CALIFORNIA STATUTES AND CODES
SECTIONS 26820-26861
GOVERNMENT CODE
SECTION 26820-26861
26820. The county clerk shall charge and collect the fees fixed in
this article for service performed by the clerk, when not otherwise
provided by law.
26831. The county clerk may charge a reasonable fee to cover the
cost of preparing copies of any record, proceeding, or paper on file
in his or her office.
26833. The fee for certifying to a copy of any paper, record, or
proceeding on file in the office of the county clerk is one dollar
and seventy-five cents ($1.75).
26836. For every certificate the fee for which is not otherwise
fixed, the fee is one dollar and seventy-five cents ($1.75).
26837. For comparing with the original on file in the office of the
county clerk, the copy of any paper, record, or proceeding prepared
by another and presented for his or her certificate, the fee is fifty
cents ($0.50) a page, in addition to the fee for the certificate.
26839. For an exemplification of a record or other paper on file,
the fee is twenty dollars ($20) and the charges allowed for copying
or comparing.
26840. The fee for issuing a marriage license is ten dollars ($10),
to be collected at the time it is issued. One dollar ($1) of this
fee shall be paid to the county recorder, one dollar ($1) of this fee
shall be paid to the county clerk, and one dollar ($1) of this fee
shall be paid to the State Registrar of Vital Statistics and seven
dollars ($7) of this fee shall be disposed of pursuant to the
provisions of Section 54 of Chapter 120, Statutes of 1966, First
Extraordinary Session. In counties where the salary of the county
recorder is the sole compensation allowed by law, this fee shall be
paid to the county treasurer who shall credit one dollar ($1) to the
county recorder and shall pay one dollar ($1) to the State Registrar
of Vital Statistics. The fee provided by this section is in full for
all services of the clerk and recorder in connection with the
issuance of a marriage license and the filing of a certificate of
registry of marriage.
26840.1. (a) The fee for filing a marriage certificate pursuant to
Part 4 (commencing with Section 500) of Division 3 of the Family Code
is fourteen dollars ($14), to be collected at the time an
authorization for the performance of the marriage is issued or a
blank authorization form is obtained from the county clerk pursuant
to Part 4 (commencing with Section 500) of Division 3 of the Family
Code. Four dollars ($4) of the fee shall be paid to the State
Registrar of Vital Statistics. One dollar ($1) of the fee shall be
paid to the county treasurer and shall be used to defray any local
costs incurred pursuant to Part 4 (commencing with Section 500) of
Division 3 of the Family Code.
(b) Notwithstanding subdivision (a), in addition to the amount
authorized by subdivision (a) the county clerk may impose an
additional amount, not to exceed three dollars ($3), if he or she
determines that the additional amount is necessary to defray local
costs.
26840.2. Whenever the board of supervisors of a county makes
provision by ordinance for the issuance of marriage licenses outside
of the normal business hours, the board may establish a fee, in
addition to that provided in Section 26840, not to exceed five
dollars ($5), which shall be paid to the county treasury.
26840.3. (a) For the support of the family conciliation court or
for conciliation and mediation services provided pursuant to Chapter
11 (commencing with Section 3160) of Part 2 of Division 8 of the
Family Code, to provide all space costs and indirect overhead costs
from other sources, the board of supervisors in any county may
increase:
(1) The fee for issuing a marriage license, by an amount not to
exceed five dollars ($5).
(2) The fee for issuing a marriage certificate pursuant to Part 4
(commencing with Section 500) of Division 3 of the Family Code, by an
amount not to exceed five dollars ($5).
(b) The county shall distribute the moneys received under
subdivision (a) to the court to be used exclusively to pay the costs
of maintaining the family conciliation court or conciliation and
mediation services provided pursuant to Chapter 11 (commencing with
Section 3160) of Part 2 of Division 8 of the Family Code.
26840.7. In addition to the fee prescribed by Section 26840 and as
authorized by Section 26840.3, the county clerk shall collect a fee
of twenty-three dollars ($23) at the time of issuance of the license.
The fee shall be disposed of by the clerk pursuant to Chapter 5
(commencing with Section 18290) of Part 6 of Division 9 of the
Welfare and Institutions Code. Of this amount, four dollars ($4)
shall be used, to the extent feasible, to develop or expand domestic
violence shelter-based programs to target underserved areas and
populations.
