BILL NUMBER: SB 1407 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 18, 2008
AMENDED IN SENATE MAY 27, 2008
AMENDED IN SENATE MAY 14, 2008
AMENDED IN SENATE APRIL 28, 2008
INTRODUCED BY Senator Perata
(Coauthors: Senators Corbett and Kuehl)
FEBRUARY 21, 2008
An act to amend Section 6322.1 of the Business and Professions
Code, to amend Sections 68085.3, 68085.4, 68086.1, 70372, 70374,
70375, 70391, 70603, 70611, 70612, 70613, 70614, 70621,
70650, 70651, 70652, 70653, 70654, 70655, 70656, 70657.5, 70658, and
70670 of, and to add Sections 70371.5 and 70373 to, the Government
Code, to amend Section 103470 of the Health and Safety Code, to amend
Section 7660 of the Probate Code, and to amend Section 42007.1 of
the Vehicle Code, relating to court facilities, and declaring the
urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1407, as amended, Perata. Court facilities: financing.
(1) The Trial Court Facilities Act of 2002 establishes the State
Court Facilities Construction Fund and provides that moneys in that
fund may be used to acquire, rehabilitate, construct, or finance
court facilities, as defined, and to implement trial court projects
in designated counties, as specified.
This bill would extend the purposes for which moneys in that fund
may be used to include the planning, design, construction,
rehabilitation, replacement, leasing, or acquisition of court
facilities. The bill would establish the Immediate and Critical Needs
Account of the State Court Facilities Construction Fund, the
proceeds of which would be used for the planning, design,
construction, rehabilitation, renovation, replacement, or acquisition
of court facilities, for the repayment of moneys appropriated for
lease of court facilities pursuant to the issuance of lease-revenue
bonds, and for the payment for lease or rental of court facilities.
(2) Existing law requires the plans and specifications for any
place of detention of persons charged with or convicted of a crime,
or detained pursuant to the Juvenile Court Law, to be submitted to
the Corrections Standards Authority for its recommendations if those
plans and specifications involve construction, reconstruction,
remodeling, or repairs with an aggregate cost in excess of $15,000.
Existing law provides that no state department or agency other than
the authority has the authority to make recommendations in
with respect to plans and specifications for the
construction of those detention facilities.
This bill would exempt from those provisions the planning, design,
construction, rehabilitation, renovation, replacement, or
acquisition of a court facility that is funded from the Immediate and
Critical Needs Account of the State Court Facilities Construction
Fund described in (1) above.
(3) Existing law authorizes the State Public Works Board to issue
revenue bonds, negotiable notes, or negotiable bond anticipation
notes to finance the cost of the construction or renovation and the
equipping of public buildings and facilities, as specified. The
revenues, rentals, or receipts from the public buildings or
facilities or equipment authorized by these provisions is pledged to
the payment of the principal of, and the interest on, the
certificates, revenue bonds, notes, or anticipation notes issued for
that financing. The Legislature is required to authorize the total
amount that may be financed.
This bill would authorize the State Public Works Board to issue
lease-revenue bonds, notes, or bond anticipation notes pursuant to
these provisions in an amount not to exceed $5,000,000,000 to finance
the planning, design, construction, rehabilitation, renovation,
replacement, leasing, or acquisition of court facilities, as
specified. The bill would require the Judicial Council to make
recommendations to the Governor and the Legislature for projects
based on its determination that the need for a project is most
immediate and critical.
(3) Existing law provides that the Judicial Council, as the
policymaking body for the judicial branch, shall have certain
responsibilities and authorities with regard to court facilities,
including to conduct audits of the collection of fees by the local
courts, and to establish and consult with local project advisory
groups on the construction of new trial court facilities.
This bill would further authorize the Judicial Council to conduct
audits of the collection of fees to be transmitted to the state for
deposit in the Immediate and Critical Needs Account of the State
Court Facilities Construction Fund. The bill would include the local
sheriff among those local project advisory groups with whom the
Judicial Council consults in the construction of new trial court
facilities, as specified.
(4) Existing law specifies various uniform fees for filing
specified documents in connection with certain civil proceedings,
including a fee schedule for filing a first petition or first account
in connection with a trust or estate. Existing law also imposes a
fee of $20 upon every conviction for a criminal offense, other than
parking offenses, for funding of court security. Supplemental
penalties and fees are imposed upon specified parking offenses and
persons ordered to attend traffic violator school. Existing law
specifies the disposition of fines and forfeitures, and traffic
violator fees, collected by the courts for crimes other than parking
violations.
This bill would generally increase those fees, and would impose an
additional $40 fee upon every conviction for a criminal offense, but
would eliminate the fee schedule for filing a first petition or
first account in connection with a trust or estate and replace it
with a set filing fee. The bill would eliminate certain exemptions
from payment of filing fees in connection with an estate. The bill
would provide for a specified portion of all of those fees to be
deposited into the Immediate and Critical Needs Account of the State
Court Facilities Construction Fund, as described in (1) above. The
bill would make other conforming changes.
(5) This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6322.1 of the Business and Professions Code is
amended to read:
6322.1. (a) Until the end of the moratorium described in Section
70601 of the Government Code, the board of supervisors of any county
may increase, as provided in this section, the amount distributed to
its county law library fund from the uniform filing fees listed in
Section 6321 whenever it determines that the increase is necessary to
defray the expenses of the law library.
Any increase in the amount distributed to the law library fund in
any county under this subdivision shall not be effective until
January 1 of the next year after the adoption by the board of
supervisors of the increase. The amount of the increase in any
calendar year shall be no greater than three dollars ($3) over the
previous calendar year. A copy of the action of the board of
supervisors that establishes the increase shall be provided to the
Administrative Office of the Courts as soon as it becomes available
but no later than December 15 of the year before the increased
distribution goes into effect.
(b) Distribution changes after January 1, 2008, shall be
determined by the process described in Section 70601 of the
Government Code.
(c) (1) In an action or proceeding in which a claim for money
damages falls within the monetary jurisdiction of the small claims
court and is filed by an assignee who is prohibited from filing or
maintaining a claim pursuant to Section 116.420 of the Code of Civil
Procedure, the uniform filing fee shall be reduced by fifteen dollars
($15) to one hundred ninety dollars ($190) if the complaint contains
a declaration under penalty of perjury, executed by the party
requesting the reduction in fees, that the case qualifies for the
lower fee because the claim for money damages will not exceed the
monetary jurisdiction of small claims court and is filed by an
assignee of the claim.
(2) When the uniform filing fee is reduced as provided under this
subdivision, the amount distributed from each uniform filing fee to
the law library fund in the county shall be as follows:
Jurisdiction Amount
Alameda........................ $12.00
Alpine......................... 1.00
Amador......................... 6.00
Butte.......................... 12.00
Calaveras...................... 7.00
Colusa......................... 12.00
Contra Costa................... 8.00
Del Norte...................... 6.00
El Dorado...................... 9.00
Fresno......................... 9.00
Glenn.......................... 6.00
Humboldt....................... 12.00
Imperial....................... 12.00
Inyo........................... 6.00
Kern........................... 12.00
Kings.......................... 12.00
Lake........................... 12.00
Lassen......................... 12.00
Los Angeles.................... 5.00
Madera......................... 12.00
Marin.......................... 12.00
Mariposa....................... 4.00
Mendocino...................... 12.00
Merced......................... 12.00
Modoc.......................... 6.00
Mono........................... 6.00
Monterey....................... 10.00
Napa........................... 12.00
Nevada......................... 7.00
Orange......................... 8.00
Placer......................... 7.00
Plumas......................... 6.00
Riverside...................... 12.00
Sacramento..................... 8.50
San Benito..................... 6.00
San Bernardino................. 12.00
San Diego...................... 12.00
San Francisco.................. 12.00
San Joaquin.................... 10.00
San Luis Obispo................ 12.00
San Mateo...................... 12.00
Santa Barbara.................. 12.00
Santa Clara.................... 8.00
Santa Cruz..................... 12.00
Shasta......................... 8.50
Sierra......................... 9.00
Siskiyou....................... 8.00
Solano......................... 9.00
Sonoma......................... 12.00
Stanislaus..................... 6.50
Sutter......................... 1.00
Tehama......................... 9.00
Trinity........................ 6.00
Tulare......................... 12.00
Tuolumne....................... 2.00
Ventura........................ 12.00
Yolo........................... 10.00
Yuba........................... 7.00
The increases described in subdivision (a) do not apply to the law
library distributions in this subdivision.
