BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 676|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
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|327-4478 | |
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THIRD READING
Bill No: SB 676
Author: Wolk (D)
Amended: 5/12/09
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-2, 4/21/09
AYES: Leno, Cedillo, Hancock, Steinberg, Wright
NOES: Benoit, Huff
SENATE LOCAL GOVERNMENT COMMITTEE : 3-1, 5/6/09
AYES: Wiggins, Kehoe, Wolk
NOES: Cox
NO VOTE RECORDED: Aanestad
SUBJECT : Local fees
SOURCE : Yolo County
DIGEST : This bill increases and/or eliminates the
maximum for various fees a county, city or court may charge
for specified services.
ANALYSIS : Existing law provides for an additional "state
penalty" of $10 for every $10 or fraction thereof, upon
every fine, penalty or forfeiture imposed and collected by
the courts for criminal offenses including all offenses,
except parking offenses, involving the Vehicle Code. Of
the money collected, 70% is transmitted to the state and
30% remains with the county. The state portion of the
money collected from the penalty is distributed in
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specified percentages among: the Fish and Game
Preservation Fund (0.33%); the Restitution Fund (32.02%);
the Peace Officers Training Fund (23.99%); the Driver
Training Penalty Assessment fund (25.70%); the corrections
Training Fund (7.88%); the Local Public Prosecutors and
Public Defenders fund (0.78%, not to exceed $850,000 per
year); the Victim-Witness Assistance fund (8.64%); and the
Traumatic Brain Injury Fund (066%). (Penal Code Section
1464.)
Existing law provides for an additional county penalty
assessme3nt of $7 for every $10 or fraction thereof, upon
every fine, penalty, or forfeiture imposed and collected by
the courts for criminal offenses, including all offenses
involving a violation of the Vehicle Code or any local
ordinance adopted pursuant to the Vehicle Code except
parking offenses. The money collected shall be placed in
any of the following funds if established by a County Board
of Supervisors: Courthouse Construction Fund; a Criminal
Justice Facilities Construction Fund; Automated Fingerprint
Identification Fund; Emergency medical Services Fund; DNA
Identification Fund. (Government Code Section 76000 et
seq.)
Existing law, as part of the 2002-03 Budget Act, provides
the Legislature impose a temporary state surcharge of 20%
on every base find collected by the court. All money
collected shall be deposited in the General Fund. (Penal
Code Section 1465.7.)
Existing law, as part of the Trial Court Facilities Act of
2002 (SB 1732 - Escutia), provides the Legislature
establish the "State Court Facilities Construction Fund"
and added a state court construction penalty assessment in
an amount up to $5 for every $10 or fraction thereof, upon
every fine, penalty, or forfeiture imposed and collected by
the courts for criminal offenses. The variation in the
amount is dependent on the amount collected by the county
for deposit into the local Courthouse Construction Fund
established pursuant to Government Code Section 76100. As
a result, the penalty assessment ranges from $0.00 for
every $10 in two counties to the full $5 for every $10 in
nine counties. This provision took effect on January 1,
2003. (Government Code Section 70372.)
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Existing law, as part of the 2003-04 Budget, provides the
Legislature approve a flat fee of $20 on every conviction
for a criminal offense to ensure adequate funding for court
security. This provision took effect immediately. (Penal
Code Section 1465.8.)
Existing law, as part of Proposition 69, November 2004,
levies a $1 penalty assessment on every $10 in fines and
forfeitures resulting from criminal and traffic offenses
and dedicates these revenues to state and local governments
for DNA databank implementation purposes - the state will
receive 70% of these funds in the first two years, 50% in
the third year and 35% annually thereafter. The remainder
will go to local governments. (Government Code Section
76104.6.)
Existing law creates an additional penalty assessment of $2
on every $10 to support emergency medical services.
(Government Code Section 7600.5.)
Existing law provides for a fee not to exceed $15 for the
issuance of a certificate showing whether there are any
federal liens on file. (Code of Civil Procedure Section
2103.)
This bill provides that the fee for the issuance of a
certificate showing whether there are any federal liens
shall cover the actual cost of the certificate.
Existing law sets forth specified fees to defray the costs
of managing and protecting fish and wildlife trust
resources in California including projects that require an
environmental impact report. In addition to other fees,
the county clerk may charge a documentary handling fee of
$50 per filing. (Fish and Game Code Section 711.4.)
This bill removes the maximum filing fee providing instead
that the county clerk may charge a documentary handling fee
per filing to reimburse the county for the actual costs of
services rendered.
Existing law provides that the filing fee for recording and
indexing every instrument, paper or notice required or
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permitted by law to be recorded is $4 for the recording of
the first paragraph and $3 for each additional page, with
the ability to charge additional fees as specified.
(Government Code Section 27361.)
This bill provides that the filing fee for recording and
indexing every instrument, paper or notice required or
permitted by law to be recorded shall not exceed $10 for
the recording of the first page and $3 for each additional
page, to reimburse the county for actual costs of services
rendered with the ability to charge additional fees as
specified.
