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SB-857 Courts.(2009-2010)

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SB857:v96#DOCUMENT

Senate Bill No. 857

CHAPTER 720

An act to amend, repeal, and add Section 6322.1 of the Business and Professions Code, to add and repeal Section 367.6 of the Code of Civil Procedure, to amend Sections 12419.10, 25257, 25258, 25259, 70372, 76000, and 77206 of, to amend and repeal Section 70602 of, to amend, repeal, and add Sections 70603 and 70617 of, to add Sections 25259.7, 25259.8, 25259.9, 25259.95, 68106, and 72010 to, and to add and repeal Sections 68526, 70371.9, 70602.5, and 76000.3 of, and to add, repeal, and add Section 72011 to, the Government Code, to amend Sections 1214 and 1463.02 of, and to amend, repeal, and add Sections 1463.007 and 1465.8 of, the Penal Code, and to amend Sections 40510.5 and 42007 of, and to add Section 42008.7 to, the Vehicle Code, relating to courts, and declaring the urgency thereof, to take effect immediately.

[ Approved by Governor October 19, 2010. Filed with Secretary of State October 19, 2010. ]

LEGISLATIVE COUNSEL'S DIGEST

SB 857, Committee on Budget and Fiscal Review. Courts.

(1) Existing law specifies uniform fees for filing first papers in connection with specified civil proceedings, and states the intent of the Legislature to establish a moratorium on increases in filing fees until January 1, 2012.

This bill would extend that moratorium until July 1, 2013, but would impose a supplemental fee for filing first papers, until that date, subject to reduction if the amount of the General Fund appropriation to the Trial Court Trust Fund is decreased from the amount appropriated in the 2010–11 fiscal year. The supplemental fees collected pursuant to these provisions would be deposited into the Trial Court Trust Fund. The bill would make other conforming changes.

(2) Existing law specifies various uniform fees for filing specified documents in connection with certain civil proceedings. The fee for filing a motion for summary judgment or summary adjudication of issues is $200, and the fee for filing in the superior court an application to appear as counsel pro hac vice is $250. Existing law provides that the entire fee collected for the pro hac vice application shall be transmitted to the state for deposit into the Immediate and Critical Needs Account of the State Court Facilities Construction Fund.

This bill, until July 1, 2013, would increase each of those fees to $500, and would provide for ¹/₂ of the pro hac vice application fee to be transmitted to the state for deposit into the Trial Court Trust Fund. Until July 1, 2013, the bill also would require an attorney whose application to appear as counsel pro hac vice has been granted to pay an annual renewal fee of $500 for each year that the attorney maintains pro hac vice status in the case in which the application was granted. The entire renewal fee would be transmitted to the state for deposit into the Trial Court Trust Fund.

(3) Existing law requires an added state court construction penalty of $4.50 to be included in the total penalty, fine, or forfeiture, of every parking offense for which a penalty, fine, or forfeiture is imposed. Existing law requires those collected penalty payments to be deposited monthly with the county treasurer who in turn transmits those moneys to the Controller, as specified.

This bill would specify that in the event those payments were deposited in a local courthouse construction fund and expended pursuant to a specified provision, the county or processing agency would not be liable for the failure to transmit that penalty to the Controller during the 2008 calendar year.

The bill also would require the Judicial Council to conduct a pilot program until July 1, 2013, to assess the benefits and impacts of requiring all subcontractors with bids in excess of $500,000 to pay for employee health expenses for construction field employees working in California, and giving quality points to a proposing construction manager at risk that pays for those employee health expenses, as specified. The bill would require the Administrative Office of the Courts to issue a report in connection with the pilot program on or before July 1, 2015.

(4) Existing law provides that, in all general civil cases, except as specified, a party that has provided notice may appear by telephone at specified conferences, hearings, and proceedings. Existing law establishes the Trial Court Trust Fund to fund trial court operations, as specified.

This bill would require the Judicial Council, on or before July 1, 2011, to establish statewide, uniform fees to be paid by a party for appearing by telephone, in addition to any other fees paid to vendors and courts, as specified. The bill would provide that, until July 1, 2013, if a vendor or court later receives a fee or a portion of a fee for appearance by telephone that was previously waived, that fee would be distributed, as specified. The bill would also require the Judicial Council, on or before July 1, 2011, and periodically thereafter as appropriate, to enter into one or more master agreements with a vendor or vendors to provide for telephone appearances in civil cases. The bill would limit the methods by which a court may make telephone appearances available to a party.

The bill, until July 1, 2013, would also require each vendor or court that provides for appearances by telephone to transmit $20, for each fee received for providing telephone appearance services, to the State Treasury for deposit in the Trial Court Trust Fund, except as specified. Until July 1, 2013, the bill would require that if the vendor or court receives a portion of the fee, as specified, the vendor or court shall transmit only the proportionate share of the amount, as specified. The bill would require vendors to transmit, as specified, an amount equal to the total amount of revenue received by all courts for providing appearances for the 2009–10 fiscal year. The bill would require that the $20 fee or the proportionate share collected in that quarter be transmitted within 15 days after the end of each calendar quarter. The bill would require the Judicial Council to allocate the amount collected for specified purposes.

The bill would also require trial courts to provide written notification to the public by conspicuous posting within or about its facilities, on its public Internet Web site, and to the Judicial Council not less than 60 days prior to closing any courtroom or closing or reducing the hours of clerks’ offices during regular business hours, as specified. The bill would require the Judicial Council, within 15 days of receiving notice from a trial court, to conspicuously post on its Internet Web site and provide the chairs and vice chairs of specified legislative committees a copy of the notice.

(5) Existing law authorizes any department, officer, or employee of a county or a judicial district in the county, charged by law with the collection of any county or district tax assessment, penalty, cost, license fees, or any judicial district fine, assessment, or penalty, or any money, which is due and payable to the county or district for any reason, to apply to the board of supervisors for a discharge from accountability for the collection thereof if the amount is too small to justify the cost of collection, the likelihood of collection does not warrant the expense involved, or the amount thereof has been otherwise lawfully compromised or adjusted.

