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HomeMy WebLinkAbout3290Ordinance loo . 3290 ORDINANCE ADDING ARTICLE X TO CHAPTER 3 OF THE BUTTE COUNTY CODE INCREASING THE LAW LIBRARY FEE PAID BY LITIGANTS IN THE SUPERIOR AND MUNICIPAL COURTS 'the Board of Supervisors of the County of Butte ordains as follows: Section 1. Findings The Board of Supervisors hereby makes the following findings: (a) Business and Professions Code section 6322.1, subdivision (a), authorizes the Board of Supervisors, after January 1, 1.995, to increase the fees collected as costs for the Law Library by the Municipal and Superior Court clerks pursuant to Business and Professians Code sections 6321 and 6322, to an amount over twenty dallars ($20.00) whenever it shall determine that the increase is necessary to defray the expenses of the Law Library. (b) Business and Professians Code section 6322.1, subdivision (a), also provides that any increase in the fees collected as costs for the Law Library to an amount over twenty dollars ($20.00) shall in na case be greater than three dollars ($3.00) in any year if the Board of 1 Supervisors excludes the library fee from the definition of "total filing fee," nor shall the increase be more than five dollars ($5.00) in any year if the library fee is included in the definition of "total filing fee," under sections 26820.6 and 72055 of the Government Code. (c) Pursuant to Business and Professions Code section 6322.1, subdivision (a), the Board of Supervisors hereby excludes three dollars ($3.00) of the Law Library fee from the definition of the "total filing fee" as defined by Government Code sections 26820.6 and 72055. (d) The Butte County Law Library Board of Trustees has voted to request that the Board of Supervisors raise the fee collected as casts for the Law Library from twenty dollars ($20.00) to twenty-three dollars ($23.00). (e) The fee increase requested by the Butte County Law Library Board of Trustees is necessary to defray the expenses of the Law Library. (f) The fee increase adopted by this ordinance does not exceed the estimated reasonable cost of providing the service for which each such fee is to be charged. /// /// 2 Section 2. Article X is added to Chapter 3 of the Butte County Code to read as follows: "Article X. LAW LIBRARY FEE Section 3-90. Payment of fee required. A three dollar {$3.00) increase in the Law Library fee is hereby established, effective January 1, 1997, to defray expenses of the Butte County Law Library. The collection of this additional fee shall be as follows: A. SUPERIOR CURT FILING FEES 1. There shall be paid, in addition. to the fee fixed by Government Code section 26820.4 and collected by the Superior Court Clerk for filing the first paper in a cavil action or special proceeding in the Superior Court, except an adoption proceeding, a three dollar ($3.00) Law Library fee pursuant to Business and Professions Code section 6322.1, subdivision (a). This three dollar ($3.00) fee shall be allocated entirely to the Law Library. 2. The fee collected pursuant to Section 3-90(A)(1) above applies to the initial complaint, petition, or application and any papers transmitted from another court on the transfer of a civil action or proceeding but does not include documents filed pursuant to section 491.150, 704.750 or 708.160 of the Code of Civil Procedure. 3. There shall be paid, in addition to the fee fixed by Government Code section 26826 and collected by the Superior Court 3 Clerk for filing the first paper in an action on behalf of any defendant, intervenor, respondent, or adverse party, whether separately or jointly, except for the purpose of making disclaimer, a three dollar ($3.00) Law Library fee pursuant to Business and Professions Code section 6322.1, subdivision (a). This three dollar ($3.00) fee shall be allocated entirely to the Law Library. B. MUNICIPAL COURT EYEING FEES 1. There shall be paid, in addition to the fee fixed by Government Code section 72055 and collected by the Municipal Court Clerk for filing the first paper in a civil action or proceeding in the Municipal Court, a three dollar ($3.00) Law Library fee pursuant to Business and Professions Code section 6322.1, subdivision (a). This three dollar ($3.00) fee shall be allocated entirely to the Law Library. 2. The fee collected pursuant to Section 3-90(B)(1) above applies to the initial complaint, petition, or application and any papers transmitted from another court on the transfer of a civil action or proceeding but does not include documents filed pursuant to section 491.150, 704.750 or 708.160 of the Code of Civil Procedure. 3. There shall be paid, in addition to the fee fixed by Government Code section 72056 and collected by the Municipal Court Clerk for filing the first paper in a civil action or proceeding on 4 behalf of any party other than plaintiff, a three dollar ($3.00) Law Library fee pursuant to Business and Professions Code section 6322.1, subdivision (a). This three dollar ($3.00) fee shall be allocated entirely to the Law Library. Sectian 3. Exclusion of Law Library Fee From Definition of "Total Filin Fee". Pursuant to Business and Professions Code section 6322.1, subdivision (a), the Board of Supervisors has excluded three dollars ($3.00) of the Law Library fee from the definition of the "total filing fee" as defined by Government Code sections 26820.6 and 72055, and therefore, the three dollar ($3.00) fee provided for in Section 2 above is in addition to the fees fixed by Government Code sections 26820.4, 26826, 26827, 72055, and 72056. Section 4. Severabilit . If any part of this ordinance sha11 be held void by a court of competent jurisdiction, such part shall be deemed severable, and the invalidity thereof shall not affect the remaining parts of this ordinance. Sectian 5. Effective Date and Publication. This Ordinance shall be, and it is hereby declared to be, in full force and effect from and after January 1, 1997, which is a date more than thirty 5 (30) days after the date of passage, and before the expiration of fifteen (15) days after its passage, this Ordinance shall be published once with the names of the members of the Board of Supervisors voting far and against it in the Ghico Enterprise-Record a newspaper published in the County of Butte, State of California. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, on the 22nd day of October 1996, by the following vote: AYES: Supervisors Meyer, Dolan, Houx, Thamas and Chair McLaughlin NOES : None ABSENT : None NOT VOTING: None C Ed McLaughlin, hair of the Butte County Board of Supervisors ATTEST: JOHN BLACKLOCK Officer and Clerk of the Board By {I,i6rarfee.ord) 6