Bill Text

Bill Information


Add To My Favorites | print page

SB-1068 Family law: courts.(1993-1994)

SHARE THIS: share this bill in Facebook share this bill in Twitter
SB1068:v92#DOCUMENT

Senate Bill No. 1068
CHAPTER 876

An act to amend and repeal Sections 4384.5, 4390.3, 4390.10, 4390.14, 4700, and 4726 of, and to repeal Section 4706 of, the Civil Code, to amend Sections 683.130, 695.210, 695.220, and 697.320 of, to amend and repeal Sections 1697, 1698, and 1699 of, and to add Section 695.221 to, the Code of Civil Procedure, to amend Sections 2580, 3190, 3751, 4848, 4849, 4853, 5100, 5101, 5230, 5235, 5240, 5241, 5243, 5260, and 6343 of, to amend and renumber Section 6326 of, to add Section 4014 to, to add and repeal Sections 20024 and 20039 of, and to repeal Sections 5754 and 7712 of, the Family Code, to amend Sections 6159 and 68085 of the Government Code, to amend Section 4903 of the Labor Code, to amend Section 977 of the Penal Code, to amend Sections 408 and 3752.5 of, and to repeal Section 19001 of, the Revenue and Taxation Code, and to amend Sections 903, 903.5, and 11476 of, and to amend and repeal Sections 11478 and 11478.5 of, the Welfare and Institutions Code, relating to civil law, and declaring the urgency thereof, to take effect immediately.

[ Filed with Secretary of State  October 06, 1993. Approved by Governor  October 06, 1993. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 1068, Wright. Family law: courts.
(1)  Under existing law, a court may issue a stay of a wage assignment for child or spousal support only upon a prescribed finding of good cause.
This bill would reorganize and revise the grounds for staying such a wage assignment, including (a) making defined, alternative arrangements and (b) specified failure of the obligee to notify the obligor’s employer or agency making collection separate grounds. The bill would make related changes. The bill would also authorize a custodial parent receiving services under Title IV-D of the federal Social Security Act who is not the obligee of a support order to request the court to issue or modify such a wage assignment.
(2)  Existing law requires an employer that is withholding support from an employee’s wages for court-ordered support, to send the amounts withheld to the support obligee within 10 days of the date the obligor is paid.
This bill would require the employer to additionally report to the obligee the date on which the amount was withheld from the obligor’s wages.
(3)  Existing law authorizes registration of a support order made in this state or a foreign support order or foreign order for assignment of wages in the county where either the support obligor or the child resides.
This bill would also authorize registration of these orders in the county where the support obligee resides or any county where the obligor has income, assets, or property.
(4)  Existing law makes a foreign order for assignment of earnings subject to the same procedure for vacation of registration as a foreign support order.
This bill would delete this procedure as applied to foreign orders for assignment of earnings, and instead reference procedures that make these orders subject to a motion to quash under existing law.
(5)  Existing law specifies various requirements for child support orders.
This bill would require all child support orders to require the obligor and obligee to inform either the other parent or, if the order requires pay through an agency designated under Title IV-D of the Social Security Act, that agency, of the current employer.
(6)  Existing law requires the court to order health insurance coverage be maintained for a child for whom support has been ordered, by either or both parents if available at no cost or reasonable cost to the parent.
This bill would require all child support orders which are issued or modified to include a requirement that the obligor and obligee provide each other with specified health policy insurance information.
(7)  Existing law provides that a judgment for child or spousal support, including a judgment for reimbursement or other arrearages, is exempt from any requirement that judgments be renewed, and that a judgment for child or spousal support, including all lawful interest and penalties computed thereon, is enforceable until paid in full.
This bill would delete the latter provision, would expressly make the provision for nonrenewal of judgments applicable to certain judgments in favor of a county for aid provided for support and maintenance, provide that such a judgment may be renewed (although not required) by filing an application for renewal at any time if the judgment has not previously been renewed, or if the judgment has previously been renewed, at any time after 5 years has elapsed from the time the judgment was previously renewed.
The bill would also delete existing requirements for periodic renewal of a judgment lien with respect to a judgment for child, family, or spousal support payable in installments.
(8)  Under existing law, an order for modification or revocation of child support may include an award of attorney’s fees to the prevailing party upon a showing of the nonprevailing party’s ability to pay.
This bill would delete those provisions.
(9)  Under existing law, a child or family support order may be enforced by a writ of execution, without court approval, until 5 years after the child reaches the age of majority or thereafter for amounts not more than 10 years overdue. Under existing law, a spousal support order is enforceable by a writ of execution, without court approval for amounts not more than 10 years overdue.
This bill would instead make these orders enforceable, without court approval, for as long as the order is enforceable.
(10)  Existing law specifies the priorities for crediting satisfaction of a money judgment for child support.
This bill would make these provisions applicable to other types of judgments for support and would specify that when the judgment is payable in installments, amounts credited against unsatisfied principal shall be credited against matured installments in the order in which they matured. The bill would also revise priorities for crediting collections resulting from tax refund offsets and specified liens on workers’ compensation awards.
(11)  Under existing law, county assessors are required to disclose, furnish abstracts of, and provide access to all information in their offices, including nonpublic information in their files, to various specified persons and agencies.
This bill would impose a state-mandated local program by requiring assessors to additionally provide access to this information to the State Department of Social Services.
(12)  Existing law makes a parent of a minor, the estate of a parent, and the estate of the minor liable for support of the minor while placed, detained in, or committed to, any institution pursuant to specified provisions for temporary custody or pursuant to an order of the juvenile court. Existing law specifies that these charges may not include costs of incarceration, treatment, or supervision for the protection of society or rehabilitation of the minor, but specifies that this limitation does not preclude the district attorney from seeking reimbursement of those costs in a child support order.
This bill would specify that the statewide child support guidelines are rebuttably presumed to be the correct amount of this support. The bill would impose a state-mandated local program by providing that any excess child support be held by the county in trust for the child or, if approved by the caseworker or probation officer, paid directly to the child. The bill would also revise procedural provisions respecting recovery of costs of out-of-home placements of dependent children and wards of the juvenile court. By requiring counties to designate a financial evaluation officer to make financial evaluations of prescribed parental liability, the bill would impose a state-mandated local program.
(13)  Under existing law, district attorneys are required to investigate and obtain child or spousal support, in cases of nonsupport and where paternity is not established, if prescribed public assistance, including Medi-Cal benefits, is being provided.
This bill would specify that the district attorney shall provide child and spousal support assistance where only Medi-Cal benefits are being provided, unless the recipient of the services notifies the district attorney that only assistance in obtaining Medi-Cal benefits is requested.
(14)  Existing law requires state, county, and local agencies to cooperate with, and make location, property, and income information available to, district attorneys and the California Parent Locator Service in connection with recovery of minor children, location of parents or putative parents, and enforcement of spousal and child support.
This bill would require this cooperation and information to be provided additionally to the State Department of Social Services’ Statewide Automated Child Support System to the extent authorized by law. By making these requirements applicable to local agencies, the bill would impose a state-mandated local program. The bill would make related changes, would authorize the California Parent Locator Service and Central Registry to obtain information from specified sources in addition to the federal Parent Locator Service. The bill would give the Statewide Automated Child Support System the same access to information as the California Parent Locator Service and would give the Statewide Automated Child Support System access to criminal record information where permitted by law.
(15)  The bill would incorporate changes made by Chapter 301 of the Statutes of 1993 relating to domestic violence and conform those changes to the enactment of the Family Code. The bill would incorporate changes made by Chapter 158 of the Statutes of 1993 relating to courts that were chaptered out by Chapter 219 of the Statutes of 1993. The bill would also make technical changes to other provisions to conform to the enactment of the Family Code.
(16)  The bill would incorporate additional changes in Section 408 of the Revenue and Taxation Code, proposed by SB 143, to be operative only if SB 143 and this bill are both chaptered and become effective on or before January 1, 1994, and this bill is chaptered last. These changes would become operative on the operative date of SB 143. (17)  The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates which do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000.
This bill would provide that, if the Commission on State Mandates determines that this bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to those statutory procedures and, if the statewide cost does not exceed $1,000,000, shall be made from the State Mandates Claims Fund. (18)  The bill would declare that it is to take effect immediately as an urgency statute.

The people of the State of California do enact as follows:


SECTION 1.

 Section 4384.5 of the Civil Code is amended to read:

4384.5.
 (a)  Notwithstanding subdivision (b) or any other provision of law, a judgment for child support, spousal support, or family support, or a judgment for reimbursement arising under Section 11350 of the Welfare and Institutions Code or for arrearages, and including all lawful interest and penalties computed thereon, is exempt from any requirement that judgments be renewed and is enforceable until paid in full.
(b)  Any judgment for child support, spousal support, or family support, or a judgment for reimbursement arising under Section 11350 of the Welfare and Institutions Code or for arrearages, and including all lawful interest computed thereon, may optionally be renewed by filing an application for renewal of the judgment in the manner specified in Article 2 (commencing with Section 683.110) of Chapter 3 of Division 1 of Title 9 of Part 2 of the Code of Civil Procedure.
(c)  This section shall remain effective only until the date the Family Code, as added by Chapter 162 of the Statutes of 1992, becomes operative and on that date is repealed.

SEC. 2.

 Section 4390.3 of the Civil Code is amended to read:

4390.3.
 (a)  On and after July 1, 1990, whenever the court orders either party to pay any amount of support or orders a modification of the amount of support to be paid, the court shall also order the obligor to assign to an obligee that portion of his or her earnings due or to be due in the future as will be sufficient to pay the amount ordered by the court for support and shall include an amount to be paid toward the liquidation of any arrearage. The court shall include a wage assignment order in any order or judgment establishing or modifying support. Upon the filing and service of a notice of motion or order to show cause with the supporting application, an obligee or custodial parent receiving services under Title IV-D of the federal Social Security Act may request the court to issue a wage assignment to enforce an existing support order or to modify an existing wage assignment order.
(b)  All orders for wage assignment entered pursuant to this section shall be effective upon compliance with the procedures set forth in Section 4390.8, unless stayed pursuant to subdivision (c).
(c)  The court may order that service of the wage assignment be stayed only if the court makes a finding of good cause or if an alternative arrangement exists for payment in accordance with paragraph (2). Notwithstanding any other provision of law, service of wage assignments issued for foreign orders for support, and service of foreign orders for the assignment of wages registered pursuant to Chapter 3 (commencing with Section 1670) of Title 10a of Part 3 of the Code of Civil Procedure, shall not be stayed pursuant to this subdivision. For purposes of this subdivision, good cause or an alternative arrangement for staying a wage assignment are as follows:
(1)  Good cause for staying a wage assignment exists only when all of the following conditions exist:
(A)  The court provides a written explanation of why the stay of the wage assignment would be in the best interests of the child.
(B)  The obligor has a history of uninterrupted, full, and timely payment, other than through a wage assignment or other mandatory process of previously ordered support, during the previous 12 months.
(C)  The obligor does not owe an arrearage for prior support.
(D)  The obligor proves, and the court finds, by clear and convincing evidence that service of the wage assignment would cause extraordinary hardship upon the obligor. Whenever possible, the court shall specify a date that any stay ordered under this section will automatically terminate.
(2)  An alternative arrangement for staying a wage assignment order shall require a written agreement between the parties that provides for payment of the support obligation as ordered other than through the immediate service of a wage assignment. Any agreement between the parties which includes the staying of a service of a wage assignment shall include the concurrence of the district attorney in any case in which support is ordered to be paid through a county officer designated for that purpose. The execution of an agreement pursuant to this paragraph shall not preclude a party from thereafter seeking a wage assignment in accordance with the procedures specified in Section 4390.4 upon violation of the agreement.
This section shall remain effective only until the date the Family Code, as added by Chapter 162 of the Statutes of 1992, becomes operative, and on that date is repealed.