This bill would additionally authorize any collection program that is operated by a court to apply to the presiding judge of the court, or another designated judge, for a similar discharge of accountability, as specified. The bill would authorize the Judicial Council, by rule of court, to establish the process by which applications would be submitted and reviewed or the standards for ordering a discharge. The bill would provide that responsibility for collection of court-ordered debt or bail be demonstrated by a written agreement between the county and the court. The bill would authorize the court to transfer responsibility for discharging court-ordered debt or bail to the county by written agreement, if the court is responsible for collecting court-ordered debt or bail.

(6) Existing law authorizes a county board of supervisors to make an order discharging a department, officer, or employee from further accountability and direct the county auditor to adjust any charge against the department, officer, or employee in a like amount. That discharge from accountability does not constitute a release of any person from liability for payment of any amount.

This bill would require the county, within 45 days after the end of the month in which any discharge from accountability is approved, to report to the superior court the discharge from accountability for any court-ordered debt or bail that the county would otherwise have been responsible for collecting. The bill would require the report to include the following for each debt discharged: the case number, whether the case is an infraction, misdemeanor, or felony, the amount of the debt discharged, and the number of years since the debt became delinquent.

(7) Existing law authorizes any county or court that implements a comprehensive program to identify and collect various delinquent fees and penalties to deduct and deposit in the county treasury or the trial court operations fund the cost of operating that program from any revenues collected prior to distributing the revenues to other governmental entities, as specified.

This bill, on and after July 1, 2012, would provide that once a debt becomes delinquent, as specified, it continues to be delinquent and may be subject to collection by a comprehensive collection program. The bill would also modify the meaning of a comprehensive collection program.

(8) Existing law authorizes the clerk of the court to accept a payment and forfeiture of at least 25% of the total bail amount for each infraction violation of the Vehicle Code prior to the date on which the defendant promised to appear, or prior to the expiration of any lawful continuance of that date, or upon receipt of information that an action has been filed and prior to the scheduled court date, if specified circumstances exist. Those circumstances include that the charge is of a nonparking infraction.

This bill would instead authorize the clerk of the court to accept a payment and forfeiture of at least 10% of the total bail amount. The bill would extend that authorization for any infraction violation of the Vehicle Code.

(9) Existing law requires the clerk of the court to accept from a person ordered or permitted to attend a traffic violator school a payment of at least 25% of a specified fee upon filing a written agreement by the defendant to pay the remainder of the fee according to an installment payment schedule of no more than 90 days as agreed upon with the court. When a defendant fails to make an installment payment of the fee according to an installment agreement, the court may convert the fee to bail, declare it forfeited, and report the forfeiture as a conviction, as specified.

This bill will instead authorize the clerk of the court to accept a payment of at least 10% of the fee. The bill would specify that for the purposes of reporting a conviction pursuant to that provision, the date that the court declares the bail forfeited would be reported as the date of conviction.

The bill would also establish a one-time amnesty program for fines and bail meeting certain requirements to accept, in full satisfaction of any eligible fine or bail, 50% of the fine or bail amount, between January 1, 2012, and June 30, 2012. The bill would also require the Judicial Council to adopt guidelines for the amnesty program no later than November 1, 2011. The bill would require the Judicial Council to submit a report to the Legislature on or before December 31, 2012, summarizing the information provided by each court or county.

(10) Existing law requires a levy in each county of an additional penalty in the amount of $7 for every $10, or part of $10, upon every fine, penalty, or forfeiture imposed and collected by the courts for all criminal offenses, including all offenses involving a violation of the Vehicle Code or any local ordinance adopted pursuant to the Vehicle Code. Existing law reduces that $7 additional penalty in each county by the additional penalty amount assessed by the county for the local courthouse construction fund, as specified.

This bill would modify the additional penalty assessed by certain counties, as specified.

(11) Existing law requires the Controller, to the extent feasible, to offset any amount overdue and unpaid for a fine, penalty, assessment, bail, vehicle parking penalty, or court-ordered reimbursement for court-related services, from a person or entity, against any amount owing the person or entity by a state agency on a claim for a refund from the Franchise Tax Board under the Personal Income Tax Law or the Bank and Corporation Tax Law, or from winnings in the California State Lottery.

This bill would additionally require an offset against a cash payment of a claim for unclaimed property held by the state.

(12) Existing law requires that a fee of $30 be imposed on every conviction for a criminal offense, including traffic offenses, to ensure and maintain adequate funding for court security. Existing law requires the court fee to be reduced to $20 on July 1, 2011.

This bill would instead raise the court fee to $40 until July 1, 2011, at which time the court fee would be reduced to $30, and on July 1, 2013, the court fee would be further reduced to $20.

(13) Existing law requires the Judicial Council, on or after July 1, 2009, to establish a task force to evaluate criminal and traffic-related court-ordered debts imposed against adult and juvenile offenders. Among other things, the task force would be required to make recommendations to the Judicial Council no later than June 30, 2010, regarding the priority in which court-ordered debts should be satisfied.

This bill would require the Judicial Council to establish that task force before June 30, 2011, and would add as members of the task force a county public defender and a city attorney appointed by the Speaker of the Assembly and a defense attorney in private practice and a district attorney appointed by the Senate Committee on Rules. The bill would also require the task force to make those recommendations to the Judicial Council and the Legislature no later than June 30, 2011.

(14) Existing law authorizes the Judicial Council to regulate the budget and fiscal management of the trial courts, and requires the Judicial Council to adopt regulations for recordkeeping and accounting by the courts ensuring that all revenues and expenditures relating to court operations are known. At the request of the Legislature, the Controller may perform and publish financial and fiscal compliance audits of the reports of court revenues and expenditures. The Controller is required to report the results of these audits to the Legislature and the Judicial Council, and the Judicial Council or its representative may perform audits and reviews of all court financial records wherever they may be located.

