BILL NUMBER: AB 1718 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 27, 2010
AMENDED IN ASSEMBLY MARCH 11, 2010
INTRODUCED BY Assembly Member Monning
FEBRUARY 2, 2010
An act to amend Sections 470.5 and 6322.1 of the Business
and Professions Code, to amend Sections 68085.3, 68085.4, 68086.1,
70611, 70612, 70613, 70614, 70621, 70650, 70651, 70652, 70653, 70654,
70655, 70656, 70658, and 70670 of the Government Code, to amend
Section 103470 of the Health and Safety Code, and to amend Section
7660 of the Probate Code, relating to An act to amend
Section 470.5 of the Business and Professions Code, relating to
courts.
LEGISLATIVE COUNSEL'S DIGEST
AB 1718, as amended, Monning. Court fees.
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 increase the authorized amount of those
distributions to no more than $13 per filing fee
instead limit the amount to be distributed to an unspecified amount
.
Existing law specifies various uniform fees for filing specified
documents in connection with certain civil proceedings, including the
fee for filing the first paper in a civil action or proceeding in
the superior court. Existing law specifies the disposition of those
proceeds, including, but not limited to, to the county law library
fund, for support of dispute resolution programs, and to the
Immediate and Critical Needs Account of the State Court Facilities
Construction Fund.
This bill would increase each of those fees in the amount of $5.
The bill would make other conforming changes.
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 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.
SEC. 2. Section 6322.1 of the Business and
Professions Code is amended to read:
6322.1. (a) Until the end of the moratorium described in Section
70601 of the Government Code, the board of supervisors of any county
may increase, as provided in this section, the amount distributed to
its county law library fund from the uniform filing fees listed in
Section 6321 whenever it determines that the increase is necessary to
defray the expenses of the law library.
Any increase in the amount distributed to the law library fund in
any county under this subdivision shall not be effective until
January 1 of the next year after the adoption by the board of
supervisors of the increase. The amount of the increase in any
calendar year shall be no greater than three dollars ($3) over the
previous calendar year. A copy of the action of the board of
supervisors that establishes the increase shall be provided to the
Administrative Office of the Courts as soon as it becomes available
but no later than December 15 of the year before the increased
distribution goes into effect.
(b) Distribution changes after January 1, 2008, shall be
determined by the process described in Section 70601 of the
Government Code.
(c) (1) In an action or proceeding in which a claim for money
damages falls within the monetary jurisdiction of the small claims
court and is filed by an assignee who is prohibited from filing or
maintaining a claim pursuant to Section 116.420 of the Code of Civil
Procedure, the uniform filing fee shall be reduced by twenty-four
dollars ($24) to one hundred eighty-six dollars ($186) if the
complaint contains a declaration under penalty of perjury, executed
by the party requesting the reduction in fees, that the case
qualifies for the lower fee because the claim for money damages will
not exceed the monetary jurisdiction of small claims court and is
filed by an assignee of the claim.
(2) When the uniform filing fee is reduced as provided under this
subdivision, the amount distributed from each uniform filing fee to
the law library fund in the county shall be as follows:
Jurisdiction Amount
Alameda........................ $12.00
Alpine......................... 1.00
Amador......................... 6.00
Butte.......................... 12.00
Calaveras...................... 7.00
Colusa......................... 12.00
Contra Costa................... 8.00
Del Norte...................... 6.00
El Dorado...................... 9.00
Fresno......................... 9.00
Glenn.......................... 6.00
Humboldt....................... 12.00
Imperial....................... 12.00
Inyo........................... 6.00
Kern........................... 12.00
Kings.......................... 12.00
Lake........................... 12.00
Lassen......................... 12.00
Los Angeles.................... 5.00
Madera......................... 12.00
Marin.......................... 12.00
Mariposa....................... 4.00
Mendocino...................... 12.00
Merced......................... 12.00
Modoc.......................... 6.00
Mono........................... 6.00
Monterey....................... 10.00
Napa........................... 12.00
Nevada......................... 7.00
Orange......................... 8.00
Placer......................... 7.00
Plumas......................... 6.00
Riverside...................... 12.00
Sacramento..................... 8.50
San Benito..................... 6.00
San Bernardino................. 12.00
San Diego...................... 12.00
San Francisco.................. 12.00
San Joaquin.................... 10.00
San Luis Obispo................ 12.00
San Mateo...................... 12.00
Santa Barbara.................. 12.00
Santa Clara.................... 8.00
Santa Cruz..................... 12.00
Shasta......................... 8.50
Sierra......................... 9.00
Siskiyou....................... 8.00
Solano......................... 9.00
Sonoma......................... 12.00
Stanislaus..................... 6.50
Sutter......................... 1.00
Tehama......................... 9.00
Trinity........................ 6.00
Tulare......................... 12.00
Tuolumne....................... 2.00
Ventura........................ 12.00
Yolo........................... 10.00
Yuba........................... 7.00
The increases described in subdivision (a) do not apply to the law
library distributions in this subdivision.