SEC. 3.

 Section 4390.10 of the Civil Code is amended to read:

4390.10.
 (a)  The employer shall continue to withhold and forward support as ordered by the court until served with notice terminating the wage assignment order.
(b)  The employer shall send the amounts withheld to the obligee within 10 days of the date the obligor is paid and shall report to the obligee the date on which the amount was withheld from the obligor’s wages.
(c)  The employer may deduct from the earnings of the employee the sum of one dollar ($1) for each payment made pursuant to the order.
(d)  An employer who willfully fails to withhold and forward support pursuant to a currently valid order entered and served upon the employer pursuant to this chapter is liable to the obligee for the amount of support not withheld, forwarded, or otherwise paid to the obligee. In addition to any other penalty or liability provided by law, willful failure by an employer to comply with such an order is punishable as a contempt pursuant to Section 1218 of the Code of Civil Procedure.
(e)  Service of the wage assignment creates a lien on the earnings of the employee and the property of the employer to the same extent as the service of an earnings withholding order as provided in Section 706.029 of the Code of Civil Procedure.
(f)  This section shall remain effective only until the Family Code, as added by Chapter 162 of the Statutes of 1992, becomes operative and on that date is repealed.

SEC. 4.

 Section 4390.14 of the Civil Code is amended to read:

4390.14.
 Upon the filing and service of a motion and a notice of motion by the obligor, the court shall terminate the service of an order of assignment if past due support has been paid in full, including any interest due, and if one of the following conditions exists:
(a)  With regards to orders for spousal support, the death or remarriage of the spouse to whom support is owed.
(b)  With regards to orders for child support, the death or emancipation of the child for whom support is owed.
(c)  The court determines that there is good cause, as defined in Section 4390.3, to terminate the assignment. This subdivision does not apply if there has been more than one application for a wage assignment.
(d)  The obligor meets the conditions of an alternative arrangement specified in paragraph (2) of subdivision (c) of Section 4390.3, and the wage assignment has not been previously terminated and subsequently reinitiated.
(e)  There is no longer a current order for support.
(f)  The termination of the stay of a wage assignment under Section 4390.4 was improper, but only if that termination was based upon the obligor’s failure to make timely support payments as described in subdivision (b) of Section 4390.4.
(g)  The employer or agency designated to provide services under Title IV-D of the Social Security Act is unable to deliver payment for a period of six months due to the failure of the obligee to notify that employer or agency of a change in the obligee’s address.
(h)  This section shall remain effective only until the date the Family Code, as added by Chapter 162 of the Statutes of 1992, becomes operative and on that date is repealed.

SEC. 5.

 Section 4700 of the Civil Code is amended to read:

4700.
 (a)  In any proceeding where there is at issue the support of a minor child or a child for whom support is authorized under Section 206, the court may order either or both parents to pay any amount necessary for the support, maintenance, and education of the child. At the request of either party, the court shall make appropriate findings with respect to the circumstances on which the order for the support of a minor child is based. Upon a showing of good cause, the court may order the parent or parents required to make the payment of support to give reasonable security therefor. All payments of support shall be made by the person owing the support payment prior to the payment of any debts owing to creditors. Any order for child support may be modified or revoked as the court may deem necessary, except as to any amount that may have accrued prior to the date of the filing of the notice of motion or order to show cause to modify or revoke. Any order for child support issued or modified pursuant to this chapter shall include a provision requiring the obligor and child support obligee to notify the other parent or, if the order requires payment through an agency designated under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the agency named in the order, of the name and address of the obligor’s current employer. The Judicial Council shall modify the support order form to inform the obligor of this obligation. Any order for child support, as well as any order of modification or revocation of such an order, may be made retroactive to the date of the filing of the notice of motion or order to show cause therefor, or to any subsequent date, except as may otherwise be prescribed by federal law (42 U.S.C. Sec. 666(a)(9)).
(b)  The court may order financial compensation for periods when a parent fails to assume the caretaker responsibility, or when a parent has been thwarted by the other parent when attempting to exercise visitation or custody rights, contemplated by a custody or visitation order entered pursuant to this part, including, but not limited to, an order for joint physical custody or by a written or oral agreement between the parents. The compensation shall be limited to (1) the reasonable expenses incurred for, or on behalf of, a child, resulting from the other parent’s failure to assume his or her caretaker responsibility or (2) reasonable expenses incurred by a parent for or on behalf of a child resulting from the other parent’s thwarting his or her efforts to exercise visitation or custody rights. These expenses may include the value of caretaker services, but are not limited to the cost of services provided by a third party during the relevant period.
The compensation may be requested by noticed motion or an order to show cause and shall allege, under penalty of perjury, a minimum of one hundred dollars ($100) of expenses so incurred or, at least three occurrences of failure to exercise visitation or custody rights or at least three occurrences of the thwarting of efforts to exercise visitation or custody rights within the six months prior to filing of the motion or order.
Attorney’s fees shall be awarded to the prevailing party, upon a showing of the nonprevailing party’s ability to pay.
(c)  When a court orders a person to make specified payments for support of a child during the child’s minority, or until the child is married or otherwise emancipated, or until the death of, or the occurrence of a specified event as to, a child for whom support is authorized under Section 206, the liability of the person ordered to pay support terminates upon the happening of the contingency. If the custodial parent or other person having physical custody of the child, to whom payments are to be made, fails to notify the person ordered to make those payments, or the attorney of record of the person ordered to pay support, of the happening of the contingency, and continues to accept support payments, the person shall refund any and all moneys received which accrued after the happening of the contingency, except that the overpayments shall first be applied to any and all support payments which are then in default. The court may, in the original order for support, order the custodial parent or other person to whom payments are to be made to notify the person ordered to make the payments, or his or her attorney of record, of the happening of the contingency.
(d)  In the event obligations for support of a child are discharged in bankruptcy, the court may make all proper orders for the support, maintenance and education of the child, as the court may deem just.
(e)  This section shall become operative January 1, 1993.
(f)  This section shall remain effective only until the date the Family Code, as added by Chapter 162 of the Statutes of 1992, becomes operative and on that date is repealed.

SEC. 6.

 Section 4706 of the Civil Code is repealed.

SEC. 7.

 Section 4726 of the Civil Code is amended to read:

4726.
 (a)  (1)  The court shall require that health insurance coverage for the supported children shall be maintained by either or both parents if that insurance is available at no cost or at reasonable cost to the parent or parents. In cases in which the court determines that health insurance coverage is not available at no or reasonable cost, the court’s order for support shall contain a provision which specifies that health insurance coverage shall be obtained if it becomes available at no or reasonable cost. Upon health insurance coverage at no or reasonable cost becoming available to the parent or parents, the parent or parents shall apply for that coverage.
(2)  The court shall generally consider health insurance coverage to be reasonable in cost if it is employment-related group health insurance or other group health insurance, regardless of the service delivery mechanism. If the court determines that the cost of health insurance coverage is not reasonable, the court shall state its reasons on the record.
(3)  As used in this section “health insurance coverage” includes vision care and dental care coverage whether the vision care or dental care coverage is part of existing health insurance coverage or is issued as a separate policy or plan. “Health insurance coverage” also includes provision for the delivery of health care services by a fee for service, health maintenance organization, preferred provider organization, or any other type of health care delivery system under which medical services could be provided to the dependent child or children of an absent parent.
(b)  Where the district attorney has been designated as the assigned payee for child support, the court shall order the parent or parents to notify the district attorney upon applying for and obtaining health insurance coverage for the child within a reasonable period of time.
The district attorney shall obtain a completed medical form from the parent or parents in accordance with Section 11490 of the Welfare and Institutions Code and shall forward the completed form to the State Department of Health Services.
(c)  In those cases where the district attorney is providing medical support enforcement services, the district attorney shall provide the parent or person having custody of the child or children with information pertaining to the health insurance policy which has been secured for that child or children.
(d)  This section is applicable in all cases, irrespective of whether the support award made is based on the mandatory minimum schedule or a higher amount based on a state or county schedule.
(e)  A child support order issued or modified pursuant to this chapter shall include a provision requiring the child support obligor to keep the obligee informed of whether the obligor has health insurance made available through the obligor’s employer or has other group health insurance and, if so, the health insurance policy information. The support obligee under a child support order shall inform the support obligor of whether the obligee has health insurance made available through the employer or other group health insurance and, if so, the health insurance policy information. The Judicial Council shall modify the health insurance assignment form to notify child support obligors of the requirements of this subdivision and of subdivision (b).
This section shall remain effective only until the date the Family Code, as added by Chapter 162 of the Statutes of 1992, becomes operative and on that date is repealed.

SEC. 8.

 Section 683.130 of the Code of Civil Procedure is amended to read:

683.130.
 (a)  In the case of a lump-sum money judgment or a judgment for possession or sale of property, the application for renewal of the judgment may be filed at any time before the expiration of the 10-year period of enforceability provided by Section 683.020 or, if the judgment is a renewed judgment, at any time before the expiration of the 10-year period of enforceability of the renewed judgment provided by Section 683.120.
(b)  Except as otherwise specified in subdivision (c), in the case of a money judgment payable in installments, the application for renewal of the judgment may be filed:
(1)  If the judgment has not previously been renewed, at any time as to past due amounts that at the time of filing are not barred by the expiration of the 10-year period of enforceability provided by Sections 683.020 and 683.030.
(2)  If the judgment has previously been renewed, within the time specified by subdivision (a) as to the amount of the judgment as previously renewed and, as to any past due amounts that became due and payable after the previous renewal, at any time before the expiration of the 10-year period of enforceability provided by Sections 683.020 and 683.030.
(c)  (1)  Notwithstanding any other provision of law, a judgment for child support, spousal support, or family support, or a judgment for reimbursement that includes, but is not limited to, reimbursement arising under Section 11350 of the Welfare and Institutions Code or other arrearages, and including all lawful interest and penalties computed thereon, is exempt from any requirement that judgments be renewed. A judgment for child, spousal, or family support, or a judgment for reimbursement or other arrearages, and including all lawful interest and penalties computed thereon, is enforceable until paid in full.
(2)  In the case of a money judgment whether payable in installments or not, for the payment of child support, spousal support, or family support, or for reimbursement or arrearages, and including all lawful interest computed thereon, an application for renewal of the judgment may be filed:
(A)  If the judgment has not previously been renewed as to past due amounts, at any time.
(B)  If the judgment has previously been renewed, the amount of the judgment as previously renewed and any past due amount that became due and payable after the previous renewal may be renewed at any time after five years has elapsed from the time the judgment was previously renewed.