This bill would, instead, authorize the Judicial Council or its representatives to inspect, review, and perform comprehensive oversight and analysis of court financial records wherever they may be located, and to investigate allegations of financial impropriety or mismanagement. The bill also would require a specified auditing entity, not earlier than July 1, 2011, and not later than December 15, 2012, to establish a pilot program to audit 6 trial courts, as specified, and, on or before December 15, 2013, to commence an audit of the trial courts, including a review of all funds within the trial court’s administration or control. The bill would require the audit of each trial court at least once every 4 years. The bill would require the auditing entity to compile the trial court audit findings and report the results of these audits to the Legislature, the Judicial Council, and the Department of Finance no later than April 1 of each year. The bill would provide that the audit be paid for from funds of the local trial court being audited.

This bill also would require the auditing entity, as specified, on or before December 15, 2013, and biennially thereafter, to perform an audit of the Administrative Office of the Courts, including a review of all funds under the administration, jurisdiction, or control of the Administrative Office of the Courts. The bill would require the auditing entity to provide a copy of the final audit report to the Legislature, the Judicial Council, and the Department of Finance upon issuance.

The bill would also require the Judicial Council to conduct an analysis of the cost incurred by trial courts related to the default prove up process, as defined, and report on the different methods trial courts use in processing filings related to the default prove up process as well as the revenue generated by these filings. The bill would require the Judicial Council to provide its report to the Assembly Committee on Budget and the Senate Committee on Budget and Fiscal Review by June 30, 2012. The bill would require the Legislative Analyst’s Office to review that report, consult with stakeholders, consider the best practices of other states, and make any recommendations to increase efficiency, streamline the processes and turnaround times for filing documents related to the default prove up process, and assess whether any changes should be made to the fee structure for filings related to the process. The bill would require the Legislative Analyst’s Office to provide its recommendations to the Assembly Committee on Budget and the Senate Committee on Budget and Fiscal Review by September 30, 2011.

(15) Existing law establishes the Trial Court Trust Fund for services provided to the court or courts by the Administrative Office of the Courts or payment for services or property of any kind contracted for by the court or courts or on behalf of the courts by the Administrative Office of the Courts.

This bill would provide, commencing 60 days after the enactment of the Budget Act of 2010, and until July 1, 2013, that for each parking offense where a parking penalty, fine, or forfeiture is imposed, an added penalty of $3 shall be included in the total penalty, fine, or forfeiture, as specified. The bill would require the county treasurer to transmit the penalty to the Treasurer for deposit in the Trial Court Trust Fund, as specified.

Because the bill would increase the duties of county employees, the bill would 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

(16) This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YES

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

SECTION 1.

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 forty-four dollars ($44) to one hundred eighty-one dollars ($181) 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-one dollars ($181), 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.

(f) This section shall become inoperative on July 1, 2013, and, as of January 1, 2014, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2014, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 2.

Section 6322.1 is added to the Business and Professions Code, to read:

6322.1.

(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-one dollars ($181) 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.

(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.

(f) This section shall become operative on July 1, 2013.

SEC. 3.

Section 367.6 is added to the Code of Civil Procedure, to read:

367.6.

(a) On or before July 1, 2011, the Judicial Council shall establish statewide, uniform fees to be paid by a party for appearing by telephone, which shall supersede any fees paid to vendors and courts under existing agreements and procedures. The fees to be paid for telephone appearances shall include:

(1) A fee for providing the telephone appearance service pursuant to a timely request to the vendor or court.

(2) An additional fee for providing services if the request is made shortly before the hearing, as defined by the Judicial Council.

(3) A fee for canceling a telephone appearance request.

(1) The vendor or court that provides the telephone appearance service shall have a lien, as provided by rule of court, on any judgment, including a judgment for costs, that the party may receive, in the amount of the fee that the party would have paid for the telephone appearance.

(2) If the vendor or court later receives a fee or a portion of a fee for appearance by telephone that was previously waived, that fee shall be distributed consistent with Section 72011 of the Government Code.

(d) This section shall become inoperative on July 1, 2013, and, as of January 1, 2014, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2014, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 4.

Section 367.6 is added to the Code of Civil Procedure, to read:

367.6.

(1) A fee for providing the telephone appearance service pursuant to a timely request to the vendor or court.

(2) An additional fee for providing services if the request is made shortly before the hearing, as defined by the Judicial Council.

(3) A fee for canceling a telephone appearance request.

(b) If a party has received a waiver of fees pursuant to Article 6 (commencing with Section 68630) of Chapter 2 of Title 8 of the Government Code, neither a vendor nor a court shall charge that party any of the fees authorized by this section, however, the vendor or court that provides the telephone appearance service shall have a lien, as provided by rule of court, on any judgment, including a judgment for costs, that the party may receive, in the amount of the fee that the party would have paid for the telephone appearance.

(d) This section shall become operative on July 1, 2013.

SEC. 5.

Section 12419.10 of the Government Code is amended to read:

12419.10.

(a) (1) The Controller shall, to the extent feasible, offset any amount overdue and unpaid for a fine, penalty, assessment, bail, vehicle parking penalty, or court-ordered reimbursement for court-related services, from a person or entity, against any amount owing the person or entity by a state agency on a claim for a refund from the Franchise Tax Board under the Personal Income Tax Law or the Bank and Corporation Tax Law, from winnings in the California State Lottery, or a cash payment of a claim for unclaimed property held by the state. Standards and procedures for submission of requests for offsets shall be as prescribed by the Controller. Whenever insufficient funds are available to satisfy an offset request, the Controller, after first applying the amounts available to any amount due a state agency, may allocate the balance among any other requests for offset.

(2) Any request for an offset for a vehicle parking penalty shall be submitted within three years of the date the penalty was incurred. This three year maximum term for refund offsets for parking tickets applies to requests submitted to the Controller on or after January 1, 2004.

(b) Once an offset request for a vehicle parking penalty is made, a local agency may not accrue additional interest charges, collection charges, penalties, or other charges on or after the date that the offset request is made. Payment of an offset request for a vehicle parking penalty shall be made on the condition that it constitutes full and final payment of that offset.

