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HomeMy WebLinkAbout3957Ordinance No. ~L An Ordinance Amending Chapter 43 Public Health Department Fees of the Butte County Code 4 The Board of Supervisors of the County of Butte ordains as follows: Section 1. Purpose. This proposed ordinance adds Section 43-18 to Chapter 43, Public Health Department Fees, of the Butte County Code for processing medical marijuana cards and amends Section 43-20 to include the new fee in periodic cost adjustments. Section 2. Butte County Code Section 43-18 is added to read as follows: 43-1$ Public Health General Services. Public Health Department fees for various general services shall be as follows: 10 11 12 13 l4 15 16 1'7 18 I9 20 21 22 23 24 2S 26 27 28 Fee Name Fee Description Fee A. Medical Marijuana Ident~cation Pursuant to Health & Safety Code Card (MNIIC} Sections 11362.7 - 11362.83 ** 1} County Processing Fee As authorized by Health & Safety Code Section 11362.755 $ 45.15 2) State Application/Renewal Fee As required by Health & Safety Code Section 11362.755 *See Below * In addition to the County Processing Fee, the applicant is required to pay a State Surcharge for applications and renewals as established and adjusted by the State. ** Medi-Cal benef ciaries shall receive a 50% reduction in both the County processing fee and State application fee upon verif cation of Medi-Cal eligibility. Section 3. Butte County Code Section 43-20 is amended to read as follows. From time to time, the Director of Public Health may submit documentation substantiating that there has been an increase in the cost of providing services and requesting an increase in the fees specif ed in Butte County Code Sections 43-5 through 43-18 authorized and levied pursuant to the provision of this article. The board of supervisors may increase these fees in an amount proportional to the increase in such casts. The determination of whether there has been an increase in the cost of providing services and the amount of the increase in the fees shall be made by the Board of Supervisors based on one of the following, as applicable: 1) The net percentage increase in the Employment Cost Index {Not Seasonally Adjusted, Total Compensation, State and Local Government, Index Number, All Workers - Series ID = ECU10003I}, as published by the United States Department of Labor, Bureau of Labor Statistics between the date of such increase and the effective date of this section or any prior increase in the fee made pursuant to the provisions of this section. The formula for adjusting tape fee is: {New index amountlamount of index at time of existing fee) x existing fee =new fee; or 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 1$ 19 20 21 22 23 24 25 26 27 28 2) When the fee being charged is established and mandated by another jurisdiction, such as the state or federal government, the amount collected by the county will be adjusted to reflect the adjustments made to the fee by the other jurisdiction. 'Section 4. Authority. This ordinance is enacted pursuant to Government Code Sections 66017(a} and 66016(b), Article I, Section 1 of the Butte County Charter, and Article XI Section 7 of the California Constitution. Section 5. 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 provision shall be deemed severable, and the invalidity thereof shall not affect the remaining provisions or other applications of the Ordinance which can be given effect without the invalid provision or application thereof. Section 6. Effective Date and Publication. This Ordinance shall take effect thirty (30) day after the date of its passage. The Cleric of the Board of Supervisors is authorized and directed to publish this ordinance before the expiration of fifteen (15} days after its passage. This Ordinanc shall be published once, with the names of the members of the Board of Supervisors voting for and against it, in the Chico Enter rise-record , 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, an the 27 th day of February 2007, by the following vote: AYES: Supervisors NOES: supervisors ABSENT: done NOT VOTING: None Connelly, Kirk:and Chair ]]Dian Josiassen and Yamaguchi )Dian, chair of the County Board of Supervisors ATTEST: PAUL McINTOSH, Chi and By 2