(3) Notwithstanding subdivision (d) of Section 68085.4 of the
Government Code, when the uniform filing fee is reduced as provided
in this subdivision, the amounts distributed to dispute resolution
programs, the State Court Facilities Construction Fund, the Judges'
Retirement Fund, children's waiting rooms, and the Equal Access Fund
shall remain as provided under subdivisions (b) and (c) of Section
68085.4 of the Government Code and shall not be changed. Only the
amounts distributed to the Trial Court Trust Fund and the law
libraries shall be adjusted. If the fee is further reduced below one
hundred ninety dollars ($190), as with a partial waiver or partial
payment, the proportional reductions described in subdivision (g) of
Section 68085.1 of the Government Code shall apply.
(d) Distributions under this section to the law library fund in
each county shall be used only for the purposes authorized by this
chapter.
(e) As used in this section and Section 6321, "law library fund"
includes a law library account described in the second paragraph of
Section 6320.
SEC. 2. Section 68085.3 of the Government Code is amended to read:
68085.3. (a) Fees collected under Sections 70611, 70612, 70650,
70651, 70652, 70653, 70655, and 70670 shall be deposited in a bank
account established by the Administrative Office of the Courts for
deposit of fees collected by the courts.
(b) For each three-hundred-fifty-five-dollar ($355) fee listed in
subdivision (a), and each fee listed in paragraphs (2) to (9),
inclusive, of subdivision (a) of Section 70650, the Administrative
Office of the Courts shall distribute specified amounts in each
county as follows:
(1) To the county law library fund, the amount described in
Sections 6321 and 6322.1 of the Business and Professions Code.
(2) To the account to support dispute resolution programs, the
amount described in Section 470.5 of the Business and Professions
Code.
(c) The remainder of the fees in subdivision (a) shall be
transmitted monthly to the Treasurer for deposit. For each
three-hundred-fifty-five-dollar ($355) fee listed in subdivision (a),
and each fee listed in paragraphs (2) to (9), inclusive, of
subdivision (a) of Section 70650, the Controller shall make deposits
as follows:
(1) To the State Court Facilities Construction Fund, as provided
in Article 6 (commencing with Section 70371) of Chapter 5.7,
thirty-five dollars ($35).
(2) To the Immediate and Critical Needs Account of the State Court
Facilities Construction Fund, established in Section 70371.5,
thirty-five dollars ($35).
(3) To the Judges' Retirement Fund, as established in Section
75100, two dollars and fifty cents ($2.50).
(4) To the Trial Court Trust Fund for use as part of the Equal
Access Fund program administered by the Judicial Council, four
dollars and eighty cents ($4.80).
(5) To the Trial Court Trust Fund, as provided in Section 68085.1,
the remainder of the fee.
(d) If any of the fees listed in subdivision (a) are reduced or
partially waived, the amount of the reduction or partial waiver shall
be deducted from the amount to be distributed to each fund or
account in the same proportion as the amount of each distribution
bears to the total amount of the fee.
(e) As used in this section, "law library fund" includes a law
library account described in Section 6320 of the Business and
Professions Code.
SEC. 3. Section 68085.4 of the Government Code is amended to read:
68085.4. (a) Fees collected under Sections 70613, 70614, 70621,
70654, 70656, and 70658 of this code, Section 103470 of the Health
and Safety Code, and Section 7660 of the Probate Code, shall be
deposited in a bank account established by the Administrative Office
of the Courts for deposit of fees collected by the courts.
(b) For each three-hundred-thirty-dollar ($330) fee and each
two-hundred-five-dollar ($205) fee listed in subdivision (a), the
Administrative Office of the Courts shall distribute specified
amounts in each county as follows:
(1) To the county law library fund, the amount described in
Sections 6321 and 6322.1 of the Business and Professions Code.
(2) To the account to support dispute resolution programs, the
amount described in Section 470.5 of the Business and Professions
Code.
(c) The remainder of the fees in subdivision (a) shall be
transmitted monthly to the Treasurer for deposit. For each
three-hundred-thirty-dollar ($330) fee and each
two-hundred-five-dollar ($205) fee listed in subdivision (a), the
Controller shall make deposits as follows:
(1) To the State Court Facilities Construction Fund, as provided
in Article 6 (commencing with Section 70371) of Chapter 5.7,
twenty-five dollars ($25) if the fee is three hundred thirty dollars
($330), and twenty dollars ($20) if the fee is two hundred five
dollars ($205).
(2) To the Immediate and Critical Needs Account of the State Court
Facilities Construction Fund, established in Section 70371.5, thirty
dollars ($30) if the fee is three hundred thirty dollars ($330), and
twenty-five dollars ($25) if the fee is two hundred five dollars
($205).
(3) To the Judges' Retirement Fund, as established in Section
75100, two dollars and fifty cents ($2.50).
(4) To the Trial Court Trust Fund for use as part of the Equal
Access Fund program administered by the Judicial Council, four
dollars and eighty cents ($4.80).
(5) To the Trial Court Trust Fund, as provided in Section 68085.1,
the remainder of the fee.
(d) If any of the fees listed in subdivision (a) are reduced or
partially waived, the amount of the reduction or partial waiver shall
be deducted from the amount to be distributed to each fund or
account in the same proportion as the amount of each distribution
bears to the total amount of the fee.
(e) As used in this section, "law library fund" includes a law
library account described in Section 6320 of the Business and
Professions Code.
SEC. 4. Section 68086.1 of the Government Code is amended to read:
68086.1. (a) Commencing January 1, 2006, for each
three-hundred-fifty-five-dollar ($355) fee collected under Section
70611, 70612, or 70670, twenty-five dollars ($25) of the amount
distributed to the Trial Court Trust Fund shall be used for services
of an official court reporter in civil proceedings.
(b) Commencing January 1, 2006, for each
three-hundred-thirty-dollar ($330) fee collected under subdivision
(a) of Section 70613 or subdivision (a) of Section 70614, twenty-five
dollars ($25) of the amount distributed to the Trial Court Trust
Fund shall be used for services of an official court reporter in
civil proceedings.
(c) It is the intent of the Legislature, in approving the
twenty-five-dollar ($25) distribution out of each filing fee listed
in subdivisions (a) and (b), to continue an incentive to courts to
use the services of an official court reporter in civil proceedings.
However, nothing in this section shall affect the Judicial Council's
authority to allocate these revenues to replace reductions in the
General Fund appropriation to the Trial Court Trust Fund.
