Amended in Senate June 13, 2016

Amended in Assembly April 13, 2016

Amended in Assembly April 5, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2244


Introduced by Assembly Member Gatto

February 18, 2016


An act to amend Sections 1010.6 and 1033.5 of the Code of Civil Procedure, and to amend Section 6159 of the Government Code, relating to court fees.

LEGISLATIVE COUNSEL’S DIGEST

AB 2244, as amended, Gatto. Court fees: electronic filing.

Existing law authorizes the electronic service of documents in accordance with uniform rules adopted by the Judicial Council, as specified. Upon Judicial Council adoption of the uniform rules, existing law authorizes a superior court, by local rule, to require mandatory electronic filing and service of documents for specified civil actions in accordance with certain requirements including a requirement that any fees charged by the court do not exceed the actual cost of electronic filing and service of documents.

This bill would add the additional requirement thatbegin delete feesend deletebegin insert a feeend insert to process a payment that is charged by the court, an electronic filing manager, or an electronic filing service provider,begin insert doesend insert not exceed the actual costs incurred for processing the payment. The bill would require waiver of fees to process a payment if the court deems waiver appropriate.

Existing law authorizes a court, subject to Judicial Council approval, to accept a credit card, debit card, or electronic funds transfer in payment of designated obligations, including filing fees and other court costs. Existing law authorizes a court, subject to Judicial Council approval, to impose a fee for the use of a credit or debit card or electronic funds transfer, not to exceed the costs incurred by the court in providing for payment by credit or debit card or electronic funds transfer.

This bill would additionally authorize an agent of the court to impose a fee, subject to Judicial Council approval, for the use of a credit or debit card or electronic funds transfer, not to exceed the costs incurred by the court in providing for payment by credit or debit card or electronic funds transfer. For purposes of this provision, the bill would deem an electronic filing service provider who is required to collect and remitbegin delete funds in orderend deletebegin insert a filing fee or other court feeend insert to complete an electronic filing transaction to be an agent of thebegin delete court.end deletebegin insert court solely for that purpose, except as otherwise specified. The bill would require an agent of the court to report its costs in providing for payment by credit orend insertbegin insert debit card, or electronic funds transfer, as specified, and would require the agent to provide the Judicial Council, or its authorized representative, with access to examine the records and documents of the agency for purposes of verifying report accuracy and compliance with certain requirements.end insert The bill would prohibit an electronic filing service provider from colleting or attempting to collect a fee to complete an electronic filing transaction from a party who is exempt from paying fees but would still require the electronic filing service provider to complete the filing. The bill wouldbegin delete also prohibit a court or specified entities contracting with a court from requiring an electronic filing service provider to use any single method of payment, as specified.end deletebegin insert require a court, or certain electronic file managers, to accept more than one method of payment from an electronic filing service provider, as specified.end insert

Existing law also enumerates costs that a prevailing party may recover in a civil action.

This bill would authorize a prevailing party to recoverbegin delete electronic filing service provider and electronic filing service provider hosting fees as costs, as specified.end deletebegin insert fees for the electronic filing or service of documents, or fees for the hosting of electronic documents, charged by an electronic filing service provider, if the court orders or requires electronic filing, service, or hosting of documents.end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P3    1

SECTION 1.  

Section 1010.6 of the Code of Civil Procedure
2 is amended to read:

3

1010.6.  

(a) A document may be served electronically in an
4action filed with the court as provided in this section, in accordance
5with rules adopted pursuant to subdivision (e).

6(1) For purposes of this section:

7(A) “Electronic service” means service of a document, on a
8party or other person, by either electronic transmission or electronic
9notification. Electronic service may be performed directly by a
10party, by an agent of a party, including the party’s attorney, or
11through an electronic filing service provider.

12(B) “Electronic transmission” means the transmission of a
13document by electronic means to the electronic service address at
14or through which a party or other person has authorized electronic
15service.

