California 2011-2012 Regular Session Status: Enacted

SB 647 — Civil law: omnibus bill.

Last action — Chaptered by Secretary of State. Chapter 308, Statutes of 2011.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 18, 2011. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

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 Text

Action History

  1. Chaptered by Secretary of State. Chapter 308, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2319.) Ordered to engrossing and enrolling.

  5. Ordered to special consent calendar.

  6. In Senate. Concurrence in Assembly amendments pending.

  7. Read third time. Passed. (Ayes 78. Noes 0. Page 2598.) Ordered to the Senate.

  8. Read second time. Ordered to consent calendar.

  9. Read second time and amended. Ordered to second reading.

  10. From committee: Do pass as amended. Ordered to consent calendar. (Ayes 17. Noes 0.) (August 17).

  11. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  12. Set, first hearing. Hearing canceled at the request of author.

  13. 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.

  14. 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.

  15. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  16. Referred to Coms. on JUD. and REV. & TAX.

  17. In Assembly. Read first time. Held at Desk.

  18. Read third time. Passed. (Ayes 38. Noes 0. Page 1141.) Ordered to the Assembly.

  19. Read second time. Ordered to consent calendar.

  20. From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar.

  21. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  22. Set for hearing May 23.

  23. Read second time and amended. Re-referred to Com. on APPR.

  24. 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).

  25. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  26. Set for hearing May 3.

  27. Re-referred to Com. on JUD.

  28. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  29. Referred to Com. on RLS.

  30. From printer. May be acted upon on or after March 22.

  31. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Committee on Judiciary · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Committee on Judiciary

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Special Consent #9 SB647 Committee on Jud.

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 37000
Republican 1000
Democratic 2000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Yea
Emmerson — Yea
Hancock — Yea
Harman — Yea
Huff — Yea
Kehoe — Yea
Runner — Yea
Lowenthal — Yea
Liu — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Cannella — Yea
De León — Yea
Fuller — Yea
Negrete McLeod — Yea
Correa — Yea
Pavley — Yea
Price — Yea
Wright — Yea
Rubio — Yea
Evans — Yea
Leno — Yea
Dutton — Yea
Vargas — Yea
Alquist — Yea
Anderson — Yea
Blakeslee — Yea
Hernandez — Yea
Lieu — Yea
Corbett — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

SB 647 JUD. Consent Calendar Second Day

Passed 78 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 75002
Democratic 1000
Total 78002
% of votes cast 98%0%0%3%
How each member voted (80)
Member Party Vote
Butler — Yea
Yamada — Yea
Feuer — Yea
Furutani — Yea
Gordon — Yea
John A. Pérez — Yea
Mitchell — Yea
Hagman — Yea
Halderman — Yea
Atkins — Yea
Hall — Yea
Campos — Yea
Hayashi — Yea
Hill — Yea
Huber — Yea
Carter — Yea
Portantino — Yea
Hueso — Yea
Huffman — Yea
Cedillo — Yea
Allen — Yea
Lara — Yea
Logue — Yea
Fong — Yea
Ammiano — Yea
Blumenfield — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Donnelly — Yea
Mendoza — Yea
Miller — Yea
Morrell — Yea
Nielsen — Yea
Norby — Yea
Pan — Yea
Perea — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Wagner — Yea
Wieckowski — Yea
Fletcher — Yea
Bonilla — Not Voting
Fuentes — Yea
Galgiani — Yea
Gatto — Yea
Gorell — Not Voting
Beall — Yea
Monning — Yea
Smyth — Yea
Achadjian — Yea
Alejo — Yea
Block — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Jeffries — Yea
Knight — Yea
Ma — Yea
Mansoor — Yea
Nestande — Yea
Olsen — Yea
Silva — Yea
Skinner — Yea
Valadao — Yea
Williams — Yea
Eng — Yea
Davis — Yea
Dickinson — Yea
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended, to Consent Calendar.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Hall — Yea
Fuentes — Yea
Gatto — Yea
Mitchell — Yea
Harkey — Yea
Campos — Yea
Hill — Yea
Davis — Yea
Lara — Yea
Norby — Yea
Solorio — Yea
Blumenfield — Yea
Bradford — Yea
Nielsen — Yea
Wagner — Yea
Donnelly — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Consent Calendar 2nd SB647 Committee on Jud.

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 35002
Republican 1000
Democratic 2000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Runner — Yea
Lowenthal — Yea
De León — Yea
Evans — Yea
Negrete McLeod — Yea
Fuller — Yea
Rubio — Yea
Cannella — Yea
Hernandez — Yea
Corbett — Yea
Correa — Yea
Anderson — Yea
Blakeslee — Yea
Dutton — Yea
Leno — Yea
Liu — Yea
Price — Yea
Simitian — Not Voting
Vargas — Yea
Wolk — Yea
Wright — Yea
Alquist — Yea
Harman — Yea
Huff — Yea
Kehoe — Yea
Lieu — Yea
Pavley — Yea
Steinberg — Yea
Walters — Yea
Wyland — Yea
Emmerson — Not Voting
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 647 do?
(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.
Who sponsors SB 647?
SB 647 is sponsored by Committee on Judiciary.
What is the current status of SB 647?
This bill has been enacted into law. Introduced February 18, 2011. Enacted.
Where can I track SB 647?
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