Chapter 2Fees
Section § 6100
This law says that government officers in California can't do their official duties unless the required fees are paid, unless another rule in this chapter makes an exception.
However, notaries public are generally allowed to notarize documents for free if they choose, unless they are required by law to send their fees to a public agency or the state.
Section § 6101
This law states that you don't have to pay any fees when you're involved in habeas corpus cases. Habeas corpus is a legal process that questions whether someone is being held in jail legally.
Section § 6103
This law states that public entities like the state, counties, cities, and other government subdivisions, including public officials acting in their official capacity, do not have to pay fees for filing documents or official services in court. Exceptions include civil jury fees and when officials are dealing with private assets within their jurisdiction. It also specifies that public agencies are not charged for court reporters' services, and these costs can be recovered in line with another law, Section 6103.5. Additionally, this rule covers probate referees involved in estate administration.
Section § 6103.1
This law states that the rules in Section 6103, which likely involve waivers or discounts for government-related service fees, do not apply to fees for official services that are part of specific sections of the Water Code. These sections cover detailed regulations and services in water management and use.
Section § 6103.10
This law states that certain fees or charges typically exempt under Section 6103 must still be paid when dealing with the Director of Toxic Substances Control and the California Department of Tax and Fee Administration as outlined in specific sections of the Health and Safety Code. There are exceptions to this rule as specified in other parts of the Health and Safety Code. This rule became effective on January 1, 2022.
Section § 6103.11
This law states that the usual rules in Section 6103 about not having to pay certain fees or charges do not apply to fees or charges for official services required under Title 7.3 starting from Section 66700.
Section § 6103.12
This law states that certain fees charged by county officials like the county clerk, county recorder, or court clerk are not affected by Section 6103. Specifically, it refers to fees related to Sections 17980.1 or 17980.2 of the Health and Safety Code.
Section § 6103.2
This law clarifies that certain fees related to work done by sheriffs or marshals, like enforcing court orders, do not fall under previous fee rules. Instead, these fees must be prepaid or advanced. Public agencies or anyone needing these services must pay upfront unless it's about child support established by the district attorney or certain protective orders, like those against domestic violence or elder abuse. In these cases, prepayment is not required.
The sheriff or marshal can bill the superior court for their fees regardless of a party's financial status according to specific court rules. Any service fees cannot exceed set amounts in the law.
Section § 6103.3
If someone is protected by a court order or injunction, the sheriff or marshal can notify them within 24 hours after the order is served to the person being restrained. This notification can be done by phone or email if the protected person has requested it and provided their contact information.
The sheriff can use an automated statewide system to send notifications, provided that the system is available and funded. Alternatively, the sheriff can publish the service notification on their website.
If a marshal handles the service, they must inform the sheriff about the timing of the service so the sheriff can notify the protected person.
Section § 6103.4
This section explains that certain fees or charges for official services are not covered by Section 6103. Specifically, this includes fees related to various environmental and water safety regulations. These exceptions cover programs like the Environmental Laboratory Accreditation Act, the California Safe Drinking Water Act, and the Safe Drinking Water State Revolving Fund Law, among others. The fees required for services under these specific acts and sections of health and safety codes are not waived by Section 6103.
Section § 6103.5
This law outlines what happens when a judgment involves a public agency and there's no fee paid initially for court services under a specific provision. If a judgment is recovered by a public agency, the court clerk will include the costs of services like filing and service of process in the judgment amount, unless for certain actions like forfeiture or quiet title cases.
When these costs are collected, they are paid to the clerk and serving officer. If not paid within 45 days, the court can issue a writ to collect the fees plus additional costs. The court can set a fee up to $25 for administering this process. It's up to the public agency to decide if they want to collect unpaid filing fees and notify the clerk accordingly.
Section § 6103.6
Section 6103.6 explains that Section 6103 doesn't cover certain fees or charges. Specifically, cities and counties can set reasonable fees to cover inspection costs for work done on streets or highways. These fees apply whether the work is done under franchise, law, or other agreements and must be nondiscriminatory. Additionally, cities and counties can charge fees for insurance to cover liability related to such work. However, this section does not allow fees for simply issuing permits, nor does it permit charging fees from the State.
Section § 6103.7
This law says that cities, counties, or districts in California can charge reasonable fees for inspecting building projects, as long as the fees aren't biased. These fees help cover inspection costs. It also allows charging for checking construction plans, whether the government does it or hires someone else. However, the law doesn't let them charge just for issuing permits or charge the state government agencies if those services are already legally done by another agency.
Section § 6103.8
This law section clarifies that certain standard fee exemptions do not apply to fees or charges for recording specific documents such as full releases of liens and notices of state tax liens. It specifies that fees for these recordings are set by a different section of the Government Code, specifically Section 27361.3. Additionally, it outlines the billing process for state taxing agencies, requiring quarterly billing that references the release or notice certificate number. The section also touches on the fees related to agreements to reimburse counties for public aid and releases of judgments in favor of government agencies.
Section § 6103.9
This law means that local child support agencies and district attorneys in California do not have to pay any fees, such as filing or service fees, when they are involved in cases related to setting up or enforcing child or spousal support obligations.
If there are any direct costs for the court or county in these cases, they can be paid back as long as there is an agreed plan of cooperation. However, this reimbursement will not cover filing fees. A plan of cooperation is an agreement between the court and the Administrative Office of the Courts to handle costs for clerical and administrative support.
Section § 6104
Section § 6105
This law states that when a person needs to provide an oath or affidavit to receive charity or relief from government agencies, whether at the federal, state, or local level, they should not be charged any fees for taking that oath.
Section § 6106
This law prohibits the State of California, any county, city, or public official from charging fees for services related to pensions. This includes helping with affidavits or applications for getting a pension or paying a pension voucher.
Section § 6107
This law prohibits public entities and their employees from charging fees for handling records related to military service, such as discharge and service certificates, when these are used for military or veteran benefits claims. It specifies that these records can only be accessed by certain parties, including the subject of the records, their family or legal representative, appropriate government offices, or U.S. officials, often requiring photo ID or written requests.
Furthermore, if these records are requested by mail, fax, or digital means, the request must be accompanied by a legible notarized statement confirming the requester's eligibility to receive them. Additionally, certain details must be clear and reproducible on the notary’s seal for the request to be processed. Failure by officials to provide these services can result in liability.
Section § 6108
This law states that county or judicial district officers in California cannot charge any fees for administering or certifying the oath of office, or for filing or swearing to any claims or demands against a county.
Section § 6109
If you're paying fees to a county or judicial officer for their official duties, you can ask them for a detailed written account of what each fee is for, and they must give you a receipt. If they refuse or fail to provide this upon request, they may have to pay you three times the amount of the fees you paid.
Section § 6110
If an officer is paid the necessary fees, they are required to perform their duties. If they don't, they can be held accountable through their official bond, which is a form of insurance that covers misconduct or negligence.
Section § 6111
Starting July 1, 2021, any unpaid court costs under certain sections of the law are considered unenforceable and uncollectible. This means these costs cannot be collected anymore and any judgments imposing them must be nullified.