16(C) “Electronic notification” means the notification of the party
17or other person that a document is served by sending an electronic
18message to the electronic address at or through which the party or
19other person has authorized electronic service, specifying the exact
20name of the document served, and providing a hyperlink at which
21the served document may be viewed and downloaded.

22(2) If a document may be served by mail, express mail, overnight
23delivery, or facsimile transmission, electronic service of the
24document is authorized when a party has agreed to accept service
25electronically in that action.

26(3) In any action in which a party has agreed to accept electronic
27service under paragraph (2), or in which the court has ordered
28electronic service under subdivision (c) or (d), the court may
29electronically serve any document issued by the court that is not
30required to be personally served in the same manner that parties
31electronically serve documents. The electronic service of
32documents by the court shall have the same legal effect as service
33by mail, except as provided in paragraph (4).

34(4) (A) Electronic service of a document is complete at the time
35of the electronic transmission of the document or at the time that
P4    1the electronic notification of service of the document is sent.
2However, any period of notice, or any right or duty to do any act
3or make any response within any period or on a date certain after
4the service of the document, which time period or date is prescribed
5by statute or rule of court, shall be extended after service by
6electronic means by two court days, but the extension shall not
7apply to extend the time for filing any of the following:

8(i) A notice of intention to move for new trial.

9(ii) A notice of intention to move to vacate judgment under
10Section 663a.

11(iii) A notice of appeal.

12(B) This extension applies in the absence of a specific exception
13provided by any other statute or rule of court.

14(b) A trial court may adopt local rules permitting electronic
15filing of documents, subject to rules adopted pursuant to
16subdivision (e) and the following conditions:

17(1) A document that is filed electronically shall have the same
18legal effect as an original paper document.

19(2) (A) When a document to be filed requires the signature, not
20under penalty of perjury, of an attorney or a self-represented party,
21the document shall be deemed to have been signed by that attorney
22or self-represented party if filed electronically.

23(B) When a document to be filed requires the signature, under
24penalty of perjury, of any person, the document shall be deemed
25to have been signed by that person if filed electronically and if a
26printed form of the document has been signed by that person before
27or on the same day as, the date of filing. The attorney or person
28filing the document represents, by the act of filing, that the
29declarant has complied with this section. The attorney or person
30filing the document shall maintain the printed form of the document
31bearing the original signature and make it available for review and
32copying upon the request of the court or any party to the action or
33proceeding in which it is filed.

34(3) Any document that is electronically filed with the court after
35the close of business on any day shall be deemed to have been
36filed on the next court day. “Close of business,” as used in this
37paragraph, means 5 p.m. or the time at which the court will not
38accept filing at the court’s filing counter, whichever is earlier.

39(4) The court receiving a document filed electronically shall
40issue a confirmation that the document has been received and filed.
P5    1The confirmation shall serve as proof that the document has been
2filed.

3(5) Upon electronic filing of a complaint, petition, or other
4document that must be served with a summons, a trial court, upon
5request of the party filing the action, shall issue a summons with
6the court seal and the case number. The court shall keep the
7summons in its records and may electronically transmit a copy of
8the summons to the requesting party. Personal service of a printed
9form of the electronic summons shall have the same legal effect
10as personal service of an original summons. If a trial court plans
11to electronically transmit a summons to the party filing a complaint,
12the court shallbegin delete immediatelyend deletebegin insert immediately,end insert upon receipt of the
13begin delete complaintend deletebegin insert complaint,end insert notify the attorney or party that a summons
14will be electronically transmitted to the electronic address given
15by the person filing the complaint.

