Bill Text: CA SB765 | 2019-2020 | Regular Session | Amended

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Bill Title: Property tax deferment program: State Board of Equalization: oversight.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2020-02-03 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB765 Detail]

Download: California-2019-SB765-Amended.html

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Amended  IN  Senate  April 11, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 765

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Introduced by Senator Galgiani

February 22, 2019

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An act to amend Section 233 of the Family Code, relating to family law. add Chapter 4 (commencing with Section 20827) to Part 10.6 of Division 2 of the Revenue and Taxation Code, relating to property tax.

LEGISLATIVE COUNSEL'S DIGEST

SB 765, as amended, Galgiani. Temporary restraining orders. Property tax deferment program: State Board of Equalization: oversight.

The California Constitution establishes the State Board of Equalization, consisting of the Controller and 4 other members elected from districts, and provides for the election, recall, impeachment, filling of vacancies, and salaries and benefits of those board members elected from districts. The California Constitution vests the board with various powers, duties, and responsibilities related to the administration of taxes imposed on property, insurance, and alcoholic beverages.

Existing law, the County Deferred Property Tax Program for Senior Citizens and Disabled Citizens, authorizes a county to elect to participate in and administer the program. Existing law specifies that under the program, a participating county may defer a claimant’s property taxes retroactively, for property taxes due on or before February 20, 2011, and prospectively, in accordance with specified procedures and requirements.

This bill would require the board to hold a public hearing for the purpose of reviewing and making recommendations to the Legislature regarding the property tax deferment program described above.

Existing law provides for the issuance of temporary restraining orders in proceedings for dissolution of marriage, nullity of marriage, legal separation of the parties, and under the Uniform Parentage Act. A temporary restraining order issued under these provisions remains in effect until the petition is dismissed, a final judgment is entered, or until further court order. Additionally, a temporary restraining order is enforceable anywhere in the state, as specified.

This bill would make a technical, nonsubstantive change to these provisions.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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Bill Text

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

SECTION 1.

 Chapter 4 (commencing with Section 20827) is added to Part 10.6 of Division 2 of the Revenue and Taxation Code, to read:

CHAPTER  4. Oversight

20827.

 The State Board of Equalization shall hold a public hearing for the purpose of reviewing and making recommendations to the Legislature regarding the County Deferred Property Tax Program for Senior Citizens and Disabled Citizens established pursuant to this part.

SECTION 1.Section 233 of the Family Code is amended to read:

233.

(a)Upon filing the petition and issuance of the summons, and upon personal service of the petition and summons on the respondent or upon waiver and acceptance of service by the respondent, the temporary restraining order under this part shall be in effect against the parties until the final judgment is entered or the petition is dismissed, or until further order of the court.

(b)The temporary restraining order is enforceable in any place in this state, but is not enforceable by a law enforcement agency of a political subdivision unless that law enforcement agency has received mailed notice of the order or has otherwise received a copy of the order or the officer enforcing the order has been shown a copy of the order.

(c)A willful and knowing violation of the order included in the summons by removing a child from the state without the written consent of the other party or an order of the court is punishable as provided in Section 278.5 of the Penal Code. A willful and knowing violation of any of the other orders included in the summons is punishable as provided in Section 273.6 of the Penal Code.