BILL NUMBER: AB 1053	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 27, 2011
	AMENDED IN ASSEMBLY  APRIL 26, 2011

INTRODUCED BY   Assembly Member Gordon

                        FEBRUARY 18, 2011

   An act to amend Sections  11372.5,  100425,
100430, and 103625 of the Health and Safety Code,   to amend
Section 1463.14 of the Penal Code,  and to amend Section
903.15 of the Welfare and Institutions Code, relating to local
government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1053, as amended, Gordon. Local government: penalties and fees.

   (1) Existing law requires every person who is convicted of a
violation of certain controlled substances provisions to pay a
criminal laboratory analysis fee in the amount of $50 for each
separate offense.  
   This bill would raise the criminal laboratory analysis fee to $100
for each separate offense.  
   (2) 
    (1)  Existing law requires  that  a base fee of
$3 be paid by an applicant for a certified copy of a fetal death or
death record and requires  that  a base fee of $3 be paid by
a public agency or private adoption agency applicant, and a base fee
of $9 be paid by any other applicant, for a certified copy of a
birth certificate.  The fee is authorized  
Existing law authorizes the fee  to be adjusted pursuant to a
specified method, not to exceed the total increased cost of the
program or service provided.
   This bill would raise each of those base fees by $9, and require
the fee  to  be adjusted pursuant to that specified method.
The bill would declare that the increased fee would more accurately
reflect the true cost of providing those documents. 
   (3) Existing law authorizes the board of supervisors of a county
to impose an additional penalty, based on the defendant's ability to
pay but not in excess of $50, upon each defendant convicted of
driving under influence of alcohol, drugs, or both. 

   This bill would add specified reckless driving convictions to
those convictions eligible for the additional penalty and raise the
maximum penalty amount to $100.  
   (4) 
    (2)  Existing law requires the parent of any minor, or
other person who is liable for the support of that minor, on whose
behalf a petition is filed to make the minor a ward of the court as
provided, when the minor is represented by appointed counsel, to be
assessed a registration fee not to exceed $25 at the time legal
services are provided, as long as the person is financially able to
pay.
   This bill would raise that fee to $50. 
   (5) 
    (3)  This bill would make conforming changes and delete
obsolete provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) The fees charged for providing certified copies of birth and
death records have not kept pace with the true cost of providing
certified copies of those records. Sections  5 and 6
  4 and 5  of this act address those deficiencies
by raising the fees charged for those records to a level that more
accurately reflects the true costs incurred by the agencies providing
those certified copies.
   (b) The fees charged for the issuance of certified birth and death
records shall continue to reflect the true costs of the services
provided as those fees are to be adjusted annually by the formula set
forth in Section 100425 of the Health and Safety Code, and the
amounts collected are prohibited from exceeding the total increased
reasonable cost for the services provided. 
  SEC. 2.    Section 11372.5 of the Health and
Safety Code is amended to read:
   11372.5.  (a) (1) Every person who is convicted of a violation of
Section 11350, 11351, 11351.5, 11352, 11355, 11358, 11359, 11361,
11363, 11364, 11368, 11375, 11377, 11378, 11378.5, 11379, 11379.5,
11379.6, 11380, 11382, 11383, 11390, 11391, or 11550 or subdivision
(a) or (c) of Section 11357, or subdivision (a) of Section 11360 of
this code shall pay a criminal laboratory analysis fee in the amount
of one hundred dollars ($100) for each separate offense. The court
shall increase the total fine necessary to include this increment.
   (2) With respect to those offenses specified in this subdivision
for which a fine is not authorized by other provisions of law, the
court shall, upon conviction, impose a fine in an amount not to
exceed one hundred dollars ($100), which shall constitute the
increment prescribed by this section and which shall be in addition
to any other penalty prescribed by law.