16(6) The court shall permit a party or attorney to file an
17application for waiver of court fees and costs, in lieu of requiring
18the payment of the filing fee, as part of the process involving the
19electronic filing of a document. The court shall consider and
20determine the application in accordance with Article 6
21(commencing with Section 68630) of Chapter 2 of Title 8 of the
22Government Code and shall not require the party or attorney to
23submit any documentation other than that set forth in Article 6
24(commencing with Section 68630) of Chapter 2 of Title 8 of the
25Government Code. Nothing in this section shall require the court
26to waive a filing fee that is not otherwise waivable.

begin insert

27
(7) A fee, if any, charged by the court, an electronic filing
28manager, or an electronic filing service provider to process a
29payment for filing fees and other court fees shall not exceed the
30costs incurred in processing the payment.

end insert

31(c) If a trial court adopts rules conforming to subdivision (b),
32it may provide by order that all parties to an action file and serve
33documents electronically in a class action, a consolidated action,
34a group of actions, a coordinated action, or an action that is deemed
35complex under Judicial Council rules, provided that the trial court’s
36order does not cause undue hardship or significant prejudice to
37any party in the action.

38(d) (1) Notwithstanding subdivision (b), the Orange County
39Superior Court may, by local rule and until July 1, 2014, establish
40a pilot project to require parties to specified civil actions to
P6    1electronically file and serve documents, subject to the requirements
2set forth in paragraphs (1), (2), (4), (5), and (6) of subdivision (b),
3rules adopted pursuant to subdivision (e), and the following
4conditions:

5(A) The court shall have the ability to maintain the official court
6record in electronic format for all cases where electronic filing is
7required.

8(B) The court and the parties shall have access to more than one
9electronic filing service provider capable of electronically filing
10documents with the court or to electronic filing access directly
11through the court. The court may charge fees of no more than the
12actual cost of the electronic filing and service of the documents.
13Any fees charged by an electronic filing service provider shall be
14reasonable.begin delete Fees, if any, charged by the court, an electronic filing
15manager, or an electronic filing service provider to process a
16payment shall not exceed the actual costs incurred for processing.end delete

17 The court, an electronic filing manager, or an electronic filing
18service provider shall waive any fees charged if the court deems
19begin insert aend insert waiver appropriate, including in instances where a party has
20received a fee waiver.

21(C) The court shall have a procedure for the filing of
22nonelectronic documents in order to prevent the program from
23causing undue hardship or significant prejudice to any party in an
24action, including, but not limited to, unrepresented parties.

25(D) A court that elects to require electronic filing pursuant to
26this subdivision may permit documents to be filed electronically
27until 12 a.m. of the day after the court date that the filing is due,
28and the filing shall be considered timely. However, if same day
29service of a document is required, the document shall be
30electronically filed by 5 p.m. on the court date that the filing is
31due. Ex parte documents shall be electronically filed on the same
32date and within the same time period as would be required for the
33 filing of a hard copy of the ex parte documents at the clerk’s
34window in the participating county. Documents filed on or after
3512 a.m., or filed upon a noncourt day, will be deemed filed on the
36soonest court day following the filing.

37(2) If a pilot project is established pursuant to paragraph (1),
38the Judicial Council shall conduct an evaluation of the pilot project
39and report to the Legislature, on or before December 31, 2013, on
40the results of the evaluation. The evaluation shall review, among
P7    1other things, the cost of the program to participants,
2cost-effectiveness for the court, effect on unrepresented parties
3and parties with fee waivers, and ease of use for participants.

4(e) The Judicial Council shall adopt uniform rules for the
5electronic filing and service of documents in the trial courts of the
6state, which shall include statewide policies on vendor contracts,
7privacy, and access to public records, and rules relating to the
8integrity of electronic service. These rules shall conform to the
9conditions set forth in this section, as amended from time to time.

10(f) The Judicial Council shall, on or before July 1, 2014, adopt
11uniform rules to permit the mandatory electronic filing and service
12of documents for specified civil actions in the trial courts of the
13state, which shall be informed by any study performed pursuant
14to paragraph (2) of subdivision (d) and which shall include
15statewide policies on vendor contracts, privacy, access to public
16records, unrepresented parties, parties with fee waivers, hardships,
17reasonable exceptions to electronic filing, and rules relating to the
18integrity of electronic service. These rules shall conform to the
19conditions set forth in this section, as amended from time to time.