Existing law provides whenever an instrument, paper, or
notice is recorded which contains references to more tan
one previously recorded document and which requires
additional indexing by the county recorder to give notice
by law, an additional fee of $1 shall be charged for each
reference to a previously recorded document, other than the
first such reference, requiring additional indexing.
(Government Code Section 27361.2.)
This bill provides that the fee for the above shall be an
amount which will reimburse the county for actual costs of
services rendered.
Existing law provides that whenever an instrument, paper or
notice is recorded which requires additional indexing by
the county recover to give notice required by law and does
not refer to a previously recorded document by reference,
as covered in Section 27361.2, an additional fee of $1
shall be charged for each group of 10 names or factional
portion thereof after the initial group of 10 names.
(Government Code Section 27361.8.)
This bill provides that the fee for the above shall be an
amount which will reimburse the county for the actual costs
of services rendered.
Existing law provides that notwithstanding any other
provision of law that prescribes an amount or otherwise
limits the amount of a fee or charge that may be levied by
a county, a county service area, or a county waterworks
district governed by a county board of supervisors, a
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county board of supervisors shall have the authority to
increase or decrease the fee or charge, that is otherwise
authorized to be levied by another provision of law, in the
amount reasonably necessary to recover the cost of
providing any product or service or the cost of enforcing
any regulation for which the fee or charge is levied. The
fee or charge may reflect the average cost of providing any
product or service or enforcing any regulation. If any
person disputes whether a fee or charge levied is
reasonable; the board of supervisors may request the county
auditor to conduct a study and determine whether the fee or
charge is reasonable. This does not apply to any fee
charged or collected by a county recorder or local
registrar for filing, recording or indexing any document,
performing any service, issuing any certificate or
providing any copy of a document pursuant to a number of
specified sections including Code of Civil Procedure
Section 2103 and Government Code Sections 27361, 27361.2,
27361.3, 27361.4, and 27361.8. (Government Code Section
54985.)
This bill deletes the references to the Code of Civil
Procedure and Government Code sections listed above and
thus provides that the process for charging fees under
Government Code Section 54985(a) would apply to those
sections.
Existing law provides that every defendant shall be
assessed a registration fee not to exceed $25 when
represented by appointed counsel. Notwithstanding this
subdivision, no fee shall be required of any defendant
financially unable to pay the fee. (Penal Code Section
987.5.)
This bill provides that the registration fee assessed shall
be $50.
Existing law provides that if the court orders restitution
made to the victim, the board of supervisors may add a fee
to cover the actual administrative cost of collecting
restitution, but not to exceed 10% of the total amount
ordered to be paid. The fees shall be paid into the
general fund of the county treasury for the use and benefit
of the county. (Penal Code Section 1203.1.)
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This bill provides that the fee to cover the administrative
costs of collecting restitution shall not exceed 15% of the
total amount ordered to be paid.
Existing law provides that in any case in which a defendant
is convicted of an offense that is the subject of any
preplea or presentence investigation and report, whether or
not probation supervision is ordered by the court, and in
any case in which a defendant is granted probation or given
a conditional sentence, the probation officer, taking into
account any amount that the defendant is ordered to pay in
fines, assessments, and restitution, shall make a
determination of the ability of the defendant to pay all or
a portion of the reasonable cost of any probation
supervision or a conditional sentence, of conducting any
preplea investigation and preparing of any preplea report,
of conducting any presentence investigation and preparing
any presentence report and of processing a jurisdictional
transfer or of processing a request for interstate compact
supervision whichever applies. A payment schedule for the
fees shall be developed. (Penal Code Section 12031b(a).)
Existing law provides that the board of supervisors in any
county, by resolution, may establish a fee for the
processing of payments made in installments to the
probation department pursuant to this section, not to
exceed the administrative and clerical costs of the
collection of those installment payments as determined by
the board of supervisors except that the fee shall not
exceed $50. (Penal Code Section 1203.1b(a).)
This bill removes the limitation on the amount of the fee
that may be charged for accepting probation fees in
installments.
Existing law provides for a process for a defendant who has
completed his or her term of probation to petition the
court for a change of plea. A person who petitions for a
change of plea or setting aside of a verdict may be
required to reimburse the court for the actual costs of
services rendered, whether or not the petition is granted
and the records are sealed or expunged, at a rate to be
determined by the court not to exceed $120, and to
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reimburse the county for the actual costs at a rate to be
determined by the board of supervisors not to exceed $120
and to reimburse the city for the actual costs of services
rendered at a rate to be determined by the city council not
to exceed $120. (Penal Code Section 1203.4.)
This bill removes the maximum the court, county or city may
charge for reimbursement of actual costs of services for a
change of plea for setting aside the verdict.