   (b) The county treasurer shall maintain a criminalistics
laboratories fund. The sum of one hundred dollars ($100) shall be
deposited into the fund for every conviction under Section 11350,
11351, 11351.5, 11352, 11355, 11358, 11359, 11361, 11363, 11364,
11368, 11375, 11377, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380,
11382, 11383, 11390, 11391, or 11550, subdivision (a) or (c) of
Section 11357, or subdivision (a) of Section 11360 of this code, in
addition to fines, forfeitures, and other moneys which are
transmitted by the courts to the county treasurer pursuant to Section
11502. The deposits shall be made prior to any transfer pursuant to
Section 11502. The county may retain an amount of this money equal to
its administrative cost incurred pursuant to this section. Moneys in
the criminalistics laboratories fund shall, except as otherwise
provided in this section, be used exclusively to fund (1) costs
incurred by criminalistics laboratories providing microscopic and
chemical analyses for controlled substances, in connection with
criminal investigations conducted within both the incorporated or
unincorporated portions of the county, (2) the purchase and
maintenance of equipment for use by these laboratories in performing
the analyses, and (3) for continuing education, training, and
scientific development of forensic scientists regularly employed by
these laboratories. Moneys in the criminalistics laboratory fund
shall be in addition to any allocations pursuant to existing law. As
used in this section, "criminalistics laboratory" means a laboratory
operated by, or under contract with, a city, county, or other public
agency, including a criminalistics laboratory of the Department of
Justice, (1) which has not less than one regularly employed forensic
scientist engaged in the analysis of solid-dose controlled
substances, and (2) which is registered as an analytical laboratory
with the Drug Enforcement Administration of the United States
Department of Justice for the possession of all scheduled controlled
substances. In counties served by criminalistics laboratories of the
Department of Justice, amounts deposited in the criminalistics
laboratories fund, after deduction of appropriate and reasonable
county overhead charges not to exceed 5 percent attributable to the
collection thereof, shall be paid by the county treasurer once a
month to the Controller for deposit into the state General Fund, and
shall be excepted from the expenditure requirements otherwise
prescribed by this subdivision.
   (c) The county treasurer shall, at the conclusion of each fiscal
year, determine the amount of any funds remaining in the special fund
established pursuant to this section after expenditures for that
fiscal year have been made for the purposes herein specified. The
board of supervisors may, by resolution, assign the treasurer's duty
to determine the amount of remaining funds to the auditor or another
county officer. The county treasurer shall annually distribute those
surplus funds in accordance with the allocation scheme for
distribution of fines and forfeitures set forth in Section 11502.

   SEC. 3.   SEC. 2.   Section 100425 of
the Health and Safety Code is amended to read:
   100425.  (a) The fees or charges for the issuance or renewal of
any permit, license, registration, or document pursuant to Sections
1639.5, 1676, 1677, 2805, 103625, 106700, 106890, 106925, 107080,
107090, 107095, 107160, 110210, 110470, 111130, 111140, 111630,
112405, 112510, 112750, 112755, 113060, 113065, 114065, 115035,
115065, 115080, 116205, 117923, 117995, 118045, 118210, and 118245
shall be adjusted annually by the percentage change printed in the
Budget Act for those items appropriating funds to the state
department. After the first annual adjustment of fees or charges
pursuant to this section, the fees or charges subject to subsequent
adjustment shall be the fees or charges for the prior calendar year.
The percentage change shall be determined by the Department of
Finance, and shall include at least the total percentage change in
salaries and operating expenses of the state department. However, the
total increase in amounts collected under this section shall not
exceed the total increased cost of the program or service provided.
   (b) The state department shall publish annually a list of the
actual numerical fee charges for each permit, license, certification,
or registration governed by this section.
   (c) This adjustment of fees and publication of the fee list shall
not be subject to the requirements of Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.
   SEC. 4.   SEC. 3.   Section 100430 of
the Health and Safety Code is amended to read:
   100430.  (a) (1) The fees or charges for a record search or for
the issuance of any license, permit, registration, or any other
document pursuant to Section 26840 of the Government Code, or Section
102525, 102625, 102670, 102725, 102750, 103040.1, 103050, 103065,
103225, 103325, 103400, 103425, 103450, 103525, 103590, 103650,
103675, 103690, 103695, 103700, 103705, 103710, 103715, 103720,
103725, or 103735 of this code, may be adjusted annually by the
percentage change determined pursuant to Section 100425.