(3) Notwithstanding subdivision (d) of Section 68085.4 of the
Government Code, when the uniform filing fee is reduced as provided
in this subdivision, the amounts distributed to dispute resolution
programs, the State Court Facilities Construction Fund, the Judges'
Retirement Fund, children's waiting rooms, and the Equal Access Fund
shall remain as provided under subdivisions (b) and (c) of Section
68085.4 of the Government Code and shall not be changed. Only the
amounts distributed to the Trial Court Trust Fund, the law libraries,
and the Immediate and Critical Needs Account of the State Court
Facilities Construction Fund shall be adjusted. The amount
distributed from each uniform filing fee under this section to the
Immediate and Critical Needs Account of the State Court Facilities
Construction Fund, established in Section 70371.5, shall be eleven
dollars ($11). If the fee is further reduced below one hundred
eighty-six dollars ($186), as with a partial waiver or partial
payment, the proportional reductions described in subdivision (g) of
Section 68085.1 of the Government Code shall apply.
(d) Distributions under this section to the law library fund in
each county shall be used only for the purposes authorized by this
chapter.
(e) As used in this section and Section 6321, "law library fund"
includes a law library account described in the second paragraph of
Section 6320.
SEC. 3. Section 68085.3 of the Government Code
is amended to read:
68085.3. (a) Fees collected under Sections 70611, 70612, 70650,
70651, 70652, 70653, 70655, 70658, and 70670 shall be deposited in a
bank account established by the Administrative Office of the Courts
for deposit of fees collected by the courts.
(b) For each three-hundred-sixty-dollar ($360) fee listed in
subdivision (a), the Administrative Office of the Courts shall
distribute specified amounts in each county as follows:
(1) To the county law library fund, the amount described in
Sections 6321 and 6322.1 of the Business and Professions Code.
(2) To the account to support dispute resolution programs, the
amount described in Section 470.5 of the Business and Professions
Code.
(c) The remainder of the fees in subdivision (a) shall be
transmitted monthly to the Treasurer for deposit. For each
three-hundred-sixty-dollar ($360) fee listed in subdivision (a), the
Controller shall make deposits as follows:
(1) To the State Court Facilities Construction Fund, as provided
in Article 6 (commencing with Section 70371) of Chapter 5.7,
thirty-five dollars ($35).
(2) To the Immediate and Critical Needs Account of the State Court
Facilities Construction Fund, established in Section 70371.5, thirty
dollars ($30), unless the fee is collected under Section 70658, in
which case the amount distributed to that fund shall be one hundred
seventy dollars ($170).
(3) To the Judges' Retirement Fund, as established in Section
75100, two dollars and fifty cents ($2.50).
(4) To the Trial Court Trust Fund for use as part of the Equal
Access Fund program administered by the Judicial Council, four
dollars and eighty cents ($4.80).
(5) To the Trial Court Trust Fund, as provided in Section 68085.1,
the remainder of the fee.
(d) If any of the fees listed in subdivision (a) are reduced or
partially waived, the amount of the reduction or partial waiver shall
be deducted from the amount to be distributed to each fund or
account in the same proportion as the amount of each distribution
bears to the total amount of the fee.