Existing law provides for a process for a person who was
convicted of a misdemeanor when he or she was under 18
years of age at the time of the offense to apply to have
the records of the conviction sealed. The law further
provides that a person who petitions for an order sealing
his or her record may be required to reimburse the court
for the actual cost of services rendered, whether or not
the petition is granted and the records are sealed or
expunged, at a rate to be determined by the court not to
exceed $120, and to reimburse the county for the actual
costs of services rendered, at a rate to be determined by
the county board of supervisors not to exceed $120, and to
reimburse any city for the actual cost of services
rendered, at a rate to be determined by the city council
not to exceed $120. (Penal Code Section 1203.45.)
This bill removes the maximum the court, country or city
may charge for reimbursement of actual costs of services
for a change of plea for the sealing of juvenile records.
Existing law provides for a process for a person to satisfy
a fine by imprisonment at a rate of not more than one day
for each $30 of the fine ordered. A person convicted of a
misdemeanor may also pay the fine in specified
installments. A defendant shall pay to the clerk of the
court or the collection agency a fee for processing of
installment accounts. This fee shall equal the
administrative and clerical costs, as determined by the
board of supervisors, except that the fee shall not exceed
$35. (Penal Code Section 1205.)
This bill removes the maximum fee that may be charged for
paying a fine in installments.
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Existing law provides for the regulation of the release of
local criminal history information. The law further
provides that a local agency taking fingerprints of a
person who is an applicant for licensing, employment or
certification may charge a fee not to exceed $10 to cover
the cost of taking the fingerprints and processing the
required documents. (Penal Code Section 13300.)
This bill removes the maximum fee for taking fingerprints
and processing the required documents.
Existing law provides that the father, mother, spouse or
other person liable for the support of a minor shall be
liable for the reasonable costs of support of the minor
while the minor is placed, or detained in or committed to
any institution because of delinquency or truancy shall be
liable for the reasonable cost of support while the minor
is placed. In evaluating a family's financial ability pay,
the county shall take into consideration the family's
income. Costs of support means only actual costs incurred
by the county for food and food preparation, clothing,
personal supplies and medical expenses, not to exceed a
combined maximum of costs of $125 per day except that the
maximum cost of $15 per day shall be adjusted every third
year beginning January 1, 1998 to reflect the percentage of
change in the calendar year annual average of the
California Consumer Price Index, All Urban Consumers,
published by the Department of Industrial Relations, for
the three-year period. (Welfare and Institutions Code
Section 903.)
This bill provides that the combined maximum of costs shall
be $45 per day adjusted every third year.
Existing law provides that the father, mother, spouse, or
other person liable for the support of a minor person, the
person himself or herself if he or she is an adult shall
unless indigent, be liable for the cost to the county and
court for any investigation related to the sealing and for
the sealing of any juvenile court or arrest records. The
liability of those persons and estates shall be a joint and
several liability. In the event a petition is filed for an
order sealing a record, the father, mother, spouse, or
other person liable for support of a minor, that person if
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he or she is an adult, may be required to reimburse the
county and court for the actual costs of services rendered,
whether or not the petition is granted and the records are
sealed or expunged, at a rate to be determined by the
county board of supervisors for the county and by the court
for the court, not to exceed $120. The court may order
reimbursement in any case in which the petitioner appears
to have the ability to pay, without undue hardship, all or
any portion of the costs for services. (Welfare and
Institutions Code Section 903.3.)
This bill deletes the maximum that can be charged for the
reimbursement.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 5/12/09)
Yolo County (source)
California Association of Clerks and Election Officials
California State Association of Counties
Chief Probation Officers of California
Contra Costa County
Humboldt County Board of Supervisors
Sacramento County Deputy Sheriffs' Association
Santa Clara County
ARGUMENTS IN SUPPORT : According to the author's office,
"Government Code Section 54986 describes the procedures
that counties must follow to change fees otherwise
authorized by law. If state law does not prescribe an
amount or otherwise limit a fee, GC Section 54985 allows a
board of supervisors to 'increase or decrease a fee or
charge?in the amount reasonably necessary to recover the
cost' of providing a good or service or enforcing a
regulation. GC Section 5498 also excludes a large number
of fees from this provision. These fees are set by the
state and include, among others, civil fees, county
recorder fees and all fees charged by agricultural
commissioners.
"The fees by state law, including vital records fees,
recording fees and civil fees charge by the sheriff's
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department, appear to be the most inflexible and costly for
counties. Many county fees set by the state do not cover
the cost of providing the service. The process to increase
these fees is cumbersome and the Legislature does not
regularly review these fees to address changes in cost.
Some have not been updated in 20-30 years. Some of these
fees predate the reimbursable mandate provisions and thus
are not eligible for state reimbursement.
"When a fee based service does not recover sufficient funds
to cover the cost of providing the service, the difference
comes out the county's general fund. The cost of these
services is supposed to be borne by only those using the
services, but ends up being subsidized by all taxpayers -
including those who never use a particular service. This
in turn puts pressure on other services that are funded by
the county general fund, such as indigent health care,
libraries, and law enforcement."
RJG:cm 5/22/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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