   (2) The base amount to be adjusted shall be the statutory base
amount of the fee or charge plus the sum of the prior adjustments to
the statutory base amount. Whenever the statutory base amount is
amended, the base amount shall be the new statutory base amount plus
the sum of adjustments to the new statutory base amount calculated
subsequent to the statutory base amendment. The actual dollar fee or
charge shall be rounded to the next highest whole dollar.
   (b) Beginning January 1, 1983, the department shall annually
publish a list of the actual numerical fee charges as adjusted
pursuant to this section. This adjustment of fees and the publication
of the fee list shall not be subject to the requirements of Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code.
   SEC. 5.   SEC. 4.   Section 103625 of
the Health and Safety Code, as amended by Section 9 of Chapter 529 of
the Statutes of 2010, is amended to read:
   103625.  (a) A fee of twelve dollars ($12) shall be paid by the
applicant for a certified copy of a fetal death or death record.
   (b) (1) A fee of twelve dollars ($12) shall be paid by a public
agency or licensed private adoption agency applicant for a certified
copy of a birth certificate that the agency is required to obtain in
the ordinary course of business. A fee of  eighteen-dollar
  eighteen dollars  ($18) shall be paid by any
other applicant for a certified copy of a birth certificate. Four
dollars ($4) of any eighteen-dollar ($18) fee is exempt from
subdivision (e) and shall be paid either to a county children's trust
fund or to the State Children's Trust Fund, in conformity with
Article 5 (commencing with Section 18965) of Chapter 11 of Part 6 of
Division 9 of the Welfare and Institutions Code. Two dollars ($2) of
any eighteen-dollar ($18) fee is exempt from subdivision (e) and
shall be paid to the Umbilical Cord Blood Collection Program Fund in
conformity with Section 1628.
   (2) The board of supervisors of any county that has established a
county children's trust fund may increase the fee for a certified
copy of a birth certificate by up to three dollars ($3) for deposit
in the county children's trust fund in conformity with Article 5
(commencing with Section 18965) of Chapter 11 of Part 6 of Division 9
of the Welfare and Institutions Code.
   (c) A fee of three dollars ($3) shall be paid by a public agency
applicant for a certified copy of a marriage record, that has been
filed with the county recorder or county clerk, that the agency is
required to obtain in the ordinary course of business. A fee of six
dollars ($6) shall be paid by any other applicant for a certified
copy of a marriage record that has been filed with the county
recorder or county clerk. Three dollars ($3) of any six-dollar ($6)
fee is exempt from subdivision (e) and shall be transmitted monthly
by each local registrar, county recorder, and county clerk to the
state for deposit into the General Fund as provided by Section 1852
of the Family Code.
   (d) A fee of three dollars ($3) shall be paid by a public agency
applicant for a certified copy of a marriage dissolution record
obtained from the State Registrar that the agency is required to
obtain in the ordinary course of business. A fee of six dollars ($6)
shall be paid by any other applicant for a certified copy of a
marriage dissolution record obtained from the State Registrar.
   (e) Each local registrar, county recorder, or county clerk
collecting a fee pursuant to subdivisions (a) to (d), inclusive,
shall transmit 15 percent of the fee for each certified copy to the
State Registrar by the 10th day of the month following the month in
which the fee was received.
   (f) In addition to the fees prescribed pursuant to subdivisions
(a) to (d), inclusive, all applicants for certified copies of the
records described in those subdivisions shall pay an additional fee
of three dollars ($3), that shall be collected by the State
Registrar, the local registrar, county recorder, or county clerk, as
the case may be.
   (g) The local public official charged with the collection of the
additional fee established pursuant to subdivision (f) may create a
local vital and health statistics trust fund. The fees collected by
local public officials pursuant to subdivision (f) shall be
distributed as follows:
   (1) Forty-five percent of the fee collected pursuant to
subdivision (f) shall be transmitted to the State Registrar.