(d) The portion of the distribution to the Trial Court Trust Fund
to be used for services of an official court reporter in civil
proceedings pursuant to subdivisions (a) and (b) shall be used only
in trial courts that utilize the services of an official court
reporter in civil proceedings.
SEC. 5. Section 70371.5 is added to the Government Code, to read:
70371.5. (a) There is hereby established the Immediate and
Critical Needs Account of the State Court Facilities Construction
Fund, the proceeds of which shall only be used for any of the
following:
(1) The planning, design, construction, rehabilitation,
renovation, replacement, or acquisition of court facilities.
(2) Repayment for moneys appropriated for lease of court
facilities pursuant to the issuance of lease-revenue bonds.
(3) Payment for lease or rental of court facilities, including
those made for facilities in which one or more private sector
participants undertake some of the risks associated with the
financing, design, construction, or operation of the facility.
(b) Any moneys expended from the Immediate and Critical Needs
Account are not subject to Section 77202. Any planning, design,
construction, rehabilitation, renovation, replacement, or acquisition
of a court facility that is funded from the Immediate and Critical
Needs Account is not subject to subdivision (a) of Section 6029 of
the Penal Code.
(c) It is the intent of the Legislature that the money in the
Immediate and Critical Needs Account of the State Court Facilities
Construction Fund shall be used in part to pay the debt service of
lease revenue bonds, notes, bond anticipation notes, or other
appropriate financial instruments used to pay for the costs referred
to in subdivision (a) in the amount of up to five billion dollars
($5,000,000,000). The total bonded indebtedness shall not exceed that
amount for which fine and fee revenues may fully satisfy the debt
service.
SEC. 6. Section 70372 of the Government Code is amended to read:
70372. (a) (1) Except as otherwise provided in subdivision (b) of
Section 70375 and in this article, there shall be levied a state
court construction penalty, in the amount of five dollars ($5) for
every ten dollars ($10), or part of ten dollars ($10), upon every
fine, penalty, or forfeiture imposed and collected by the courts for
all criminal offenses, including, but not limited to, all offenses
involving a violation of a section of the Fish and Game Code, the
Health and Safety Code, or the Vehicle Code or any local ordinance
adopted pursuant to the Vehicle Code. This penalty is in addition to
any other state or local penalty, including, but not limited to, the
penalty provided by Section 1464 of the Penal Code and Section 76000.
(2) The amount of the court construction penalty may be reduced by
a county as provided in subdivision (b) of Section 70375.
(3) This construction penalty does not apply to the following:
(A) Any restitution fine.
(B) Any penalty authorized by Section 1464 of the Penal Code or
Chapter 12 (commencing with Section 76000) of Title 8.
(C) Any parking offense subject to Article 3 (commencing with
Section 40200) of Chapter 1 of Division 17 of the Vehicle Code.
(D) The state surcharge authorized by Section 1465.7 of the Penal
Code.
(4) Any bail schedule adopted pursuant to Section 1269b of the
Penal Code or adopted by the Judicial Council pursuant to Section
40310 of the Vehicle Code may include the necessary amount to pay the
penalty established by this section, the penalties authorized by
Section 1464 of the Penal Code and Chapter 12 (commencing with
Section 76000) of Title 8, and the surcharge authorized by Section
1465.7 of the Penal Code for all matters where a personal appearance
is not mandatory and the bail is posted primarily to guarantee
payment of the fine. After a determination by the court of the amount
due, the clerk of the court shall collect the penalty and transmit
it immediately to the county treasury and the county treasurer shall
transmit these sums as provided in subdivision (f).
(b) In addition to the penalty provided by subdivision (a), for
every parking offense where a parking penalty, fine, or forfeiture is
imposed, an added state court construction penalty of three
dollars and fifty cents ($3.50) four dollars and
fifty cents ($4.50) shall be included in the total penalty,
fine, or forfeiture. These moneys shall be taken from fines and
forfeitures deposited with the county treasurer prior to any division
pursuant to Section 1462.3 or 1463.009 of the Penal Code. In those
cities, districts, or other issuing agencies which elect to accept
parking penalties, and otherwise process parking violations pursuant
to Article 3 (commencing with Section 40200) of Chapter 1 of Division
17 of the Vehicle Code, that city, district, or issuing agency shall
observe the increased bail amounts as established by the court
reflecting the added penalty provided for by this section. Each
agency which elects to process parking violations shall pay to the
county treasurer three dollars and fifty cents ($3.50)
four dollars and fifty cents ($4.50) for the
parking penalty imposed by this section for each violation which is
not filed in court. Those payments to the county treasurer shall be
made monthly, and the county treasurer shall transmit these sums as
provided in subdivision (f).
(c) Where multiple offenses are involved, the state court
construction penalty shall be based upon the total fine or bail for
each case. When a fine is suspended, in whole or in part, the state
court construction penalty shall be reduced in proportion to the
suspension.
(d) When any deposited bail is made for an offense to which this
section applies, and for which a court appearance is not mandatory,
the person making the deposit shall also deposit a sufficient amount
to include the state court construction penalty prescribed by this
section for forfeited bail. If bail is returned, the state court
construction penalty paid thereon pursuant to this section shall also
be returned.
(e) In any case where a person convicted of any offense, to which
this section applies, is in prison until the fine is satisfied, the
judge may waive all or any part of the state court construction
penalty, the payment of which would work a hardship on the person
convicted or his or her immediate family.
(f) (1) Within 45 days after the end of the month that moneys are
deposited in the county treasury pursuant to subdivision (a), the
county treasurer shall transmit the moneys to the Controller, to be
deposited as follows:
(A) The total to be deposited pursuant to subdivision (a) shall be
multiplied by a fraction as follows:
(i) The numerator is the amount imposed as an additional penalty
on every ten dollars ($10), or part of ten dollars ($10), upon every
fine, penalty, or forfeiture, if any, for deposit into the local
courthouse construction fund in that county established pursuant to
Sections 76000 and 76100. The numerator shall be expressed in whole
dollars and fractions of a dollar.
(ii) The denominator is five dollars ($5).
(B) The resulting amount shall be deposited in the Immediate and
Critical Needs Account of the State Court Facilities Construction
Fund, established in Section 70371.5.
(C) The remaining amount of the deposit shall be deposited in the
State Court Facilities Construction Fund.
(2) Within 45 days after the end of the month that moneys are
deposited in the county treasury pursuant to subdivision (b), the
county treasurer shall transmit the moneys to the Controller to be
deposited as follows: three-sevenths of the total amount shall be
deposited in the State Court Facilities Construction Fund and
four-sevenths of the total amount shall be deposited in the Immediate
and Critical Needs Account of the State Court Facilities
Construction Fund, established in Section 70371.5.
SEC. 6.5. Section 70373 is added to the Government Code, to read:
70373. (a) (1) To ensure and maintain adequate funding for court
facilities, a fee of forty dollars ($40) shall be imposed on every
conviction for a criminal offense, including a traffic offense,
except parking offenses as defined in subdivision (i) of Section 1463
of the Penal Code, involving a violation of a section of the Vehicle
Code or any local ordinance adopted pursuant to the Vehicle Code.
(2) For the purposes of this section, "conviction" includes the
dismissal of a traffic violation on the condition that the defendant
attend a court-ordered traffic violator school, as authorized by
Sections 41501 and 42005 of the Vehicle Code. This security fee shall
be deposited in accordance with subdivision (d), and may not be
included with the fee calculated and distributed pursuant to Section
42007 of the Vehicle Code.