(e) As used in this section, "law library fund" includes a law
library account described in Section 6320 of the Business and
Professions Code.
SEC. 4. Section 68085.4 of the Government Code
is amended to read:
68085.4. (a) Fees collected under Sections 70613, 70614, 70621,
70654, and 70656 of this code, Section 103470 of the Health and
Safety Code, and Section 7660 of the Probate Code shall be deposited
in a bank account established by the Administrative Office of the
Courts for deposit of fees collected by the courts.
(b) For each three-hundred-thirty-five-dollar ($335) fee and each
two-hundred-ten-dollar ($210) fee listed in subdivision (a), the
Administrative Office of the Courts shall distribute specified
amounts in each county as follows:
(1) To the county law library fund, the amount described in
Sections 6321 and 6322.1 of the Business and Professions Code.
(2) To the account to support dispute resolution programs, the
amount described in Section 470.5 of the Business and Professions
Code.
(c) The remainder of the fees in subdivision (a) shall be
transmitted monthly to the Treasurer for deposit. For each
three-hundred-thirty-five-dollar ($335) fee and each
two-hundred-ten-dollar ($210) fee listed in subdivision (a), the
Controller shall make deposits as follows:
(1) To the State Court Facilities Construction Fund, as provided
in Article 6 (commencing with Section 70371) of Chapter 5.7,
twenty-five dollars ($25) if the fee is three hundred thirty-five
dollars ($335), and twenty dollars ($20) if the fee is two hundred
ten dollars ($210).
(2) To the Immediate and Critical Needs Account of the State Court
Facilities Construction Fund, established in Section 70371.5,
twenty-five dollars ($25) if the fee is three hundred thirty-five
dollars ($335), and twenty dollars ($20) if the fee is two hundred
ten dollars ($210), except as otherwise provided in Section 6322.1 of
the Business and Professions Code.
(3) To the Judges' Retirement Fund, as established in Section
75100, two dollars and fifty cents ($2.50).
(4) To the Trial Court Trust Fund for use as part of the Equal
Access Fund program administered by the Judicial Council, four
dollars and eighty cents ($4.80).
(5) To the Trial Court Trust Fund, as provided in Section 68085.1,
the remainder of the fee.
(d) If any of the fees listed in subdivision (a) are reduced or
partially waived, the amount of the reduction or partial waiver shall
be deducted from the amount to be distributed to each fund or
account in the same proportion as the amount of each distribution
bears to the total amount of the fee.
(e) As used in this section, "law library fund" includes a law
library account described in Section 6320 of the Business and
Professions Code.
SEC. 5. Section 68086.1 of the Government Code
is amended to read:
68086.1. (a) For each three-hundred-sixty-dollar ($360) fee
collected under Section 70611, 70612, or 70670, thirty dollars ($30)
of the amount distributed to the Trial Court Trust Fund shall be used
for services of an official court reporter in civil proceedings.
(b) For each three-hundred-thirty-five-dollar ($335) fee collected
under subdivision (a) of Section 70613 or subdivision (a) of Section
70614, thirty dollars ($30) of the amount distributed to the Trial
Court Trust Fund shall be used for services of an official court
reporter in civil proceedings.
(c) It is the intent of the Legislature, in approving the
thirty-dollar ($30) distribution out of each filing fee listed in
subdivisions (a) and (b), to continue an incentive to courts to use
the services of an official court reporter in civil proceedings.
However, nothing in this section shall affect the Judicial Council's
authority to allocate these revenues to replace reductions in the
General Fund appropriation to the Trial Court Trust Fund.
(d) The portion of the distribution to the Trial Court Trust Fund
to be used for services of an official court reporter in civil
proceedings pursuant to subdivisions (a) and (b) shall be used only
in trial courts that utilize the services of an official court
reporter in civil proceedings.
SEC. 6. Section 70611 of the Government Code is
amended to read:
70611. The uniform fee for filing the first paper in a civil
action or proceeding in the superior court, other than in a limited
civil case, an adoption proceeding, a proceeding under the Probate
Code, or a proceeding under the Family Code, is three hundred sixty
dollars ($360). The fee shall be distributed as provided in Section
68085.3.
