BUSINESS AND PROFESSIONS CODE
SECTION 6320-6326
6320. All money collected for the law library in each county, must
be deposited with the treasurer of the county, who must keep the same
separate and apart in a trust fund or trust account, to be disbursed
by the board of law library trustees. Money may be disbursed only
as in this chapter provided, and only for the purposes herein
authorized.
Whenever a law library and a board of trustees to govern the same,
is in existence under the provisions of any law, other than the law
superseded by this chapter, in any county, or city and county, in
this State, money so collected shall be paid into the hands of those,
and in the manner, provided by such law.
6321. On the commencement in, or the removal to, the superior court
of any county in this state, of any civil action, proceeding, or
appeal, and on the commencement in, or removal to, the municipal
court in any county, of any civil action or proceeding, the party
instituting such proceeding, or filing the first papers, shall pay to
the clerk of the court, for the law library, on filing the first
papers, the sum of one dollar ($1) as costs, in addition to the fees
fixed by law.
6322. Thereafter, any defendant, respondent, adverse party, or
intervening party, on making a first appearance in a superior or
municipal court, or any number of defendants, respondents, or
parties, appearing jointly, shall pay to the clerk of the court, for
the law library, the sum of one dollar ($1) as costs, in addition to
the fees fixed by law.
6322.1. (a) Except in counties containing a population of 4,000,000
and over, the board of supervisors of any county may increase the
costs provided in Sections 6321 and 6322 to not more than twenty
dollars ($20) for each event therein described whenever it shall
determine that the increase is necessary to defray the expenses of
the law library. After January 1, 1995, the board of supervisors of
the county may increase those costs to an amount over twenty dollars
($20) but in no case may this increase in any year be greater than
three dollars ($3) if the board of supervisors excludes the library
fee from the definition of the "total filing fee," nor more than five
dollars ($5) 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.
Until January 1, 1994, the board of supervisors may exclude no
more than eight dollars ($8) of the increase in the law library fee
over the law library fee that was in effect on January 1, 1990, from
the definition of "total fee" under Sections 26820.6 and 72055 of the
Government Code.
In no event may the total law library fee in actions and
proceedings in which a claim for money damages falls within the
monetary jurisdiction of small claims court and is filed by an
assignee who is prohibited from filing or maintaining a claim
pursuant to Section 116.420 of the Code of Civil Procedure exceed the
law library fee in effect on January 1, 1990. To facilitate
computation of the correct fee pursuant to this section, the
complaint shall contain a declaration under penalty of perjury
executed by a party requesting a reduction in fees to the January 1,
1990, level that the case filed qualifies for the lower fee because
the claim for money damages will not exceed the monetary jurisdiction
of small claims court and is filed by an assignee of the claim.
(b) In counties containing a population of 4,000,000 and over, the
board of law library trustees may increase the costs provided in
Sections 6321 and 6322 to not more than ten dollars ($10) for each
event therein described whenever it shall determine that the increase
is necessary to defray the expenses of the law library. After
January 1, 1995, the board of supervisors of the county may increase
those costs to an amount over ten dollars ($10) but in no case may
this increase in any year be greater than two dollars ($2) if the
board of supervisors excludes the library fee from the definition of
the "total filing fee," nor more than four dollars ($4) 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.
Until January 1, 1994, the board of supervisors may exclude no
more than eight dollars ($8) of the increase in the law library fee
over the law library fee that was in effect on January 1, 1990, from
the definition of "total fee" under Sections 26820.6 and 72055 of the
Government Code.
In no event may the total law library fee in actions and
proceedings in which a claim for money damages falls within the
monetary jurisdiction of small claims court and is filed by an
assignee who is prohibited from filing or maintaining a claim
pursuant to Section 116.420 of the Code of Civil Procedure exceed the
law library fee in effect on January 1, 1990. To facilitate
computation of the correct fee pursuant to this section, the
complaint shall contain a declaration under penalty of perjury
executed by a party requesting a reduction in fees to the January 1,
1990, level that the case filed qualifies for the lower fee because
the claim for money damages will not exceed the monetary jurisdiction
of small claims court and is filed by an assignee of the claim.
(c) Notwithstanding any other provision of law, any increase or
decrease in costs of law library fees in any county shall not be
effective until January 1 of the year next following adoption by the
board of supervisors or the law library board of trustees of the
increase or decrease, except that any fee increase adopted by a board
of supervisors in 1990 in accordance with subdivision (a) or (b) may
be immediately implemented in accordance with the resolution of the
board of supervisors.
6323. Such costs shall not be collected, however, in small claims
courts, nor shall they be collected on the filing of a petition for
letters of adoption, or the filing of a disclaimer.
6324. The board of supervisors of any county may set apart from the
fees collected by the county clerk, sums not exceeding one thousand
two hundred dollars ($1,200) in any one fiscal year, to be paid by
the county clerk into the law library fund in addition to the moneys
otherwise provided to be deposited in that fund by law. The board of
supervisors may also appropriate from the county treasury for law
library purposes such additional sums as may in their discretion
appear proper. When so paid into the law library fund, such sums
shall constitute a part of the fund and be used for the same
purposes.
6325. (a) The orders and demands of the trustees of the law
library, when duly made and authenticated as hereinafter provided,
shall be verified and audited by the auditing officer, and paid by
the treasurer of the county out of the law library fund. Full entry
and record shall be kept as in other cases.
(b) Notwithstanding subdivision (a), commencing July 1, 1993, the
auditing officer is not required to audit the orders and demands of
the trustees of the law library. This subdivision shall become
inoperative on July 1, 1994.
6326. A revolving fund of not more than seven thousand five hundred
dollars ($7,500) may be established from money in the law library
fund, by resolution of the board of law library trustees, for
expenditures of not exceeding seven hundred fifty dollars ($750) each
for purposes for which the law library fund may lawfully be
expended. The board shall prescribe the procedure by which money may
be drawn from the revolving fund, the records to be kept, and the
manner in which reimbursements shall be made to the revolving fund by
demand and order from the law library fund. All or any part of the
money in the revolving fund may be deposited in a commercial account
in a bank, subject to payments of not exceeding seven hundred fifty
dollars ($750) each by check on the signature of the secretary or any
other person or persons designated by the board.