20(g) (1) Upon the adoption of uniform rules by the Judicial
21Council for mandatory electronic filing and service of documents
22for specified civil actions in the trial courts of the state, as specified
23in subdivision (f), a superior court may, by local rule, require
24mandatory electronic filing, pursuant to paragraph (2).

25(2) A superior court that elects to adopt mandatory electronic
26filing shall do so pursuant to the requirements and conditions set
27forth in this section, including, but not limited to, paragraphs (1),
28(2), (4), (5),begin delete and (6)end deletebegin insert (6), and (7)end insert of subdivision (b), and
29subparagraphs (A), (B), and (C) of paragraph (1) of subdivision
30(d), and pursuant to the rules adopted by the Judicial Council, as
31specified in subdivision (f).

32

SEC. 2.  

Section 1033.5 of the Code of Civil Procedure is
33amended to read:

34

1033.5.  

(a) The following items are allowable as costs under
35Section 1032:

36(1) Filing, motion, and jury fees.

37(2) Juror food and lodging while they are kept together during
38trial and after the jury retires for deliberation.

39(3) (A) Taking, video recording, and transcribing necessary
40depositions, including an original and one copy of those taken by
P8    1the claimant and one copy of depositions taken by the party against
2whom costs are allowed.

3(B) Fees of a certified or registered interpreter for the deposition
4of a party or witness who does not proficiently speak or understand
5the English language.

6(C) Travel expenses to attend depositions.

7(4) Service of process by a public officer, registered process
8server, or other means, as follows:

9(A) When service is by a public officer, the recoverable cost is
10the fee authorized by law at the time of service.

11(B) If service is by a process server registered pursuant to
12Chapter 16 (commencing with Section 22350) of Division 8 of the
13Business and Professions Code, the recoverable cost is the amount
14actually incurred in effecting service, including, but not limited
15to, a stakeout or other means employed in locating the person to
16be served, unless those charges are successfully challenged by a
17party to the action.

18(C) When service is by publication, the recoverable cost is the
19sum actually incurred in effecting service.

20(D) When service is by a means other than that set forth in
21subparagraph (A), (B), or (C), the recoverable cost is the lesser of
22the sum actually incurred, or the amount allowed to a public officer
23in this state for that service, except that the court may allow the
24sum actually incurred in effecting service upon application pursuant
25to paragraph (4) of subdivision (c).

26(5) Expenses of attachment including keeper’s fees.

27(6) Premiums on necessary surety bonds.

28(7) Ordinary witness fees pursuant to Section 68093 of the
29Government Code.

30(8) Fees of expert witnesses ordered by the court.

31(9) Transcripts of court proceedings ordered by the court.

32(10) Attorney’s fees, when authorized by any of the following:

33(A) Contract.

34(B) Statute.

35(C) Law.

36(11) Court reporter fees as established by statute.

37(12) Court interpreter fees for a qualified court interpreter
38authorized by the court for an indigent person represented by a
39qualified legal services project, as defined in Section 6213 of the
P9    1Business and Professions Code, or a pro bono attorney, as defined
2in Section 8030.4 of the Business and Professions Code.

3(13) Models and enlargements of exhibits and photocopies of
4exhibits may be allowed if they were reasonably helpful to aid the
5trier of fact.

begin delete

6(14) Electronic filing service provider fees. If a court requires
7or orders a party to file and serve documents electronically with
8the court, the recoverable costs are those actually incurred to
9electronically file and serve documents through an electronic filing
10service provider.

end delete
begin insert

11
(14) Fees for the electronic filing or service of documents
12through an electronic filing service provider if a court requires or
13orders electronic filing or service of documents.

end insert

14(15) begin deleteElectronic filing service provider hosting fees. If end deletebegin insertFees for
15the hosting of electronic documents if end insert
a court requires or orders a
16party to have documents hosted by an electronic filing service
17begin delete provider, the recoverable costs are those actually incurred to host
18documents through an electronic filing serviceend delete
provider. This
19paragraph shall become inoperative on January 1, 2022.

