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SB-355 Court fees and costs: waiver.(2021-2022)

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Date Published: 07/01/2021 09:00 PM
SB355:v94#DOCUMENT

Revised  July 07, 2021
Amended  IN  Assembly  July 01, 2021
Amended  IN  Assembly  June 29, 2021
Amended  IN  Senate  May 20, 2021
Amended  IN  Senate  March 17, 2021
Amended  IN  Senate  March 05, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 355


Introduced by Senator Becker
(Principal coauthor: Assembly Member Kalra)
(Coauthor: Senator Wiener)
(Coauthor: Assembly Member Berman)(Coauthors: Assembly Members Berman and Gabriel)

February 09, 2021


An act to amend Section 68632 of the Government Code, relating to courts.


LEGISLATIVE COUNSEL'S DIGEST


SB 355, as amended, Becker. Court fees and costs: waiver.
Existing law requires the court to grant a fee waiver to an applicant at any stage of the proceedings at both the appellate and trial court levels if the applicant meets specified standards of eligibility and application requirements, including a person who is receiving certain public benefits, such as Supplemental Security Income or Medi-Cal, or who has a monthly income of 125% or less of the current poverty guidelines, as specified. An initial fee waiver excuses the applicant from paying, among other fees and costs, fees for the first pleading and other court fees and costs as specified in rules adopted by the Judicial Council. Existing law requires an applicant for a fee waiver to complete, under penalty of perjury, a Judicial Council application form containing specified information.
This bill would additionally require a court to grant a fee waiver to an applicant who receives benefits under the California Special Supplemental Nutrition Program for Women, Infants, and Children (WIC Program), or who receives unemployment compensation. The bill would eliminate the fee waiver for a person who has a monthly income of 125% or less of the current poverty guidelines, and instead would grant a fee waiver for an applicant who is a member of a low-income family, as defined, for the county that has the highest low-income limit in the state. The bill would require the Judicial Council to annually publish a table establishing the threshold monthly household income for this income-based fee waiver.
By requiring an applicant who is requesting a fee waiver based on receiving WIC Program benefits or unemployment to complete, under penalty of perjury, a Judicial Council application form and a financial statement, this bill would expand the crime of perjury and impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) An estimated 13 million, or one in three, Californians are considered low-income and rely on Medi-Cal for health coverage.
(b) United States census data shows that a majority of California tenant households qualified as “rent-burdened,” meaning that 30 percent or more of their income was used to pay rent. Over one-quarter of California tenant households were “severely rent-burdened,” meaning that they were spending over one-half of their income on rent alone.
(c) Prior to the COVID-19 global pandemic, in February 2020, California’s unemployment rate was estimated at 3.9 percent. The unemployment rate reached an unprecedented rate of 15.5 percent in April 2020 after the beginning of the COVID-19 global pandemic.
(d) On March 4, 2020, Governor Gavin Newsom proclaimed a state of emergency in response to the COVID-19 pandemic. Measures necessary to contain the spread of COVID-19 have brought about widespread economic and societal disruption, placing the state in unprecedented circumstances.
(e) There are strong indications that low-income Californians will go into debt and face legal action due to their inability to pay those debts.
(f) It is the intent of the Legislature in enacting this legislation to relieve low-income Californians from bearing the cost of high filing fees to respond to or initiate court filings.

SEC. 2.

 Section 68632 of the Government Code is amended to read:

68632.
 Permission to proceed without paying court fees and costs because of an applicant’s financial condition shall be granted initially to all of the following persons:
(a) An applicant who is receiving public benefits under one or more of the following programs:
(1) Supplemental Security Income (SSI) and State Supplementary Payment (SSP) (Article 5 (commencing with Section 12200) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code).
(2) California Work Opportunity and Responsibility to Kids Act (CalWORKs) (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code) or a federal Tribal Temporary Assistance for Needy Families (Tribal TANF) grant program (Section 10553.25 of the Welfare and Institutions Code).
(3) Supplemental Nutrition Assistance Program (SNAP) (Chapter 51 (commencing with Section 2011) of Title 7 of the United States Code) or the California Food Assistance Program (CalFresh) (Chapter 10.1 (commencing with Section 18930) of Part 6 of Division 9 of the Welfare and Institutions Code).
(4) County Relief, General Relief (GR), or General Assistance (GA) (Part 5 (commencing with Section 17000) of Division 9 of the Welfare and Institutions Code).
(5) Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (CAPI) (Chapter 10.3 (commencing with Section 18937) of Part 6 of Division 9 of the Welfare and Institutions Code).
(6) In-Home Supportive Services (IHSS) (Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code).
(7) Medi-Cal (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code).
(8) California Special Supplemental Nutrition Program for Women, Infants, and Children (WIC Program) (Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code).
(9) Unemployment compensation (Chapter 5 (commencing with Section 1251) of Part 1 of Division 1 of the Unemployment Insurance Code).
(b) (1) An applicant who is a member of a low-income family as that phrase is defined in Section 1437a(b)(2)(A) of Title 42 of the United States Code, or any successor statute or successor regulation that defines low-income family, for the county that has the highest low-income limit in the state. Low-income limits for the state shall be based on the most recent available data published by the Department of Housing and Community Development pursuant to Section 6932 of Title 25 of the California Code of Regulations. Regulations or successor regulation thereto.
(2) The Judicial Council shall annually publish a table establishing the threshold monthly household income for a fee waiver pursuant to paragraph (1) that is adjusted for household family size to be used with form FW-001.
(c) An applicant who, as individually determined by the court, cannot pay court fees without using moneys that normally would pay for the common necessaries of life for the applicant and the applicant’s family. Only if a trial court finds that an applicant under this subdivision can pay a portion of court fees, or can pay court fees over a period of time, or under some other equitable arrangement, without using moneys that normally would pay for the common necessaries of life for the applicant and the applicant’s family, the court may grant a partial initial fee waiver using the notice and hearing procedures set forth in paragraph (5) of subdivision (e) of Section 68634. “Common necessaries of life,” as used in this article, shall be interpreted consistently with the use of that term in paragraph (1) of subdivision (c) of Section 706.051 of the Code of Civil Procedure, as that paragraph read prior to January 1, 2012.
(d) A person who files a petition for appointment of a fiduciary in a guardianship or conservatorship, or files pleadings as the appointed fiduciary of a conservatee or ward, when the financial condition of the conservatee or ward meets the standards for a fee waiver pursuant to subdivision (a), (b), or (c).

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
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REVISIONS:
Heading—Lines 2 and 3.
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