SB 1511 California Senate · 2017-2018 Regular Session

Family law omnibus bill.

Summary
(1) Existing law generally authorizes commissioners of civil marriages, including retired and deputy commissioners of civil marriages, to solemnize a marriage. Existing law imposes misdemeanor penalties on a commissioner of civil marriages who accepts money or other value for solemnizing a marriage, unless the marriage is solemnized on a Saturday, Sunday, or a legal holiday. Existing law also authorizes a commissioner of civil marriages to solemnize a marriage for reasonable compensation. This bill would clarify that a commissioner of civil marriages may accept reasonable compensation for a marriage he or she solemnizes on a Saturday, Sunday, or a legal holiday. (2) Existing law continues the parental duty to support an unmarried child who has attained 18 years of age, is a full-time high school student, and who is not self-supporting, until the time the child completes the 12th grade or attains 19 years of age, whichever occurs first. This bill would excuse a child from the requirement to be a full-time high school student for purposes of these provisions if the child has a medical condition documented by a physician that prevents full-time school attendance. (3) Existing law provides various procedures for the collection of child support and establishes, within the Department of Child Support Services, the State Disbursement Unit for the collection and disbursement of payments pursuant to support orders. Existing law also provides for the collection of child support by private child support collectors and requires those entities to take specified actions, including establishing a direct deposit account with the State Disbursement Unit and, within 2 business days from the date the funds are disbursed from the State Disbursement Unit to the private child support collector, if a portion of the funds constitute an obligor's fee, to notify the department of the portion of each collection that constitutes a fee. This bill would remove the requirement that a private child support collector establish a direct deposit account with the State Disbursement Unit and would remove the notification requirement. The bill, to the extent allowed by federal law, would require any payment required to be made to a family through the State Disbursement Unit under the state plan to be made directly to the resident parent, legal guardian, or caretaker relative who has custody of or responsibility for the child, judicially appointed conservator with a legal and fiduciary duty to the parent and child, or alternate caretaker, as defined. The bill would also remove requirements relating to the transfer of child support collection and distribution functions to the state, including a requirement that all child support collections remaining undisbursed, with interest earned on these funds, be transferred to the department for deposit in the Child Support Payment Trust Fund. (4) The Uniform Parentage Act authorizes a hearing or trial held under its provisions to be held in closed court without admittance of any person other than those necessary to the action or proceeding. Under the act, all papers and records, other than the final judgment, pertaining to an action or proceeding are subject to inspection and copying only in exceptional cases upon an order of the court for good cause shown, except as specified. This bill would authorize the papers and records relating to establishing paternity and establishing and enforcing child support orders in a proceeding under the act to be subject to inspection and copying by any local child support agency. (5) Existing law authorizes a trial court to, by local rule, require the electronic filing and service of documents in civil actions, subject to certain conditions. Existing law exempts, until January 1, 2019, a local child support agency from a trial court's mandatory electronic filing and service requirements, unless the Department of Child Support Services and the local child support agency determine it has the capacity and functionality to comply with those requirements. This bill would extend the above-described exemption for a local child support agency until January 1, 2021. (6) This bill would also make technical, nonsubstantive changes to these provisions. (7) This bill would declare that it is to take effect immediately as an urgency statute.
Bill status in committee 1 of 4 stages cleared
Introduction
Apr 2018
Committee Review
Floor Vote
Governor
Introduced Apr 10, 2018 Last action Aug 28, 2018
Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
15
Key actions
0
Committee
3
Amendments
1
Aug 17, 2018
Senate · Reported by committee
From committee: Do pass as amended. (Ayes 7. Noes 0. Page 5471.) (August 16).
Jun 14, 2018
Senate · Amendment adopted
Read second time and amended. Re-referred to Com. on APPR.
Jun 13, 2018
Senate · Reported by committee
From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0. Page 4641.) (June 12).
Apr 19, 2018
Senate · Referred to committee
Referred to Com. on JUD.
Apr 10, 2018
Senate · Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
0 primary · 0 co-sponsors

Sponsors

No sponsor information available.