(c) The Controller shall deduct and retain from any amount offset in favor of a city or county an amount sufficient to reimburse the Controller, the Franchise Tax Board, the California State Lottery, and the Department of Motor Vehicles for their administrative costs of processing the offset payment.

(d) Notwithstanding Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1, or any other provision of law, the social security number of any person obtained pursuant to Section 4150, 4150.2, or 12800 of the Vehicle Code is not a public record and shall only be provided by the Department of Motor Vehicles to an authorized agency for the sole purpose of making an offset pursuant to this section for any unpaid vehicle parking penalty or any unpaid fine, penalty, assessment, or bail of which the Department of Motor Vehicles has been notified pursuant to subdivision (a) of Section 40509 of the Vehicle Code or Section 1803 of the Vehicle Code, responding to information requests from the Franchise Tax Board for the purpose of tax administration, and responding to requests for information from an agency, operating pursuant to and carrying out the provisions of, Part A (Aid to Families with Dependent Children), or Part D (Child Support and Establishment of Paternity) of Subchapter IV of Chapter 7 of Title 42 of the United States Code. As used in this section, “authorized agency” means the Controller, the Franchise Tax Board, or the California Lottery Commission.

SEC. 6.

Section 25257 of the Government Code is amended to read:

25257.

(a) Any department, officer, or employee of a county charged by law with the collection of any county or district tax assessment, penalty, cost, license fees, or any money, which is due and payable to the county or district for any reason, may apply to the board of supervisors for a discharge from accountability for the collection thereof if the amount is too small to justify the cost of collection, the likelihood of collection does not warrant the expense involved, or the amount thereof has been otherwise lawfully compromised or adjusted.

(b) Any collection program that is operated by a county may apply to the board of supervisors for a discharge from accountability for the court-ordered debt or bail that it would otherwise be responsible for collecting, if the amount is too small to justify the cost of collection or the likelihood of collection does not warrant the expense involved. Responsibility for collection of court-ordered debt or bail shall be demonstrated by a written agreement between the county and the court. If the court is responsible for collecting court-ordered debt or bail, the court may transfer responsibility for discharging court-ordered debt or bail to the county by written agreement.

SEC. 7.

Section 25258 of the Government Code is amended to read:

25258.

The application for a discharge from accountability under Section 25257 shall include:

(a) The amount owing.

(b) Except where disclosure of such information is prohibited by state or federal law, the names of the assessees or persons liable and the amounts owed by each, which may be by reference to specific documents incorporated thereby in the application.

(c) The estimated cost of collection, or a statement that the likelihood of collection does not warrant the expense involved, or a specific reference to the official records establishing that the amount owed has been compromised or adjusted. If requested by the board of supervisors, the applicant shall furnish such additional information as the board deems necessary to determine that the request for discharge is justified.

(d) Any other fact warranting the discharge, except where the board of supervisors determines that the circumstances do not warrant the furnishing of detailed information.

(e) A verification by the applicant that the facts stated in the application are true and correct, which may be made on information and belief.

SEC. 8.

Section 25259 of the Government Code is amended to read:

25259.

The board of supervisors may make an order discharging the department, officer, or employee from further accountability and direct the county auditor to adjust any charge against the department, officer, or employee in a like amount. The discharge from accountability does not constitute a release of any person from liability for payment of any amount. Within 45 days after the end of the month in which any discharge from accountability is approved, the county shall report to the superior court the discharge from accountability for any court-ordered debt or bail that the county would otherwise have been responsible for collecting. The report shall include the following for each debt discharged: the case number; whether the case is an infraction, misdemeanor, or felony; the amount of the debt discharged; and the number of years since the debt became delinquent.

SEC. 9.

Section 25259.7 is added to the Government Code, to read:

25259.7.

Any collection program that is operated by a court may apply to the presiding judge of the court for a discharge from accountability for any court-ordered debt or bail that it would otherwise be responsible for collecting, if the amount is too small to justify the cost of collection or the likelihood of collection does not warrant the expense involved. Responsibility for collection of court-ordered debt or bail shall be demonstrated by a written agreement between the county and the court. If the county is responsible for collecting court-ordered debt or bail, the county may transfer responsibility for discharging court-ordered debt or bail to the court by written agreement.

SEC. 10.

Section 25259.8 is added to the Government Code, to read:

25259.8.

(a) The application for a discharge from accountability under Section 25259.7 shall include the following:

(1) The amount owing.

(2) The names of the persons liable and the amounts owed by each, which may be by reference to specific documents incorporated in the application, except where disclosure of that information is prohibited by state or federal law.

(3) The estimated cost of collection, or a statement that the likelihood of collection does not warrant the expense involved. If requested by the presiding judge, the applicant shall furnish the additional information as deemed necessary to determine that the request for discharge is justified.

(4) Any other fact warranting the discharge, except where the presiding judge determines that the circumstances do not warrant the furnishing of detailed information.

(5) A verification that the facts stated in the application are true and correct, which may be made on information and belief.

(b) The Judicial Council, by rule of court, may require that additional information be included in the application.

SEC. 11.

Section 25259.9 is added to the Government Code, to read:

25259.9.

(a) The presiding judge may make an order discharging the collection program from further accountability. The order shall have the same effect as a discharge from accountability under Section 25259, which relieves the applicant from any further responsibility for collecting the discharged debt, and does not constitute a release of any person from liability for payment of any amount. Upon making an order of discharge, the presiding judge shall direct the clerk of court to enter record of the discharge in the court case file for each debt and to post a copy of the order of discharge on the court’s Internet Web site for a period of not less than three weeks.

(b) Within 45 days after the end of the month in which any discharge from accountability is approved, the court shall report to the county the discharge from accountability for any court-ordered debt or bail that the court would otherwise have been responsible for collecting. The report shall include for each debt discharged: the case number; whether the case is an infraction, misdemeanor, or felony; the amount of the debt discharged; and the number of years since the debt became delinquent.