(b) This fee shall be in addition to the state penalty assessed
pursuant to Section 1464 of the Penal Code and may not be included in
the base fine to calculate the state penalty assessment as specified
in subdivision (a) of Section 1464 of the Penal Code. The penalties
authorized by Chapter 12 (commencing with Section 76000), and the
state surcharge authorized by Section 1465.7 of the Penal Code, do
not apply to this fee.
(c) When bail is deposited for an offense to which this section
applies, and for which a court appearance is not necessary, the
person making the deposit also shall deposit a sufficient amount to
include the fee prescribed by this section.
(d) Notwithstanding any other law, the fees collected pursuant to
subdivision (a) shall all be deposited in a special account in the
county treasury and transmitted therefrom monthly to the Controller
for deposit in the Immediate and Critical Needs Account of the State
Court Facilities Construction Fund, established in Section 70371.5.
(e) The Judicial Council shall provide for the administration of
this section.
SEC. 7. Section 70374 of the Government Code, as amended by
Section 5 of Chapter 9 of the Statutes of 2008, is amended to read:
70374. (a) The Judicial Council shall annually recommend to the
Governor and the Legislature the amount proposed to be spent for
projects paid for with money in the State Court Facilities
Construction Fund. The use of the appropriated money is subject to
subdivision (l) of Section 70391.
(b) Acquisition and construction of court facilities shall be
subject to the State Building Construction Act of 1955 (commencing
with Section 15800) and the Property Acquisition Law (commencing with
Section 15850), except that, (1) notwithstanding any other provision
of law, the Administrative Office of the Courts shall serve as an
implementing agency upon approval of the Department of Finance, and
(2) the provisions of subdivision (e) shall prevail. Acquisition and
construction of facilities are not subject to the provisions of the
Public Contract Code, but shall be subject to facilities contracting
policies and procedures adopted by the Judicial Council after
consultation and review by the Department of Finance.
(c) Money in the State Court Facilities Construction Fund shall
only be used for either of the following:
(1) The planning, design, construction, rehabilitation,
renovation, replacement, leasing, or acquisition of court facilities,
as defined by subdivision (d) of Section 70301.
(2) The rehabilitation of one or more existing court facilities in
conjunction with the construction, acquisition, or financing of one
or more new court facilities.
(d) (1) Except as provided in Section 70374.2 and paragraph (2) of
this subdivision, 25 percent of all money collected for the State
Court Facilities Construction Fund from any county shall be
designated for implementation of trial court projects in that county.
The Judicial Council shall determine the local projects after
consulting with the trial court in that county and based on the
locally approved trial court facilities master plan for that county.
(2) Paragraph (1) shall not apply to money that has been deposited
in the Immediate and Critical Needs Account of the State Court
Facilities Construction Fund, established in Section 70371.5.
(e) The following provisions shall prevail over provisions of the
State Building Construction Act of 1955 (Part 10b (commencing with
Section 15800) of Division 3 of Title 2) in regard to buildings
subject to this section.
(1) The Administrative Office of the Courts shall be responsible
for the operation, including, but not limited to, the maintenance and
repair, of all court facilities whose title is held by the state.
Notwithstanding Section 15807, the operation of buildings under this
section shall be the responsibility of the Judicial Council.
(2) Notwithstanding Section 15808.1, the Judicial Council shall
have the responsibility for determining whether a building under this
act shall be located within or outside of an existing public transit
corridor.
(3) The buildings under this section are subject to Section
15814.12 concerning cogeneration and alternative energy sources at
the request of, or with the consent of, the Judicial Council. Any
building acquired by the state pursuant to this section on or before
July 1, 2007, is not subject to subdivision (b) of Section 15814.12
concerning acquiring of cogeneration or alternative energy equipment
if the building, when acquired, already had cogeneration or
alternative energy equipment. Section 15814.17 only applies to
buildings to which the Judicial Council has given its consent under
subdivision (a) of Section 15814.12.
(f) The State Public Works Board may issue lease-revenue bonds,
notes, or bond anticipation notes pursuant to Chapter 5 (commencing
with Section 15830) of Part 10b of Division 3 of Title 2 in an amount
not to exceed five billion dollars ($5,000,000,000) to finance the
planning, design, construction, rehabilitation, renovation,
replacement, leasing, or acquisition of court facilities. The
Judicial Council shall make recommendations to the Governor and the
Legislature for projects based on its determination that the need for
a project is most immediate and critical using the then most recent
version of the Prioritization Methodology for Trial Court
Capital-Outlay Projects originally adopted on August 26, 2006.
(g) The State Public Works Board and the Judicial Council may
obtain interim financing for the project costs authorized in
subdivision (f) from any appropriate source, including, but not
limited to, the Pooled
Money Investment Account pursuant to Sections 16312 and 16313.
(h) The Judicial Council is authorized and directed to execute and
deliver any and all leases, contracts, agreements, or other
documents necessary or advisable to consummate the sale of bonds or
otherwise effectuate the financing of the projects authorized under
subdivision (f).
(i) The State Public Works Board may authorize the augmentation of
the cost of construction of the projects authorized under
subdivision (f) pursuant to that board's authority under Section
13332.11. In addition, the board may authorize any additional amount
necessary to establish a reasonable construction reserve and to pay
the cost of financing, including the payment of interest during the
design and construction of the projects, the costs of financing a
debt service fund, and the cost of issuance of permanent financing
for the projects. This additional amount may include interest payable
on any interim financing obtained. The total bonded indebtedness
authorized pursuant to this section shall not exceed that amount for
which fine and fee revenues may fully satisfy the debt service.
(j) In the event that the bonds authorized for projects in
subdivision (f) are not sold, the Judicial Council shall commit a
sufficient portion of its current support appropriation, as
determined by the Department of Finance, to repay any interim
financing. It is the intent of the Legislature that this commitment
be made until all interim financing is repaid either through the
proceeds of the sale of bonds or from an appropriation.
(k) The State Public Works Board shall not itself be deemed a lead
or responsible agency for purposes of the California Environmental
Quality Act as set forth in Division 13 (commencing with Section
21000) of the Public Resources Code for any activities under the
State Building Construction Act of 1955 as set forth in Part 10b
(commencing with Section 15800) of Division 3 of Title 2. This
subdivision does not exempt the Judicial Council or any other agency
from the requirements of the California Environmental Quality Act.
SEC. 8. Section 70375 of the Government Code is amended to read:
70375. (a) This article shall take effect on January 1, 2003, and
the fund, penalty, and fee assessment established by this article
shall become operative on January 1, 2003, except as otherwise
provided in this article.
(b) In each county, the five-dollar ($5) penalty amount authorized
by subdivision (a) of Section 70372 shall be reduced by the amount
collected for transmission to the state for inclusion in the
Transitional State Court Facilities Construction Fund established
pursuant to Section 70401 to the extent it is funded by money from
the local courthouse construction fund.
(c) The authority for all of the following shall expire
proportionally on the June 30th following the date of transfer of
responsibility for facilities from the county to the Judicial
Council, except so long as money is needed to pay for construction
provided for in those sections and undertaken prior to the transfer
of responsibility for facilities from the county to the Judicial
Council:
(1) An additional penalty for a local courthouse construction fund
established pursuant to Section 76100.
(2) A filing fee surcharge in the County of Riverside established
pursuant to Section 70622.
(3) A filing fee surcharge in the County of San Bernardino
established pursuant to Section 70624.
(4) A filing fee surcharge in the City and County of San Francisco
established pursuant to Section 70625.
(d) For purposes of subdivision (c), the term "proportionally"
means that proportion of the fee or surcharge that shall expire upon
the transfer of responsibility for a facility that is the same
proportion as the square footage that facility bears to the total
square footage of court facilities in that county.