SEC. 9.

 Section 695.210 of the Code of Civil Procedure is amended to read:

695.210.
 The amount required to satisfy a money judgment is the total amount of the judgment as entered or renewed with the following additions and subtractions:
(a)  The addition of costs added to the judgment pursuant to Section 685.090.
(b)  The addition of interest added to the judgment as it accrues pursuant to Sections 685.010 to 685.030, inclusive.
(c)  The subtraction of the amount of any partial satisfactions of the judgment.
(d)  The subtraction of the amount of any portion of the judgment that is no longer enforceable.

SEC. 10.

 Section 695.220 of the Code of Civil Procedure is amended to read:

695.220.
 Money received in satisfaction of a money judgment, except a money judgment for support, shall be credited as follows:
(a)  The money shall first be credited against the amounts described in subdivision (b) of Section 685.050 that are collected by the levying officer.
(b)  Any remaining money shall next be credited against any fees due the court pursuant to Section 6103.5 of the Government Code, which are to be remitted to the court by the levying officer.
(c)  Any remaining money shall next be credited against the accrued interest that remains unsatisfied.
(d)  Any remaining money shall be credited against the principal amount of the judgment remaining unsatisfied. If the judgment is payable in installments, the remaining money shall be credited against the matured installments in the order in which they matured.

SEC. 11.

 Section 695.221 is added to the Code of Civil Procedure, to read:

695.221.
 Satisfaction of a money judgment for support shall be credited as follows:
(a)  The money shall first be credited against the current month’s support.
(b)  Any remaining money is next to be credited against the accrued interest that remains unsatisfied.
(c)  Any remaining money shall be credited against the principal amount of the judgment remaining unsatisfied. If the judgment is payable in installments, the remaining money shall be credited against the matured installments in the order in which they matured.
(d)  Notwithstanding subdivisions (b) and (c), a collection received as a result of a tax refund offset shall first be credited against the interest and then the principal amount of past due support that has been assigned to the state pursuant to Section 11350 of the Welfare and Institutions Code and federal regulations prior to the interest and then principal amount of any other past-due support remaining unsatisfied.
(e)  Notwithstanding subdivisions (b) and (c), a collection received as a result of a lien on a workers’ compensation award shall be credited as provided in subdivision (e) of Section 4903 of the Labor Code.

SEC. 12.

 Section 697.320 of the Code of Civil Procedure is amended to read:

697.320.
 (a)  A judgment lien on real property is created under this section by recording an abstract or a certified copy of any of the following money judgments with the county recorder:
(1)  A judgment for child, family, or spousal support payable in installments.
(2)  A judgment entered pursuant to Section 667.7 (judgment against health care provider requiring periodic payments).
(b)  Unless the money judgment is satisfied or the judgment lien is released, a judgment lien created under paragraph (1) of subdivision (a) continues during the period the judgment remains enforceable. Unless the money judgment is satisfied or the judgment lien is released, a judgment lien created under paragraph (2) of subdivision (a) continues for a period of 10 years from the date of its creation. The duration of a judgment lien created under paragraph (2) of subdivision (a) may be extended any number of times by recording during the time the judgment lien is in existence a certified copy of the judgment in the manner provided in this section for the initial recording; this rerecording has the effect of extending the duration of the judgment lien created under paragraph (2) of subdivision (a) until 10 years from the date of the rerecording.

SEC. 13.

 Section 1697 of the Code of Civil Procedure is amended to read:

1697.
 (a)  If the duty of support is based on a foreign support order, the obligee has the additional remedies provided in Sections 1698 to 1699, inclusive.
(b)  A support order made in this state may also be registered pursuant to Sections 1698 to 1699, inclusive, in any county in which either the obligor, the obligee, or the child who is the subject of the order resides, or in any county in which the obligor has income, assets, or property.
(c)  This section shall remain effective only until the date the Family Code, as added by Chapter 162 of the Statutes of 1992, becomes operative and on that date is repealed.

SEC. 14.

 Section 1698 of the Code of Civil Procedure is amended to read:

1698.
 The obligee may register a foreign support order or a foreign order for the assignment of wages for support in a court of this state in the manner, with the effect, and for the purposes provided in this chapter. These orders may be registered in any county in which the obligor, the obligee, or the child who is the subject of the order resides, or in any county in which the obligor has income, assets, or property.
This section shall remain effective only until the date the Family Code, as added by Chapter 162 of the Statutes of 1992, becomes operative and on that date is repealed.

SEC. 15.

 Section 1699 of the Code of Civil Procedure is amended to read:

1699.
 (a)  Except as specified in this section, upon registration the registered foreign support order shall be treated in the same manner as a support order issued by a court of this state. It has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a support order of this state and may be enforced and satisfied in like manner.
(b)  The obligor has 20 days after the mailing or other service of notice of the registration of a foreign order of support in which to file a noticed motion requesting the court to vacate the registration or for other relief. In an action under this section there shall be no joinder of actions, coordination of actions, or cross- complaints and the claims or defenses shall be limited strictly to the identity of the obligor, the validity of the underlying foreign support order, or the accuracy of the obligee’s statement of the amount of support remaining unpaid unless the amount has been previously established by a judgment or order. The obligor shall serve a copy of the motion, personally or by first-class mail, on the office of the district attorney, private attorney representing the obligee, or obligee representing himself or herself who filed the request for registration of the order, not less than 15 days prior to the date on which the motion is to be heard. If service is by mail, Section 1013 applies. If the obligor does not file the motion within 20 days, the registered foreign support order and all other documents filed pursuant to subdivision (a) of Section 1698.3 are confirmed.
(c)  At the hearing on the motion to vacate registration of the order, the obligor may present only matters that would be available to the obligor as defenses in an action to enforce a support judgment. If the obligor shows and the court finds that an appeal from the order is pending or that a stay of execution has been granted the court shall stay enforcement of the order until the appeal is concluded, the time for appeal has expired, or the order is vacated, upon satisfactory proof that the obligor has furnished security for payment of the support ordered as required by the rendering state. If the obligor shows and the court finds any ground upon which enforcement of a support order of this state may be stayed the court shall stay enforcement of the order for an appropriate period if the obligor furnishes the same security for payment of the support ordered that is required for a support order of this state.
(d)  Registration of an out-of-state order for the sole purpose of interstate wage withholding shall not confer jurisdiction on the court for any purpose other than income withholding.
(e)  After registration, a foreign order for the assignment of wages or other earnings for support shall be treated for all purposes in the same manner as an order for assignment of earnings entered pursuant to Chapter 5 (commencing with Section 4390) of Title 1.5 of Part 5 of Division 4 of the Civil Code or, on and after January 1, 1994, Article 3 (commencing with Section 4820) of Chapter 6 of Part 5 of Division 9 of the Family Code. The registered foreign order for assignment of wages shall be served upon the obligor’s employer and the obligor shall be sent, by first-class mail, a copy of the foreign assignment order at the same time that the employer is served with the notice. The obligor may move to quash the assignment in accordance with Section 4390.9 of the Civil Code or, on and after January 1, 1994, Section 5270 of the Family Code.
(f)  This section shall remain in effect only until the date the Family Code, as added by Chapter 162 of the Statutes of 1992, becomes operative and on that date is repealed.

SEC. 15.2.

 Section 2580 of the Family Code, as added by Section 111.6 of Chapter 219 of the Statutes of 1993, is amended to read:

2580.
 The Legislature hereby finds and declares as follows:
(a)  It is the public policy of this state to provide uniformly and consistently for the standard of proof in establishing the character of property acquired by spouses during marriage in joint title form, and for the allocation of community and separate interests in that property between the spouses.
(b)  The methods provided by case and statutory law have not resulted in consistency in the treatment of spouses’ interests in property they hold in joint title, but rather, have created confusion as to which law applies to property at a particular point in time, depending on the form of title, and, as a result, spouses cannot have reliable expectations as to the characterization of their property and the allocation of the interests therein, and attorneys cannot reliably advise their clients regarding applicable law.
(c)  Therefore, a compelling state interest exists to provide for uniform treatment of property. Thus, former Sections 4800.1 and 4800.2 of the Civil Code, as operative on January 1, 1987, and as continued in Sections 2581 and 2640 of this code, apply to all property held in joint title regardless of the date of acquisition of the property or the date of any agreement affecting the character of the property, and those sections apply in all proceedings commenced on or after January 1, 1984. However, those sections do not apply to property settlement agreements executed before January 1, 1987, or proceedings in which judgments were rendered before January 1, 1987, regardless of whether those judgments have become final.

SEC. 15.4.

 Section 3190 of the Family Code, as amended by Section 1 of Chapter 301 of the Statutes of 1993, is amended to read:

3190.
 (a)   The court may require parents involved in a custody or visitation dispute, and the minor child, to participate in outpatient counseling with a licensed mental health professional, or through other community programs and services that provide appropriate counseling, including, but not limited to, mental health or substance abuse services, for not more than one year, provided that the program selected has counseling available for the designated period of time, if the court finds both of the following:
(1)  The dispute between the parents or between a parent and the child poses a substantial danger to the best interest of the child.
(2)  The counseling is in the best interest of the child.
(b)  Where there has been a history of abuse by either parent against the child or by one parent against the other parent, and a protective order is in effect, the court may order the parties to participate in counseling separately and at separate times. Each party shall bear the cost of his or her own counseling separately, unless good cause is shown for a different apportionment. The costs associated with a minor child participating in counseling shall be apportioned in accordance with Section 4062.
(c)  The court, in its finding, shall set forth reasons why it has found both of the following:
(1)  The dispute poses a substantial danger to the best interest of the child and the counseling is in the best interest of the child.
(2)  The financial burden created by the court order for counseling does not otherwise jeopardize a party’s other financial obligations.
(d)  The court shall not order the parties to return to court upon the completion of counseling. Either party may file a new order to show cause or motion after counseling has been completed, and the court may again order counseling consistent with this chapter.

SEC. 16.

 Section 3751 of the Family Code is amended to read:

3751.
 (a)  (1)  Support orders issued or modified pursuant to this chapter shall include a provision requiring the child support obligor to keep the agency designated under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.) informed of whether the obligor has health insurance coverage at reasonable cost and, if so, the health insurance policy information.
(2)  The court shall require that health insurance coverage for a supported child shall be maintained by either or both parents if that insurance is available at no cost or at reasonable cost to the parent. The court shall generally consider health insurance coverage to be reasonable in cost if it is employment-related group health insurance or other group health insurance, regardless of the service delivery mechanism. If the court determines that the cost of health insurance coverage is not reasonable, the court shall state its reasons on the record.
(b)  If the court determines that health insurance coverage is not available at no or reasonable cost, the court’s order for support shall contain a provision that specifies that health insurance coverage shall be obtained if it becomes available at no or reasonable cost. Upon health insurance coverage at no or reasonable cost becoming available to a parent, the parent shall apply for that coverage.