20(16) Any other item that is required to be awarded to the
21prevailing party pursuant to statute as an incident to prevailing in
22the action at trial or on appeal.

23(b) The following items are not allowable as costs, except when
24expressly authorized by law:

25(1) Fees of experts not ordered by the court.

26(2) Investigation expenses in preparing the case for trial.

27(3) Postage, telephone, and photocopying charges, except for
28exhibits.

29(4) Costs in investigation of jurors or in preparation for voir
30dire.

31(5) Transcripts of court proceedings not ordered by the court.

32(c) An award of costs shall be subject to the following:

33(1) Costs are allowable if incurred, whether or not paid.

34(2) Allowable costs shall be reasonably necessary to the conduct
35of the litigation rather than merely convenient or beneficial to its
36preparation.

37(3) Allowable costs shall be reasonable in amount.

38(4) Items not mentioned in this section and items assessed upon
39application may be allowed or denied in the court’s discretion.

P10   1(5) begin insert(A)end insertbegin insertend insertIf a statute of this state refers to the award of “costs and
2attorney’s fees,” attorney’s fees are an item and component of the
3costs to be awarded and are allowable as costs pursuant to
4subparagraph (B) of paragraph (10) of subdivision (a). A claim
5not based upon the court’s established schedule of attorney’s fees
6for actions on a contract shall bear the burden of proof. Attorney’s
7fees allowable as costs pursuant to subparagraph (B) of paragraph
8(10) of subdivision (a) may be fixed as follows:begin delete (A)end deletebegin insert (i)end insert upon a
9noticed motion,begin delete (B)end deletebegin insert (ii)end insert at the time a statement of decision is
10rendered,begin delete (C)end deletebegin insert (iii)end insert upon application supported by affidavit made
11concurrently with a claim for other costs, orbegin delete (D)end deletebegin insert (iv)end insert upon entry
12of default judgment. Attorney’s fees allowable as costs pursuant
13to subparagraph (A) or (C) of paragraph (10) of subdivision (a)
14shall be fixed either upon a noticed motion or upon entry of a
15default judgment, unless otherwise provided by stipulation of the
16parties.

17begin insert(B)end insertbegin insertend insertAttorney’s fees awarded pursuant to Section 1717 of the
18Civil Code are allowable costs under Section 1032 of this code as
19authorized by subparagraph (A) of paragraph (10) of subdivision
20(a).

21

SEC. 3.  

Section 6159 of the Government Code is amended to
22read:

23

6159.  

(a) The following definitions apply for purposes of this
24section:

25(1) “Credit card” means a card, plate, coupon book, or other
26credit device existing for the purpose of being used from time to
27time upon presentation to obtain money, property, labor, or services
28on credit.

29(2) “Card issuer” means a person, or his or her agent, who issues
30a credit card and purchases credit card drafts.

31(3) “Cardholder” means a person to whom a credit card is issued
32or any person who has agreed with the card issuer to pay
33obligations arising from the issuance of a credit card to another
34person.

35(4) “Debit card” means a card or other means of access to a
36debit card cardholder’s account that may be used to initiate
37electronic funds transfers from that account.

38(5) “Draft purchaser” means a person who purchases credit card
39drafts.

P11   1(6) “Electronic funds transfer” means a method by which a
2person permits electronic access to, and transfer of, money held
3in an account by that person.

4(b) Subject to subdivisions (c) and (d), a court, city, county, city
5and county, or other public agency may authorize the acceptance
6of a credit card, debit card, or electronic funds transfer for any of
7the following:

8(1) The payment for the deposit of bail for any offense not
9declared to be a felony or for a court-ordered fee, fine, forfeiture,
10penalty, assessment, or restitution. Use of a card or electronic funds
11transfer pursuant to this paragraph may include a requirement that
12the defendant be charged an administrative fee charged by the
13company issuing the card or processing the account for the cost
14of the transaction.

15(2) The payment of a filing fee or other court fee.

16(3) The payment of towage or storage costs for a vehicle that
17has been removed from a highway, or from public or private
18property, as a result of parking violations.