SEC. 9. Section 70391 of the Government
Code is amended to read:
70391. The Judicial Council, as the policymaking body for the
judicial branch, shall have the following responsibilities and
authorities with regard to court facilities, in addition to any other
responsibilities or authorities established by law:
(a) Exercise full responsibility, jurisdiction, control, and
authority as an owner would have over trial court facilities whose
title is held by the state, including, but not limited to, the
acquisition and development of facilities.
(b) Exercise the full range of policymaking authority over trial
court facilities, including, but not limited to, planning,
construction, acquisition, and operation, to the extent not expressly
otherwise limited by law.
(c) Dispose of surplus court facilities following the transfer of
responsibility under Article 3 (commencing with Section 70321),
subject to all of the following:
(1) If the property was a court facility previously the
responsibility of the county, the Judicial Council shall comply with
the requirements of Section 11011, and as follows, except that,
notwithstanding any other provision of law, the proportion of the net
proceeds that represents the proportion of other state funds used on
the property other than for operation and maintenance shall be
returned to the fund from which it came and the remainder of the
proceeds shall be deposited in the State Court Facilities
Construction Fund.
(2) The Judicial Council shall consult with the county concerning
the disposition of the facility. Notwithstanding any other law,
including Section 11011, when requested by the transferring county, a
surplus facility shall be offered to that county at fair market
value prior to being offered to any other state agency or other local
government agency.
(3) The Judicial Council shall consider whether the potential new
or planned use of the facility:
(A) Is compatible with the use of other adjacent public buildings.
(B) Unreasonably departs from the historic or local character of
the surrounding property or local community.
(C) Has a negative impact on the local community.
(D) Unreasonably interferes with other governmental agencies that
use or are located in or adjacent to the building containing the
court facility.
(E) Is of sufficient benefit to outweigh the public good in
maintaining it as a court facility or building.
(4) All funds received for disposal of surplus court facilities
shall be deposited by the Judicial Council in the State Court
Facilities Construction Fund.
(5) If the facility was acquired, rehabilitated, or constructed,
in whole or in part, with money in the State Court Facilities
Construction Fund that was deposited in that fund from the state
fund, any funds received for disposal of that facility shall be
apportioned to the state fund and the State Court Facilities
Construction Fund in the same proportion that the original cost of
the building was paid from the state fund and other sources of the
State Court Facilities Construction Fund.
(6) Submission of a plan to the Legislature for the disposition of
court facilities transferred to the state, prior to, or as part of,
any budget submission to fund a new courthouse that will replace the
existing court facilities transferred to the state.
(d) Conduct audits of all of the following:
(1) The collection of fees by the local courts.
(2) The money in local courthouse construction funds established
pursuant to Section 76100.
(3) The collection of fees to be transmitted to the state for
deposit in the Immediate and Critical Needs Account of the State
Court Facilities Construction Fund, established in Section 70371.5.
(e) Establish policies, procedures, and guidelines for ensuring
that the courts have adequate and sufficient facilities, including,
but not limited to, facilities planning, acquisition, construction,
design, operation, and maintenance.
(f) Establish and consult with local project advisory groups on
the construction of new trial court facilities, including the trial
court, the county, the local sheriff, state agencies, bar
groups, and members of the community. Consultation with the
local sheriff in design, planning, and construction shall include the
physical layout of new facilities, as it relates to court security
and other security considerations, including matters relating to the
safe control and transport of in-custody defendants.
(g) Manage court facilities in consultation with the trial courts.
(h) Allocate appropriated funds for court facilities maintenance
and construction, subject to the other provisions of this chapter.
(i) Manage shared-use facilities to the extent required by the
agreement under Section 70343.
(j) Prepare funding requests for court facility construction,
repair, and maintenance.
(k) Implement the design, bid, award, and construction of all
court construction projects, except as delegated to others.
() Provide for capital outlay projects that may be built with
funds appropriated or otherwise available for these purposes as
follows:
(1) Approve five-year and master plans for each district.
(2) Establish priorities for construction.
(3) Recommend to the Governor and the Legislature the projects to
be funded by the State Court Facilities Construction Fund.
(4) Submit the cost of projects proposed to be funded to the
Department of Finance for inclusion in the Governor's Budget.
(m) In carrying out its responsibilities and authority under this
section, the Judicial Council shall consult with the local court for:
(1) Selecting and contracting with facility consultants.
(2) Preparing and reviewing architectural programs and designs for
court facilities.
(3) Preparing strategic master and five-year capital facilities
plans.
(4) Major maintenance of any facility.
SEC. 9. SEC. 9.5. Section 70603 of
the Government Code is amended to read:
70603. (a) Except as provided in this section, the fees charged
for filings and services under this chapter are intended to be
uniform statewide and to be the only allowable fees for those
services and filings. The only charges that may be added to the fees
in this chapter are the following:
(1) In a complex case, the fee provided for in Section 70616 may
be added to the first paper and first responsive paper filing fees in
Sections 70611, 70612, 70613, and 70614.
(2) In an unlawful detainer action subject to Section 1161.2 of
the Code of Civil Procedure, a charge of fifteen dollars ($15) as
provided under that section may be added to the fee in Section 70613
for filing a first appearance by a plaintiff.
(3) In Riverside County, a surcharge as provided in Section 70622
may be added to the first paper and first responsive paper filing
fees in Sections 70611, 70612, 70613, 70614, 70650, 70651, 70652,
70653, 70655, and 70670.
(4) In San Bernardino County, a surcharge as provided in Section
70624 may be added to the first paper and first responsive paper
filing fees in Sections 70611, 70612, 70613, 70614, 70650, 70651,
70652, 70653, 70655, and 70670. This paragraph applies to fees
collected under Sections 70611, 70612, 70613, 70614, 70650, 70651,
70652, 70653, 70655, and 70670, beginning January 1, 2006.
(5) In the City and County of San Francisco, a surcharge as
provided in Section 70625 may be added to the first paper and first
responsive paper filing fees in Sections 70611, 70612, 70613, 70614,
70650, 70651, 70652, 70653, 70655, and 70670.
(b) Notwithstanding paragraph (1) of subdivision (c) of Section
68085.3 and paragraph (1) of subdivision (c) of Section 68085.4, when
a charge for courthouse construction in the County or City and
County of San Francisco, Riverside, or San Bernardino is added to the
uniform filing fee as provided under paragraph (3), (4), or (5) of
subdivision (a), the amount distributed to the State Court Facilities
Construction Fund under Section 68085.3 or 68085.4 shall be reduced
by an amount equal to the charge added under paragraph (3), (4), or
(5) of subdivision (a), up to the amount that would otherwise be
distributed to the State Court Facilities Construction Fund. If the
amount added under paragraph (3), (4), or (5) of subdivision (a) is
greater than the amount that would be distributed to the State Court
Facilities Construction Fund under Section 68085.3 or 68085.4, no
distribution shall be made to the State Court Facilities Construction
Fund, but the amount charged to the party may be greater than the
amount of the uniform fee otherwise allowed, in order to collect the
surcharge under paragraph (3), (4), or (5) of subdivision (a).
