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Key Votes

SB 1407 - Financing Courthouse Construction - Key Vote

California Key Votes

Doug LaMalfa Did Not Vote on this Legislation.

Read statements Doug LaMalfa made in this general time period.

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Legislation - Concurrence Vote Passed (Senate) (26-10) - (Key vote)

Title: Financing Courthouse Construction

Vote Smart's Synopsis:

Vote to concur with House Amendments and pass a bill that increases existing court, criminal, and civil fees and establishes new fees, the revenue of which will be deposited into the newly established Immediate and Critical Needs Account of the State Trial Court Operations Fund to issue bonds to finance the planning, construction, rehabilitation, leasing, or acquisition of court facilities.

Highlights:
- Establishes a $30 penalty for each misdemeanor or felony conviction, and $35 for each infraction, excluding parking violations [sec. 6.5 (a) (1)]. - Establishes a fee of $250 for an application to appear as council pro hac vice (for out-of-state council) in superior court, which is to be applied to each motion or other paper filed [sec. 13.5 (e-f)]. - Increases the transaction fee administered by the clerk of the court for a violation related to driving without a valid driver's license from $10 to $25 [sec. 30 (a)]. - Increases the state court construction penalty for parking penalties from $1.50 to $4.50 [sec. 6 (b)]. - Increases the fee from $180 to $200 for filling the following (Sec. 12, 14, 19, & 29):
    - The first paper, whether it is filed on behalf of yourself or another party, in a limited civil case if the total amount demanded is equal to or less than $10,000; - A notice of appeal to the appellate division of the superior court or a petition for a writ within the original jurisdiction of the appellate division of the superior court with respect to a limited civil case if the total amount demanded is equal to or less than $10,000; - A petition for appointment of a guardian of a person only, and for each paper filed in opposition to such a petition; - A petition requesting an order to set aside a decedent's estate of small value if no estate proceeding is pending for the decedent, and each paper filed in opposition to such a petition; and - A petition in superior court to establish a record of birth, death, or marriage.
- Increases the fee from $300 to $325 for filling the following (Secs. 12, 13, & 14):
    - The first paper, whether it is filed on behalf of yourself or another party, in a limited civil case if the total amount demanded is greater than $10,000; and - A notice of appeal to the appellate division of the superior court or a petition for a writ within the original jurisdiction of the appellate division of the superior court with respect to a limited civil case if the total amount demanded is greater than $10,000.
- Increases the fee from $320 to $350 for filling the following (Secs. 10, 11, 17, & 18):
    - The first paper, whether it is filed on behalf of yourself or another party, in a civil action or proceeding in superior court, other than a limited civil case; - A petition concerning the internal affairs of a trust or a first account of a trustee of a testamentary trust that is subject to continuing jurisdiction of the court, and for each paper filed in opposition to such a petition; - The first paper in a proceeding under the family code, whether it is filed on behalf of yourself or another party, including a proceeding for a dissolution of marriage or domestic partnership, legal separation, or nullity; and - A petition for appointment of a conservator, a guardian of an estate, or a guardian of a person and estate, and for each paper filed in opposition to such a petition, from $320 to $350.
- Increases the filing fee from $40 to $200 for the following [sec 23 (a)]:
    - Petitions, applications, or oppositions concerning the internal affairs of a trust that is not subject to specific filing fees; - Petitions, applications, or oppositions filed subsequent to the issuance of special letters of administration or letters testamentary or of administration in decedent's estate proceedings that are not subject to specific filing fees; and - Petitions for special letters of administration without the powers of general personal representative.
- Eliminates the uniform $350 filing fee for the first petition for letters of administration or letters testamentary, or for the first petition for special letters of administration with the powers of a general personal representative, and replaces it with an adjustable fee according to the estate or trust as follows [sec. 15 (a)]:
    - $320 for estates or trusts under $250,000; - $385 for estates or trusts between $250,000 and $500,000; - $485 for estates or trusts between $500,000 and $750,000; - $635 for estates or trusts between $750,000 and $1 million; - $1,135 for estates or trusts between $1 million and $1.5 million; - $2,135 for estates or trusts between $1.5 million and $2 million; - $2,635 for estates or trusts between $2 million and $2.5 million; - $3,635 for estates or trusts between $2.5 million and $3.5 million; and - $3,635 plus 0.2 percent of the amount over $3.5 million for estates equal to or greater than $3.5 million.
- Requires additional increases in several of the fees if SB 1177 is enacted and becomes effective on or before January 1, 2009 (Secs. 34-52). However, SB 1177 was vetoed by the Governor on 09/27/2008.
Legislation - Bill Passed With Amendment (House) (45-20) - (Key vote)

Title: Financing Courthouse Construction

Vote Smart's Synopsis:

Vote to pass a bill that increases existing court, criminal, and civil fees and establishes new fees, the revenue of which will be deposited into the newly established Immediate and Critical Needs Account of the State Trial Court Operations Fund to issue bonds to finance the planning, construction, rehabilitation, leasing, or acquisition of court facilities.