   (2) The remainder of the fee collected pursuant to subdivision (f)
shall be deposited into the collecting agency's vital and health
statistics trust fund, except that in any jurisdiction in which a
local vital and health statistics trust fund has not been
established, the entire amount of the fee collected pursuant to
subdivision (f) shall be transmitted to the State Registrar.
   (3) Moneys transmitted to the State Registrar pursuant to this
subdivision shall be deposited in accordance with Section 102247.
   (h) Moneys in each local vital and health statistics trust fund
shall be available to the local official charged with the collection
of fees pursuant to subdivision (f) for the applicable jurisdiction
for the purpose of defraying the administrative costs of collecting
and reporting with respect to those fees and for other costs as
follows:
   (1) Modernization of vital record operations, including
improvement, automation, and technical support of vital record
systems.
   (2) Improvement in the collection and analysis of health-related
birth and death certificate information, and other community health
data collection and analysis, as appropriate.
   (i) Funds collected pursuant to subdivision (f) shall not be used
to supplant funding in existence on January 1, 2002, that is
necessary for the daily operation of vital record systems. It is the
intent of the Legislature that funds collected pursuant to
subdivision (f) be used to enhance service to the public, to improve
analytical capabilities of state and local health authorities in
addressing the health needs of newborn children and maternal health
problems, and to analyze the health status of the general population.

   (j) Each county shall annually submit a report to the State
Registrar by March 1 containing information on the amount of revenues
collected pursuant to subdivision (f) in the previous calendar year
and on how the revenues were expended and for what purpose.
   (k) Each local registrar, county recorder, or county clerk
collecting the fee pursuant to subdivision (f) shall transmit 45
percent of the fee for each certified copy to which subdivision (f)
applies to the State Registrar by the 10th day of the month following
the month in which the fee was received.
   (l) The additional three dollars ($3) authorized to be charged to
applicants other than public agency applicants for certified copies
of marriage records by subdivision (c) may be increased pursuant to
Section 114.
   (m) In providing for the expiration of the surcharge on birth
certificate fees on June 30, 1999, the Legislature intends that
juvenile dependency mediation programs pursue ancillary funding
sources after that date.
   (n) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
   SEC. 6.  SEC. 5.   Section 103625 of the
Health and Safety Code, as added by Section 10 of Chapter 529 of the
Statutes of 2010, is amended to read:
   103625.  (a) A fee of twelve dollars ($12) shall be paid by the
applicant for a certified copy of a fetal death or death record.
   (b) (1) A fee of twelve dollars ($12) shall be paid by a public
agency or licensed private adoption agency applicant for a certified
copy of a birth certificate that the agency is required to obtain in
the ordinary course of business. A fee of sixteen dollars ($16) shall
be paid by any other applicant for a certified copy of a birth
certificate. Four dollars ($4) of any sixteen-dollar ($16) fee is
exempt from subdivision (e) and shall be paid either to a county
children's trust fund or to the State Children's Trust Fund, in
conformity with Article 5 (commencing with Section 18965) of Chapter
11 of Part 6 of Division 9 of the Welfare and Institutions Code.
   (2) The board of supervisors of any county that has established a
county children's trust fund may increase the fee for a certified
copy of a birth certificate by up to three dollars ($3) for deposit
in the county children's trust fund in conformity with Article 5
(commencing with Section 18965) of Chapter 11 of Part 6 of Division 9
of the Welfare and Institutions Code.
   (c) A fee of three dollars ($3) shall be paid by a public agency
applicant for a certified copy of a marriage record, that has been
filed with the county recorder or county clerk, that the agency is
required to obtain in the ordinary course of business. A fee of six
dollars ($6) shall be paid by any other applicant for a certified
copy of a marriage record that has been filed with the county
recorder or county clerk. Three dollars ($3) of any six-dollar ($6)
fee is exempt from subdivision (e) and shall be transmitted monthly
by each local registrar, county recorder, and county clerk to the
state for deposit into the General Fund as provided by Section 1852
of the Family Code.