(c) If a filing fee is reduced by fifteen dollars ($15) under
subdivision (c) of Section 6322.1 of the Business and Professions
Code, and a courthouse construction surcharge is added to the filing
fee as provided under paragraph (3), (4), or (5) of subdivision (a),
the amount distributed to the State Court Facilities Construction
Fund under Section 68085.4 shall be reduced as provided in
subdivision (b). If the amount added under paragraph (3), (4), or (5)
of subdivision (a) is greater than the amount that would be
distributed to the State Court Facilities Construction Fund under
Section 68085.4, no distribution shall be made to the State Court
Facilities Construction Fund, but the amount charged to the party may
be greater than one hundred ninety dollars ($190), in order to
collect the surcharge under paragraph (3), (4), or (5) of subdivision
(a).
SEC. 10. Section 70611 of the Government Code is amended to read:
70611. The uniform fee for filing the first paper in a civil
action or proceeding in the superior court, other than in a limited
civil case, an adoption proceeding, a proceeding under the Probate
Code, or a proceeding under the Family Code, is three hundred
fifty-five dollars ($355). The fee shall be distributed as provided
in Section 68085.3.
This section applies to the initial complaint, petition, or
application, and the papers transmitted from another court on the
transfer of a civil action or proceeding, but does not include
documents filed pursuant to Section 491.150, 704.750, or 708.160 of
the Code of Civil Procedure.
SEC. 11. Section 70612 of the Government Code is amended to read:
70612. (a) The uniform fee for filing the first paper in the
action or proceeding described in Section 70611 on behalf of any
defendant, intervenor, respondent, or adverse party, whether
separately or jointly, except for the purpose of making disclaimer,
is three hundred fifty-five dollars ($355). The fee shall be
distributed as provided in Section 68085.3.
(b) As used in this section, the term "paper" does not include a
stipulation for the appointment of a temporary judge or of a court
investigator, or the report made by the court investigator.
SEC. 12. Section 70613 of the Government Code is amended to read:
70613. (a) The uniform fee for filing the first paper in a
limited civil case is three hundred thirty dollars ($330), except as
provided in subdivision (b).
(b) In a case where the amount demanded, excluding attorney's fees
and costs, is ten thousand dollars ($10,000) or less, the uniform
fee for filing the first paper is two hundred five dollars ($205).
The first page of the first paper shall state whether the amount
demanded exceeds or does not exceed ten thousand dollars ($10,000).
(c) This section applies to the initial complaint, petition, or
application, and any papers transmitted from another court on the
transfer of a civil action or proceeding, but does not include
documents filed pursuant to Section 491.150, 704.750, or 708.160 of
the Code of Civil Procedure.
(d) The fee for a paper filed under this section shall be
distributed as provided in Section 68085.4.
(e) The fee shall be waived in any action for damages against a
defendant, based upon the defendant's commission of a felony offense,
upon presentation to the clerk of the court of a certified copy of
the abstract of judgment of conviction of the defendant of the felony
giving rise to the claim for damages. If the plaintiff would have
been entitled to recover those fees from the defendant had they been
paid, the court may assess the amount of the waived fees against the
defendant and order the defendant to pay that sum to the court.
SEC. 13. Section 70614 of the Government Code is amended to read:
70614. (a) The uniform fee for filing the first paper in a
limited civil case on behalf of any party other than a plaintiff is
three hundred thirty dollars ($330), except as provided in
subdivision (b).
(b) In a case where the amount demanded, excluding attorney's fees
and costs, is ten thousand dollars ($10,000) or less, the uniform
fee for filing the first paper is two hundred five dollars ($205).
(c) The fees in this section do not apply to papers filed for the
purpose of making disclaimer.
(d) The fee for a paper filed under this section shall be
distributed as provided in Section 68085.4.
SEC. 14. Section 70621 of the Government Code is amended to read:
70621. (a) (1) The fee for filing a notice of appeal to the
appellate division of the superior court in a limited civil case is
three hundred thirty dollars ($330), except as provided in
subdivision (b).
(2) The fee for filing a petition for a writ within the original
jurisdiction of the appellate division of the superior court is three
hundred thirty dollars ($330), except as provided in subdivision
(b).
(b) If the amount demanded in the limited civil case, excluding
attorney's fees and costs, is ten thousand dollars ($10,000) or less,
the fee for filing a petition for a writ or a notice of appeal to
the appellate division of the superior court is two hundred five
dollars ($205).
(c) The fees provided for in this section shall be distributed as
provided in Section 68085.4.
(d) The Judicial Council may make rules governing the time and
method of payment of the fees in this section and providing for
excuse.
SEC. 15. Section 70650 of the Government Code is amended to read:
70650. (a) The uniform filing fee for the first petition for
letters of administration or letters testamentary, or the first
petition for special letters of administration with the powers of a
general personal representative pursuant to Section 8545 of the
Probate Code, is three hundred fifty-five dollars ($355).
(b) The uniform filing fee for the first objections to the probate
of any will or codicil under Section 8250 of the Probate Code, or
the first petition for revocation of probate of any will or codicil
under Section 8270 of the Probate Code, is three hundred fifty-five
dollars ($355). The uniform filing fee for the first petition for
special letters of administration without the powers of a general
personal representative is the fee provided in Section 70657.5. Where
objections to the probate of a will or codicil or a petition for
revocation of probate of a will or codicil are filed together with a
petition for appointment of a personal representative described in
subdivision (c) filed by the same person, only the fee provided in
subdivision (c) shall be charged to that person.
(c) A fee of three hundred fifty-five dollars ($355) shall also be
charged for filing each subsequent petition or objections of a type
described in subdivision (a) in the same proceeding by a person other
than the original petitioner or contestant. The same fee as provided
in subdivision (b) shall be charged for filing each subsequent
petition or objections of a type described in that subdivision in the
same proceeding by a person other than the original petitioner or
contestant.
(d) Notwithstanding Section 70658.5, if a petition for special
letters of administration without the powers of a general personal
representative is filed together with a petition for appointment of
an administrator with general powers under subdivision (a) or (c) by
the same person, the person filing the petitions shall be charged the
applicable filing fees for both petitions.
(e) The first three hundred fifty-five dollars ($355) of the
filing fee charged under this section shall be distributed as
provided in Section 68085.3. The remainder shall be distributed to
the Trial Court Trust Fund.
SEC. 16. Section 70651 of the Government Code is amended to read:
70651. (a) The uniform filing fee for objections or any other
paper in opposition to a petition described in subdivision (a) of
Section 70650, other than a petition described in subdivision (c) of
Section 70650, is three hundred fifty-five dollars ($355). If
objections or any other paper in opposition are filed together with a
petition described in subdivision (c) of Section 70650 by the same
person, only the fee provided in subdivision (c) of Section 70650
shall be charged to that person.
(b) The uniform filing fee charged under this section shall be
distributed as provided in Section 68085.3.
SEC. 17. Section 70652 of the Government Code is amended to read:
70652. (a) The uniform filing fee for each petition concerning
the internal affairs of a trust under Chapter 3 (commencing with
Section 17200) of Part 5 of Division 9 of the Probate Code, or a
first account of a trustee of a testamentary trust that is subject to
the continuing jurisdiction of the court pursuant to Chapter 4
(commencing with Section 17300) of Part 5 of Division 9 of the
Probate Code, is three hundred fifty-five dollars ($355).
(b) The uniform filing fee for each paper filed in opposition to a
petition or first account of a trustee of a testamentary trust under
subdivision (a) is three hundred fifty-five dollars ($355).
(c) To avoid hardship, or for other good cause, the court may
direct the clerk of the court to refund all or any part of a filing
fee paid under this section.
(d) This section does not apply to petitions or opposition filed
concerning trusts created by court order under Article 10 (commencing
with Section 2580) of Chapter 6 of Part 3 of Division 4 of the
Probate Code, Article 1 (commencing with Section 3100) of Chapter 3
of Part 6 of Division 4 of the Probate Code, Article 1 (commencing
with Section 3600) of Chapter 4 of Part 8 of Division 4 of the
Probate Code.