26840.8. In addition to the fee prescribed by Section 26840.1 and
as authorized by Section 26840.3, the person issuing an authorization
for the performance of a marriage pursuant to Part 4 (commencing
with Section 500) of Division 3 of the Family Code or the county
clerk, upon providing a blank authorization form pursuant to Part 4
(commencing with Section 500) of Division 3 of the Family Code, shall
collect a fee of twenty-three dollars ($23) at the time of providing
the authorization. The fee shall be disposed of pursuant to Chapter
5 (commencing with Section 18290) of Part 6 of Division 9 of the
Welfare and Institutions Code. Of this amount, four dollars ($4)
shall be used, to the extent feasible, to develop or expand domestic
violence shelter-based programs to target underserved areas and
populations.
26840.10. (a) The Alameda County Board of Supervisors, upon making
findings and declarations on the need for governmental oversight and
coordination of the multiple agencies dealing with domestic violence,
may authorize an increase in the fees for marriage licenses and
confidential marriage licenses, up to a maximum increase of two
dollars ($2).
(b) Effective July 1 of each year, the Alameda County Board of
Supervisors may authorize an increase in these fees by an amount
equal to the increase in the Consumer Price Index for the San
Francisco metropolitan area for the preceding calendar year, rounded
to the nearest half-dollar ($0.50). The fees shall be allocated
pursuant to Section 18309 of the Welfare and Institutions Code.
(c) In addition to the fee prescribed by Section 26840.1, in
Alameda County, the person issuing authorization for the performance
of a marriage or confidential marriage, or the county clerk upon
providing a blank authorization form pursuant to Part 4 (commencing
with Section 500) of Division 3 of the Family Code, shall collect the
fees specified in subdivisions (a) and (b), at the time of providing
the authorization.
(d) If it elects to increase fees pursuant to this section, the
Alameda County Board of Supervisors shall submit to the Assembly and
Senate Committees on Judiciary a preliminary report no later than
July 1, 2009, and a final report no later than July 1, 2014. Both
reports shall contain the following information:
(1) The annual amounts of funds received and expended from fee
increases for the purpose of governmental oversight and coordination
of domestic violence prevention, intervention, and prosecution
efforts in the county.
(2) Outcomes achieved as a result of the activities associated
with the implementation of this section.
(e) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
26840.10. (a) The Alameda County Board of Supervisors, upon making
findings and declarations for the need for governmental oversight and
coordination of the multiple agencies dealing with domestic
violence, may authorize an increase in the fees for marriage licenses
and confidential marriage licenses, up to a maximum increase of two
dollars ($2).
(b) Effective July 1 of each year, the Alameda County Board of
Supervisors may authorize an increase in these fees by an amount
equal to the increase in the Consumer Price Index for the San
Francisco metropolitan area for the preceding calendar year, rounded
to the nearest half-dollar ($0.50). The fees shall be allocated
pursuant to Section 18309 of the Welfare and Institutions Code.
(c) In addition to the fee prescribed by Section 26840.1, in
Alameda County, the person issuing authorization for the performance
of a marriage or confidential marriage, or the county clerk upon
providing a blank authorization form pursuant to Part 4 (commencing
with Section 500) of Division 3 of the Family Code, shall collect the
fees specified in subdivisions (a) and (b), at the time of providing
the authorization.
(d) This section shall become operative on January 1, 2015.
26840.11. (a) The Solano County Board of Supervisors, upon making
findings and declarations for the need for governmental oversight and
coordination of the multiple agencies dealing with domestic
violence, may authorize an increase in the fees for marriage licenses
and confidential marriage licenses, up to a maximum increase of two
dollars ($2).
(b) Effective July 1 of each year, the Solano County Board of
Supervisors may authorize an increase in these fees by an amount
equal to the increase in the Consumer Price Index for the San
Francisco metropolitan area for the preceding calendar year, rounded
to the nearest one-half dollar ($0.50). The fees shall be allocated
pursuant to Section 18309.5 of the Welfare and Institutions Code.
(c) In addition to the fee prescribed by Section 26840.1, in
Solano County, the person issuing authorization for the performance
of a marriage or confidential marriage, or the county clerk upon
providing a blank authorization form pursuant to Part 4 (commencing
with Section 500) of Division 3 of the Family Code, shall collect the
fees specified in subdivisions (a) and (b), at the time of providing
the authorization.