(c) The Judicial Council, by rule of court, may establish the process by which applications under Section 25259.7 are submitted and reviewed or the standards for ordering a discharge.

SEC. 12.

Section 25259.95 is added to the Government Code, to read:

25259.95.

The presiding judge may authorize and designate another judge in the court to exercise the powers of the presiding judge set forth in Sections 25259.7, 25259.8, and 25259.9.

SEC. 13.

Section 68106 is added to the Government Code, to read:

68106.

(a) (1) In making appropriations for the support of the trial courts, the Legislature recognizes the importance of increased revenues from litigants and lawyers, including increased revenues from civil filing fees. It is therefore the intent of the Legislature that, to the extent practicable, access to court services for civil litigants be preserved in the allocation of resources by and for trial courts.

(2) Furthermore, it is the intent of the Legislature in enacting the Budget Act of 2010, which includes increases in civil and criminal court fees and penalties, that trial courts remain open to the public on all days except judicial holidays, Saturdays, and Sundays, and except as authorized pursuant to Section 68115.

(b) Trial courts shall provide written notification to the public by conspicuous posting within or about its facilities, on its public Internet Web site, and to the Judicial Council, not less than 60 days prior to closing any courtroom, or closing or reducing the hours of clerks’ offices during regular business hours on any day except judicial holidays, Saturdays, and Sundays, and except as authorized pursuant to Section 68115. The notification shall include the scope of the closure or reduction in hours, and the financial constraints or other reasons that make the closure or reduction necessary. Within 15 days of receipt of a notice from a trial court, the Judicial Council shall conspicuously post on its Internet Web site and provide the chairs and vice chairs of the Committees on Judiciary, the Chair of the Assembly Committee on Budget, and the Chair of the Senate Committee on Budget and Fiscal Review a copy of any notice received pursuant to this subdivision. The Legislature intends to review the information obtained pursuant to this section to ensure that California trial courts remain open and accessible to the public.

(c) Nothing in this section is intended to affect, limit, or otherwise interfere with regular court management decisionmaking, including calendar management and scheduling decisions.

SEC. 14.

Section 68526 is added to the Government Code, to read:

68526.

(a) The Judicial Council shall conduct an analysis of the cost incurred by trial courts related to the default prove up process and report on the different methods trial courts use in processing filings related to the default prove up process, as well as the revenue generated by these filings. The Judicial Council shall also compare the processes used by trial courts in filings related to the default prove up process to best practices used in other states, including, but not limited to, the use of electronic filing.

(b) The Legislative Analyst’s Office shall review the Judicial Council report, consult with stakeholders, consider the best practices of other states, and make any recommendations to increase efficiency, streamline the processes and turnaround times for filing documents related to the default prove up process, and assess whether any changes should be made to the fee structure for filings related to the process. In conducting its analysis, the Legislative Analyst’s Office shall consider, among other factors it deems relevant, whether electronic filing could be implemented as a tool to improve the efficiency and turnaround times of the default prove up process.

(c) The Judicial Council shall provide its report to the Assembly Committee on Budget, the Senate Committee on Budget and Fiscal Review, and the Legislative Analyst’s Office by September 30, 2011. The Legislative Analyst’s Office shall provide the Assembly Committee on Budget and the Senate Committee on Budget and Fiscal Review its recommendations no later than June 30, 2012.

(d) For the purposes of this section, the following definitions apply:

(1) “Collections case” means an action for recovery of money owed in a sum stated to be certain that is not more than twenty-five thousand dollars ($25,000), exclusive of interest and attorney’s fees, arising from a transaction in which property, services, or money were acquired on credit. “Collections case” does not include an action seeking tort damages, punitive damages, recovery of real property or personal property, a prejudgment writ of attachment, or any action filed pursuant to the Family Code.

(2) “Default prove up process” means a request for entry of default filed pursuant to Section 585 of the Code of Civil Procedure in a collections case.

(e) This section shall become inoperative on July 1, 2013, and, as of January 1, 2014, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2014, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 15.

Section 70371.9 is added to the Government Code, to read:

70371.9.

(a) The Judicial Council shall conduct a pilot program until July 1, 2013, to assess the benefits and impacts of both of the following:

(1) Requiring all subcontractors with bids in excess of five hundred thousand dollars ($500,000) to pay for employee health care expenditures for their construction field employees working in California.

(2) Giving two quality points out of 100 quality points to a proposing construction manager at risk that pays for employee health care expenditures for its construction field employees working in California.

(b) The Judicial Council shall, after consulting with applicable stakeholders, select three courthouse construction projects from those funded by the Immediate and Critical Needs Account established by Section 70371.5 to implement the pilot program, including one project with estimated construction costs in excess of two hundred million dollars ($200,000,000), one project with estimated construction costs between one hundred million dollars ($100,000,000) and two hundred million dollars ($200,000,000), and one project with estimated construction costs between seventy-five million dollars ($75,000,000) and one hundred million dollars ($100,000,000).

(c) The Administrative Office of Courts shall provide two quality points out of a total 100 quality points to construction managers at risk that submit proposals and certify that they are qualified.

(1) A proposer qualifies for the two quality points pursuant to this subdivision if, for the six-month period immediately preceding submission of the proposal, the proposer’s aggregate California employee health care expenditures were equal to at least 6.5 percent of that proposer’s aggregate California social security wages.

(2) A proposer shall receive two quality points by certifying that it qualifies for the two points on a form provided by the Administrative Office of the Courts.

(3) Any proposer that certifies that it qualifies for the two quality points shall provide to the Administrative Office of the Courts, upon request, sufficient records to show that the proposer is qualified. The failure to supply the records within a reasonable time, as specified by the Administrative Office of the Courts, may result in the proposer’s disqualification.

(d) (1) A subcontractor shall not be awarded a subcontract in excess of five hundred thousand dollars ($500,000) on a project under the pilot program unless, for the six-month period immediately preceding the effective date of the subcontract, the subcontractor’s aggregate California employee health care expenditures were equal to at least 6.5 percent of that subcontractor’s aggregate California social security wages. The Administrative Office of the Courts may waive this requirement if no economically feasible bid is received.