SEC. 17.

 Section 3752.5 is added to the Family Code, to read:

3752.5.
 A child support order issued or modified pursuant to this division shall include a provision requiring the child support obligor to keep the obligee informed of whether the obligor has health insurance made available through the obligor’s employer or has other group health insurance and, if so, the health insurance policy information. The support obligee under a child support order shall inform the support obligor of whether the obligee has health insurance made available through the employer or other group health insurance and, if so, the health insurance policy information. The Judicial Council shall modify the form of the order for health insurance coverage (family law) to notify child support obligors of the requirements of this section and of Section 3752.

SEC. 18.

 Section 4014 is added to the Family Code, to read:

4014.
 Any order for child support issued or modified pursuant to this chapter shall include a provision requiring the obligor and child support obligee to notify the other parent or, if the order requires payment through an agency designated under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the agency named in the order, of the name and address of his or her current employer. The Judicial Council shall modify the forms for an order requiring or changing child support to inform the obligor of this obligation.

SEC. 19.

 Section 4848 of the Family Code is amended to read:

4848.
 (a)  If the duty of support is based on a foreign support order, the obligee has the additional remedies provided in Sections 4849 to 4853, inclusive.
(b)  A support order made in this state may also be registered pursuant to Sections 4849 to 4853, inclusive, in any county in which the obligor, the obligee, or the child who is the subject of the order resides, or in any county in which the obligor has income, assets, or property.

SEC. 20.

 Section 4849 of the Family Code, as amended by Section 151 of Chapter 219 of the Statutes of 1993, is amended to read:

4849.
 The obligee may register a foreign support order in a court of this state in the manner, with the effect, and for the purposes provided in this article. These orders may be registered in any county in which the obligor, the obligee, or the child who is the subject of the order resides, or in any county in which the obligor has income, assets, or property.

SEC. 20.5.

 Section 4853 of the Family Code, as amended by Section 152 of Chapter 219 of the Statutes of 1993, is amended to read:

4853.
 (a)  Except as specified in this section, upon registration, the registered foreign support order shall be treated in the same manner as a support order issued by a court of this state. It has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a support order of this state and may be enforced and satisfied in like manner.
(b)  The obligor has 20 days after the mailing or other service of notice of the registration of a foreign order of support in which to file a noticed motion requesting the court to vacate the registration or for other relief. In an action under this section, there shall be no joinder of actions, coordination of actions, or cross-complaints, and the claims or defenses shall be limited strictly to the identity of the obligor, the validity of the underlying foreign support order, or the accuracy of the obligee’s statement of the amount of support remaining unpaid unless the amount has been previously established by a judgment or order. The obligor shall serve a copy of the motion, personally or by first-class mail, on the office of the district attorney, private attorney representing the obligee, or obligee representing himself or herself who filed the request for registration of the order, not less than 15 days prior to the date on which the motion is to be heard. If service is by mail, Section 1013 of the Code of Civil Procedure applies. If the obligor does not file the motion within 20 days, the registered foreign support order and all other documents filed pursuant to subdivision (a) of Section 4852 are confirmed.
(c)  At the hearing on the motion to vacate the registration of the order, the obligor may present only matters that would be available to the obligor as defenses in an action to enforce a support judgment. If the obligor shows and the court finds that an appeal from the order is pending or that a stay of execution has been granted, the court shall stay enforcement of the order until the appeal is concluded, the time for appeal has expired, or the order is vacated, upon satisfactory proof that the obligor has furnished security for payment of the support ordered as required by the rendering state. If the obligor shows and the court finds any ground upon which enforcement of a support order of this state may be stayed, the court shall stay enforcement of the order for an appropriate period if the obligor furnishes the same security for payment of the support ordered that is required for a support order of this state.
(d)  Registration of an out-of-state order for the sole purpose of interstate wage withholding does not confer jurisdiction on the court for any purpose other than income withholding.
(e)  After registration, a foreign order for the assignment of wages or other earnings for support shall be treated for all purposes in the same manner as an order for assignment of earnings entered pursuant to Chapter 5 (commencing with Section 4390) of Title 1.5 of Part 5 of Division 4 of the Civil Code or, on and after January 1, 1994, this article. The registered foreign order for assignment of wages shall be served upon the obligor’s employer and the obligor shall be sent, by first-class mail, a copy of the foreign assignment order at the same time that the employer is served with the notice. The obligor may move to quash the assignment in accordance with Section 4390.9 of the Civil Code or, on and after January 1, 1994, Section 5270.

SEC. 21.

 Section 5100 of the Family Code is amended to read:

5100.
 Notwithstanding Section 290, a child or family support order may be enforced by a writ of execution without prior court approval as long as the support order remains enforceable.

SEC. 22.

 Section 5101 of the Family Code is amended to read:

5101.
 Notwithstanding Section 290, a spousal support order may be enforced by a writ of execution without prior court approval as long as the support order remains enforceable.

SEC. 22.5.

 Section 5230 of the Family Code is amended to read:

5230.
 (a)  When the court orders a party to pay an amount for support or orders a modification of the amount of support to be paid, the court shall include in its order an earnings assignment order for support that orders the employer of the obligor to pay to the obligee that portion of the obligor’s earnings due or to become due in the future as will be sufficient to pay an amount to cover both of the following:
(1)  The amount ordered by the court for support.
(2)  An amount which shall be ordered by the court to be paid toward the liquidation of any arrearage.
(b)  Upon the filing and service of a notice of motion or order to show cause with the supporting application, an obligee or custodial parent receiving services under Title IV-D of the Social Security Act may request the court to issue an earnings assignment order for support to enforce a support order made or modified before July 1, 1990, including any arrearages, or to modify the support order.

SEC. 23.

 Section 5235 of the Family Code is amended to read:

5235.
 (a)  The employer shall continue to withhold and forward support as required by the assignment order until served with notice terminating the assignment order.
(b)  The employer shall send the amounts withheld to the obligee within 10 days of the date the obligor is paid and shall report to the obligee the date on which the amount was withheld from the obligor’s wages.
(c)  The employer may deduct from the earnings of the employee the sum of one dollar ($1) for each payment made pursuant to the order.

SEC. 24.

 Section 5240 of the Family Code is amended to read:

5240.
 Upon the filing and service of a motion and a notice of motion by the obligor, the court shall terminate the service of an assignment order if past due support has been paid in full, including any interest due, and if any of the following conditions exist:
(a)  With regard to orders for spousal support, the death or remarriage of the spouse to whom support is owed.
(b)  With regard to orders for child support, the death or emancipation of the child for whom support is owed.
(c)  The court determines that there is good cause, as defined in Section 5260, to terminate the assignment order. This subdivision does not apply if there has been more than one application for an assignment order.
(d)  The obligor meets the conditions of an alternative arrangement specified in paragraph (2) of subdivision (b) of Section 5260, and a wage assignment has not been previously terminated and subsequently initiated.
(e)  There is no longer a current order for support.
(f)  The termination of the stay of an assignment order under Section 5261 was improper, but only if that termination was based upon the obligor’s failure to make timely support payments as described in subdivision (b) of Section 5261.
(g)  The employer or agency designated to provide services under Title IV-D of the Social Security Act is unable to deliver payment for a period of six months due to the failure of the obligee to notify that employer or agency of a change in the obligee’s address.

SEC. 25.

 Section 5241 of the Family Code is amended to read:

5241.
 (a)  An employer who willfully fails to withhold and forward support pursuant to a currently valid assignment order entered and served upon the employer pursuant to this chapter is liable to the obligee for the amount of support not withheld, forwarded, or otherwise paid to the obligee.
(b)  In addition to any other penalty or liability provided by law, willful failure by an employer to comply with an assignment order is punishable as a contempt pursuant to Section 1218 of the Code of Civil Procedure.

SEC. 26.

 Section 5243 of the Family Code is amended to read:

5243.
 An assignment order for support has priority as against any attachment, execution, or other assignment as specified in Section 706.031 of the Code of Civil Procedure.

SEC. 27.

 Section 5260 of the Family Code is amended to read:

5260.
 (a)  The court may order that service of the assignment order be stayed only if the court makes a finding of good cause or if an alternative arrangement exists for payment in accordance with paragraph (2) of subdivision (b). Notwithstanding any other provision of law, service of wage assignments issued for foreign orders for support, and service of foreign orders for the assignment of wages registered pursuant to Article 3 (commencing with Section 4820) of Chapter 6 shall not be stayed pursuant to this subdivision.
(b)  For purposes of this section, good cause or an alternative arrangement for staying an assignment order is as follows:
(1)  Good cause for staying a wage assignment exists only when all of the following conditions exist:
(A)  The court provides a written explanation of why the stay of the wage assignment would be in the best interests of the child.
(B)  The obligor has a history of uninterrupted, full, and timely payment, other than through a wage assignment or other mandatory process of previously ordered support, during the previous 12 months.
(C)  The obligor does not owe an arrearage for prior support.
(D)  The obligor proves, and the court finds, by clear and convincing evidence that service of the wage assignment would cause extraordinary hardship upon the obligor. Whenever possible, the court shall specify a date that any stay ordered under this section will automatically terminate.
(2)  An alternative arrangement for staying a wage assignment order shall require a written agreement between the parties that provides for payment of the support obligation as ordered other than through the immediate service of a wage assignment. Any agreement between the parties which includes the staying of a service of a wage assignment shall include the concurrence of the district attorney in any case in which support is ordered to be paid through a county officer designated for that purpose. The execution of an agreement pursuant to this paragraph shall not preclude a party from thereafter seeking a wage assignment in accordance with the procedures specified in Section 4390.4 upon violation of the agreement.

SEC. 27.1.

 Section 5754 of the Family Code, as amended by Section 2 of Chapter 301 of the Statutes of 1993, is repealed.

SEC. 27.2.

 Section 6326 of the Family Code, as added by Section 154 of Chapter 219 of the Statutes of 1993, is amended and renumbered to read:

6327.
 Part 4 (commencing with Section 240) of Division 2 applies to the issuance of an ex parte order under this article.

SEC. 27.3.

 Section 6343 of the Family Code, as added by Section 154 of Chapter 219 of the Statutes of 1993, is amended to read:

6343.
 (a)   After notice and a hearing, the court may issue an order requiring any party to participate in counseling with a licensed mental health professional, or through other community programs and services that provide appropriate counseling, including, but not limited to, mental health or substance abuse services, where it is shown that the parties intend to continue to reside in the same household or have continued to reside in the same household after previous instances of domestic violence. The court may also order a restrained party to participate in batterer’s treatment counseling.
(b)  Where there has been a history of domestic violence between the parties or where a protective order, as defined in Section 6218, is in effect, at the request of the party alleging domestic violence in a written declaration under penalty of perjury or who is protected by the order, the parties shall participate in counseling separately and at separate times. The court may also order a restrained party to participate in batterer’s treatment counseling for up to one year, provided that the program selected has counseling available for the designated period of time.
(c)   Each party shall bear the cost of his or her own counseling separately, unless good cause appears for a different apportionment.

