BILL NUMBER: AB 1718	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Monning

                        FEBRUARY 2, 2010

   An act to amend Section 470.5 of the Business and Business Code,
relating to dispute resolution.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1718, as introduced, Monning. Dispute resolution.
   Existing law requires the Administrative Office of the Courts to
make monthly distributions from superior court filing fees for the
support of specified dispute resolution programs established by
counties. Existing law provides that the total amount to be
distributed for those programs may be no more than $8 per filing fee.

   This bill would, on and after January 1, 2012, increase the
authorized amount of those distributions to no more than $13 per
filing fee.
   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.  Section 470.5 of the Business and Professions Code is
amended to read:
   470.5.  (a) On and after January 1, 2006, as described in Section
68085.1 of the Government Code, the Administrative Office of the
Courts shall make monthly distributions from superior court filing
fees for the support of dispute resolution programs under this
chapter in each county that has acted to establish a program. The
amount distributed in each county shall be equal to the following:
   (1) From each first paper filing fee collected by the court as
provided under Section 70611 or 70612, subdivision (a) of Section
70613, subdivision (a) of Section 70614, or Section 70670 of the
Government Code, and each first paper or petition filing fee
collected by the court in a probate matter as provided under Section
70650, 70651, 70652, 70653, or 70655 of the Government Code, the same
amount as was required to be collected for the support of dispute
resolution programs in that county as of December 31, 2005, when a
fee was collected for the filing of a first paper in a civil action
under Section 26820.4 of the Government Code.
   (2) From each first paper filing fee in a limited civil case
collected by the court as provided under subdivision (b) of Section
70613 or subdivision (b) of Section 70614 of the Government Code, and
each first paper or petition filing fee collected by the court in a
probate matter as provided under Section 70654, 70656, or 70658 of
the Government Code, the same amount as was required to be collected
for the support of dispute resolution programs in that county as of
December 31, 2005, when a fee was collected for the filing of a first
paper in a civil action under Section 72055 of the Government Code
where the amount demanded, excluding attorney's fees and costs, was
ten thousand dollars ($10,000) or less.
   (b) Distributions under this section shall be used only for the
support of dispute resolution programs authorized by this chapter.
The county shall deposit the amounts distributed under this section
in an account created and maintained for this purpose by the county.
Records of these distributions shall be available for inspection by
the public upon request.
   (c) After January 1, 2006, a county that does not already have a
distribution from superior court filing fees under this section and
that establishes a dispute resolution program authorized by this
chapter may approve a distribution under this section. A county that
already has a distribution under this section may change the amount
of the distribution.  The   Until January 1,
2012, the  total amount to be distributed for the support of
dispute resolution programs under this section may not exceed eight
dollars ($8) per filing fee.  On and after January 1, 2012, the
total amount to be distributed for the support of dispute resolution
programs under this section may not exceed thirteen dollars ($13) per
filing fee. 
   (d) The county may make changes under subdivision (c) to be
effective January 1 or July 1 of any year, on and after January 1,
2006. The county shall provide the Administrative Office of the
Courts with a copy of the action of the board of supervisors that
establishes the change at least 15 days before the date that the
change goes into effect.