19(4) The payment of child, family, or spousal support, including
20reimbursement of public assistance, related fees, costs, or penalties,
21with the authorization of the cardholder or accountholder.

22(5) The payment for services rendered by a city, county, city
23and county, or other public agency.

24(6) The payment of a fee, charge, or tax due a city, county, city
25and county, or other public agency.

26(7) The payment of moneys payable to the sheriff pursuant to
27a levy under a writ of attachment or writ of execution. If the use
28of a card or electronic funds transfer pursuant to this paragraph
29includes any administrative fee charged by the company issuing
30the card or processing the account for the cost of the transaction,
31that fee shall be paid by the person who pays the money to the
32sheriff pursuant to the levy.

33(8) The payment of a donation, gift, bequest, or devise made to
34or in favor of a county, or to or in favor of a county board of
35supervisors, pursuant to Section 25355.

36(c) A court desiring to authorize the use of a credit card, debit
37card, or electronic funds transfer pursuant to subdivision (b) shall
38obtain the approval of the Judicial Council. A city desiring to
39authorize the use of a credit card, debit card, or electronic funds
40transfer pursuant to subdivision (b) shall obtain the approval of its
P12   1city council. Any other public agency desiring to authorize the use
2of a credit card, debit card, or electronic funds transfer pursuant
3to subdivision (b) shall obtain the approval of the governing body
4that has fiscal responsibility for that agency.

5(d) After approval is obtained, a contract may be executed with
6one or more credit card issuers, debit card issuers, electronic funds
7transfer processors, or draft purchasers. The contract shall provide
8for the following matters:

9(1) The respective rights and duties of the court, city, county,
10city and county, or other public agency and card issuer, funds
11 processor, or draft purchaser regarding the presentment,
12acceptability, and payment of credit and debit card drafts and
13electronic funds transfer requests.

14(2) The establishment of a reasonable means by which to
15facilitate payment settlements.

16(3) The payment to the card issuer, funds processor, or draft
17purchaser of a reasonable fee or discount.

18(4) Any other matters appropriately included in contracts with
19respect to the purchase of credit and debit card drafts and
20processing of electronic funds transfer requests as may be agreed
21upon by the parties to the contract.

22(e) The honoring of a credit card, debit card, or electronic funds
23transfer pursuant to subdivision (b) constitutes payment of the
24amount owing to the court, city, county, city and county, or other
25public agency as of the date the credit or debit card is honored or
26the electronic funds transfer is processed, if the credit or debit card
27draft is paid following its due presentment to a card issuer or draft
28purchaser or the electronic funds transfer is completed with transfer
29to the agency requesting the transfer.

30(f) If a credit or debit card draft is not paid following due
31presentment to a card issuer or draft purchaser or is charged back
32to the court, city, county, city and county, or other public agency
33for any reason, any record of payment made by the court, city, or
34other public agency honoring the credit or debit card shall be void.
35If an electronic funds transfer request is not completed with transfer
36to the agency requesting the transfer or is charged back to the
37agency for any reason, any record of payment made by the agency
38processing the electronic funds transfer shall be void. A receipt
39issued in acknowledgment of payment shall also be void. The
P13   1obligation of the cardholder or accountholder shall continue as an
2outstanding obligation as if no payment had been attempted.

3(g) If a credit card, debit card draft, electronic funds transfer,
4or other payment offered in payment is returned without payment,
5for any reason, a reasonable charge for the charge back or return,
6not to exceed the actual costs incurred by the public agency, may
7be imposed to recover the public agency’s processing and
8collection costs. This charge may be added to, and become part
9of, any underlying obligation other than an obligation that
10constitutes a lien on real property, and a different method of
11payment for that payment and future payments by this person may
12be prescribed.