This section applies to the initial complaint, petition, or
application, and the papers transmitted from another court on the
transfer of a civil action or proceeding, but does not include
documents filed pursuant to Section 491.150, 704.750, or 708.160 of
the Code of Civil Procedure.
SEC. 7. Section 70612 of the Government Code is
amended to read:
70612. (a) The uniform fee for filing the first paper in the
action or proceeding described in Section 70611 on behalf of any
defendant, intervenor, respondent, or adverse party, whether
separately or jointly, except for the purpose of making disclaimer,
is three hundred sixty dollars ($360). The fee shall be distributed
as provided in Section 68085.3.
(b) As used in this section, the term "paper" does not include a
stipulation for the appointment of a temporary judge or of a court
investigator, or the report made by the court investigator.
SEC. 8. Section 70613 of the Government Code is
amended to read:
70613. (a) The uniform fee for filing the first paper in a
limited civil case is three hundred thirty-five dollars ($335),
except as provided in subdivision (b).
(b) In a case where the amount demanded, excluding attorney's fees
and costs, is ten thousand dollars ($10,000) or less, the uniform
fee for filing the first paper is two hundred ten dollars ($210). The
first page of the first paper shall state whether the amount
demanded exceeds or does not exceed ten thousand dollars ($10,000).
(c) This section applies to the initial complaint, petition, or
application, and any papers transmitted from another court on the
transfer of a civil action or proceeding, but does not include
documents filed pursuant to Section 491.150, 704.750, or 708.160 of
the Code of Civil Procedure.
(d) The fee for a paper filed under this section shall be
distributed as provided in Section 68085.4.
(e) The fee shall be waived in any action for damages against a
defendant, based upon the defendant's commission of a felony offense,
upon presentation to the clerk of the court of a certified copy of
the abstract of judgment of conviction of the defendant of the felony
giving rise to the claim for damages. If the plaintiff would have
been entitled to recover those fees from the defendant had they been
paid, the court may assess the amount of the waived fees against the
defendant and order the defendant to pay that sum to the court.
SEC. 9. Section 70614 of the Government Code is
amended to read:
70614. (a) The uniform fee for filing the first paper in a
limited civil case on behalf of any party other than a plaintiff is
three hundred thirty-five dollars ($335), except as provided in
subdivision (b).
(b) In a case where the amount demanded, excluding attorney's fees
and costs, is ten thousand dollars ($10,000) or less, the uniform
fee for filing the first paper is two hundred ten dollars ($210).
(c) The fees in this section do not apply to papers filed for the
purpose of making disclaimer.
(d) The fee for a paper filed under this section shall be
distributed as provided in Section 68085.4.
SEC. 10. Section 70621 of the Government Code
is amended to read:
70621. (a) (1) The fee for filing a notice of appeal to the
appellate division of the superior court in a limited civil case is
three hundred thirty-five dollars ($335), except as provided in
subdivision (b).
(2) The fee for filing a petition for a writ within the original
jurisdiction of the appellate division of the superior court is three
hundred thirty-five dollars ($335), except as provided in
subdivision (b).
(b) If the amount demanded in the limited civil case, excluding
attorney's fees and costs, is ten thousand dollars ($10,000) or less,
the fee for filing a petition for a writ or a notice of appeal to
the appellate division of the superior court is two hundred ten
dollars ($210).
(c) The fees provided for in this section shall be distributed as
provided in Section 68085.4.
(d) The Judicial Council may make rules governing the time and
method of payment of the fees in this section and providing for
excuse.
SEC. 11. Section 70650 of the Government Code
is amended to read:
70650. (a) The uniform filing fee for the first petition for
letters of administration or letters testamentary, or the first
petition for special letters of administration with the powers of a
general personal representative pursuant to Section 8545 of the
Probate Code, is three hundred sixty dollars ($360).
