Bill Text: CA AB1053 | 2011-2012 | Regular Session | Chaptered
Bill Title: Local government: penalties and fees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2011-10-02 - Chaptered by Secretary of State - Chapter 402, Statutes of 2011. [AB1053 Detail]
Download: California-2011-AB1053-Chaptered.html
BILL NUMBER: AB 1053 CHAPTERED
BILL TEXT
CHAPTER 402
FILED WITH SECRETARY OF STATE OCTOBER 2, 2011
APPROVED BY GOVERNOR OCTOBER 2, 2011
PASSED THE SENATE SEPTEMBER 8, 2011
PASSED THE ASSEMBLY SEPTEMBER 8, 2011
AMENDED IN SENATE SEPTEMBER 1, 2011
AMENDED IN SENATE JULY 12, 2011
AMENDED IN SENATE JUNE 28, 2011
AMENDED IN ASSEMBLY MAY 27, 2011
AMENDED IN ASSEMBLY APRIL 26, 2011
INTRODUCED BY Assembly Member Gordon
FEBRUARY 18, 2011
An act to amend Sections 100430 and 103625 of, and to amend,
repeal, and add Section 100425 of, the Health and Safety Code, and to
amend Section 903.15 of the Welfare and Institutions Code, relating
to local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 1053, Gordon. Local government: penalties and fees.
(1) Existing law requires that a base fee of $3 be paid by an
applicant for a certified copy of a fetal death or death record and
requires that a base fee of $3 be paid by a public agency or private
adoption agency applicant, and a base fee of $9 be paid by any other
applicant, for a certified copy of a birth certificate. Existing law
authorizes the fee to be adjusted pursuant to a specified method, not
to exceed the total increased cost of the program or service
provided.
This bill would raise each of those base fees by $9, as
prescribed. This bill would remove the authorization to adjust the
fee pursuant to that specified method, and commencing January 1,
2014, would require the fee to be adjusted pursuant to that specified
method. The bill would declare that the increased fee would more
accurately reflect the true cost of providing those documents.
(2) Existing law requires the parent of any minor, or other person
who is liable for the support of that minor, on whose behalf a
petition is filed to make the minor a ward of the court as provided,
when the minor is represented by appointed counsel, to be assessed a
registration fee not to exceed $25 at the time legal services are
provided, as long as the person is financially able to pay.
This bill would raise that fee to $50.
(3) This bill would make conforming changes and delete obsolete
provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) The fees charged for providing certified copies of birth and
death records have not kept pace with the true cost of providing
certified copies of those records. Sections 5 and 6 of this act
address those deficiencies by raising the fees charged for those
records to a level that more accurately reflects the true costs
incurred by the agencies providing those certified copies.
(b) The fees charged for the issuance of certified birth and death
records shall continue to reflect the true costs of the services
provided as those fees are to be adjusted annually by the formula set
forth in Section 100425 of the Health and Safety Code, and the
amounts collected are prohibited from exceeding the total increased
reasonable cost for the services provided.
SEC. 2. Section 100425 of the Health and Safety Code is amended to
read:
100425. (a) The fees or charges for the issuance or renewal of
any permit, license, registration, or document pursuant to Sections
1639.5, 1676, 1677, 2805, 11839.25, 106700, 106890, 106925, 107080,
107090, 107095, 107160, 110210, 110470, 111130, 111140, 111630,
112405, 112510, 112750, 112755, 113060, 113065, 115035, 115065,
115080, 116205, 117923, 117995, 118045, 118210, 118245 shall be
adjusted annually by the percentage change printed in the Budget Act
for those items appropriating funds to the state department. After
the first annual adjustment of fees or charges pursuant to this
section, the fees or charges subject to subsequent adjustment shall
be the fees or charges for the prior calendar year. The percentage
change shall be determined by the Department of Finance, and shall
include at least the total percentage change in salaries and
operating expenses of the state department. However, the total
increase in amounts collected under this section shall not exceed the
total increased cost of the program or service provided.