SEC. 27.4.

 Section 7712 of the Family Code, as added by Section 3 of Chapter 301 of the Statutes of 1993, is repealed.

SEC. 27.5.

 Section 20024 is added to the Family Code, to read:

20024.
 (a)  The costs of the Family Law Evaluator, any staff necessary to assist the Family Law Evaluator, and the cost of the booklet describing the program, if any, shall be borne by an increase and an equalization of filing fees in San Mateo County to one hundred fifty dollars ($150) for all petitions for marital dissolution, annulment, and legal separation, and all first papers on behalf of respondents in proceedings for martial dissolution, annulment, and legal separation. Alternatively, the costs associated with this pilot program may be paid from other funding sources.
(b)  A donation of computers, printers, software, and other equipment shall be solicited from existing hardware and software providers.
(c)  This section shall be repealed on July 1, 1994, unless a later enacted statute, which is enacted before July 1, 1994, deletes or extends that date.

SEC. 27.6.

 Section 20039 is added to the Family Code, to read:

20039.
 (a)  The costs of the pilot project shall be borne by an equalization of filing fees in Santa Clara County for all petitions for marital dissolution, annulment, and legal separation, and all first papers on behalf of respondents in proceedings for marital dissolution, annulment, and legal separation and by equalization of filing fees for motions and responsive pleadings.
(b)  A donation of computers, printers, software, and other equipment shall be solicited from existing hardware and software providers.
(c)  The court shall administer funds for the various components of the pilot program.
(d)  This section shall be repealed on July 1, 1994, unless a later enacted statute, which is enacted before July 1, 1994, deletes or extends that date.

SEC. 27.7.

 Section 6159 of the Government Code, as amended by Section 212 of Chapter 219 of the Statutes of 1993, is amended to read:

6159.
 (a)  As used in this section:
(1)  “Credit card” means any card, plate, coupon book, or other credit device existing for the purpose of being used from time to time upon presentation to obtain money, property, labor, or services on credit.
(2)  “Card issuer” means any person who issues a credit card and purchases credit card drafts or the agent of such person for such purposes with respect to such card.
(3)  “Cardholder” means any person to whom a credit card is issued or any person who has agreed with the card issuer to pay obligations arising from the issuance of a credit card to another person.
(4)  “Draft purchaser” means any person who purchases credit card drafts.
(b)  Subject to the provisions of subdivision (c), a court, city, county, city and county, or other public agency may authorize the acceptance of a credit card for any of the following:
(1)  The payment for the deposit of bail or for any fine for any offense not declared to be a felony.
(2)  The payment of a filing fee or other court fee.
(3)  The payment of any towage or storage costs for a vehicle which has been removed from a highway, or from public or private property, as a result of parking violations.
(4)  The payment of child, family, or spousal support, including reimbursement of public assistance, related fees, costs, or penalties, with the authorization of the cardholder.
(5)  The payment for services rendered by any city, county, or city and county.
(c)  A court desiring to authorize the use of a credit card pursuant to subdivision (b) shall obtain the approval of its county board of supervisors. A city desiring to authorize the use of a credit card pursuant to subdivision (b) shall obtain the approval of its city council. Any other public agency desiring to authorize the use of a credit card pursuant to subdivision (b) shall obtain the approval of the governing body which has fiscal responsibility for the agency. After approval is obtained, a contract may be executed with one or more credit card issuers or draft purchasers. The contract shall provide for:
(1)  The respective rights and duties of the court, city, county, city and county, or other public agency and card issuer or draft purchaser regarding the presentment, acceptability and payment of credit card drafts.
(2)  The establishment of a reasonable means by which to facilitate payment settlements.
(3)  The payment to the card issuer or draft purchaser of a reasonable fee or discount.
(4)  Such other matters appropriately included in contracts with respect to the purchase of credit card drafts as may be agreed upon by the parties to the contract.
(d)  The honoring of a credit card pursuant to subdivision (b) constitutes payment of the amount owing to the court, city, county, city and county, or other public agency as of the date the credit card is honored provided the credit card draft is paid following its due presentment to a card issuer or draft purchaser.
(e)  If any credit card draft is not paid following due presentment to a card issuer or draft purchaser or is charged back to the court, city, county, city and county, or other public agency for any reason, any record of payment made by the court, city, or other public agency honoring the credit card shall be void. Any receipt issued in acknowledgment of payment shall also be void. The obligation of the cardholder shall continue as an outstanding obligation as though no payment had been attempted.
(f)  Notwithstanding Title 1.3 (commencing with Section 1747) of Part 4 of Division 3 of the Civil Code, a court, city, county, city and county, or any other public agency may impose a fee for the use of a credit card, not to exceed the costs incurred by the agency in providing for payment of the credit card. These costs may include, but shall not be limited to, the payment of fees or discounts as specified in paragraph (3) of subdivision (c). Any fee imposed pursuant to this subdivision for the use of a credit card shall be approved by the governing body responsible for the fiscal decisions of the public agency.
(g)  Fees or discounts provided for under paragraph (3) of subdivision (c) shall be deducted or accounted for prior to any statutory or other distribution of funds received from the card issuer or draft purchaser to the extent not recovered from the cardholder pursuant to subdivision (f).

SEC. 27.8.

 Section 68085 of the Government Code, as amended by Section 214.7 of Chapter 219 of the Statutes of 1993, is amended to read:

68085.
 (a)  There is hereby established the Trial Court Trust Fund, the proceeds of which may only be expended, upon appropriation by the Legislature, for the purpose of funding trial court operations, as defined in Section 77003.
(b)  Notwithstanding any other provision of law, the fees listed in subdivision (c) shall all be deposited upon collection in a special account in the county treasury, and transmitted therefrom monthly to the Controller for deposit in the Trial Court Trust Fund.
(c)  Except as specified in subdivision (d), this section applies to all fees collected pursuant to Sections 26820.4, 26826, 26827, 68086, 72055, and 72056.
(d)  This section does not apply to that portion of a filing fee collected pursuant to Section 26820.4, 26826, 26827, 72055, or 72056 which is allocated for dispute resolution pursuant to Section 470.3 of the Business and Professions Code, the county law library pursuant to Section 6320 of the Business and Professions Code, the Judges’ Retirement Fund pursuant to Section 26822.3, automated recordkeeping or conversion to micrographics pursuant to Sections 26863 and 68090.7, and courthouse financing pursuant to Section 76238.
(e)  Notwithstanding any other provision of law, no agency shall take action to change the amounts allocated to any of the above funds.

SEC. 28.

 Section 4903 of the Labor Code is amended to read:

4903.
 The appeals board may determine, and allow as liens against any sum to be paid as compensation, any amount determined as hereinafter set forth in subdivisions (a) through (i). If more than one such lien be allowed, the appeals board may determine the priorities, if any, between the liens allowed. The liens which may be allowed hereunder are as follows:
(a)  A reasonable attorney’s fee for legal services pertaining to any claim for compensation either before the appeals board or before any of the appellate courts, and the reasonable disbursements in connection therewith. No fee for legal services shall be awarded to any representative who is not an attorney, except with respect to those claims for compensation for which an application, pursuant to Section 5501, has been filed with the appeals board on or before December 31, 1991, or for which a disclosure form, pursuant to Section 4906, has been sent to the employer, or insurer or third-party administrator, if either is known, on or before December 31, 1991.
(b)  The reasonable expense incurred by or on behalf of the injured employee, as provided by Article 2 (commencing with Section 4600) and, to the extent the employee is entitled to reimbursement under Section 4621, medical-legal expenses as provided by Article 2.5 (commencing with Section 4620) of Chapter 2 of Part 2.
(c)  The reasonable value of the living expenses of an injured employee or of his or her dependents, subsequent to the injury.
(d)  The reasonable burial expenses of the deceased employee, not to exceed the amount provided for by Section 4701.
(e)  The reasonable living expenses of the spouse or minor children of the injured employee, or both, subsequent to the date of the injury, where the employee has deserted or is neglecting his or her family. These expenses shall be allowed in such proportion as the appeals board deems proper, under application of the spouse, guardian of the minor children, or the assignee, pursuant to subdivision (a) of Section 11477 of the Welfare and Institutions Code, of the spouse, a former spouse, or minor children. A collection received as a result of a lien against a workers’ compensation award imposed pursuant to this subdivision for payment of child support ordered by a court shall first be credited against the current month’s support, shall next be credited against the interest on past due child support for periods commencing on or after the date of the injury upon which the award is based, shall next be credited against the principal amount of past due child support that accrued for periods commencing on or after the date of the injury upon which the award is based, shall next be credited against interest on past due child support for periods prior to the date of the injury upon which the award is based, and shall then be credited against the principal amount of child support that accrued for periods commencing prior to the date of the injury upon which the award is based.
(f)  The amount of unemployment compensation disability benefits which have been paid under or pursuant to the Unemployment Insurance Code in those cases where, pending a determination under this division there was uncertainty whether such benefits were payable under the Unemployment Insurance Code or payable hereunder; provided, however, that any lien under this subdivision shall be allowed and paid as provided in Section 4904.
(g)  The amount of unemployment compensation benefits and extended duration benefits paid to the injured employee for the same day or days for which he or she receives, or is entitled to receive, temporary total disability indemnity payments under this division; provided, however, that any lien under this subdivision shall be allowed and paid as provided in Section 4904.
(h)  The amount of indemnification granted pursuant to Article 1 (commencing with Section 13959) of Chapter 5 of Part 4 of Division 3 of Title 2 of the Government Code.
(i)  The amount of compensation, including expenses of medical treatment, and recoverable costs which have been paid by the Asbestos Workers’ Account pursuant to the provisions of Chapter 11 (commencing with Section 4401) of Part 1.

SEC. 28.5.

