BILL NUMBER: AB 177	CHAPTERED  07/13/99

	CHAPTER   115
	FILED WITH SECRETARY OF STATE   JULY 13, 1999
	APPROVED BY GOVERNOR   JULY 13, 1999
	PASSED THE SENATE   JULY 1, 1999
	PASSED THE ASSEMBLY   MARCH 11, 1999
	AMENDED IN ASSEMBLY   MARCH 9, 1999

INTRODUCED BY   Assembly Member Papan

                        JANUARY 19, 1999

   An act to add and repeal Section 26826.3 of the Government Code,
relating to filing fees.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 177, Papan.  Filing fee surcharge:  children's waiting rooms.
   Existing law sets forth the total filing fee for filing specified
pleadings, motions, and papers in superior court, as specified.
   This bill would state that it is the policy of the state that each
court shall endeavor to provide a children's waiting room in each
courthouse for children whose parents or guardians are attending a
court hearing as a litigant, witness, or for other court purposes as
determined by the court; and would provide that to defray that
expense, in any county having established a children's waiting room
or that elects to establish such a service, the board of supervisors
may, after giving notice and holding a public hearing on the
proposal, impose a surcharge of not less than $2 and not more than $5
for the filing of specified pleadings, motions, and papers in
superior court, which surcharge would be in addition to the total
filing fee or any other authorized fee, but which shall be required
to be paid by a party only once in any action.  The bill would also
provide for the disposition of such surcharges.  These provisions
would be repealed on January 1, 2010, unless that date is deleted or
extended by later legislation.  The bill would also set forth the
intent of the Legislature with respect to the use of the surcharge
for these children's waiting rooms.


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


  SECTION 1.  Section 26826.3 is added to the Government Code, to
read:
   26826.3.  (a) It is the policy of the state that each court shall
endeavor to provide a children's waiting room in each courthouse for
children whose parents or guardians are attending a court hearing as
a litigant, witness, or for other court purposes as determined by the
court.  To defray that expense, in any county having established a
children's waiting room or that elects to establish such a service,
the board of supervisors may, after giving notice and holding a
public hearing on the proposal, impose a surcharge of not less than
two dollars ($2) and not more than five dollars ($5) for the filing
in superior court of (1) a complaint, petition, or other first paper
in a civil or probate action or special proceeding, (2) a first paper
on behalf of any defendant, respondent, intervenor, or adverse
party, (3) a motion for change of venue from another court, or (4) a
first paper on behalf of any party in a proceeding under Section 98.2
of the Labor Code.  This surcharge shall be in addition to the total
filing fee, as defined in Section 26820.6, and as applicable to
Section 26820.4, 26826, 26827, or any other fee authorized by this
code.  No party shall be required to pay the five dollar ($5)
surcharge more than once in any action.
   (b) The surcharge shall be remitted monthly by the clerk to the
county treasurer, to be retained by the treasurer in a special fund
designated as the Children's Waiting Room Fund.  The board of
supervisors shall make expenditures from the fund in payment of any
cost, excluding capital outlay, related to the establishment and
maintenance of the children's waiting room, including personnel,
heat, light, telephone, security, rental of space, furnishings, toys,
books, or any other item in connection with the operation of a
children's waiting room.
  (c) This section shall remain in effect only until January 1, 2010,
and as of that date is repealed, unless a later enacted statute
deletes or extends that date.
  SEC. 2.  It is the intent of the Legislature that the surcharge
authorized pursuant to this act shall be used to provide children's
waiting room services for children whose parents or guardians attend
court proceedings on an infrequent basis, either as litigants,
witnesses, or for other court purposes, as determined by the court.