(b) The state department shall publish annually a list of the
actual numerical fee charges for each permit, license, certification,
or registration governed by this section.
(c) This adjustment of fees and publication of the fee list shall
not be subject to the requirements of Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.
(d) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 3. Section 100425 is added to the Health and Safety Code, to
read:
100425. (a) The fees or charges for the issuance or renewal of
any permit, license, registration, or document pursuant to Sections
1639.5, 1676, 1677, 2805, 11839.25, 103625, 106700, 106890, 106925,
107080, 107090, 107095, 107160, 110210, 110470, 111130, 111140,
111630, 112405, 112510, 112750, 112755, 113060, 113065, 114065,
115035, 115065, 115080, 116205, 117923, 117995, 118045, 118210,
118245 shall be adjusted annually by the percentage change printed in
the Budget Act for those items appropriating funds to the state
department. After the first annual adjustment of fees or charges
pursuant to this section, the fees or charges subject to subsequent
adjustment shall be the fees or charges for the prior calendar year.
The percentage change shall be determined by the Department of
Finance, and shall include at least the total percentage change in
salaries and operating expenses of the state department. However, the
total increase in amounts collected under this section shall not
exceed the total increased cost of the program or service provided.
(b) The state department shall publish annually a list of the
actual numerical fee charges for each permit, license, certification,
or registration governed by this section.
(c) This adjustment of fees and publication of the fee list shall
not be subject to the requirements of Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.
(d) With respect to the fees or charges pursuant to Section
103625, the actual dollar fee or charge shall be rounded to the
nearest whole dollar.
(e) This section shall become operative on January 1, 2014.
SEC. 4. Section 100430 of the Health and Safety Code is amended to
read:
100430. (a) (1) The fees or charges for a record search or for
the issuance of any license, permit, registration, or any other
document pursuant to Section 26840 of the Government Code, or Section
102525, 102625, 102670, 102725, 102750, 103040.1, 103050, 103065,
103225, 103325, 103400, 103425, 103450, 103525, 103590, 103650,
103675, 103690, 103695, 103700, 103705, 103710, 103715, 103720,
103725, or 103735 of this code, may be adjusted annually by the
percentage change determined pursuant to Section 100425.
(2) The base amount to be adjusted shall be the statutory base
amount of the fee or charge plus the sum of the prior adjustments to
the statutory base amount. Whenever the statutory base amount is
amended, the base amount shall be the new statutory base amount plus
the sum of adjustments to the new statutory base amount calculated
subsequent to the statutory base amendment. The actual dollar fee or
charge shall be rounded to the next highest whole dollar.
(b) Beginning January 1, 1983, the department shall annually
publish a list of the actual numerical fee charges as adjusted
pursuant to this section. This adjustment of fees and the publication
of the fee list shall not be subject to the requirements of Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code.
SEC. 5. Section 103625 of the Health and Safety Code, as amended
by Section 9 of Chapter 529 of the Statutes of 2010, is amended to
read:
103625. (a) A fee of twelve dollars ($12) shall be paid by the
applicant for a certified copy of a fetal death or death record.
(b) (1) A fee of twelve dollars ($12) shall be paid by a public
agency or licensed private adoption agency applicant for a certified
copy of a birth certificate that the agency is required to obtain in
the ordinary course of business. A fee of eighteen dollars ($18)
shall be paid by any other applicant for a certified copy of a birth
certificate. Four dollars ($4) of any eighteen-dollar ($18) fee is
exempt from subdivision (e) and shall be paid either to a county
children's trust fund or to the State Children's Trust Fund, in
conformity with Article 5 (commencing with Section 18965) of Chapter
11 of Part 6 of Division 9 of the Welfare and Institutions Code. Two
dollars ($2) of any eighteen-dollar ($18) fee is exempt from
subdivision (e) and shall be paid to the Umbilical Cord Blood
Collection Program Fund in conformity with Section 1628.