SEC. 18. Section 70653 of the Government Code is amended to read:
70653. (a) The uniform filing fee for a petition for appointment
of a conservator, a guardian of the estate, or a guardian of the
person and estate, pursuant to Division 4 (commencing with Section
1400) of the Probate Code, is three hundred fifty-five dollars
($355).
(b) Except as provided in subdivision (f), the uniform filing fee
for objections or any other paper in opposition to a petition under
subdivision (a) or (d) is three hundred fifty-five dollars ($355).
(c) If a competing petition for appointment of a guardian or
conservator subject to the fee under subdivision (a) is filed
together with opposition to the petition of another by the same
person, the person filing the competing petition and opposition shall
be charged a filing fee only for the competing petition.
(d) Notwithstanding Section 70658.5, if a petition for appointment
of a temporary guardian or conservator is filed together with a
petition for appointment of a guardian or conservator under
subdivision (a), or a competing petition under subdivision (c) by the
same person, the person filing the petitions shall be charged the
applicable filing fees for both petitions.
(e) The uniform filing fee charged under this section shall be
distributed as provided in Section 68085.3.
(f) No fee under this section shall be charged for objections or
any other paper in opposition filed by or on behalf of the proposed
conservatee, or the minor or a parent of the minor who is the subject
of a guardianship proceeding.
SEC. 19. Section 70654 of the Government Code is amended to read:
70654. (a) The uniform filing fee for a petition for appointment
of a guardian of the person only, is two hundred five dollars ($205).
(b) Except as provided in subdivision (e), the uniform filing fee
for objections or any other paper in opposition to a petition under
subdivision (a) is two hundred five dollars ($205).
(c) If a competing petition for appointment of a guardian subject
to the fee under subdivision (a) is filed together with opposition to
the petition of another by the same person, the person filing the
competing petition and opposition shall be charged a filing fee only
for the competing petition.
(d) Notwithstanding Section 70658.5, if a petition for appointment
of a temporary guardian is filed together with a petition for
appointment of a guardian under subdivision (a), or a competing
petition under subdivision (c) by the same person, the person filing
the petitions shall be charged the applicable filing fees for both
petitions.
(e) No fee under this section shall be charged for objections or
any other paper in opposition filed by or on behalf of the minor or a
parent of the minor who is the subject of the proceeding.
(f) The uniform filing fee charged under this section shall be
distributed as provided in Section 68085.4.
(g) No other fees shall be charged for filing a paper under this
section in addition to the uniform filing fee provided for in this
section.
SEC. 20. Section 70655 of the Government Code is amended to read:
70655. (a) The uniform filing fee for a petition that commences
any of the proceedings under the Probate Code listed in subdivision
(c) is three hundred fifty-five dollars ($355).
(b) The uniform filing fee for objections or any other paper filed
in opposition to a petition under subdivision (a) is three hundred
fifty-five dollars ($355).
(c) This section applies to petitions or opposition concerning the
following proceedings:
(1) A petition for compromise of a minor's claim pursuant to
Section 3600 of the Probate Code.
(2) A petition to determine succession to real property pursuant
to Section 13151 of the Probate Code.
(3) A spousal or domestic partnership property petition pursuant
to Section 13650 of the Probate Code, except as provided in Section
13652 of the Probate Code.
(4) A petition to establish the fact of death to determine title
to real property under Section 200 of the Probate Code.
(5) A petition for an order concerning a
particular transaction pursuant to Section 3100 of the Probate Code.
(6) A petition concerning capacity determination and health care
decision for an adult without conservator pursuant to Section 3200 of
the Probate Code.
(7) A petition concerning an advance health care directive
pursuant to Section 4766 of the Probate Code.
(8) A petition concerning a power of attorney pursuant to Section
4541 of the Probate Code.
(9) A petition for approval, compromise, or settlement of claims
against a deceased settlor, or for allocation of amounts due between
trusts, pursuant to Section 19020 of the Probate Code.
(10) Any other petition that commences a proceeding under the
Probate Code not otherwise provided for in this article.
(d) The uniform filing fee charged under this section shall be
distributed as provided in Section 68085.3.
SEC. 21. Section 70656 of the Government Code is amended to read:
70656. (a) The uniform filing fee for a petition requesting an
order setting aside a decedent's estate of small value pursuant to
Section 6602 of the Probate Code, if no estate proceeding is pending
for the decedent, is two hundred five dollars ($205).
(b) The uniform filing fee for objections or any other paper filed
in opposition to a petition under subdivision (a) is two hundred
five dollars ($205).
(c) If a petition or objections or any other paper in opposition
under this section is filed concurrently with a petition for
appointment of a personal representative described in Section 70650,
the petitioner or objector shall be charged only for the filing fee
provided in Section 70650.
(d) The uniform filing fee charged under this section shall be
distributed as provided in Section 68085.4.
(e) Except as provided in subdivision (c), no other fee shall be
charged for filing a paper under this section in addition to the
uniform filing fee provided for in this section.
SEC. 22. Section 70657.5 of the Government Code is amended to
read:
70657.5. (a) The uniform fee for filing the following petitions
or applications, and objections or other opposition, is forty dollars
($40):
(1) Petitions or applications, or opposition, concerning the
internal affairs of a trust that are not subject to the filing fees
provided in Section 70650, 70651, or 70652.
(2) Petitions or applications, or objections, filed subsequent to
issuance of temporary letters of conservatorship or guardianship or
letters of conservatorship or guardianship that are not subject to
the filing fee provided in subdivision (a) of Section 70658.
(3) Petitions or applications, or objections, filed subsequent to
issuance of special letters of administration or letters testamentary
or of administration in decedent's estate proceedings that are not
subject to the filing fee provided in subdivision (a) of Section
70658.
(4) The first or subsequent petition for special letters of
administration without the powers of a general personal
representative.
(5) The first or subsequent petition for temporary letters of
conservatorship or guardianship.
(b) No fee is payable under this section for any of the following:
(1) A petition or opposition filed subsequent to issuance of
letters of temporary guardianship or letters of guardianship in a
guardianship described in Section 70654.
(2) A disclaimer of an interest in a decedent's estate.
SEC. 23. Section 70658 of the Government Code is amended to read:
70658. (a) Except as provided in subdivision (c), the uniform fee
for filing a petition or application, or objections or any other
paper in opposition to a petition or application listed in this
subdivision, filed after issuance of letters testamentary, letters of
administration, letters of special administration to a personal
representative of a decedent's estate, or letters of guardianship or
conservatorship, or letters of temporary guardianship or
conservatorship to a guardian or conservator, is two hundred five
dollars ($205). This section shall apply to the following petitions
or applications, or opposition:
(1) Petition or application for or opposition to an order
directing, authorizing, approving, or confirming the sale, lease,
encumbrance, grant of an option, purchase, conveyance, or exchange of
property.
(2) Petition or application for or opposition to an order settling
an account of a fiduciary.
(3) Petition or application for or opposition to an order
authorizing, instructing, or directing a fiduciary, or approving or
confirming the acts of a fiduciary.
(4) Petition or application for or opposition to an order fixing,
authorizing, allowing, or directing payment of compensation or
expenses of an attorney.
(5) Petition or application for or opposition to an order fixing,
authorizing, allowing, or directing payment of compensation or
expenses of a fiduciary.