(b) The uniform filing fee for the first objections to the probate
of any will or codicil under Section 8250 of the Probate Code, or
the first petition for revocation of probate of any will or codicil
under Section 8270 of the Probate Code, is three hundred sixty
dollars ($360). The uniform filing fee for the first petition for
special letters of administration without the powers of a general
personal representative is the fee provided in Section 70657.5. Where
objections to the probate of a will or codicil or a petition for
revocation of probate of a will or codicil are filed together with a
petition for appointment of a personal representative described in
subdivision (c) filed by the same person, only the fee provided in
subdivision (c) shall be charged to that person.
(c) A fee of three hundred sixty dollars ($360) shall also be
charged for filing each subsequent petition or objections of a type
described in subdivision (a) in the same proceeding by a person other
than the original petitioner or contestant. The same fee as provided
in subdivision (b) shall be charged for filing each subsequent
petition or objections of a type described in that subdivision in the
same proceeding by a person other than the original petitioner or
contestant.
(d) Notwithstanding Section 70658.5, if a petition for special
letters of administration is filed together with a petition for
letters of administration or letters testamentary under subdivision
(a) or (c) by the same person, the person filing the petitions shall
be charged the applicable filing fees for both petitions.
(e) The uniform filing fee charged under this section shall be
distributed as provided in Section 68085.3.
SEC. 12. Section 70651 of the Government Code
is amended to read:
70651. (a) The uniform filing fee for objections or any other
paper in opposition to a petition described in subdivision (a) of
Section 70650, other than a petition described in subdivision (c) of
Section 70650, is three hundred sixty dollars ($360). If objections
or any other paper in opposition are filed together with a petition
described in subdivision (c) of Section 70650 by the same person,
only the fee provided in subdivision (c) of Section 70650 shall be
charged to that person.
(b) The uniform filing fee charged under this section shall be
distributed as provided in Section 68085.3.
SEC. 13. Section 70652 of the Government Code
is amended to read:
70652. (a) The uniform filing fee for each petition concerning
the internal affairs of a trust under Chapter 3 (commencing with
Section 17200) of Part 5 of Division 9 of the Probate Code, or a
first account of a trustee of a testamentary trust that is subject to
the continuing jurisdiction of the court pursuant to Chapter 4
(commencing with Section 17300) of Part 5 of Division 9 of the
Probate Code, is three hundred sixty dollars ($360).
(b) The uniform filing fee for each paper filed in opposition to a
petition or first account of a trustee of a testamentary trust under
subdivision (a) is three hundred sixty dollars ($360).
(c) To avoid
hardship, or for other good cause, the court may direct the clerk of
the court to refund all or any part of a filing fee paid under this
section.
(d) This section does not apply to petitions or opposition filed
concerning trusts created by court order under Article 10 (commencing
with Section 2580) of Chapter 6 of Part 3 of Division 4 of the
Probate Code, Article 1 (commencing with Section 3100) of Chapter 3
of Part 6 of Division 4 of the Probate Code, Article 1 (commencing
with Section 3600) of Chapter 4 of Part 8 of Division 4 of the
Probate Code.
(e) The uniform filing fee charged under this section shall be
distributed as provided in Section 68085.3.
SEC. 14. Section 70653 of the Government Code
is amended to read:
70653. (a) The uniform filing fee for a petition for appointment
of a conservator, a guardian of the estate, or a guardian of the
person and estate, pursuant to Division 4 (commencing with Section
1400) of the Probate Code, is three hundred sixty dollars ($360).
(b) Except as provided in subdivision (f), the uniform filing fee
for objections or any other paper in opposition to a petition under
subdivision (a) or (d) is three hundred sixty dollars ($360).
(c) If a competing petition for appointment of a guardian or
conservator subject to the fee under subdivision (a) is filed
together with opposition to the petition of another by the same
person, the person filing the competing petition and opposition shall
be charged a filing fee only for the competing petition.
(d) Notwithstanding Section 70658.5, if a petition for appointment
of a temporary guardian or conservator is filed together with a
petition for appointment of a guardian or conservator under
subdivision (a), or a competing petition under subdivision (c) by the
same person, the person filing the petitions shall be charged the
applicable filing fees for both petitions.
