the
United States. This subdivision shall not apply to the written notice
set forth in Section 945.6 or the filing of a complaint after denial
of a claim.
(c) As applied to this section, proof of mailing may be made in
the manner prescribed by Section 1013a of the Code of Civil
Procedure.
SEC. 8. Section 7100 of the Health and Safety Code is amended to
read:
7100. (a) The right to control the disposition of the remains of
a deceased person, the location and conditions of interment, and
arrangements for funeral goods and services to be provided, unless
other directions have been given by the decedent pursuant to Section
7100.1, vests in, and the duty of disposition and the liability for
the reasonable cost of disposition of the remains devolves upon, the
following in the order named:
(1) An agent under a power of attorney for health care who has the
right and duty of disposition under Division 4.7 (commencing with
Section 4600) of the Probate Code, except that the agent is liable
for the costs of disposition only in either of the following cases:
(A) Where the agent makes a specific agreement to pay the costs of
disposition.
(B) Where, in the absence of a specific agreement, the agent makes
decisions concerning disposition that incur costs, in which case the
agent is liable only for the reasonable costs incurred as a result
of the agent's decisions, to the extent that the decedent's estate or
other appropriate fund is insufficient.
(2) The competent surviving spouse.
(3) The sole surviving competent adult child of the decedent, or
if there is more than one competent adult child of the decedent, the
majority of the surviving competent adult children. However, less
than the majority of the surviving competent adult children shall be
vested with the rights and duties of this section if they have used
reasonable efforts to notify all other surviving competent adult
children of their instructions and are not aware of any opposition to
those instructions by the majority of all surviving competent adult
children.
(4) The surviving competent parent or parents of the decedent. If
one of the surviving competent parents is absent, the remaining
competent parent shall be vested with the rights and duties of this
section after reasonable efforts have been unsuccessful in locating
the absent surviving competent parent.
(5) The sole surviving competent adult sibling of the decedent, or
if there is more than one surviving competent adult sibling of the
decedent, the majority of the surviving competent adult siblings.
However, less than the majority of the surviving competent adult
siblings shall be vested with the rights and duties of this section
if they have used reasonable efforts to notify all other surviving
competent adult siblings of their instructions and are not aware of
any opposition to those instructions by the majority of all surviving
competent adult siblings.
(6) The surviving competent adult person or persons respectively
in the next degrees of kinship, or if there is more than one
surviving competent adult person of the same degree of kinship, the
majority of those persons. Less than the majority of surviving
competent adult persons of the same degree of kinship shall be vested
with the rights and duties of this section if those persons have
used reasonable efforts to notify all other surviving competent adult
persons of the same degree of kinship of their instructions and are
not aware of any opposition to those instructions by the majority of
all surviving competent adult persons of the same degree of kinship.
(7) A conservator of the person appointed under Part 3 (commencing
with Section 1800) of Division 4 of the Probate Code when the
decedent has sufficient assets.
(8) A conservator of the estate appointed under Part 3 (commencing
with Section 1800) of Division 4 of the Probate Code when the
decedent has sufficient assets.
(9) The public administrator when the deceased has sufficient
assets.
(b) (1) If any person to whom the right of control has vested
pursuant to subdivision (a) has been charged with first or second
degree murder or voluntary manslaughter in connection with the
decedent's death and those charges are known to the funeral director
or cemetery authority, the right of control is relinquished and
passed on to the next of kin in accordance with subdivision (a).
(2) If the charges against the person are dropped, or if the
person is acquitted of the charges, the right of control is returned
to the person.
(3) Notwithstanding this subdivision, no person who has been
charged with first or second degree murder or voluntary manslaughter
in connection with the decedent's death to whom the right of control
has not been returned pursuant to paragraph (2) shall have any right
to control disposition pursuant to subdivision (a) which shall be
applied, to the extent the funeral director or cemetery authority
know about the charges, as if that person did not exist.
(c) A funeral director or cemetery authority shall have complete
authority to control the disposition of the remains, and to proceed
under this chapter to recover usual and customary charges for the
disposition, when both of the following apply:
(1) Either of the following applies:
(A) The funeral director or cemetery authority has knowledge that
none of the persons described in paragraphs (1) to (8), inclusive, of
subdivision (a) exists.
(B) None of the persons described in paragraphs (1) to (8),
inclusive, of subdivision (a) can be found after reasonable inquiry,
or contacted by reasonable means.
(2) The public administrator fails to assume responsibility for
disposition of the remains within seven days after having been given
written notice of the facts. Written notice may be delivered by hand,
United States mail, facsimile transmission, or telegraph.
(d) The liability for the reasonable cost of final disposition
devolves jointly and severally upon all kin of the decedent in the
same degree of kinship and upon the estate of the decedent. However,
if a person accepts the gift of an entire body under subdivision (a)
of Section 7155.5, that person, subject to the terms of the gift,
shall be liable for the reasonable cost of final disposition of the
decedent.