(2) Each subcontractor awarded a subcontract in excess of five hundred thousand dollars ($500,000) on a project under the pilot program shall submit to the construction manager at risk, prior to execution of its subcontract, a statement on a form provided by the Administrative Office of the Courts certifying that it has complied with the requirement in paragraph (1).

(3) A subcontractor awarded a subcontract in excess of five hundred thousand dollars ($500,000) on a project under the pilot program shall provide to the construction manager at risk, upon request, sufficient records to show that the proposer has complied with paragraph (1).

(e) In order to evaluate the benefits of this pilot program, including the potential improvement of health care coverage for construction field employees, potential savings to the State of California from not having to pay for health care for uninsured workers and their dependents, and other impacts, including potential increased project costs, the Administrative Office of the Courts shall collect and analyze data to assess the impact of subdivisions (b) and (c) and issue a report summarizing the data and analysis on or before July 1, 2015. The Administrative Office of the Courts may contract with third-party consultants in collecting and analyzing the data and preparing the report.

(f) For purposes of this section, the following terms have the following meanings:

(1) “Aggregate California employee health care expenditures” means all amounts paid by a proposer or subcontractor to its construction field employees in California or to a third party on behalf of a proposer’s or subcontractor’s construction field employees in California, for the purpose of providing health care services to the construction field employees or reimbursing the cost of those services for the construction field employees, including, but not limited to, all of the following:

(A) Contributions on behalf of employees to a health savings account, as defined under Section 223 of the Internal Revenue Code, or to any other account having substantially the same purpose or effect without regard to whether the contributions qualify for a tax deduction or are excludable from employee income.

(B) Reimbursement to employees for expenses incurred in the purchase of health care services.

(D) Payments pursuant to a collective bargaining agreement for the purpose of providing health care services for employees.

(E) Costs incurred in the direct delivery of health care services to employees.

(2) “Aggregate California social security wages” means the aggregate amount of wages paid to all of a proposer’s or subcontractor’s construction field employees in California, not including any wages that are above the federal social security contribution and benefit base, sometimes referred to as the social security wage base, for the year in which they are paid.

(3) “Construction field employees” means a proposer’s or subcontractor’s workers who perform construction labor at construction jobsites.

(4) “Health care services” means medical care, services, or goods that qualify as tax deductible medical care expenses under Section 213 of the Internal Revenue Code, or medical care, services, or goods having substantially the same purpose or effect as those deductible expenses.

(g) This section shall become inoperative on July 1, 2015, and, as of January 1, 2016, is repealed, unless a later enacted statute that is enacted before January 1, 2016, deletes or extend the dates on which it becomes operative and is repealed.

SEC. 16.

Section 70372 of the Government Code is amended to read:

70372.

(a) (1) Except as otherwise provided in subdivision (b) of Section 70375 and in this article, there shall be levied a state court construction penalty, in the amount of five dollars ($5) for every ten dollars ($10), or part of ten dollars ($10), upon every fine, penalty, or forfeiture imposed and collected by the courts for all criminal offenses, including, but not limited to, all offenses involving a violation of a section of the Fish and Game Code, the Health and Safety Code, or the Vehicle Code or any local ordinance adopted pursuant to the Vehicle Code. This penalty is in addition to any other state or local penalty, including, but not limited to, the penalty provided by Section 1464 of the Penal Code and Section 76000.

(2) The amount of the court construction penalty may be reduced by a county as provided in subdivision (b) of Section 70375.

(3) This construction penalty does not apply to the following:

(A) Any restitution fine.

(B) Any penalty authorized by Section 1464 of the Penal Code or Chapter 12 (commencing with Section 76000) of Title 8.

(C) Any parking offense subject to Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code.

(D) The state surcharge authorized by Section 1465.7 of the Penal Code.

(4) Any bail schedule adopted pursuant to Section 1269b of the Penal Code or adopted by the Judicial Council pursuant to Section 40310 of the Vehicle Code may include the necessary amount to pay the penalty established by this section, the penalties authorized by Section 1464 of the Penal Code and Chapter 12 (commencing with Section 76000) of Title 8, and the surcharge authorized by Section 1465.7 of the Penal Code for all matters where a personal appearance is not mandatory and the bail is posted primarily to guarantee payment of the fine. After a determination by the court of the amount due, the clerk of the court shall collect the penalty and transmit it immediately to the county treasury and the county treasurer shall transmit these sums as provided in subdivision (f).

(b) In addition to the penalty provided by subdivision (a), for every parking offense where a parking penalty, fine, or forfeiture is imposed, an added state court construction penalty of four dollars and fifty cents ($4.50) shall be included in the total penalty, fine, or forfeiture. These moneys shall be taken from fines and forfeitures deposited with the county treasurer prior to any division pursuant to Section 1462.3 or 1463.009 of the Penal Code. In those cities, districts, or other issuing agencies which elect to accept parking penalties, and otherwise process parking violations pursuant to Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code, that city, district, or issuing agency shall observe the increased bail amounts as established by the court reflecting the added penalty provided for by this subdivision. Each agency that elects to process parking violations shall pay to the county treasurer four dollars and fifty cents ($4.50) for the parking penalty imposed by this subdivision for each violation that is not filed in court. Those payments to the county treasurer shall be made monthly, and the county treasurer shall transmit these sums as provided in paragraph (2) of subdivision (f). In the event these payments were deposited in a local courthouse construction fund and expended pursuant to the provisions of Chapter 592 of the Statutes of 2003, no county or processing agency shall be liable for the failure to transmit the payments to the Controller during the 2008 calendar year.

(c) If multiple offenses are involved, the state court construction penalty under subdivision (a) shall be based upon the total fine or bail for each case. If a fine is suspended, in whole or in part, the state court construction penalty under subdivision (a) shall be reduced in proportion to the suspension.