(e) The uniform filing fee charged under this section shall be
distributed as provided in Section 68085.3.
(f) No fee under this section shall be charged for objections or
any other paper in opposition filed by or on behalf of the proposed
conservatee, or the minor or a parent of the minor who is the subject
of a guardianship proceeding.
SEC. 15. Section 70654 of the Government Code
is amended to read:
70654. (a) The uniform filing fee for a petition for appointment
of a guardian of the person only, is two hundred ten dollars ($210).
(b) Except as provided in subdivision (e), the uniform filing fee
for objections or any other paper in opposition to a petition under
subdivision (a) is two hundred ten dollars ($210).
(c) If a competing petition for appointment of a guardian subject
to the fee under subdivision (a) is filed together with opposition to
the petition of another by the same person, the person filing the
competing petition and opposition shall be charged a filing fee only
for the competing petition.
(d) Notwithstanding Section 70658.5, if a petition for appointment
of a temporary guardian is filed together with a petition for
appointment of a guardian under subdivision (a), or a competing
petition under subdivision (c) by the same person, the person filing
the petitions shall be charged the applicable filing fees for both
petitions.
(e) No fee under this section shall be charged for objections or
any other paper in opposition filed by or on behalf of the minor or a
parent of the minor who is the subject of the proceeding.
(f) The uniform filing fee charged under this section shall be
distributed as provided in Section 68085.4.
(g) No other fees shall be charged for filing a paper under this
section in addition to the uniform filing fee provided for in this
section.
SEC. 16. Section 70655 of the Government Code
is amended to read:
70655. (a) The uniform filing fee for a petition that commences
any of the proceedings under the Probate Code listed in subdivision
(c) is three hundred sixty dollars ($360).
(b) The uniform filing fee for objections or any other paper filed
in opposition to a petition under subdivision (a) is three hundred
sixty dollars ($360).
(c) This section applies to petitions or opposition concerning the
following proceedings:
(1) A petition for compromise of a minor's claim pursuant to
Section 3600 of the Probate Code.
(2) A petition to determine succession to real property pursuant
to Section 13151 of the Probate Code.
(3) A spousal or domestic partnership property petition pursuant
to Section 13650 of the Probate Code, except as provided in Section
13652 of the Probate Code.
(4) A petition to establish the fact of death to determine title
to real property under Section 200 of the Probate Code.
(5) A petition for an order concerning a particular transaction
pursuant to Section 3100 of the Probate Code.
(6) A petition concerning capacity determination and health care
decision for an adult without conservator pursuant to Section 3200 of
the Probate Code.
(7) A petition concerning an advance health care directive
pursuant to Section 4766 of the Probate Code.
(8) A petition concerning a power of attorney pursuant to Section
4541 of the Probate Code.
(9) A petition for approval, compromise, or settlement of claims
against a deceased settlor, or for allocation of amounts due between
trusts, pursuant to Section 19020 of the Probate Code.
(10) Any other petition that commences a proceeding under the
Probate Code not otherwise provided for in this article.
(d) The uniform filing fee charged under this section shall be
distributed as provided in Section 68085.3.
SEC. 17. Section 70656 of the Government Code
is amended to read:
70656. (a) The uniform filing fee for a petition requesting an
order setting aside a decedent's estate of small value pursuant to
Section 6602 of the Probate Code, if no estate proceeding is pending
for the decedent, is two hundred ten dollars ($210).
(b) The uniform filing fee for objections or any other paper filed
in opposition to a petition under subdivision (a) is two hundred ten
dollars ($210).
(c) If a petition or objections or any other paper in opposition
under this section is filed concurrently with a petition for
appointment of a personal representative described in Section 70650,
the petitioner or objector shall be charged only for the filing fee
provided in Section 70650.
(d) The uniform filing fee charged under this section shall be
distributed as provided in Section 68085.4.
(e) Except as provided in subdivision (c), no other fee shall be
charged for filing a paper under this section in addition to the
uniform filing fee provided for in this section.