(e) This section shall be administered and construed to the end
that the expressed instructions of the decedent or the person
entitled to control the disposition shall be faithfully and promptly
performed.
(f) A funeral director or cemetery authority shall not be liable
to any person or persons for carrying out the instructions of the
decedent or the person entitled to control the disposition.
(g) For purposes of this section, "adult" means an individual who
has attained 18 years of age, "child" means a natural or adopted
child of the decedent, and "competent" means an individual who has
not been declared incompetent by a court of law or who has been
declared competent by a court of law following a declaration of
incompetence.
SEC. 8.5. Section 7100 of the Health and Safety Code is amended to
read:
7100. (a) The right to control the disposition of the remains of
a deceased person, the location and conditions of interment, and
arrangements for funeral goods and services to be provided, unless
other directions have been given by the decedent pursuant to Section
7100.1, vests in, and the duty of disposition and the liability for
the reasonable cost of disposition of the remains devolves upon, the
following in the order named:
(1) An agent under a power of attorney for health care who has the
right and duty of disposition under Division 4.7 (commencing with
Section 4600) of the Probate Code, except that the agent is liable
for the costs of disposition only in either of the following cases:
(A) Where the agent makes a specific agreement to pay the costs of
disposition.
(B) Where, in the absence of a specific agreement, the agent makes
decisions concerning disposition that incur costs, in which case the
agent is liable only for the reasonable costs incurred as a result
of the agent's decisions, to the extent that the decedent's estate or
other appropriate fund is insufficient.
(2) The competent surviving spouse.
(3) The sole surviving competent adult child of the decedent or,
if there is more than one competent adult child of the decedent, the
majority of the surviving competent adult children. However, less
than the majority of the surviving competent adult children shall be
vested with the rights and duties of this section if they have used
reasonable efforts to notify all other surviving competent adult
children of their instructions and are not aware of any opposition to
those instructions by the majority of all surviving competent adult
children.
(4) The surviving competent parent or parents of the decedent. If
one of the surviving competent parents is absent, the remaining
competent parent shall be vested with the rights and duties of this
section after reasonable efforts have been unsuccessful in locating
the absent surviving competent parent.
(5) The sole surviving competent adult sibling of the decedent or,
if there is more than one surviving competent adult sibling of the
decedent, the majority of the surviving competent adult siblings.
However, less than the majority of the surviving competent adult
siblings shall be vested with the rights and duties of this section
if they have used reasonable efforts to notify all other surviving
competent adult siblings of their instructions and are not aware of
any opposition to those instructions by the majority of all surviving
competent adult siblings.
(6) The surviving competent adult person or persons respectively
in the next degrees of kinship or, if there is more than one
surviving competent adult person of the same degree of kinship, the
majority of those persons. Less than the majority of surviving
competent adult persons of the same degree of kinship shall be vested
with the rights and duties of this section if those persons have
used reasonable efforts to notify all other surviving competent adult
persons of the same degree of kinship of their instructions and are
not aware of any opposition to those instructions by the majority of
all surviving competent adult persons of the same degree of kinship.
(7) A conservator of the person appointed under Part 3 (commencing
with Section 1800) of Division 4 of the Probate Code when the
decedent has sufficient assets.
(8) A conservator of the estate appointed under Part 3 (commencing
with Section 1800) of Division 4 of the Probate Code when the
decedent has sufficient assets.
(9) The public administrator when the deceased has sufficient
assets.
(b) (1) If a person to whom the right of control has vested
pursuant to subdivision (a) has been charged with first or second
degree murder or voluntary manslaughter in connection with the
decedent's death and those charges are known to the funeral director
or cemetery authority, the right of control is relinquished and
passed on to the next of kin in accordance with subdivision (a).
(2) If the charges against the person are dropped, or if the
person is acquitted of the charges, the right of control is returned
to the person.
(3) Notwithstanding this subdivision, no person who has been
charged with first or second degree murder or voluntary manslaughter
in connection with the decedent's death to whom the right of control
has not been returned pursuant to paragraph (2) shall have any right
to control disposition pursuant to subdivision (a) which shall be
applied, to the extent the funeral director or cemetery authority
know about the charges, as if that person did not exist.
(c) A funeral director or cemetery authority shall have complete
authority to control the disposition of the remains and to proceed
under this chapter to recover usual and customary charges for the
disposition when both of the following apply:
(1) Either of the following applies:
(A) The funeral director or cemetery authority has knowledge that
none of the persons described in paragraphs (1) to (8), inclusive, of
subdivision (a) exists.
