Butte County Municipal Code Art. X Law Library Fee

* Cross reference—Application of state law relating to law libraries, § 2-4.

A nine dollar ($9.00) Law Library fee is hereby established, effective January 1, 2004, to defray expenses of the Butte County Public 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 nine dollar ($9.00) Law Library fee pursuant to Business and Professions Code Section 6322.1, subdivision (a). This nine dollar ($9.00) 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 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 nine dollar ($9.00) Law Library fee pursuant to Business and Professions Code Section 6322.1, subdivision (a). This nine dollar ($9.00) 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 filing 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 nine dollar ($9.00) Law Library fee pursuant to Business and Professions Code Section 6322.1, subdivision (a). This nine dollar ($9.00) 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 nine dollar ($9.00) Law Library fee pursuant to Business and Professions Code Section 6322.1, subdivision (a). This nine dollar ($9.00) 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 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 Superior Court Clerk for filing the first paper in a civil action or proceeding on behalf of any party other than plaintiff, a nine dollar ($9.00) Law Library fee pursuant to Business and Professions Code Section 6322.1, subdivision (a). This nine dollar ($9.00) fee shall be allocated entirely to the Law Library.

(Ord. No. 3290, § 2, 10-22-96; Ord. No. 3665, § 2, 12-19-00; Ord. No. 3866 § 2, 12-16-03)

(1) Pursuant to Business and Professions Code section 6322.1, subdivision (a), the Board of Supervisors ordained in 1996 and again in 2000 to establish a Law Library fee of, first, three dollars ($3.00), then, six dollars ($6.00) to counter rising publications costs and to slow the progress of subscriptions cuts. The initial three dollar ($3.00) fee and the current six-dollar ($6.00) fee were declared to be, have always been and continue to be fees that are in addition to the fees fixed by Government Code Sections 26820.4, 26826, 26827, 72055, and 72056. These fees were excluded from the definition of the "total filing fee" as defined by Government Code Sections 26820.6 and 72055.

(2) Pursuant to Business and Professions Code Section 6322.1, subdivision (a), there is now excluded a total of nine dollars ($9.00) from the definition of the "total filing fee" as defined by Government Code Sections 26820.6 and 72055. The nine-dollar ($9.00) fee in Section 3-90 is in addition to the fees fixed by Government Code Sections 26820.4, 26826, 26827, 72055 and 72056.

(Ord. No. 3866 § 3, 12-16-03)