SEC. 18. Section 70658 of the Government Code
is amended to read:
70658. (a) Except as provided in subdivision (c), the uniform fee
for filing a petition or application, or objections or any other
paper in opposition to a petition or application listed in this
subdivision, filed after issuance of letters testamentary, letters of
administration, letters of special administration to a personal
representative of a decedent's estate, or letters of guardianship or
conservatorship, or letters of temporary guardianship or
conservatorship to a guardian or conservator, is three hundred sixty
dollars ($360). This section shall apply to the following petitions
or applications, or opposition:
(1) Petition or application for or opposition to an order
directing, authorizing, approving, or confirming the sale, lease,
encumbrance, grant of an option, purchase, conveyance, or exchange of
property.
(2) Petition or application for or opposition to an order settling
an account of a fiduciary.
(3) Petition or application for or opposition to an order
authorizing, instructing, or directing a fiduciary, or approving or
confirming the acts of a fiduciary.
(4) Petition or application for or opposition to an order fixing,
authorizing, allowing, or directing payment of compensation or
expenses of an attorney.
(5) Petition or application for or opposition to an order fixing,
authorizing, allowing, or directing payment of compensation or
expenses of a fiduciary.
(6) Petition or application for or opposition to an order
surcharging or removing a fiduciary.
(7) Petition or application for or opposition to an order
transferring or authorizing the transfer of the property of an estate
to a fiduciary in another jurisdiction.
(8) Petition or application for or opposition to an order allowing
a fiduciary's request to resign.
(9) Petition or application for or opposition to an order
adjudicating the merits of a claim made under Part 19 (commencing
with Section 850) of Division 2 of the Probate Code.
(10) Petition or application for or opposition to an order
granting permission to fix the residence of a ward or conservatee at
a place not within this state.
(11) Petition or application for or opposition to an order
directing, authorizing, approving, or modifying payments for support,
maintenance, or education of a ward or conservatee or for a person
entitled to support, maintenance, or education from a ward or
conservatee.
(12) Petition or application for or opposition to an order
granting or denying a request under Section 2423, concerning payment
of surplus income to the relatives of a conservatee, or Section 2580,
concerning substituted judgment, of the Probate Code.
(13) Petition or application for or opposition to an order
affecting the legal capacity of a conservatee pursuant to Chapter 4
(commencing with Section 1870) of Part 3 of Division 4 of the Probate
Code.
(14) Petition or application for or opposition to an order
adjudicating the merits of a claim under Article 5 (commencing with
Section 2500) of Chapter 6 of Part 4 of Division 4 of the Probate
Code.
(b) The uniform fee in subdivision (a) shall be distributed as
provided in Section 68085.3. No other fee shall be charged for filing
a paper under this section in addition to the uniform filing fee
provided for in this section.
(c) The fee provided in this section shall not be charged for
filing any of the following papers:
(1) A petition or application, or opposition, in a guardianship
proceeding under Section 70654.
(2) A disclaimer of an interest in a decedent's estate.
(d) One hundred seventy dollars ($170) of each
three-hundred-sixty-dollar ($360) fee collected under this section
shall be transmitted to the Controller for deposit into the Immediate
and Critical Needs Account of the State Court Facilities
Construction Fund, established in Section 70371.5.
SEC. 19. Section 70670 of the Government Code
is amended to read:
70670. (a) The uniform fee for filing the first paper in a
proceeding under the Family Code, other than a proceeding for
dissolution of marriage or domestic partnership, legal separation, or
nullity, is three hundred sixty dollars ($360). The fee shall be
distributed as provided in Section 68085.3.
(b) The uniform fee for filing the first paper in a proceeding for
dissolution of marriage or domestic partnership, legal separation,
or nullity, is three hundred sixty dollars ($360). The fee shall be
distributed as provided in Section 68085.3, except that two dollars
($2) of the funds that would otherwise be distributed to the Trial
Court Trust Fund shall be transmitted to the Treasurer for deposit in
the Health Statistics Special Fund.
(c) The uniform fee for filing the first paper in a proceeding
under subdivision (a) on behalf of any respondent, defendant,
intervenor, or adverse party, whether separately or jointly, is three
hundred sixty dollars ($360). The fee shall be distributed as
provided in Section 68085.3.
