BILL NUMBER: SB 35	CHAPTERED  07/22/99

	CHAPTER   150
	FILED WITH SECRETARY OF STATE   JULY 22, 1999
	APPROVED BY GOVERNOR   JULY 22, 1999
	PASSED THE SENATE   JULY 12, 1999
	PASSED THE ASSEMBLY   JUNE 28, 1999
	AMENDED IN ASSEMBLY   JUNE 9, 1999
	AMENDED IN SENATE   MAY 24, 1999
	AMENDED IN SENATE   MAY 6, 1999

INTRODUCED BY   Senator Baca
   (Coauthor:  Assembly Member Longville)

                        DECEMBER 7, 1998

   An act to add Section 26826.4 to the Government Code, relating to
courthouse construction.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 35, Baca.  Court fees.
   Existing law authorizes a surcharge on civil filing fees of up to
$50, as specified by the board of supervisors, with respect to
actions filed in the municipal or superior court in the City and
County of San Francisco, to be used solely for courthouse
construction and renovation, as specified, and authorizes a similar
surcharge on certain civil filings in superior court in Riverside
County to be used for specified courthouse construction purposes.
   This bill would authorize a similar surcharge of no more than $35
on specified civil filing fees in the Superior Court of San
Bernardino County to be used for courthouse construction, as
specified.


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


  SECTION 1.  Section 26826.4 is added to the Government Code, to
read:
   26826.4.  In addition to the total filing fee authorized pursuant
to Section 26820.4, 26826, or 26827, after giving notice and holding
a public hearing on the proposal, the Board of Supervisors of San
Bernardino County may impose a surcharge not to exceed thirty-five
dollars ($35) for the filing in superior court, other than in a
limited civil case, of (a) a complaint,  petition, or other first
paper in a civil or probate action or special proceeding, and (b) a
first paper on behalf of any defendant, respondent, intervenor, or
adverse party.  The surcharge shall be in an amount determined to be
necessary by the board of supervisors to supplement the Courthouse
Construction Fund, to be deposited in that fund and used solely for
the purposes authorized for expenditures from that fund, and
collection thereof shall terminate upon repayment of the amortized
costs incurred, or 30 years from the sale of the bond, whichever
occurs first.  However, the surcharge shall not apply in instances in
which no filing fee is charged or the filing fee is waived.
  SEC. 2.  The Legislature finds and declares that, because of unique
risks to public safety applicable only to the courthouse in San
Bernardino County, a statute of general applicability cannot be
enacted within the meaning of subdivision (b) of Section 16 of
Article IV of the California Constitution.  Those unique risks are as
follows:  The San Bernardino Courthouse was constructed in 1926, and
is only a few miles from two major fault lines.  Four thousand to
five thousand individuals use the courthouse each day.  An
engineering report indicates that the courthouse will not withstand a
major earthquake.  Therefore, this special statute is necessary.