   (d) A fee of three dollars ($3) shall be paid by a public agency
applicant for a certified copy of a marriage dissolution record
obtained from the State Registrar that the agency is required to
obtain in the ordinary course of business. A fee of six dollars ($6)
shall be paid by any other applicant for a certified copy of a
marriage dissolution record obtained from the State Registrar.
   (e) Each local registrar, county recorder, or county clerk
collecting a fee pursuant to subdivisions (a) to (d), inclusive,
shall transmit 15 percent of the fee for each certified copy to the
State Registrar by the 10th day of the month following the month in
which the fee was received.
   (f) In addition to the fees prescribed pursuant to subdivisions
(a) to (d), inclusive, all applicants for certified copies of the
records described in those subdivisions shall pay an additional fee
of three dollars ($3), that shall be collected by the State
Registrar, the local registrar, county recorder, or county clerk, as
the case may be.
   (g) The local public official charged with the collection of the
additional fee established pursuant to subdivision (f) may create a
local vital and health statistics trust fund. The fees collected by
local public officials pursuant to subdivision (f) shall be
distributed as follows:
   (1) Forty-five percent of the fee collected pursuant to
subdivision (f) shall be transmitted to the State Registrar.
   (2) The remainder of the fee collected pursuant to subdivision (f)
shall be deposited into the collecting agency's vital and health
statistics trust fund, except that in any jurisdiction in which a
local vital and health statistics trust fund has not been
established, the entire amount of the fee collected pursuant to
subdivision (f) shall be transmitted to the State Registrar.
   (3) Moneys transmitted to the State Registrar pursuant to this
subdivision shall be deposited in accordance with Section 102247.
   (h) Moneys in each local vital and health statistics trust fund
shall be available to the local official charged with the collection
of fees pursuant to subdivision (f) for the applicable jurisdiction
for the purpose of defraying the administrative costs of collecting
and reporting with respect to those fees and for other costs as
follows:
   (1) Modernization of vital record operations, including
improvement, automation, and technical support of vital record
systems.
   (2) Improvement in the collection and analysis of health-related
birth and death certificate information, and other community health
data collection and analysis, as appropriate.
   (i) Funds collected pursuant to subdivision (f) shall not be used
to supplant funding in existence on January 1, 2002, that is
necessary for the daily operation of vital record systems. It is the
intent of the Legislature that funds collected pursuant to
subdivision (f) be used to enhance service to the public, to improve
analytical capabilities of state and local health authorities in
addressing the health needs of newborn children and maternal health
problems, and to analyze the health status of the general population.

   (j) Each county shall annually submit a report to the State
Registrar by March 1 containing information on the amount of revenues
collected pursuant to subdivision (f) in the previous calendar year
and on how the revenues were expended and for what purpose.
   (k) Each local registrar, county recorder, or county clerk
collecting the fee pursuant to subdivision (f) shall transmit 45
percent of the fee for each certified copy to which subdivision (f)
applies to the State Registrar by the 10th day of the month following
the month in which the fee was received.
   (l) The additional three dollars ($3) authorized to be charged to
applicants other than public agency applicants for certified copies
of marriage records by subdivision (c) may be increased pursuant to
Section 114.
   (m) In providing for the expiration of the surcharge on birth
certificate fees on June 30, 1999, the Legislature intends that
juvenile dependency mediation programs pursue ancillary funding
sources after that date.
   (n) This section shall become operative on January 1, 2018.

  SEC. 7.    Section 1463.14 of the Penal Code is
amended to read:
   1463.14.  (a) (1) Notwithstanding the provisions of Section 1463,
of the moneys deposited with the county treasurer pursuant to Section
1463, fifty dollars ($50) of each fine collected for each conviction
of a violation of Section 23103, 23104, 23105, 23152, or 23153 of
the Vehicle Code shall be deposited in a special account that shall
be used exclusively to pay for the cost of performing for the county,
or a city or special district within the county, analysis of blood,
breath or urine for alcohol content or for the presence of drugs, or
for services related to that testing. The sum shall not exceed the
reasonable cost of providing the services for which the sum is
intended.