Highlights:
- Establishes a $30 penalty for each misdemeanor or felony conviction, and $35 for each infraction, excluding parking violations [sec. 6.5 (a) (1)]. - Establishes a fee of $250 for an application to appear as council pro hac vice (for out-of-state council) in superior court, which is to be applied to each motion or other paper filed [sec. 13.5 (e-f)]. - Increases the transaction fee administered by the clerk of the court for a violation related to driving without a valid driver's license from $10 to $25 [sec. 30 (a)]. - Increases the state court construction penalty for parking penalties from $1.50 to $4.50 [sec. 6 (b)]. - Increases the fee from $180 to $200 for filling the following (Sec. 12, 14, 19, & 29):
    - The first paper, whether it is filed on behalf of yourself or another party, in a limited civil case if the total amount demanded is equal to or less than $10,000; - A notice of appeal to the appellate division of the superior court or a petition for a writ within the original jurisdiction of the appellate division of the superior court with respect to a limited civil case if the total amount demanded is equal to or less than $10,000; - A petition for appointment of a guardian of a person only, and for each paper filed in opposition to such a petition; - A petition requesting an order to set aside a decedent's estate of small value if no estate proceeding is pending for the decedent, and each paper filed in opposition to such a petition; and - A petition in superior court to establish a record of birth, death, or marriage.
- Increases the fee from $300 to $325 for filling the following (Secs. 12, 13, & 14):
    - The first paper, whether it is filed on behalf of yourself or another party, in a limited civil case if the total amount demanded is greater than $10,000; and - A notice of appeal to the appellate division of the superior court or a petition for a writ within the original jurisdiction of the appellate division of the superior court with respect to a limited civil case if the total amount demanded is greater than $10,000.
- Increases the fee from $320 to $350 for filling the following (Secs. 10, 11, 17, & 18):
    - The first paper, whether it is filed on behalf of yourself or another party, in a civil action or proceeding in superior court, other than a limited civil case; - A petition concerning the internal affairs of a trust or a first account of a trustee of a testamentary trust that is subject to continuing jurisdiction of the court, and for each paper filed in opposition to such a petition; - The first paper in a proceeding under the family code, whether it is filed on behalf of yourself or another party, including a proceeding for a dissolution of marriage or domestic partnership, legal separation, or nullity; and - A petition for appointment of a conservator, a guardian of an estate, or a guardian of a person and estate, and for each paper filed in opposition to such a petition, from $320 to $350.
- Increases the filing fee from $40 to $200 for the following [sec 23 (a)]:
    - Petitions, applications, or oppositions concerning the internal affairs of a trust that is not subject to specific filing fees; - Petitions, applications, or oppositions filed subsequent to the issuance of special letters of administration or letters testamentary or of administration in decedent's estate proceedings that are not subject to specific filing fees; and - Petitions for special letters of administration without the powers of general personal representative.
- Eliminates the uniform $350 filing fee for the first petition for letters of administration or letters testamentary, or for the first petition for special letters of administration with the powers of a general personal representative, and replaces it with an adjustable fee according to the estate or trust as follows [sec. 15 (a)]:
    - $320 for estates or trusts under $250,000; - $385 for estates or trusts between $250,000 and $500,000; - $485 for estates or trusts between $500,000 and $750,000; - $635 for estates or trusts between $750,000 and $1 million; - $1,135 for estates or trusts between $1 million and $1.5 million; - $2,135 for estates or trusts between $1.5 million and $2 million; - $2,635 for estates or trusts between $2 million and $2.5 million; - $3,635 for estates or trusts between $2.5 million and $3.5 million; and - $3,635 plus 0.2 percent of the amount over $3.5 million for estates equal to or greater than $3.5 million.
- Requires additional increases in several of the fees if SB 1177 is enacted and becomes effective on or before January 1, 2009 (Secs. 34-52). However, SB 1177 was vetoed by the Governor on 09/27/2008.
Legislation - Bill Passed (Senate) (28-8) - (Key vote)

Title: Financing Courthouse Construction

Vote Smart's Synopsis:

Vote to pass a bill that increases civil fees and criminal fines in order to fund the renovation, repair, and construction of state courthouses.

Highlights:
-Levies a fee of $40 on every conviction for a criminal offense, including a traffic violation, "to ensure and maintain adequate funding for court facilities" (Sec. 6.5). -Establishes the Immediate and Critical Needs Account of the State Court Facilities Construction Fund, the proceeds of which shall be used for the planning, design, construction, rehabilitation, renovation, replacement, or acquisition of court facilities (Sec. 5). -Levies a state court construction penalty of $5 for every $10 or part of $10 upon every fine, penalty, or forfeiture imposed and collected by the courts for all criminal offenses (Sec. 6). -Adds a state court construction penalty of $3.50 to every parking offense where a parking penalty, fine, or forfeiture is imposed (Sec. 6). -Allows the judge to waive all or any part of the state court construction penalty if the payment of it would create a hardship on the person convicted or his or her immediate family (Sec. 6). -Authorizes the State Public Works Board to issue up to $5 billion in bonds to finance the planning, design, construction, rehabilitation, renovation, replacement, leasing, or acquisition of court facilities (Sec. 7). -Establishes a fee of $355 for filing the first paper in a civil action or proceeding in the superior court other than in a limited civil case, an adoption proceeding, or a proceeding under the Family code, for filing the first petition for letters of administration, for filing objections to a petition, for filing petitions concerning the internal affairs of a trust, and for filing a petition for appointment of a conservator or guardian of an estate (Sec. 10, 11, 15, 16, 17, 18, 20). -Establishes a fee of $330 for filing the first paper or notice of appeal in a limited civil case unless the amount demanded is $10,000 or less, in which case the fee is $205 (Sec. 12-14).
Note:

NOTE: A BILL WITH AN URGENCY CLAUSE REQUIRES A TWO-THIRDS VOTE OF EACH CHAMBER OF THE LEGISLATURE FOR THE CLAUSE TO PASS. IF PASSED, THE BILL GOES INTO EFFECT IMMEDIATELY UPON ENACTMENT.

Legislation - Introduced (Senate) -

Title: Financing Courthouse Construction

Sponsors

  • Don Perata (CA - D) (Out Of Office)

Co-sponsors

  • Dave Jones (CA - D) (Out Of Office)
  • Sheila James Kuehl (CA - D) (Out Of Office)
  • Mark Ridley-Thomas (CA - D) (Out Of Office)
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