(2) The board of supervisors of any county that has established a
county children's trust fund may increase the fee for a certified
copy of a birth certificate by up to three dollars ($3) for deposit
in the county children's trust fund in conformity with Article 5
(commencing with Section 18965) of Chapter 11 of Part 6 of Division 9
of the Welfare and Institutions Code.
(c) A fee of three dollars ($3) shall be paid by a public agency
applicant for a certified copy of a marriage record, that has been
filed with the county recorder or county clerk, that the agency is
required to obtain in the ordinary course of business. A fee of six
dollars ($6) shall be paid by any other applicant for a certified
copy of a marriage record that has been filed with the county
recorder or county clerk. Three dollars ($3) of any six-dollar ($6)
fee is exempt from subdivision (e) and shall be transmitted monthly
by each local registrar, county recorder, and county clerk to the
state for deposit into the General Fund as provided by Section 1852
of the Family Code.
(d) A fee of three dollars ($3) shall be paid by a public agency
applicant for a certified copy of a marriage dissolution record
obtained from the State Registrar that the agency is required to
obtain in the ordinary course of business. A fee of six dollars ($6)
shall be paid by any other applicant for a certified copy of a
marriage dissolution record obtained from the State Registrar.
(e) Each local registrar, county recorder, or county clerk
collecting a fee pursuant to subdivisions (a) to (d), inclusive,
shall do the following:
(1) Transmit 15 percent of the fee for each certified copy to the
State Registrar by the 10th day of the month following the month in
which the fee was received.
(2) Retain 85 percent of the fee for each certified copy solely to
support the issuing agency for all activities related to the
issuance of certified copies of records pursuant to subdivisions (a)
to (d), inclusive.
(f) In addition to the fees prescribed pursuant to subdivisions
(a) to (d), inclusive, all applicants for certified copies of the
records described in those subdivisions shall pay an additional fee
of three dollars ($3), that shall be collected by the State
Registrar, the local registrar, county recorder, or county clerk, as
the case may be.
(g) The local public official charged with the collection of the
additional fee established pursuant to subdivision (f) may create a
local vital and health statistics trust fund. The fees collected by
local public officials pursuant to subdivision (f) shall be
distributed as follows:
(1) Forty-five percent of the fee collected pursuant to
subdivision (f) shall be transmitted to the State Registrar.
(2) The remainder of the fee collected pursuant to subdivision (f)
shall be deposited into the collecting agency's vital and health
statistics trust fund, except that in any jurisdiction in which a
local vital and health statistics trust fund has not been
established, the entire amount of the fee collected pursuant to
subdivision (f) shall be transmitted to the State Registrar.
(3) Moneys transmitted to the State Registrar pursuant to this
subdivision shall be deposited in accordance with Section 102247.
(h) Moneys in each local vital and health statistics trust fund
shall be available to the local official charged with the collection
of fees pursuant to subdivision (f) for the applicable jurisdiction
for the purpose of defraying the administrative costs of collecting
and reporting with respect to those fees and for other costs as
follows:
(1) Modernization of vital record operations, including
improvement, automation, and technical support of vital record
systems.
(2) Improvement in the collection and analysis of health-related
birth and death certificate information, and other community health
data collection and analysis, as appropriate.
(i) Funds collected pursuant to subdivision (f) shall not be used
to supplant funding in existence on January 1, 2002, that is
necessary for the daily operation of vital record systems. It is the
intent of the Legislature that funds collected pursuant to
subdivision (f) be used to enhance service to the public, to improve
analytical capabilities of state and local health authorities in
addressing the health needs of newborn children and maternal health
problems, and to analyze the health status of the general population.
(j) Each county shall annually submit a report to the State
Registrar by March 1 containing information on the amount of revenues
collected pursuant to subdivision (f) in the previous calendar year
and on how the revenues were expended and for what purpose.
(k) Each local registrar, county recorder, or county clerk
collecting the fee pursuant to subdivision (f) shall transmit 45
percent of the fee for each certified copy to which subdivision (f)
applies to the State Registrar by the 10th day of the month following
the month in which the fee was received.