   (2) On November 1 of each year, the treasurer of each county shall
determine those moneys in the special account that were not expended
during the preceding fiscal year, and shall transfer those moneys
into the general fund of the county. The board of supervisors may, by
resolution, assign the treasurer's duty to determine the amount of
money that was not expended to the auditor or another county officer.
The county may retain an amount of that money equal to its
administrative cost incurred pursuant to this section, and shall
distribute the remainder pursuant to Section 1463. If the account
becomes exhausted, the public entity ordering a test performed
pursuant to this subdivision shall bear the costs of the test.
   (b) The board of supervisors of a county may, by resolution,
authorize an additional penalty upon each defendant convicted of a
violation of Section 23103, 23104, 23105, 23152, or 23153 of the
Vehicle Code, of an amount equal to the cost of testing for alcohol
content or for the presence of drugs, or for services related to that
testing, less the fifty dollars ($50) deposited as provided in
subdivision (a). The additional penalty authorized by this
subdivision shall be imposed only in those instances where the
defendant has the ability to pay, but in no case shall the defendant
be ordered to pay a penalty in excess of one hundred dollars ($100).
The penalty authorized shall be deposited directly with the county,
or city or special district within the county, that performed the
test, in the special account described in subdivision (a), and shall
not be the basis for an additional assessment pursuant to Section
1464, or Chapter 12 (commencing with Section 76000) of Title 8 of the
Government Code.
   For purposes of this subdivision, "ability to pay" means the
overall capability of the defendant to pay the additional penalty
authorized by this subdivision, taking into consideration all of the
following:
   (1) Present financial obligations, including family support
obligations, and fines, penalties, and other obligations to the
court.
   (2) Reasonably discernible future financial position over the next
12 months.
   (3) Any other factor or factors that may bear upon the defendant's
financial ability to pay the additional penalty.
   (c) The Department of Justice shall promulgate rules and
regulations to implement the provisions of this section. 
   SEC. 8.   SEC. 6.   Section 903.15 of
the Welfare and Institutions Code is amended to read:
   903.15.  (a) The parent of any minor, or other person who is
liable for the support of the minor, on whose behalf a petition is
filed pursuant to Section 601 or 602, when the minor is represented
by appointed counsel, shall be assessed a reasonable registration fee
not to exceed fifty dollars ($50) at the time the legal services are
provided. Notwithstanding this subdivision, no fee shall be required
of any parent or other person who is financially unable to pay the
fee.
   (b) At the time of appointment of counsel by the court, or upon
commencement of representation by the public defender, if prior to
court appointment, the parent or other person who is liable for the
support of the minor shall be asked if he or she is financially able
to pay the registration fee or any portion thereof. If the parent or
other person indicates that he or she is able to pay the fee or a
portion thereof, the court or public defender shall make an
assessment in accordance with ability to pay. No fee shall be
assessed against any parent or other person who asserts that he or
she is unable to pay the fee or any portion thereof. No other inquiry
concerning the parent's or other person's ability to pay shall be
made until proceedings are held pursuant to Section 903.45.
   (c) No minor shall be denied the assistance of appointed counsel
due solely to the failure of the parent or other person to pay the
registration fee. The registration fee shall be a joint and several
liability of the parent or other person who is liable for the support
of the minor. An order to pay the registration fee may be enforced
in the manner provided for enforcement of civil judgments generally,
but may not be enforced by contempt.
                                (d) The fact that a parent or other
person who is liable for the support of the minor has or has not been
assessed a fee pursuant to this section shall have no effect in any
later proceedings held pursuant to Section 903.1 or 903.45, except
that the parent or other person shall be given credit for any amounts
paid as a registration fee toward any assessment imposed pursuant to
Section 903.1 or 903.45 for legal services.
   (e) This section shall be operative in a county only upon the
adoption of a resolution or ordinance by the board of supervisors
electing to establish the registration fee and setting forth the
manner in which the funds shall be collected and distributed.
Collection procedures, accounting measures, and the distribution of
the funds received pursuant to this section shall be within the
discretion of the board of supervisors.