(d) The uniform fee for filing the first paper in a proceeding
under subdivision (b) on behalf of any respondent, defendant,
intervenor, or adverse party, whether separately or jointly, is three
hundred sixty dollars ($360). The fee shall be distributed as
provided in Section 68085.3.
(e) The fees in this section do not apply to papers filed for the
purpose of making a disclaimer.
SEC. 20. Section 103470 of the Health and
Safety Code is amended to read:
103470. The fee for filing the petition is two hundred ten
dollars ($210). This fee shall be distributed as provided in Section
68085.4 of the Government Code. The petition may be heard by any
judge hearing probate matters, or if a probate department has been
designated for hearing probate matters, the matter shall be assigned
to the probate department for hearing.
SEC. 21. Section 7660 of the Probate Code is
amended to read:
7660. (a) If a public administrator takes possession or control
of an estate pursuant to this chapter, the public administrator may,
acting as personal representative of the estate, summarily dispose of
the estate in the manner provided in this article in either of the
following circumstances:
(1) The total value of the property in the decedent's estate does
not exceed the amount prescribed in Section 13100. The authority
provided by this paragraph may be exercised only upon order of the
court. The order may be made upon ex parte application. The fee to be
allowed to the clerk for the filing of the application is two
hundred ten dollars ($210). The authority for this summary
administration of the estate shall be evidenced by a court order for
summary disposition.
(2) The total value of the property in the decedent's estate does
not exceed thirty thousand dollars ($30,000). The authority provided
by this paragraph may be exercised without court authorization.
(A) A public administrator who is authorized to summarily dispose
of property of a decedent pursuant to this paragraph may issue a
written certification of Authority for Summary Administration. The
written certification is effective for 30 days after the date of
issuance.
(B) A financial institution, government or private agency,
retirement fund administrator, insurance company, licensed securities
dealer, or other person shall, without the necessity of inquiring
into the truth of the written certification of Authority for Summary
Administration and without court order or letters being issued do all
of the following:
(i) Provide the public administrator complete information
concerning any property held in the name of the decedent, including
the names and addresses of any beneficiaries or joint owners.
(ii) Grant the public administrator access to a safe-deposit box
or storage facility rented in the name of the decedent for the
purpose of inspection and removal of property of the decedent. Costs
and expenses incurred in accessing a safe-deposit box or storage
facility shall be borne by the estate of the decedent.
(iii) Surrender to the public administrator any property of the
decedent that is held or controlled by the financial institution,
agency, retirement fund administrator, insurance company, licensed
securities dealer, or other person.
(C) Receipt by a financial institution, government or private
agency, retirement fund administrator, insurance company, licensed
securities dealer, or other person of the written certification
provided by this article shall do both of the following:
(i) Constitute sufficient acquittance for providing information or
granting access to a safe-deposit box or a storage facility and for
surrendering any property of the decedent.
(ii) Fully discharge the financial institution, government or
private agency, retirement fund administrator, insurance company,
licensed securities dealer, or other person from liability for any
act or omission of the public administrator with respect to the
property, a safe-deposit box, or a storage facility.
(b) Summary disposition may be made notwithstanding the existence
of the decedent's will, if the will does not name an executor or if
the named executor refuses to act.
(c) Nothing in this article precludes the public administrator
from filing a petition with the court under any other provision of
this code concerning the administration of the decedent's estate.
(d) Petitions filed pursuant to this article shall contain the
information required by Section 8002.
(e) If a public administrator takes possession or control of an
estate pursuant to this chapter, this article conveys the authority
of a personal representative as described in Section 9650 to the
public administrator to summarily dispose of the estates pursuant to
the procedures described in paragraphs (1) and (2) of subdivision
(a).
(f) The fee charged under paragraph (1) of subdivision (a) shall
be distributed as provided in Section 68085.4 of the Government Code.
When an application is filed under that paragraph, no other fees
shall be charged in addition to the uniform filing fee provided for
in Section 68085.4 of the Government Code.