(B) None of the persons described in paragraphs (1) to (8),
inclusive, of subdivision (a) can be found after reasonable inquiry,
or contacted by reasonable means.
(2) The public administrator fails to assume responsibility for
disposition of the remains within seven days after having been given
written notice of the facts. Written notice may be delivered by hand,
United States mail, facsimile transmission, or telegraph.
(d) The liability for the reasonable cost of final disposition
devolves jointly and severally upon all kin of the decedent in the
same degree of kinship and upon the estate of the decedent. However,
if a person accepts the gift of an entire body under subdivision (a)
of Section 7155.5, that person, subject to the terms of the gift,
shall be liable for the reasonable cost of final disposition of the
decedent.
(e) This section shall be administered and construed to the end
that the expressed instructions of the decedent or the person
entitled to control the disposition shall be faithfully and promptly
performed.
(f) A funeral director or cemetery authority shall not be liable
to any person or persons for carrying out the instructions of the
decedent or the person entitled to control the disposition.
(g) For purposes of this section, "adult" means an individual who
has attained 18 years of age, "child" means a natural or adopted
child of the decedent, and "competent" means an individual who has
not been declared incompetent by a court of law or who has been
declared competent by a court of law following a declaration of
incompetence.
(h) (1) For the purpose of paragraph (1) of subdivision (a), the
designation of a person authorized to direct disposition (PADD) on a
United States Department of Defense Record of Emergency Data, DD Form
93, as that form exists on December 31, 2011, or its successor form,
shall take first priority and be used to establish an agent who has
the right and duty of disposition for a decedent who died while on
duty in any branch or component of the Armed Forces of the United
States, as defined by Section 1481 of Title 10 of the United States
Code.
(2) This subdivision shall become operative only if the United
States Department of Defense Record of Emergency Data, DD Form 93,
and Section 1482(c) of Title 10 of the United States Code are amended
to allow a service member to designate any person, regardless of the
relationship of the designee to the decedent, as the agent who has
the right of disposition of a service member's remains.
SEC. 9. Section 259 of the Probate Code is amended to read:
259. (a) Any person shall be deemed to have predeceased a
decedent to the extent provided in subdivision (c) where all of the
following apply:
(1) It has been proven by clear and convincing evidence that the
person is liable for physical abuse, neglect, or financial abuse of
the decedent, who was an elder or dependent adult.
(2) The person is found to have acted in bad faith.
(3) The person has been found to have been reckless, oppressive,
fraudulent, or malicious in the commission of any of these acts upon
the decedent.
(4) The decedent, at the time those acts occurred and thereafter
until the time of his or her death, has been found to have been
substantially unable to manage his or her financial resources or to
resist fraud or undue influence.
(b) Any person shall be deemed to have predeceased a decedent to
the extent provided in subdivision (c) if that person has been
convicted of a violation of Section 236 of the Penal Code or any
offense described in Section 368 of the Penal Code.
(c) Any person found liable under subdivision (a) or convicted
under subdivision (b) shall not (1) receive any property, damages, or
costs that are awarded to the decedent's estate in an action
described in subdivision (a) or (b), whether that person's
entitlement is under a will, a trust, or the laws of intestacy; or
(2) serve as a fiduciary as defined in Section 39, if the instrument
nominating or appointing that person was executed during the period
when the decedent was substantially unable to manage his or her
financial resources or resist fraud or undue influence. This section
shall not apply to a decedent who, at any time following the act or
acts described in paragraph (1) of subdivision (a), or the act or
acts described in subdivision (b), was substantially able to manage
his or her financial resources and to resist fraud or undue influence
within the meaning of subdivision (b) of Section 1801 of the Probate
Code and subdivision (b) of Section 39 of the Civil Code.
(d) For purposes of this section, the following definitions shall
apply:
(1) "Physical abuse" as defined in Section 15610.63 of the Welfare
and Institutions Code.
(2) "Neglect" as defined in Section 15610.57 of the Welfare and
Institutions Code.
(3) "False imprisonment" as defined in Section 368 of the Penal
Code.
(4) "Financial abuse" as defined in Section 15610.30 of the
Welfare and Institutions Code.
(e) Nothing in this section shall be construed to prohibit the
severance and transfer of an action or proceeding to a separate civil
action pursuant to Section 801.
SEC. 10. Section 2583 of the Probate Code is amended to read:
2583. In determining whether to authorize or require a proposed
action under this article, the court shall take into consideration
all the relevant circumstances, which may include, but are not
limited to, the following:
(a) Whether the conservatee has legal capacity for the proposed
transaction and, if not, the probability of the conservatee's
recovery of legal capacity.
(b) The past donative declarations, practices, and conduct of the
conservatee.
(c) The traits of the conservatee.