 Section 977 of the Penal Code, as amended by Section 1 of Chapter 220 of the Statutes of 1993, is amended to read:

977.
 (a)  (1)  In all cases in which the accused is charged with a misdemeanor only, he or she may appear by counsel only, except as provided in paragraph (2). If the accused agrees, the initial court appearance, arraignment, and plea may be by video, as provided by subdivision (c).
(2)  When the accused is charged with a misdemeanor offense involving domestic violence, as defined in Section 6211 of the Family Code , or a misdemeanor violation of Section 273.6, upon a satisfactory showing of necessity, the court may order through counsel that the accused be personally present in court for the purpose of the service of an order under Section 136.2, unless the court determines that the defendant will make another court appearance within a reasonable period of time and the defendant could be served with a restraining order at that time.
(b)  (1)  In all cases in which a felony is charged, the accused shall be present at the arraignment, at the time of plea, during the preliminary hearing, during those portions of the trial when evidence is taken before the trier of fact, and at the time of the imposition of sentence. The accused shall be personally present at all other proceedings unless he or she shall, with leave of court, execute in open court, a written waiver of his or her right to be personally present, as provided by paragraph (2). If the accused agrees, the initial court appearance, arraignment, and plea may be by video, as provided by subdivision (c).
(2)  The accused may execute a written waiver of his or her right to be personally present, approved by his or her counsel, and the waiver shall be filed with the court. However, the court may specifically direct the defendant to be personally present at any particular proceeding or portion thereof. The waiver shall be substantially in the following form:

“Waiver of Defendant’s Personal Presence”

“The undersigned defendant, having been advised of his or her right to be present at all stages of the proceedings, including, but not limited to, presentation of and arguments on questions of fact and law, and to be confronted by and cross-examine all witnesses, hereby waives the right to be present at the hearing of any motion or other proceeding in this cause. The undersigned defendant hereby requests the court to proceed during every absence of the defendant that the court may permit pursuant to this waiver, and hereby agrees that his or her interest is represented at all times by the presence of his or her attorney the same as if the defendant were personally present in court, and further agrees that notice to his or her attorney that his or her presence in court on a particular day at a particular time is required is notice to the defendant of the requirement of his or her appearance at that time and place.”
(c)  The court may permit the initial court appearance and arraignment in municipal or superior court of defendants held in any state, county, or local facility within the county on felony or misdemeanor charges, except for those defendants who were indicted by a grand jury, to be conducted by two-way electronic audiovideo communication between the defendant and the courtroom in lieu of the physical presence of the defendant in the courtroom. If the defendant is represented by counsel, the attorney shall be present with the defendant at the initial court appearance and arraignment, and may enter a plea during the arraignment. However, if the defendant is represented by counsel at an initial hearing in superior court, and if the defendant does not plead guilty or nolo contendere to any charge, the attorney shall be present with the defendant or if the attorney is not present with the defendant, the attorney shall be present in court during the hearing. The defendant shall have the right to make his or her plea while physically present in the courtroom if he or she so requests. If the defendant decides not to exercise the right to be physically present in the courtroom, he or she shall execute a written waiver of that right. A judge may order a defendant’s personal appearance in court for the initial court appearance and arraignment. In a misdemeanor case, a judge may, pursuant to this subdivision, accept a plea of guilty or no contest from a defendant who is not physically in the courtroom. In a felony case, a judge may, pursuant to this subdivision, accept a plea of guilty or no contest from a defendant who is not physically in the courtroom if the parties stipulate thereto.
(d)  Notwithstanding subdivision (c), if the defendant is represented by counsel, the attorney shall be present with the defendant in any county exceeding 4,000,000 persons in population.

SEC. 29.

 Section 408 of the Revenue and Taxation Code is amended to read:

408.
 (a)  Except as otherwise provided in subdivisions (b), (c), and (d), any information and records in the assessor’s office which are not required by law to be kept or prepared by the assessor, and homeowners’ exemption claims, are not public documents and shall not be open to public inspection. Property receiving the homeowners’ exemption shall be clearly identified on the assessment roll. The assessor shall maintain records which shall be open to public inspection to identify those claimants who have been granted the homeowners’ exemption.
(b)  The assessor may provide any appraisal data in his or her possession to the assessor of any county and shall provide any market data in his or her possession to an assessee of property or his or her designated representative upon request. The assessor shall permit an assessee of property or his or her designated representative to inspect at the assessor’s office any information and records, whether or not required to be kept or prepared by the assessor, relating to the appraisal and the assessment of his or her property. Except as provided in Section 408.1, an assessee or his or her designated representative, however, shall not be provided or permitted to inspect information and records, other than market data, which also relate to the property or business affairs of another person, unless that disclosure is ordered by a competent court in a proceeding initiated by a taxpayer seeking to challenge the legality of his or her assessment.
(c)  The assessor shall disclose information, furnish abstracts, or permit access to all records in his or her office to law enforcement agencies, the county grand jury, the board of supervisors or their duly authorized agents, employees or representatives when conducting an investigation of the assessor’s office pursuant to Section 25303 of the Government Code, the Controller, employees of the Controller for property tax postponement purposes, probate referees, employees of the Franchise Tax Board for tax administration purposes only, staff appraisers of the Department of Savings and Loan, the Department of Transportation, the Department of General Services, the State Board of Equalization, the State Department of Social Services, and other duly authorized legislative or administrative bodies of the state pursuant to their authorization to examine the records. Whenever the assessor discloses information, furnishes abstracts, or permits access to records in his or her office to staff appraisers of the Department of Savings and Loan, the Department of Transportation, or the Department of General Services pursuant to this section, the department shall reimburse the assessor for any costs incurred as a result thereof.
(d)  Upon the request of the tax collector, the assessor shall disclose and provide to the tax collector information used in the preparation of that portion of the unsecured roll for which the taxes thereon are delinquent. The tax collector shall certify to the assessor that he or she needs the information requested for the enforcement of the assessor’s tax lien in collecting those delinquent taxes. Information requested by the tax collector may include social security numbers, and the assessor shall recover from the tax collector his or her actual and reasonable costs for providing the information. The tax collector shall add the costs described in the preceding sentence to the assessee’s delinquent tax lien and collect those costs subject to subdivision (e) of Section 2922.
(e)  For purposes of this section, “market data” means any information in the assessor’s possession, whether or not required to be prepared or kept by him or her, relating to the sale of any property comparable to the property of the assessee, if the assessor bases his or her assessment of the assessee’s property, in whole or in part, on that comparable sale or sales. The assessor shall provide the names of the seller and buyer of each property on which the comparison is based, the location of that property, the date of the sale, and the consideration paid for the property, whether paid in money or otherwise, but for purposes of providing market data, the assessor shall not display any document relating to the business affairs or property of another.

SEC. 30.

 Section 408 of the Revenue and Taxation Code is amended to read:

408.
 (a)  Except as otherwise provided in subdivisions (b), (c), (d), and (e) any information and records in the assessor’s office which are not required by law to be kept or prepared by the assessor, and homeowners’ exemption claims, are not public documents and shall not be open to public inspection. Property receiving the homeowners’ exemption shall be clearly identified on the assessment roll. The assessor shall maintain records which shall be open to public inspection to identify those claimants who have been granted the homeowners’ exemption.
(b)  The assessor may provide any appraisal data in his or her possession to the assessor of any county.
The assessor shall disclose information, furnish abstracts, or permit access to all records in his or her office to law enforcement agencies, the county grand jury, the board of supervisors or their duly authorized agents, employees or representatives when conducting an investigation of the assessor’s office pursuant to Section 25303 of the Government Code, the Controller, employees of the Controller for property tax postponement purposes, probate referees, employees of the Franchise Tax Board for tax administration purposes only, staff appraisers of the Department of Savings and Loan, the Department of Transportation, the Department of General Services, the State Board of Equalization, the State Department of Social Services, and other duly authorized legislative or administrative bodies of the state pursuant to their authorization to examine the records. Whenever the assessor discloses information, furnishes abstracts, or permits access to records in his or her office to staff appraisers of the Department of Savings and Loan, the Department of Transportation, or the Department of General Services pursuant to this section, the department shall reimburse the assessor for any costs incurred as a result thereof.
(c)  Upon the request of the tax collector, the assessor shall disclose and provide to the tax collector information used in the preparation of that portion of the unsecured roll for which the taxes thereon are delinquent. The tax collector shall certify to the assessor that he or she needs the information requested for the enforcement of the assessor’s tax lien in collecting those delinquent taxes. Information requested by the tax collector may include social security numbers, and the assessor shall recover from the tax collector his or her actual and reasonable costs for providing the information. The tax collector shall add the costs described in the preceding sentence to the assessee’s delinquent tax lien and collect those costs subject to subdivision (e) of Section 2922.
(d)  The assessor shall, upon the request of an assessee or his or her designated representative, permit the assessee or representative to inspect or copy any market data in the assessor’s possession. For purposes of this subdivision, “market data” means any information in the assessor’s possession, whether or not required to be prepared or kept by him or her, relating to the sale of any property comparable to the property of the assessee, if the assessor bases his or her assessment of the assessee’s property, in whole or in part, on that comparable sale or sales. The assessor shall provide the names of the seller and buyer of each property on which the comparison is based, the location of that property, the date of the sale, and the consideration paid for the property, whether paid in money or otherwise. However, for purposes of providing market data, the assessor shall not display any document relating to the business affairs or property of another.
(e)  With respect to information, documents, and records, other than market data as defined in subdivision (d), the assessor shall, upon request of an assessee of property, or his or her designated representative, permit the assessee or representative to inspect or copy all information, documents, and records, including auditors’ narrations and workpapers, whether or not required to be kept or prepared by the assessor, relating to the appraisal and the assessment of the assessee’s property, and any penalties and interest thereon. However, except as provided in Section 408.1, an assessee, or his or her designated representative, shall not be permitted to inspect or copy information and records that also relate to the property or business affairs of another, unless that disclosure is ordered by a competent court in a proceeding initiated by a taxpayer seeking to challenge the legality of the assessment of his or her property.
(f)  (1)  Permission for the inspection or copying requested pursuant to subdivision (d) or (e) shall be granted as soon as reasonably possible to the assessee or his or her designated representative.
(2)  If the assessee, or his or her designated representative, requests the assessor to make copies of any of the requested records, the assessee shall reimburse the assessor for the reasonable costs incurred in reproducing and providing the copies.

SEC. 30.5.

 Section 19001 of the Revenue and Taxation Code, as amended by Section 225 of Chapter 219 of the Statutes of 1993, is repealed.

SEC. 31.