13(h) (1) Notwithstanding Title 1.3 (commencing with Section
141747) of Part 4 of Division 3 of the Civil Code, a court or agent
15 of the court, city, county, city and county, or any other public
16agency may impose a fee for the use of a credit or debit card or
17electronic funds transfer, not to exceed the costs incurred by the
18agencybegin insert or agentend insert in providing for payment by credit or debit card
19or electronic funds transfer. These costs may include, but shall not
20be limited to, the payment of fees or discounts as specified in
21paragraph (3) of subdivision (d). A fee imposed by a court or agent
22of the court pursuant to this subdivision shall be approved by the
23Judicial Council. A fee imposed by any other public agency
24pursuant to this subdivision for the use of a credit or debit card or
25electronic funds transfer shall be approved by the governing body
26responsible for the fiscal decisions of the public agency.

27(2) For purposes of this subdivision, an electronic filing service
28 provider who is required to collect and remitbegin delete funds in orderend deletebegin insert a
29payment described in paragraph (2) of subdivision (b)end insert
to complete
30an electronic filing transaction is deemed an agent of the court.
31
begin insert Unless otherwise specified, the electronic filing service provider
32is deemed an agent of the court for the sole purpose of collecting
33and remitting a payment described in paragraph (2) of subdivision
34(b) for an electronic filing transaction.end insert

begin insert

35
(3) A court shall not be held liable for the actions of an agent
36of the court under this subdivision.

end insert
begin insert

37
(4) An agent of the court shall report its costs in providing for
38payment by credit or debit card, or electronic funds transfer. These
39reports shall be issued pursuant to guidelines adopted by the
40Judicial Council. For purposes of verifying the accuracy of these
P14   1reports and compliance with this subdivision, the Judicial Council,
2or its authorized representative, shall have the right to access and
3examine the records and documents of an agent of the court. The
4agent of the court shall provide the Judicial Council with all
5relevant information requested, and shall permit access to its
6premises at reasonable times for purposes of interviewing
7employees, and inspecting and copying any relevant records. The
8agent of the court shall maintain all records and documents
9relating to its fees and costs for a minimum of four years from the
10date the fee is imposed, or until the verification process is
11completed, whichever occurs later.

end insert

12(i) Fees or discounts provided for under paragraph (3) of
13subdivision (d) shall be deducted or accounted for before any
14statutory or other distribution of funds received from the card
15issuer, funds processor, or draft purchaser to the extent not
16recovered from the cardholder or accountholder pursuant to
17subdivision (h).

18(j) The Judicial Council may enter into a master agreement with
19one or more credit or debit card issuers, funds processors, or draft
20purchasers for the acceptance and payment of credit or debit card
21drafts and electronic funds transfer requests received by the courts.
22A court may join in any of these master agreements or may enter
23into a separate agreement with a credit or debit card issuer, funds
24processor, or draft purchaser.

25(k) An electronic filing service provider, as described in
26subdivision (h), shall not collect or attempt to collect a fee to
27complete an electronic filingbegin delete transactionend deletebegin insert transaction, including a
28fee to process a payment, a filing fee or other court fee, or a fee
29charged by the electronic filing service provider for electronically
30filing documents,end insert
from a party who is exempt from paying fees;
31provided, however, that the electronic filing service provider shall
32complete the filing notwithstanding the fee exemption.

33(l) Abegin delete court or an entity contracted with a court to provide a
34system for acceptance of electronically transmitted documents and
35associated fees shall not require an electronic filing service provider
36to use any single method of payment but shall instead offer a menu
37of payment options thatend delete
begin insert court, or an electronic filing manager that
38provides a court, pursuant to a contract, with a system for
39accepting electronically transmitted documents and associated
40filing and other court fees, shall accept more than one method of
P15   1payment from an electronic filing service provider described in
2paragraph (2) of subdivision (h). The court shall determine the
3methods of payment that will be accepted by the court and the
4electronic filing manager. The methods of paymentend insert
may include
5credit or debit cards, electronic funds transfers, electronic networks
6for financial transactions such as Automated Clearing House
7begin delete (ACH)end deletebegin insert (ACH),end insert andbegin insert otherend insert payment methods that do not charge a
8 transaction cost.



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