(d) The relationship and intimacy of the prospective donees with
the conservatee, their standards of living, and the extent to which
they would be natural objects of the conservatee's bounty by any
objective test based on such relationship, intimacy, and standards of
living.
(e) The wishes of the conservatee.
(f) Any known estate plan of the conservatee (including, but not
limited to, the conservatee's will, any trust of which the
conservatee is the settlor or beneficiary, any power of appointment
created by or exercisable by the conservatee, and any contract,
transfer, or joint ownership arrangement with provisions for payment
or transfer of benefits or interests at the conservatee's death to
another or others which the conservatee may have originated).
(g) The manner in which the estate would devolve
upon the conservatee's death, giving consideration to the age and the
mental and physical condition of the conservatee, the prospective
devisees or heirs of the conservatee, and the prospective donees.
(h) The value, liquidity, and productiveness of the estate.
(i) The minimization of current or prospective income, estate,
inheritance, or other taxes or expenses of administration.
(j) Changes of tax laws and other laws which would likely have
motivated the conservatee to alter the conservatee's estate plan.
(k) The likelihood from all the circumstances that the conservatee
as a reasonably prudent person would take the proposed action if the
conservatee had the capacity to do so.
(l) Whether any beneficiary is the spouse or domestic partner of
the conservatee.
(m) Whether a beneficiary has committed physical abuse, neglect,
false imprisonment, or financial abuse against the conservatee after
the conservatee was substantially unable to manage his or her
financial resources, or resist fraud or undue influence, and the
conservatee's disability persisted throughout the time of the hearing
on the proposed substituted judgment.
SEC. 11. Section 8250 of the Probate Code is amended to read:
8250. (a) When a will is contested under Section 8004, the
contestant shall file with the court an objection to probate of the
will. Thereafter, a summons shall be issued and served, with a copy
of the objection, on the persons required by Section 8110 to be
served with notice of hearing of a petition for administration of the
decedent's estate. The summons shall be issued and served as
provided in Chapter 3 (commencing with Section 412.10) and Chapter 4
(commencing with Section 413.10) of Title 5 of Part 2 of the Code of
Civil Procedure. The summons shall contain a direction that the
persons summoned file with the court a written pleading in response
to the contest within 30 days after service of the summons.
(b) A person named as executor in the will is under no duty to
defend a contest until the person is appointed personal
representative.
SEC. 12. 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, and any amounts due pursuant to Section 903.1 of
the Welfare and Institutions 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).
SEC. 13. Section 903.47 of the Welfare and Institutions Code is
amended to read:
903.47. (a) The Judicial Council shall establish a program to
collect reimbursements from the person liable for the costs of
counsel appointed to represent parents or minors pursuant to Section
903.1 in dependency proceedings.
(1) As part of the program, the Judicial Council shall:
(A) Adopt a statewide standard for determining the ability to pay
reimbursements for counsel, which shall at a minimum include the
family's income, their necessary obligations, the number of
individuals dependent on this income, and the cost-effectiveness of
the program.
(B) Adopt policies and procedures allowing a court to recover from
the money collected the costs associated with implementing the
reimbursements program. The policies and procedures shall at a
minimum limit the amount of money a court may recover to a reasonable
proportion of the reimbursements collected and provide the terms and
conditions under which a court may use a third party to collect
reimbursements. For the purposes of this subparagraph, "costs
associated with implementing the reimbursements program" means the
court costs of assessing a parent's ability to pay for
court-appointed counsel and the costs to collect delinquent
reimbursements.
(2) The money collected shall be deposited as required by Section
68085.1 of the Government Code. Except as otherwise authorized by
law, the money collected under this program shall be utilized to
reduce caseloads, for attorneys appointed by the court, to the
caseload standard approved by the Judicial Council. Priority shall be
given to those courts with the highest attorney caseloads that also
demonstrate the ability to immediately improve outcomes for parents
and children as a result of lower attorney caseloads.
(b) The court may do either of the following:
(1) Designate a court financial evaluation officer to make
financial evaluations of liability for reimbursement pursuant to
Section 903.1.
(2) With the consent of the county and pursuant to the terms and
conditions agreed upon by the court and county, designate a county
financial evaluation officer to make financial evaluations of
liability for reimbursement pursuant to Section 903.1.
(c) In handling reimbursement of payments pursuant to Section
903.1, the court financial evaluation officer and the county
financial evaluation officer shall follow the procedures set forth
for county financial evaluation officers in subdivisions (b), (c),
and (d) of Section 903.45.
SEC. 14. Section 8.5 of this bill incorporates amendments to
Section 7100 of the Health and Safety Code proposed by both this bill
and Assembly Bill 905. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2012,
(2) each bill amends Section 7100 of the Health and Safety Code, and
(3) this bill is enacted after Assembly Bill 905, in which case
Section 8 of this bill shall not become operative.