 Section 903 of the Welfare and Institutions Code is amended to read:

903.
 (a)  A parent of a minor, the estate of a parent, and the estate of the minor, shall be liable for the reasonable costs of support of the minor while the minor is placed, or detained in, or committed to, any institution or other place pursuant to Section 625 or pursuant to an order of the juvenile court. However, a county shall not levy charges for the costs of support of a minor detained pursuant to Section 625 unless, at the detention hearing, the juvenile court determines that detention of the minor should be continued, the petition for the offense for which the minor is detained is subsequently sustained, or the minor agrees to a program of supervision pursuant to Section 654. The liability of these persons and estates shall be a joint and several liability.
(b)  The county shall limit the charges it seeks to impose to the reasonable costs of support of the minor and shall exclude any costs of incarceration, treatment, or supervision for the protection of society and the minor and the rehabilitation of the minor. In the event that court-ordered child support paid to the county pursuant to subdivision (a) exceeds the amount of the costs authorized by this subdivision and subdivision (a), the county shall either hold the excess in trust for the minor’s future needs pursuant to Section 302.52 of Title 45 of the Code of Federal Regulations or, with the approval of the minor’s caseworker or the probation officer, pay the excess directly to the minor.
(c)  It is the intent of the Legislature in enacting this subdivision to protect the fiscal integrity of the county, to protect persons against whom the county seeks to impose liability from excessive charges, to ensure reasonable uniformity throughout the state in the level of liability being imposed, and to ensure that liability is imposed only on persons with the ability to pay. In evaluating a family’s financial ability to pay under this section, the county shall take into consideration the family income, the necessary obligations of the family, and the number of persons dependent upon this income. Except as provided in paragraphs (1), (2), (3), and (4), “costs of support” as used in this section means only actual costs incurred by the county for food and food preparation, clothing, personal supplies, and medical expenses, not to exceed a combined maximum cost of fifteen dollars ($15) per day, except that:
(1)  The maximum cost of fifteen dollars ($15) per day shall be adjusted every third year beginning January 1, 1988, to reflect the percentage change in the calendar year annual average of the California Consumer Price Index, All Urban Consumers, published by the Department of Industrial Relations, for the three-year period.
(2)  No cost for medical expenses shall be imposed by the county until the county has first exhausted any eligibility the minor may have under private insurance coverage, standard or medically indigent Medi-Cal coverage, and the Robert W. Crown California Children’s Services Act (Article 2 (commencing with Section 248) of Chapter 2 of Part 1 of Division 1 of the Health and Safety Code).
(3)  In calculating the cost of medical expenses, the county shall not charge in excess of 100 percent of the AFDC fee for service average Medi-Cal payment for that county for that fiscal year as calculated by the State Department of Health Services; however, if a minor has extraordinary medical or dental costs that are not met under any of the coverages listed in paragraph (2), the county may impose these additional costs.
(4)  For those placements of a minor subject to this section in which an AFDC–FC grant is made, the district attorney shall seek an order pursuant to Section 11350 and the statewide child support guidelines in effect in Chapter 2 (commencing with Section 4720) of Title 5 of Part 5 of Division 4 of the Civil Code or Article 2 (commencing with Section 4050) of Chapter 2 of Part 2 of Division 9 of the Family Code. For purposes of determining the correct amount of support of a minor subject to this section, the rebuttable presumption set forth in subdivision (d) of Section 4721 of the Civil Code or Section 4057 of the Family Code shall be applicable.

SEC. 32.

 Section 903.5 of the Welfare and Institutions Code is amended to read:

903.5.
 In addition to the requirements of Section 903.4, and notwithstanding any other provision of law, the parent or other person legally liable for the support of a minor, who voluntarily places the minor in 24-hour out-of-home care, shall be liable for the cost of the minor’s care, support, and maintenance when the minor receives Aid to Families with Dependent Children-Foster Care (AFDC-FC), Supplemental Security Income-State Supplementary Program (SSI-SSP), or county-only funds. As used in this section “parent” includes any person specified in Section 903. Whenever the county welfare department or the placing agency determines that a court order would be advisable and effective, the department or the agency shall notify the district attorney, or the financial evaluation officer designated pursuant to Section 903.45, who shall proceed pursuant to Section 903.4.

SEC. 33.

 Section 11476 of the Welfare and Institutions Code is amended to read:

11476.
 It shall be the duty of the county department to refer all cases where a parent is absent from the home, or where the parents are unmarried and parentage has not been determined by a court of competent jurisdiction, to the district attorney immediately at the time the application for public assistance, including Medi-Cal benefits, or certificate of eligibility, is signed by the applicant or recipient. If an applicant is found to be ineligible, the applicant shall be notified in writing that the referral of the case to the district attorney may be terminated at the applicant’s request. The county department shall cooperate with the district attorney and shall make available to him or her all pertinent information as provided in Section 11478.
Upon referral from the county department, the district attorney shall investigate the question of nonsupport or paternity and shall take all steps necessary to obtain child support for the needy child, enforce spousal support as part of the state plan under Section 11475.2, and determine paternity in the case of a child born out of wedlock. Upon the advice of the county department that a child is being considered for adoption, the district attorney shall delay the investigation and other actions with respect to the case until advised that the adoption is no longer under consideration. The granting of public assistance or Medi-Cal benefits to an applicant shall not be delayed or contingent upon investigation by the district attorney.
In cases where Medi-Cal benefits are the only assistance provided, the district attorney shall provide child and spousal support services unless the recipient of the services notifies the district attorney that only services related to securing Medi-Cal benefits are requested.
Where a court order has been obtained, any contractual agreement for support between the district attorney or the county department and the noncustodial parent shall be deemed null and void to the extent that it is not consistent with the court order.
Whenever a family which has been receiving public assistance, including Medi-Cal, ceases to receive assistance, including Medi-Cal, the district attorney shall, to the extent required by federal regulations, continue to enforce support payments from the noncustodial parent until such time as the individual on whose behalf the enforcement efforts are made sends written notice to the district attorney requesting that enforcement services be discontinued.
The district attorney shall, where appropriate, utilize reciprocal arrangements adopted with other states in securing support from an absent parent. In individual cases where utilization of reciprocal arrangements has proven ineffective, the district attorney may forward to the Attorney General a request to utilize federal courts in order to obtain or enforce orders for child or spousal support. If reasonable efforts to collect amounts assigned pursuant to Section 11477 have failed, the district attorney may request that the case be forwarded to the Treasury Department for collection in accordance with federal regulations. The Attorney General, where appropriate, shall forward these requests to the Secretary of Health and Human Services, or a designated representative.

SEC. 34.

 Section 11478 of the Welfare and Institutions Code is amended to read:

11478.
 (a)  All state, county, and local agencies shall cooperate with the district attorney (1) in carrying out Sections 4604 and 4605 of the Civil Code concerning the location, seizure, and recovery of abducted, concealed, or detained minor children, (2) in the enforcement of any child support obligation to the extent required under the state plan under Section 11475.2 of this code, Section 1650 of the Code of Civil Procedure, and Section 270 of the Penal Code, and (3) the enforcement of spousal support orders to the extent required by law, and location of parents or putative parents. This subdivision applies irrespective of whether the children are or are not receiving aid to families with dependent children.
(b)  On request, all state, county, and local agencies shall supply the district attorney of any county in this state and the California Parent Locator Service with all the information on hand concerning the location, income, or property of any parents, putative parents, spouses, or former spouses, notwithstanding any other provisions of law making the information confidential, and with all information on hand concerning the location and prosecution of any person who has, by means of false statement or representation, or by impersonation or other fraudulent device, obtained aid for a child under this chapter.
(c)  The State Department of Social Services’ Statewide Automated Child Support System shall be entitled to the same cooperation and information provided to the California Parent Locator Service, to the extent allowed by law. The Statewide Automated Child Support System shall be allowed access to criminal offender record information only to the extent that access is allowed by law.
(d)  This section shall be repealed on January 1, 1994, unless another statute which is effective on or before that date deletes or extends that date.

SEC. 34.5.

 Section 11478 of the Welfare and Institutions Code, as amended by Section 230 of Chapter 219 of the Statutes of 1993, is amended to read:

11478.
 (a)  All state, county, and local agencies shall cooperate with the district attorney (1) in carrying out Chapter 8 (commencing with Section 3130) of Part 2 of Division 8 of the Family Code concerning the location, seizure, and recovery of abducted, concealed, or detained minor children, (2) in the enforcement of any child support obligation or to the extent required under the state plan under Section 11475.2 of this code, Chapter 6 (commencing with Section 4800) of Part 5 of Division 9 of the Family Code, and Section 270 of the Penal Code, and (3) the enforcement of spousal support orders and in the location of parents or putative parents. This subdivision applies irrespective of whether the children are or are not receiving aid to families with dependent children.
(b)  On request, all state, county, and local agencies shall supply the district attorney of any county in this state or the California Parent Locator Service with all information on hand relative to the location, income, or property of any parents, putative parents, spouses, or former spouses, notwithstanding any other provision of law making the information confidential, and with all information on hand relative to the location and prosecution of any person who has, by means of false statement or representation or by impersonation or other fraudulent device, obtained aid for a child under this chapter.
(c)  The State Department of Social Services’ Statewide Automated Child Support System shall be entitled to the same cooperation and information provided to the California Parent Locator Service, to the extent allowed by law. The Statewide Automated Child Support System shall be allowed access to criminal offender record information only to the extent that access is allowed by law.
(d)  This section shall be operative January 1, 1994.

SEC. 35.

 Section 11478.5 of the Welfare and Institutions Code is amended to read:

11478.5.
 (a)  There is in the Department of Justice the California Parent Locator Service and Central Registry which shall collect and disseminate all of the following, with respect to any parent, putative parent, spouse, or former spouse:
(1)  The full and true name of the parent together with any known aliases.
(2)  Date and place of birth.
(3)  Physical description.
(4)  Social security number.
(5)  Employment history and earnings.
(6)  Military status and Veterans Administration or military service serial number.
(7)  Last known address, telephone number, and date thereof.
(8)  Driver’s license number, driving record, and vehicle registration information.
(9)  Criminal, licensing, and applicant records and information.
(10)  (A)  Any additional location, asset, and income information, including income tax return information obtained pursuant to Section 19285.1 of the Revenue and Taxation Code, and the address, telephone number, and social security information obtained from a public utility that may be of assistance in locating the parent, putative parent, abducting, concealing, or detaining parent, spouse, or former spouse, in establishing a parent and child relationship, in enforcing the child support liability of the absent parent, or enforcing the spousal support liability of the spouse or former spouse to the extent required by the state plan pursuant to Section 11475.2.
(B)  For purposes of this subdivision “income tax return information” means all of the following regarding the taxpayer:
(i)  Assets.
(ii)  Credits.
(iii)  Deductions.
(iv)  Exemptions.
(v)  Identity.
(vi)  Liabilities.
(vii)  Nature, source, and amount of income.
(viii)  Net worth.
(ix)  Payments.
(x)  Receipts.
(xi)  Address.
(xii)  Social security number.
(b)  To effectuate the purposes of this section, the California Parent Locator Service and Central Registry shall utilize the federal Parent Locator Service to the extent necessary, and may request and shall receive from all departments, boards, bureaus, or other agencies of the state, or any of its political subdivisions, and those entities shall provide, that assistance and data which will enable the Department of Justice and other public agencies to carry out their powers and duties to locate parents, spouses, and former spouses, and to identify their assets, to establish parent-child relationships, and to enforce liability for child or spousal support, and for any other obligations incurred on behalf of children, and shall also provide that information to any district attorney in fulfilling the duties prescribed in Section 270 of the Penal Code, and in Sections 4604 and 4605 of the Civil Code, relating to abducted, concealed, or detained children. The State Department of Social Services’ Statewide Automated Child Support System shall be entitled to the same cooperation and information as the California Parent Locator Service, to the extent allowed by law. The Statewide Automated Child Support System shall be allowed access to criminal record information only to the extent that access is allowed by state and federal law.
(c)  (1)  To effectuate the purposes of this section, and notwithstanding any other provision of California law, regulation, or tariff, and to the extent permitted by federal law, the California Parent Locator Service and Central Registry and the Statewide Automated Child Support System may request and shall receive from public utilities, as defined in Section 216 of the Public Utilities Code, customer service information, including the full name, address, telephone number, date of birth, and social security number of customers of the public utility, to the extent that this information is stored within the computer data base of the public utility.
(2)  In order to protect the privacy of utility customers, a request to a public utility for customer service information pursuant to this section shall meet the following requirements:
(A)  Be submitted to the public utility in writing, on a transmittal document prepared by the California Parent Locator Service and Central Registry or the Statewide Automated Child Support System and approved by all of the public utilities.
(B)  Have the signature of a representative authorized by the California Parent Locator Service and Central Registry or the Statewide Automated Child Support System.
(C)  Contain at least three of the following data elements regarding the person sought:
(i)  First and last name, and middle initial, if known.
(ii)  Social security number.
(iii)  Driver’s license number.
(iv)  Birth date.
(v)  Last known address.
(vi)  Spouse’s name.
(D)  The California Parent Locator Service and Central Registry and the Statewide Automated Child Support System shall ensure that each public utility has at all times a current list of the names of persons authorized to request customer service information.
(E)  The California Parent Locator Service and Central Registry and the Statewide Automated Child Support System shall ensure that customer service information supplied by a public utility is applicable to the person who is being sought before releasing the information pursuant to subdivision (d).
(3)  The public utility may charge a fee to the California Parent Locator Service and Central Registry or the Statewide Automated Child Support System for each search performed pursuant to this subdivision to cover the actual costs to the public utility for providing this information.
(4)  No public utility, or official or employee thereof, shall be subject to criminal or civil liability for the release of customer service information as authorized by this subdivision.
(d)  Notwithstanding Section 14202 of the Penal Code, any records established pursuant to this section shall be disseminated only to the Department of Justice, the California Parent Locator Service and Central Registry, the parent locator services and central registries of other states as defined by federal statutes and regulations, a district attorney of any county in this state, the federal Parent Locator Service, and official child support enforcement agencies. The State Department of Social Services’ Statewide Automated Child Support Enforcement System shall be allowed access to criminal offender record information only to the extent that access is allowed by law.
(e)  (1)  At no time shall any information received by the California Parent Locator Service and Central Registry or by the Statewide Automated Child Support System be disclosed to any person, agency, or other entity, other than those persons, agencies, and entities specified pursuant to Section 11478, this section, or any other provision of law.
(2)  This subdivision shall not otherwise affect discovery between parties in any action to establish, modify, or enforce child, family, or spousal support, that relates to custody or visitation.
(f)  (1)  The Department of Justice, in consultation with the State Department of Social Services, shall promulgate rules and regulations to facilitate maximum and efficient use of the California Parent Locator Service and Central Registry.
(2)  The Department of Justice, in consultation with the State Department of Social Services and the Public Utilities Commission, shall develop procedures for obtaining the information described in subdivision (c) from public utilities, and for compensating the public utilities for providing that information.
(g)  The State Department of Social Services and the Department of Justice shall implement the provisions of this section regarding public utilities, as defined by Section 216 of the Public Utilities Code, only where there is a reasonable likelihood that the cost of obtaining customer service information from public utilities pursuant to this section would be less than the additional collections obtained through use of that information.
(h)  The California Parent Locator Service and Central Registry may charge a fee not to exceed eighteen dollars ($18) for any service it provides pursuant to this section that is not performed or funded pursuant to Part D (commencing with Section 651) of Subchapter IV of Chapter 7 of Title 42 of the United States Code.
(i)  This section shall be construed in a manner consistent with the other provisions of this article.
(j)  This section shall be repealed on January 1, 1994, unless another statute which is effective on or before that date deletes or extends that date.

SEC. 35.5.

 Section 11478.5 of the Welfare and Institutions Code, as amended by Section 232 of Chapter 219 of the Statutes of 1993, is amended to read:

11478.5.
 (a)  There is in the Department of Justice the California Parent Locator Service and Central Registry which shall collect and disseminate all of the following, with respect to any parent, putative parent, spouse, or former spouse:
(1)  The full and true name of the parent together with any known aliases.
(2)  Date and place of birth.
(3)  Physical description.
(4)  Social security number.
(5)  Employment history and earnings.
(6)  Military status and Veterans Administration or military service serial number.
(7)  Last known address, telephone number, and date thereof.
(8)  Driver’s license number, driving record, and vehicle registration information.
(9)  Criminal, licensing, and applicant records and information.
(10)  (A)  Any additional location, asset, and income information, including income tax return information obtained pursuant to Section 19285.1 of the Revenue and Taxation Code, and the address, telephone number, and social security information obtained from a public utility that may be of assistance in locating the parent, putative parent, abducting, concealing, or detaining parent, spouse, or former spouse, in establishing a parent and child relationship, in enforcing the child support liability of the absent parent, or enforcing the spousal support liability of the spouse or former spouse to the extent required by the state plan pursuant to Section 11475.2.
(B)  For purposes of this subdivision “income tax return information” means all of the following regarding the taxpayer:
(i)  Assets.
(ii)  Credits.
(iii)  Deductions.
(iv)  Exemptions.
(v)  Identity.
(vi)  Liabilities.
(vii)  Nature, source, and amount of income.
(viii)  Net worth.
(ix)  Payments.
(x)  Receipts.
(xi)  Address.
(xii)  Social security number.
(b)  To effectuate the purposes of this section, the California Parent Locator Service and Central Registry shall utilize the federal Parent Locator Service to the extent necessary, and may request and shall receive from all departments, boards, bureaus, or other agencies of the state, or any of its political subdivisions, and those entities shall provide, that assistance and data which will enable the Department of Justice and other public agencies to carry out their powers and duties to locate parents, spouses, and former spouses, and to identify their assets, to establish parent-child relationships, and to enforce liability for child or spousal support, and for any other obligations incurred on behalf of children, and shall also provide that information to any district attorney in fulfilling the duties prescribed in Section 270 of the Penal Code, and in Sections 4604 and 4605 of the Civil Code, relating to abducted, concealed, or detained children. The State Department of Social Services’ Statewide Automated Child Support System shall be entitled to the same cooperation and information as the California Parent Locator Service, to the extent allowed by law. The Statewide Automated Child Support System shall be allowed access to criminal record information only to the extent that access is allowed by state and federal law.
(c)  (1)  To effectuate the purposes of this section, and notwithstanding any other provision of California law, regulation, or tariff, and to the extent permitted by federal law, the California Parent Locator Service and Central Registry and the Statewide Automated Child Support System may request and shall receive from public utilities, as defined in Section 216 of the Public Utilities Code, customer service information, including the full name, address, telephone number, date of birth, and social security number of customers of the public utility, to the extent that this information is stored within the computer data base of the public utility.
(2)  In order to protect the privacy of utility customers, a request to a public utility for customer service information pursuant to this section shall meet the following requirements:
(A)  Be submitted to the public utility in writing, on a transmittal document prepared by the California Parent Locator Service and Central Registry or the Statewide Automated Child Support System and approved by all of the public utilities.
(B)  Have the signature of a representative authorized by the California Parent Locator Service and Central Registry or the Statewide Automated Child Support System.
(C)  Contain at least three of the following data elements regarding the person sought:
(i)  First and last name, and middle initial, if known.
(ii)  Social security number.
(iii)  Driver’s license number.
(iv)  Birth date.
(v)  Last known address.
(vi)  Spouse’s name.
(D)  The California Parent Locator Service and Central Registry and the Statewide Automated Child Support System shall ensure that each public utility has at all times a current list of the names of persons authorized to request customer service information.
(E)  The California Parent Locator Service and Central Registry shall ensure that customer service information supplied by a public utility is applicable to the person who is being sought before releasing the information pursuant to subdivision (d).
(3)  The public utility may charge a fee to the California Parent Locator Service and Central Registry or the Statewide Automated Child Support System for each search performed pursuant to this subdivision to cover the actual costs to the public utility for providing this information.
(4)  No public utility, or official or employee thereof, shall be subject to criminal or civil liability for the release of customer service information as authorized by this subdivision.
(d)  Notwithstanding Section 14202 of the Penal Code, any records established pursuant to this section shall be disseminated only to the Department of Justice, the California Parent Locator Service and Central Registry, the parent locator services and central registries of other states as defined by federal statutes and regulations, a district attorney of any county in this state, the federal Parent Locator Service, and official child support enforcement agencies. The State Department of Social Services’ Statewide Automated Child Support Enforcement System shall be allowed access to criminal offender record information only to the extent that access is allowed by law.
(e)  (1)  At no time shall any information received by the California Parent Locator Service and Central Registry or by the Statewide Automated Child Support System be disclosed to any person, agency, or other entity, other than those persons, agencies, and entities specified pursuant to Section 11478, this section, or any other provision of law.
(2)  This subdivision shall not otherwise affect discovery between parties in any action to establish, modify, or enforce child, family, or spousal support, that relates to custody or visitation.
(f)  (1)  The Department of Justice, in consultation with the State Department of Social Services, shall promulgate rules and regulations to facilitate maximum and efficient use of the California Parent Locator Service and Central Registry.
(2)  The Department of Justice, in consultation with the State Department of Social Services and the Public Utilities Commission, shall develop procedures for obtaining the information described in subdivision (c) from public utilities, and for compensating the public utilities for providing that information.
(g)  The State Department of Social Services and the Department of Justice shall implement the provisions of this section regarding public utilities, as defined by Section 216 of the Public Utilities Code, only where there is a reasonable likelihood that the cost of obtaining customer service information from public utilities pursuant to this section would be less than the additional collections obtained through use of that information.
(h)  The California Parent Locator Service and Central Registry may charge a fee not to exceed eighteen dollars ($18) for any service it provides pursuant to this section that is not performed or funded pursuant to Part D (commencing with Section 651) of Subchapter IV of Chapter 7 of Title 42 of the United States Code.
(i)  This section shall be construed in a manner consistent with the other provisions of this article.
(j)  This section shall be operative January 1, 1994.

SEC. 36.

 Sections 27.7, 27.8, 28.5, and 30.5 of this bill shall be operative January 1, 1994.

SEC. 37.

 The amendments and additions to the Family Code made by this act shall not become operative until January 1, 1994.

SEC. 38.

 Section 30 of this bill incorporates amendments to Section 408 of the Revenue and Taxation Code proposed by both this bill and SB 143. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 1994, but this bill becomes operative first, (2) each bill amends Section 408 of the Revenue and Taxation Code, and (3) this bill is enacted after SB 143, in which case Section 26 of the Revenue and Taxation Code, as amended by Section 30 of this bill, shall remain operative only until the operative date of SB 143, at which time Section 30 of this bill shall become operative.

SEC. 39.

 Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.

SEC. 40.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to comply with federal regulations which became effective in 1992 without further delay, it is necessary that this act take effect immediately. Additionally, it is necessary that this act take effect immediately in order to permit optional renewal of judgments for support, reimbursement, and other arrearages at the earliest possible time. Further, in order to make necessary changes in matter related to family law and the courts, it is necessary that this bill take effect immediately.