HomeMy WebLinkAbout36651
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Ordinance No. 3665
ORDINANCE AMENDING ARTICLE X TO CHAPTER 3
OF THE BUTTE COUNTY CODE INCREASING THE LAW
LIBRARY FEE PAID BY LITIGANTS IN fiHE SUPERIOR COURT
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 a County Board of Supervisors, after January 1, 1995,
to increase the fees collected as costs for the Law Library by the
Superior Court Clerk pursuant to Business and Professions Code
sections 6321 and 6322, to an amount over twenty dollars {$20.00}
whenever it shall determine that the increase is necessary to defray
the expenses of the Law Library.
(b) Business and Professions 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 no
case be greater than three dollars ($3.00) in any year if the Board
of 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) In 1996, this Board of Supervisors adopted Butte County
Ordinance No. 3290 which created the present three dollar ($3.00}
Butte County Law Library fee pursuant to the enabling sections
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that stand behind this Ordinance. In the body of Ordinance No.
3290 is a finding that the fee increase requested was necessary to
defray the expenses of the Law Library that year. Also included in
the body of Ordinance No. 3290 is a statement in 1996 excluding
then 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) In 1996, pursuant to these sections, the Board of Supervisors
ordained to raise the fee collected as costs for the Law Library from
twenty dollars 020.00) to twenty-three dollars ($23.00) as many
California counties did in that year to defray the expenses of the
county law library.
(e) Pursuant to Business and Professions Code section 6322.1,
subdivision (a), the Board of Supervisors hereby excludes six
dollars 06.00) of the Law Library fee from the definition of the
"total filing fee" as defined by Government Code sections 26820.6
and 72055.
(fl The Butte County Law Library Board of Trustees has voted to
request that the Board of Supervisors raise the fee collected as
costs for the Law Library from twenty-three dollars ($23.00) to
twenty-six dollars($26.00).
(g) The fee increase requested by the Butte County Law Library Board
of Trustees is necessary to defray the expenses of the Law Library.
(h) fihe fee increase adopted by this Ordinance does not exceed the
estimated reasonable cost of providing the service for which each
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such fee is to be charged.
(i) This ordinance is enacted pursuant to Business and Professions
Code section 6322.1, Government Code section 66018, Article I,
Section 1 of the Butte County Charter, and Article XI, Section 7 of
the California Constitution.
Section 2. Article X to Chapter 3 of the Butte County Code is amended
to read as follows:
"Article X. LAW LIBRARY FEE
Section 3-90. Payment of fee required.
A six dollar ($6.00) Law Library fee is hereby established, effective
January 20, 2001, to defray expenses of the Butte County Law Library.
The collection of this additional fee shall be as follows:
A. CIVIL ACTION 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 civil action or special proceeding in the Superior Court, except an
adoption proceeding, a six dollar {$6.00) Law Library fee pursuant to Business
and Professions Code section 6322.1, subdivision {a). This six dollar ($6.00)
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 49.1.1-50, 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 Clerk for filing the first
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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 six dollar ($6.00} Law Library fee pursuant to Business and
Professions Code section 6322.1, subdivision (a). This six dollar ($6.00) fee
shall be allocated entirely to the Law Library.
B. PROBATE FEES
1. There shall be paid, in addition to the fee fixed by Government Code
section 26827 and collected by the Superior Court Clerk for fling the first or
subsequent petition for letters of administration, a petition for letters
testamentary, a first account of a testamentary trustee, a petition for letters
of guardianship, a petition for letters of conservatorship, a petition for
compromise of minor's claim, or a petition to contest any will or codicil, a six
dollar ($6.00) Law Library fee pursuant to Business and Professions Code
section 6322.1, subdivision (a). This six dollar ($6.00) fee shall be allocated
entirely to the Law Library.
C. LIMITED CIVIL CASE FILING FEES
1. There shall be paid, in addition to the fee fixed by Government Code
section 72055 and collected by the Superior Court Clerk for filing the first
paper in a civil action or proceeding captioned as a "limited civil case," a six
dollar ($6.00) Law Library fee pursuant to Business and Professions Code
section 6322.1, subdivision (a). This six dollar ($6.00) fee shall be allocated
entirely to the Law Library.
2. The fee collected pursuant to Section 3-90{C)(1) above applies to the
initial complaint, petition, or application and any papers transmitted from
another court on the transfer of a civil action but does not include documents
fled 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
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section 72056 and collected by the Superior Court Clerk for filing the first
paper in a civil action or proceeding on behalf of any party other than plaintiff,
a six dollar ($6.00) Law Library fee pursuant to Business and Professions Code
section 6322.1, subdivision {a). This six dollar {$6.00) fee shall be allocated
entirely to the Law Library.
Section 3. Exclusion of the Law Library Fee From Definition of
"Total Filing Fee."
Pursuant to the "in any year" provision contained in Business and
Professions Code section 6322.1, subdivision (a), the Board of Supervisors,
having four years ago ordained to establish a Law Library fee of three dollars
($3.00) which would be in addition to the fees fixed by Government Code
sections 26820.4, 26826, 26827, 72055, and 72056, in 1996, now excludes
a total of six dollars ($6.00) of the Law Library fee from the definition of the
"total filing fee" as defined by Government Code sections 26820.6 and 72055.
In accordance therewith, the six dollar ($6.00) fee provided for in Section 2
above is in addition to the fees fii.xed by Government Code sections 26820.4,
26826, 26827, 72055, and 72056.
Section 4. Severability.
If any provision of this Ordinance or the application thereof to any
person or circumstances is for any reason held to be invalid by a court of
competent jurisdiction, such part shall be deemed severable, and the invalidity
thereof shall not effect the remaining provisions or other applications of the
Ordinance which can be given effect without the invalid provision or
application thereof.
Section 5. Ordinance effective Date and Publication.
This Ordinance shall take effect thirty {30) days after the date of its
passage. The Clerk of the Board of Supervisors is authorized and directed to
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publish this ordinance 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 for and against it, in the
Chico Enterprise , a newspaper of general circulation 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 19th day of December 2000, by the
following vote:
AYES: Supervisors Beeler, Houx, Davis, Josa.assen and Chair Dolan
NOES: None
ABSENT: None
NOT VOTING: None ~-- (~
Dolan, Chair of the
County Board of Supervisors
ATTEST:
JOHN S. BLACKLOCK
Chief Administrative Officer and
Clerk of the Board of Supervisors
DEPUTY ' ~
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