(d) The Solano County Board of Supervisors shall submit to the
Assembly and Senate Committees on Judiciary, no later than July 1,
2009, a report containing the following information:
(1) The annual amounts of funds received and expended from fee
increases for the purpose of governmental oversight and coordination
of domestic violence prevention, intervention, and prosecution
efforts in the county.
(2) Outcomes achieved as a result of the activities associated
with the implementation of this section.
(e) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
26840.12. (a) The Sonoma County Board of Supervisors, upon making
findings and declarations on the need for governmental oversight and
coordination of the multiple agencies dealing with domestic violence,
may authorize an increase in the fees for marriage licenses and
confidential marriage licenses, up to a maximum increase of two
dollars ($2).
(b) Effective July 1 of each year, the Sonoma County Board of
Supervisors may authorize an increase in these fees by an amount
equal to the increase in the Consumer Price Index for the San
Francisco metropolitan area for the preceding calendar year, rounded
to the nearest one-half dollar ($0.50). The fees shall be allocated
pursuant to Section 18309.6 of the Welfare and Institutions Code.
(c) In addition to the fee prescribed by Section 26840.1, in
Sonoma County, the person issuing authorization for the performance
of a marriage or confidential marriage, or the county clerk upon
providing a blank authorization form pursuant to Part 4 (commencing
with Section 500) of Division 3 of the Family Code, shall collect the
fees specified in subdivisions (a) and (b), at the time of providing
the authorization.
(d) The Sonoma County Board of Supervisors shall submit to the
Assembly and Senate Committees on Judiciary a preliminary report no
later than July 1, 2013, and a final report no later than July 1,
2014. Both reports shall contain the following information:
(1) The annual amounts of funds received and expended from fee
increases for the purpose of governmental oversight and coordination
of domestic violence prevention, intervention, and prosecution
efforts in the county.
(2) Outcomes achieved as a result of the activities associated
with the implementation of this section.
(e) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
26847. The fee for making a record of a certificate of revivor is
two dollars ($2).
26849.1. The fee for filing, canceling, revoking, or withdrawing
the bond of a notary public is seven dollars ($7).
The recording fee for the notice of cancellation, revocation, or
withdrawal and any related document by the surety shall be paid to
the county clerk, who shall transmit it to the county recorder.
26850. For filing and indexing all papers for which a charge is not
elsewhere provided, other than papers filed in actions or special
proceedings, official bonds, or certificates of appointment, the fee
is two dollars and twenty-five cents ($2.25).
26851. For either recording or registering any license or
certificate or issuing any certificate, or both, in connection with a
license, required by law for which a charge is not otherwise
prescribed, the fee is two dollars and twenty-five cents ($2.25).
26852. The fee for each certificate to the official capacity of any
public official is two dollars and twenty-five cents ($2.25).
26853. The fee for taking an affidavit, except in criminal cases or
adoption proceedings, is two dollars and twenty-five cents ($2.25).
26854. The fee for searching records or files is five dollars ($5)
for each file.
26855. The fee for taking acknowledgment of any deed or other
instrument, including the certificate, is two dollars and twenty-five
cents ($2.25) for each signature.
26855.1. The fee for filing a power of attorney for an admitted
surety insurer, or a notice of cancellation, revocation, or
withdrawal of a power of attorney for an admitted surety insurer, is
three dollars and fifty cents ($3.50), or, if more than one name is
designated, two dollars and twenty-five cents ($2.25) for each name.
26855.2. The fee for filing a financial statement of an admitted
surety insurer is three dollars and fifty cents ($3.50), but nothing
in this section shall be construed to require an admitted surety
insurer to file such a statement.
26855.3. The fee for issuing a certificate pursuant to Section
995.640 of the Code of Civil Procedure is three dollars and fifty
cents ($3.50).
26857. No fee shall be charged by the clerk for service rendered to
any municipality or county in the state, or to the state or national
government, nor for any service relating thereto.
26858. No fees or other compensation shall be charged by any county
clerk for taking and certifying affidavits for pension claimants,
the payment of a pension voucher, or any matters relating thereto
under the laws of the United States.
26861. A fee of fifteen dollars ($15) may be charged for performing
a marriage ceremony pursuant to Section 401 of the Family Code,
which shall be paid into the county treasury.