SB 647 California Senate · 2011-2012 Regular Session

Civil law: omnibus bill.

Summary
(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.
Bill status signed all 5 stages cleared
Introduction
Feb 2011
Committee Review
Sep 2011
Senate Passage
May 2011
Assembly Passage
Aug 2011
Signed into Law
Sep 2011
Introduced Feb 18, 2011 Signed Sep 21, 2011
Floor votes · Senate Sep 6, 2011 · Assembly Aug 25, 2011

How they voted

39–0
Passed
Total votes 39
Sep 6, 2011
D Democratic24
24 Yea
100% Yea
R Republican15
15 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
33
Key actions
7
Committee
7
Amendments
3
Sep 20, 2011
Signed into law
Approved by the Governor.
legislature
Sep 6, 2011
Senate · Passed
Senate Vote: pass (39-0)
senate
Sep 6, 2011
Upper · Passed
Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2319.) Ordered to engrossing and enrolling.
upper
Aug 25, 2011
Assembly · Passed
Assembly Vote: pass (77-0-2)
assembly
Aug 25, 2011
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Aug 18, 2011
Lower · Passed
From committee: Do pass as amended. Ordered to consent calendar. (Ayes 17. Noes 0.) (August 17).
lower
Jun 28, 2011
Committee
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 9. Noes 0.) (June 27). Re-referred to Com. on APPR.
lower
Jun 21, 2011
Committee
From committee: Do pass and re-refer to Com. on REV. & TAX. with recommendation: To consent calendar. (Ayes 10. Noes 0.) (June 21). Re-referred to Com. on REV. & TAX.
lower
Jun 9, 2011
Committee
Referred to Coms. on JUD. and REV. & TAX.
lower
May 23, 2011
Upper · Passed
From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar.
upper
May 9, 2011
Upper · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 5. Noes 0. Page 860.) (May 3).
upper
Mar 31, 2011
Committee
Re-referred to Com. on JUD.
upper
Mar 3, 2011
Committee
Referred to Com. on RLS.
upper
Feb 18, 2011
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
0 primary · 0 co-sponsors

Sponsors

No sponsor information available.