(l) The nine dollar ($9) increase to the base fee authorized in
subdivision (a) for a certified copy of a fetal death record or death
record and subdivision (b) for a certified copy of a birth
certificate shall be applied incrementally as follows:
(1) A five dollar ($5) increase applied as of January 1, 2012.
(2) An additional two dollar ($2) increase applied as of January
1, 2013.
(3) An additional two dollar ($2) increase applied as of January
1, 2014.
(m) In providing for the expiration of the surcharge on birth
certificate fees on June 30, 1999, the Legislature intends that
juvenile dependency mediation programs pursue ancillary funding
sources after that date.
(n) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 6. Section 103625 of the Health and Safety Code, as added by
Section 10 of Chapter 529 of the Statutes of 2010, is amended to
read:
103625. (a) A fee of twelve dollars ($12) shall be paid by the
applicant for a certified copy of a fetal death or death record.
(b) (1) A fee of twelve dollars ($12) shall be paid by a public
agency or licensed private adoption agency applicant for a certified
copy of a birth certificate that the agency is required to obtain in
the ordinary course of business. A fee of sixteen dollars ($16) shall
be paid by any other applicant for a certified copy of a birth
certificate. Four dollars ($4) of any sixteen-dollar ($16) fee is
exempt from subdivision (e) and shall be paid either to a county
children's trust fund or to the State Children's Trust Fund, in
conformity with Article 5 (commencing with Section 18965) of Chapter
11 of Part 6 of Division 9 of the Welfare and Institutions Code.
(2) The board of supervisors of any county that has established a
county children's trust fund may increase the fee for a certified
copy of a birth certificate by up to three dollars ($3) for deposit
in the county children's trust fund in conformity with Article 5
(commencing with Section 18965) of Chapter 11 of Part 6 of Division 9
of the Welfare and Institutions Code.
(c) A fee of three dollars ($3) shall be paid by a public agency
applicant for a certified copy of a marriage record, that has been
filed with the county recorder or county clerk, that the agency is
required to obtain in the ordinary course of business. A fee of six
dollars ($6) shall be paid by any other applicant for a certified
copy of a marriage record that has been filed with the county
recorder or county clerk. Three dollars ($3) of any six-dollar ($6)
fee is exempt from subdivision (e) and shall be transmitted monthly
by each local registrar, county recorder, and county clerk to the
state for deposit into the General Fund as provided by Section 1852
of the Family Code.
(d) A fee of three dollars ($3) shall be paid by a public agency
applicant for a certified copy of a marriage dissolution record
obtained from the State Registrar that the agency is required to
obtain in the ordinary course of business. A fee of six dollars ($6)
shall be paid by any other applicant for a certified copy of a
marriage dissolution record obtained from the State Registrar.
(e) Each local registrar, county recorder, or county clerk
collecting a fee pursuant to subdivisions (a) to (d), inclusive,
shall do the following:
(1) Transmit 15 percent of the fee for each certified copy to the
State Registrar by the 10th day of the month following the month in
which the fee was received.
(2) Retain 85 percent of the fee for each certified copy solely to
support the issuing agency for all activities related to the
issuance of certified copies of records pursuant to subdivisions (a)
to (d), inclusive.
(f) In addition to the fees prescribed pursuant to subdivisions
(a) to (d), inclusive, all applicants for certified copies of the
records described in those subdivisions shall pay an additional fee
of three dollars ($3), that shall be collected by the State
Registrar, the local registrar, county recorder, or county clerk, as
the case may be.
(g) The local public official charged with the collection of the
additional fee established pursuant to subdivision (f) may create a
local vital and health statistics trust fund. The fees collected by
local public officials pursuant to subdivision (f) shall be
distributed as follows:
(1) Forty-five percent of the fee collected pursuant to
subdivision (f) shall be transmitted to the State Registrar.