(d) If any deposited bail is made for an offense to which this section applies, and for which a court appearance is not mandatory, the person making the deposit shall also deposit a sufficient amount to include the state court construction penalty prescribed by subdivision (a) for forfeited bail. If bail is returned, the state court construction penalty paid thereon pursuant to subdivision (a) shall also be returned.

(e) In any case where a person convicted of any offense, to which this section applies, is in prison until the fine is satisfied, the judge may waive all or any part of the state court construction penalty, the payment of which would work a hardship on the person convicted or his or her immediate family.

(f) (1) Within 45 days after the end of the month that moneys are deposited in the county treasury pursuant to subdivision (a), the county treasurer shall transmit the moneys to the Controller, to be deposited as follows:

(A) The total to be deposited pursuant to subdivision (a) shall be multiplied by a fraction as follows:

(i) The numerator is the amount imposed as of January 1, 1998, as an additional penalty on every ten dollars ($10), or part of ten dollars ($10), upon every fine, penalty, or forfeiture, if any, for deposit into the local courthouse construction fund in that county established pursuant to Sections 76000 and 76100. The numerator shall be expressed in whole dollars and fractions of a dollar.

(ii) The denominator is five dollars ($5).

(B) The resulting amount shall be deposited in the Immediate and Critical Needs Account of the State Court Facilities Construction Fund, established in Section 70371.5.

(2) Within 45 days after the end of the month that moneys are deposited in the county treasury pursuant to subdivision (b), the county treasurer shall transmit the moneys to the Controller to be deposited as follows: one-third of the total amount shall be deposited in the State Court Facilities Construction Fund and two-thirds of the total amount shall be deposited in the Immediate and Critical Needs Account of the State Court Facilities Construction Fund, established in Section 70371.5.

SEC. 17.

Section 70602 of the Government Code is amended to read:

70602.

(a) It is the intent of the Legislature to establish a moratorium on increases in filing fees until July 1, 2013. No filing fee provided for in this chapter may be changed before July 1, 2013, except as provided in Section 70602.5.

(b) This section shall become inoperative on July 1, 2013, and, as of January 1, 2014, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2014, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 18.

Section 70602.5 is added to the Government Code, to read:

70602.5.

(a) Notwithstanding any other law, due to the severity of the continuing economic crisis facing the State of California, it is the intent of the Legislature to supplement, until July 1, 2013, certain first paper filing fees as provided below:

(1) A supplemental fee of forty dollars ($40) shall be collected for filing any first paper subject to the uniform fee that is set at three hundred fifty-five dollars ($355) under Sections 70611, 70612, 70650, 70651, 70652, 70653, 70655, 70658, and 70670. The total fee collected under these sections, which includes the supplemental fee, shall be deposited and distributed as provided in Sections 68085.3 and 68086.1, as applicable.

(2) A supplemental fee of forty dollars ($40) shall be collected for filing any first paper subject to the uniform fee that is set at three hundred thirty dollars ($330) under Sections 70613, 70614, and 70621. The total fee collected under these sections, which includes the supplemental fee, shall be deposited and distributed as provided in Sections 68085.4 and 68086.1, as applicable.

(3) A supplemental fee of twenty dollars ($20) shall be collected for filing any first paper subject to the uniform fee that is set at two hundred five dollars ($205) under Sections 70613, 70614, 70621, 70654, and 70656 of this code, and Section 103470 of the Health and Safety Code. The total fee collected under these sections, which includes the supplemental fee, shall be deposited and distributed as provided in Section 68085.4.

(b) If the amount of the General Fund transfer to the Trial Court Trust Fund is decreased in excess of 10 percent from the amount appropriated in the 2010–11 fiscal year and is not offset by another source of noncourt fee revenue, then the amount of the supplemental fees provided in paragraphs (1), (2), and (3) of subdivision (a) shall be decreased proportionally. The Judicial Council shall adopt and publish a schedule setting the fees resulting from the decrease.

(c) This section shall become inoperative on July 1, 2013, and, as of January 1, 2014, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2014, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 19.

Section 70603 of the Government Code is amended to read:

70603.

(a) Except as provided in this section, the fees charged for filings and services under this chapter are intended to be uniform statewide and to be the only allowable fees for those services and filings. The only charges that may be added to the fees in this chapter are the following:

(1) In a complex case, the fee provided for in Section 70616 may be added to the first paper and first responsive paper filing fees in Sections 70611, 70612, 70613, and 70614.

(2) In an unlawful detainer action subject to Section 1161.2 of the Code of Civil Procedure, a charge of fifteen dollars ($15) as provided under that section may be added to the fee in Section 70613 for filing a first appearance by a plaintiff.

(3) In Riverside County, a surcharge as provided in Section 70622 may be added to the first paper and first responsive paper filing fees in Sections 70611, 70612, 70613, 70614, 70650, 70651, 70652, 70653, 70655, and 70670.

(4) In San Bernardino County, a surcharge as provided in Section 70624 may be added to the first paper and first responsive paper filing fees in Sections 70611, 70612, 70613, 70614, 70650, 70651, 70652, 70653, 70655, and 70670. This paragraph applies to fees collected under Sections 70611, 70612, 70613, 70614, 70650, 70651, 70652, 70653, 70655, and 70670, beginning January 1, 2006.

(5) In the City and County of San Francisco, a surcharge as provided in Section 70625 may be added to the first paper and first responsive paper filing fees in Sections 70611, 70612, 70613, 70614, 70650, 70651, 70652, 70653, 70655, and 70670.