(6) Petition or application for or opposition to an order
surcharging or removing a fiduciary.
(7) Petition or application for or opposition to an order
transferring or authorizing the transfer of the property of an estate
to a fiduciary in another jurisdiction.
(8) Petition or application for or opposition to an order allowing
a fiduciary's request to resign.
(9) Petition or application for or opposition to an order
adjudicating the merits of a claim made under Part 19 (commencing
with Section 850) of Division 2 of the Probate Code.
(10) Petition or application for or opposition to an order
granting permission to fix the residence of a ward or conservatee at
a place not within this state.
(11) Petition or application for or opposition to an order
directing, authorizing, approving, or modifying payments for support,
maintenance, or education of a ward or conservatee or for a person
entitled to support, maintenance, or education from a ward or
conservatee.
(12) Petition or application for or opposition to an order
granting or denying a request under Section 2423, concerning payment
of surplus income to the relatives of a conservatee, or Section 2580,
concerning substituted judgment, of the Probate Code.
(13) Petition or application for or opposition to an order
affecting the legal capacity of a conservatee pursuant to Chapter 4
(commencing with Section 1870) of Part 3 of Division 4 of the Probate
Code.
(14) Petition or application for or opposition to an order
adjudicating the merits of a claim under Article 5 (commencing with
Section 2500) of Chapter 6 of Part 4 of Division 4 of the Probate
Code.
(b) The uniform fee in subdivision (a) shall be distributed as
provided in Section 68085.4. No other fee shall be charged for filing
a paper under this section in addition to the uniform filing fee
provided for in this section.
(c) The fee provided in this section shall not be charged for
filing any of the following papers:
(1) A petition or application, or opposition, in a guardianship
proceeding under Section 70654.
(2) A disclaimer of an interest in a decedent's estate.
SEC. 24. Section 70670 of the Government Code is amended to read:
70670. (a) The uniform fee for filing the first paper in a
proceeding under the Family Code, other than a proceeding for
dissolution of marriage or domestic partnership, legal separation, or
nullity, is three hundred fifty-five dollars ($355). The fee shall
be distributed as provided in Section 68085.3.
(b) The uniform fee for filing the first paper in a proceeding for
dissolution of marriage or domestic partnership, legal separation,
or nullity, is three hundred fifty-five dollars ($355). The fee shall
be distributed as provided in Section 68085.3, except that two
dollars ($2) of the funds that would otherwise be distributed to the
Trial Court Trust Fund shall be transmitted to the Treasurer for
deposit in the Health Statistics Special Fund.
(c) The uniform fee for filing the first paper in a proceeding
under subdivision (a) on behalf of any respondent, defendant,
intervenor, or adverse party, whether separately or jointly, is three
hundred fifty-five dollars ($355). The fee shall be distributed as
provided in Section 68085.3.
(d) The uniform fee for filing the first paper in a proceeding
under subdivision (b) on behalf of any respondent, defendant,
intervenor, or adverse party, whether separately or jointly, is three
hundred fifty-five dollars ($355). The fee shall be distributed as
provided in Section 68085.3.
(e) The fees in this section do not apply to papers filed for the
purpose of making a disclaimer.
SEC. 25. Section 103470 of the Health and Safety Code is amended
to read:
103470. The fee for filing the petition is two hundred five
dollars ($205). This fee shall be distributed as provided in Section
68085.4 of the Government Code. The petition may be heard by any
judge hearing probate matters, or if a probate department has been
designated for hearing probate matters, the matter shall be assigned
to the probate department for hearing.
SEC. 26. Section 7660 of the Probate Code is amended to read:
7660. (a) If a public administrator takes possession or control
of an estate pursuant to this chapter, the public administrator may,
acting as personal representative of the estate, summarily dispose of
the estate in the manner provided in this article in either of the
following circumstances:
(1) The total value of the property in the decedent's estate does
not exceed the amount prescribed in Section 13100. The authority
provided by this paragraph may be exercised only upon order of the
court. The order may be made upon ex parte application. The fee to be
allowed to the clerk for the filing of the application is two
hundred five dollars ($205). The authority for this summary
administration of the estate shall be evidenced by a court order for
summary disposition.
(2) The total value of the property in the decedent's estate does
not exceed thirty thousand dollars ($30,000). The authority provided
by this paragraph may be exercised without court authorization.
(A) A public administrator who is authorized to summarily dispose
of property of a decedent pursuant to this paragraph may issue a
written certification of Authority for Summary Administration. The
written certification is effective for 30 days after the date of
issuance.
(B) A financial institution, government or private agency,
retirement fund administrator, insurance company, licensed securities
dealer, or other person shall, without the necessity of inquiring
into the truth of the written certification of Authority for Summary
Administration and without court order or letters being issued do all
of the following:
(i) Provide the public administrator complete information
concerning any property held in the name of the decedent, including
the names and addresses of any beneficiaries or joint owners.
(ii) Grant the public administrator access to a safe-deposit box
or storage facility rented in the name of the decedent for the
purpose of inspection and removal of property of the decedent. Costs
and expenses incurred in accessing a safe-deposit box or storage
facility shall be borne by the estate of the decedent.
(iii) Surrender to the public administrator any property of the
decedent that is held or controlled by the financial institution,
agency, retirement fund administrator, insurance company, licensed
securities dealer, or other person.
(C) Receipt by a financial institution, government or private
agency, retirement fund administrator, insurance company, licensed
securities dealer, or other person of the written certification
provided by this article shall do both of the following:
(i) Constitute sufficient acquittance for providing information or
granting access to a safe-deposit box or a storage facility and for
surrendering any property of the decedent.
(ii) Fully discharge the financial institution, government or
private agency, retirement fund administrator, insurance company,
licensed securities dealer, or other person from liability for any
act or omission of the public administrator with respect to the
property, a safe-deposit box, or a storage facility.
(b) Summary disposition may be made notwithstanding the existence
of the decedent's will, if the will does not name an executor or if
the named executor refuses to act.
(c) Nothing in this article precludes the public administrator
from filing a petition with the court under any other provision of
this code concerning the administration of the decedent's estate.
(d) Petitions filed pursuant to this article shall contain the
information required by Section 8002.
(e) If a public administrator takes possession or control of an
estate pursuant to this chapter, this article conveys the authority
of a personal representative as described in Section 9650 to the
public administrator to summarily dispose of the estates pursuant to
the procedures described in paragraphs (1) and (2) of subdivision
(a).
(f) The fee charged under paragraph (1) of subdivision (a) shall
be distributed as provided in Section 68085.4 of the Government Code.
When an application is filed under that paragraph, no other fees
shall be charged in addition to the uniform filing fee provided for
in Section 68085.4 of the Government Code.
SEC. 27. Section 42007.1 of the Vehicle Code is amended to read:
42007.1. (a) The fee collected by the clerk pursuant to
subdivision (a) of Section 42007 shall be in an amount equal to the
total bail set forth for the eligible offense on the uniform
countywide bail schedule plus sixty-four dollars ($64).
(b) Notwithstanding subdivision (b) of Section 42007, the revenue
from the sixty-four-dollar ($64) fee collected under this section
shall be deposited in the county general fund. Sixty-two and one-half
percent of the amount collected under this section and deposited
into the county general fund shall be transmitted therefrom monthly
to the Controller for deposit in the Immediate and Critical Needs
Account of the State Court Facilities Construction Fund, established
in Section 70371.5 of the Government Code.
SEC. 28. 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 meet the immediate and critical needs of California's
aging courthouses at the earliest possible time, it is necessary for
this act to take effect immediately.