(2) The remainder of the fee collected pursuant to subdivision (f)
shall be deposited into the collecting agency's vital and health
statistics trust fund, except that in any jurisdiction in which a
local vital and health statistics trust fund has not been
established, the entire amount of the fee collected pursuant to
subdivision (f) shall be transmitted to the State Registrar.
(3) Moneys transmitted to the State Registrar pursuant to this
subdivision shall be deposited in accordance with Section 102247.
(h) Moneys in each local vital and health statistics trust fund
shall be available to the local official charged with the collection
of fees pursuant to subdivision (f) for the applicable jurisdiction
for the purpose of defraying the administrative costs of collecting
and reporting with respect to those fees and for other costs as
follows:
(1) Modernization of vital record operations, including
improvement, automation, and technical support of vital record
systems.
(2) Improvement in the collection and analysis of health-related
birth and death certificate information, and other community health
data collection and analysis, as appropriate.
(i) Funds collected pursuant to subdivision (f) shall not be used
to supplant funding in existence on January 1, 2002, that is
necessary for the daily operation of vital record systems. It is the
intent of the Legislature that funds collected pursuant to
subdivision (f) be used to enhance service to the public, to improve
analytical capabilities of state and local health authorities in
addressing the health needs of newborn children and maternal health
problems, and to analyze the health status of the general population.
(j) Each county shall annually submit a report to the State
Registrar by March 1 containing information on the amount of revenues
collected pursuant to subdivision (f) in the previous calendar year
and on how the revenues were expended and for what purpose.
(k) Each local registrar, county recorder, or county clerk
collecting the fee pursuant to subdivision (f) shall transmit 45
percent of the fee for each certified copy to which subdivision (f)
applies to the State Registrar by the 10th day of the month following
the month in which the fee was received.
(l) In providing for the expiration of the surcharge on birth
certificate fees on June 30, 1999, the Legislature intends that
juvenile dependency mediation programs pursue ancillary funding
sources after that date.
(m) This section shall become operative on January 1, 2018.
SEC. 7. Section 903.15 of the Welfare and Institutions Code is
amended to read:
903.15. (a) The parent of any minor, or other person who is
liable for the support of the minor, on whose behalf a petition is
filed pursuant to Section 601 or 602, when the minor is represented
by appointed counsel, shall be assessed a reasonable registration fee
not to exceed fifty dollars ($50) at the time the legal services are
provided. Notwithstanding this subdivision, no fee shall be required
of any parent or other person who is financially unable to pay the
fee.
(b) At the time of appointment of counsel by the court, or upon
commencement of representation by the public defender, if prior to
court appointment, the parent or other person who is liable for the
support of the minor shall be asked if he or she is financially able
to pay the registration fee or any portion thereof. If the parent or
other person indicates that he or she is able to pay the fee or a
portion thereof, the court or public defender shall make an
assessment in accordance with ability to pay. No fee shall be
assessed against any parent or other person who asserts that he or
she is unable to pay the fee or any portion thereof. No other inquiry
concerning the parent's or other person's ability to pay shall be
made until proceedings are held pursuant to Section 903.45.
(c) No minor shall be denied the assistance of appointed counsel
due solely to the failure of the parent or other person to pay the
registration fee. The registration fee shall be a joint and several
liability of the parent or other person who is liable for the support
of the minor. An order to pay the registration fee may be enforced
in the manner provided for enforcement of civil judgments generally,
but may not be enforced by contempt.
(d) The fact that a parent or other person who is liable for the
support of the minor has or has not been assessed a fee pursuant to
this section shall have no effect in any later proceedings held
pursuant to Section 903.1 or 903.45, except that the parent or other
person shall be given credit for any amounts paid as a registration
fee toward any assessment imposed pursuant to Section 903.1 or 903.45
for legal services.
(e) This section shall be operative in a county only upon the
adoption of a resolution or ordinance by the board of supervisors
electing to establish the registration fee and setting forth the
manner in which the funds shall be collected and distributed.
Collection procedures, accounting measures, and the distribution of
the funds received pursuant to this section shall be within the
discretion of the board of supervisors.