(b) Notwithstanding paragraph (1) of subdivision (c) of Section 68085.3 and paragraph (1) of subdivision (c) of Section 68085.4, when a charge for courthouse construction in the City and County of San Francisco or in the Counties of Riverside or San Bernardino is added to the uniform filing fee as provided under paragraph (3), (4), or (5) of subdivision (a), the amount distributed to the State Court Facilities Construction Fund under Section 68085.3 or 68085.4 shall be reduced by an amount equal to the charge added under paragraph (3), (4), or (5) of subdivision (a), up to the amount that would otherwise be distributed to the State Court Facilities Construction Fund. If the amount added under paragraph (3), (4), or (5) of subdivision (a) is greater than the amount that would be distributed to the State Court Facilities Construction Fund under Section 68085.3 or 68085.4, no distribution shall be made to the State Court Facilities Construction Fund, but the amount charged to the party may be greater than the amount of the uniform fee otherwise allowed, in order to collect the surcharge under paragraph (3), (4), or (5) of subdivision (a).

(c) If a filing fee is reduced by forty-four dollars ($44) under subdivision (c) of Section 6322.1 of the Business and Professions Code, and a courthouse construction surcharge is added to the filing fee as provided under paragraph (3), (4), or (5) of subdivision (a), the amount distributed to the State Court Facilities Construction Fund under Section 68085.4 shall be reduced as provided in subdivision (b). If the amount added under paragraph (3), (4), or (5) of subdivision (a) is greater than the amount that would be distributed to the State Court Facilities Construction Fund under Section 68085.4, no distribution shall be made to the State Court Facilities Construction Fund, but the amount charged to the party may be greater than one hundred eighty-one dollars ($181), in order to collect the surcharge under paragraph (3), (4), or (5) of subdivision (a).

SEC. 20.

Section 70603 is added to the Government Code, to read:

70603.

(1) In a complex case, the fee provided for in Section 70616 may be added to the first paper and first responsive paper filing fees in Sections 70611, 70612, 70613, and 70614.

(c) If a filing fee is reduced by twenty-four dollars ($24) under subdivision (c) of Section 6322.1 of the Business and Professions Code, and a courthouse construction surcharge is added to the filing fee as provided under paragraph (3), (4), or (5) of subdivision (a), the amount distributed to the State Court Facilities Construction Fund under Section 68085.4 shall be reduced as provided in subdivision (b). If the amount added under paragraph (3), (4), or (5) of subdivision (a) is greater than the amount that would be distributed to the State Court Facilities Construction Fund under Section 68085.4, no distribution shall be made to the State Court Facilities Construction Fund, but the amount charged to the party may be greater than one hundred eighty-one dollars ($181), in order to collect the surcharge under paragraph (3), (4), or (5) of subdivision (a).

(d) This section shall become operative on July 1, 2013.

SEC. 21.

Section 70617 of the Government Code is amended to read:

70617.

(a) Except as provided in subdivisions (d) and (e), the uniform fee for filing a motion, application, or any other paper requiring a hearing subsequent to the first paper, is forty dollars ($40). Papers for which this fee shall be charged include the following:

(1) A motion listed in paragraphs (1) to (12), inclusive, of subdivision (a) of Section 1005 of the Code of Civil Procedure.

(2) A motion or application to continue a trial date.

(3) An application for examination of a third person controlling defendant’s property under Section 491.110 or 491.150 of the Code of Civil Procedure.

(4) Discovery motions under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure.

(5) A motion for a new trial of any civil action or special proceeding.

(6) An application for an order for a judgment debtor examination under Section 708.110 or 708.160 of the Code of Civil Procedure.

(7) An application for an order of sale of a dwelling under Section 704.750 of the Code of Civil Procedure.

(8) An ex parte application that requires a party to give notice of the ex parte appearance to other parties.

(b) There shall be no fee under subdivision (a) or (c) for filing any of the following:

(1) A motion, application, demurrer, request, notice, or stipulation and order that is the first paper filed in an action and on which a first paper filing fee is paid.

(2) An amended notice of motion.

(3) A civil case management statement.

(4) A request for trial de novo after judicial arbitration.

(5) A stipulation that does not require an order.

(6) A request for an order to prevent civil harassment.

(7) A request for an order to prevent domestic violence.

(8) A request for entry of default or default judgment.

(9) A paper requiring a hearing on a petition for emancipation of a minor.

(10) A paper requiring a hearing on a petition for an order to prevent abuse of an elder or dependent adult.

(11) A paper requiring a hearing on a petition for a writ of review, mandate, or prohibition.

(12) A paper requiring a hearing on a petition for a decree of change of name or gender.

(13) A paper requiring a hearing on a petition to approve the compromise of a claim of a minor.

(1) A request, application, or motion for, or a notice of, the continuance of a hearing or case management conference. The fee shall be charged no more than once for each continuance. The fee shall not be charged if the continuance is required by the court.

(2) A stipulation and order.

(3) A request for an order authorizing service of summons by posting or by publication under Section 415.45 or 415.50 of the Code of Civil Procedure.

(d) The fee for filing a motion for summary judgment or summary adjudication of issues is five hundred dollars ($500).

(e) (1) The fee for filing in the superior court an application to appear as counsel pro hac vice is five hundred dollars ($500). This fee is in addition to any other fee required of the applicant. Two hundred fifty dollars ($250) of the fee collected under this paragraph shall be transmitted to the state for deposit into the Immediate and Critical Needs Account of the State Court Facilities Construction Fund, established in Section 70371.5. The remaining two hundred fifty dollars ($250) of the fee shall be transmitted to the state for deposit into the Trial Court Trust Fund, established in Section 68085.

(2) An attorney whose application to appear as counsel pro hac vice has been granted shall pay to the superior court, on or before the anniversary of the date the application was granted, an annual renewal fee of five hundred dollars ($500) for each year that the attorney maintains pro hac vice status in the case in which the application was granted. The entire fee collected under this paragraph shall be transmitted to the state for deposit into the Trial Court Trust Fund, established in Section 68085.

(f) Regardless of whether each motion or matter is heard at a single hearing or at separate hearings, the filing fees required by subdivisions (a), (c), (d), and (e) apply separately to each motion or other paper filed. The Judicial Council may publish rules to give uniform guidance to courts in applying fees under this section.

(g) This section shall become inoperative on July 1, 2013, and, as of January 1, 2014, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2014, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 22.

Section 70617 is added to the Government Code, to read: