SECTIONS 6100-6110 - California Statutes

GOVERNMENT CODE

SECTION 6100-6110

6100. Officers of the state, or of a county or judicial district,
shall not perform any official services unless upon the payment of
the fees prescribed by law for the performance of the services,
except as provided in this chapter.
This section shall not be construed to prohibit any notary public,
except a notary public whose fees are required by law to be remitted
to the state or any other public agency, from performing notarial
services without charging a fee.

6101. No fee shall be charged in proceedings upon habeas corpus.

6103. Neither the state nor any county, city, district, or other
political subdivision, nor any public officer or body, acting in his
or her official capacity on behalf of the state, or any county, city,
district, or other political subdivision, shall pay or deposit any
fee for the filing of any document or paper, for the performance of
any official service, or for the filing of any stipulation or
agreement that may constitute an appearance in any court by any other
party to the stipulation or agreement. This section does not apply
to civil jury fees or civil jury deposits. This section does not
apply to the State Compensation Insurance Fund or where a public
officer is acting with reference to private assets or obligations
that have come under that officer's jurisdiction by virtue of his or
her office, or where it is specifically provided otherwise. No fee
shall be charged for the filing of a confession of judgment in favor
of any of the public agencies named in this section.
No fee shall be charged any of the public agencies named in this
section to defray the costs of reporting services by court reporters.
Such fees shall be recoverable as costs as provided in Section
6103.5.

6103.1. Section 6103 does not apply to any fee or charge for
official services required by Parts 2 (commencing with Section 1200)
3 (commencing with Section 2000), and 4 (commencing with Section
4000) of Division 2 of the Water Code.

6103.2. (a) Section 6103 does not apply to any fee or charge or
expense for official services rendered by a sheriff or marshal in
connection with the levy of writs of attachment, execution,
possession, or sale. The fee, charge, or expense may be advanced to
the sheriff or marshal, as otherwise required by law.
(b) (1) Notwithstanding Section 6103, the sheriff or marshal, in
connection with the service of process or notices, may require that
all fees which a public agency, or any person or entity, is required
to pay under provisions of law other than this section, be prepaid by
a public agency named in Section 6103, or by any person or entity,
prior to the performance of any official act. This authority to
require prepayment shall include fees governed by Section 6103.5.
(2) This subdivision does not apply to the service of process or
notices in any action by the district attorney's office for the
establishment or enforcement of a child support obligation.
(3) This subdivision does not apply to a particular jurisdiction
unless the sheriff or marshal, as the case may be, imposes the
requirement of prepayment upon public agencies and upon all persons
or entities within the private sector.
(4) The requirement for prepayment of a fee deposit does not apply
to orders or injunctions described in paragraph (1) of subdivision
(q) of Section 527.6 and Section 527.8 of the Code of Civil
Procedure, Division 10 (commencing with Section 6200) of the Family
Code (Prevention of Domestic Violence), and Chapter 11 (commencing
with Section 15600) of Part 3 of Division 9 of the Welfare and
Institutions Code (Elder Abuse and Dependent Adult Civil Protection
Act).
However, a sheriff or marshal may submit a billing to the superior
court for payment of fees in the manner prescribed by the Judicial
Council irrespective of the in forma pauperis status of any party
under Rules 3.50 to 3.63, inclusive, of the California Rules of
Court. The fees for service, cancellation of service, and making a
not found return may not exceed the amounts provided in Sections
26721, 26736, and 26738, respectively, and are subject to the
provisions of Section 26731.

6103.2. (a) Section 6103 does not apply to any fee or charge or
expense for official services rendered by a sheriff or marshal in
connection with the levy of writs of attachment, execution,
possession, or sale. The fee, charge, or expense may be advanced to
the sheriff or marshal, as otherwise required by law.
(b) (1) Notwithstanding Section 6103, the sheriff or marshal, in
connection with the service of process or notices, may require that
all fees which a public agency, or any person or entity, is required
to pay under provisions of law other than this section, be prepaid by
a public agency named in Section 6103, or by any person or entity,
prior to the performance of any official act. This authority to
require prepayment shall include fees governed by Section 6103.5.
(2) This subdivision does not apply to the service of process or
notices in any action by the district attorney's office for the
establishment or enforcement of a child support obligation.
(3) This subdivision does not apply to a particular jurisdiction
unless the sheriff or marshal, as the case may be, imposes the
requirement of prepayment upon public agencies and upon all persons
or entities within the private sector.
(4) The requirement for prepayment of a fee deposit does not apply
to orders or injunctions described in paragraph (1) of subdivision
(x) of Section 527.6, paragraph (1) of subdivision (w) of Section
527.8, or paragraph (1) of subdivision (w) of Section 527.85 of the
Code of Civil Procedure, Division 10 (commencing with Section 6200)
of the Family Code (Prevention of Domestic Violence), and Chapter 11
(commencing with Section 15600) of Part 3 of Division 9 of the
Welfare and Institutions Code (Elder Abuse and Dependent Adult Civil
Protection Act).
However, a sheriff or marshal may submit a billing to the superior
court for payment of fees in the manner prescribed by the Judicial
Council irrespective of the in forma pauperis status of any party
under Rules 3.50 to 3.63, inclusive, of the California Rules of
Court. The fees for service, cancellation of service, and making a
not found return may not exceed the amounts provided in Sections
26721, 26736, and 26738, respectively, and are subject to the
provisions of Section 26731.

6103.3. (a) For any order or injunction for which the sheriff or
marshal provides service of process and is prohibited under paragraph
(4) of subdivision (b) of Section 6103.2 from requiring payment of a
fee, the sheriff or marshal may notify the protected person by
electronic or telephonic means within 24 hours after service of
process that the order or injunction has been served on the
restrained person, including the date and time when the order or
injunction was served, if the protected person has requested this
notification and has registered a telephone number or e-mail address
at which the protected person may be contacted for this purpose.
(b) The sheriff may provide the notification described in
subdivision (a) via an automated statewide victim information and
notification system if the sheriff has access to that system, his or
her county participates in that system, and local, state, or federal
funds are made available for the operation of that system.
(c) If the sheriff participates in the notification program
authorized under this section and the service of process is provided
by a marshal, the marshal shall promptly inform the sheriff of the
date and time when the order or injunction was served, and the
sheriff shall provide the notice described in subdivision (a) to the
protected person.
(d) This section applies only to orders or injunctions described
in paragraph (1) of subdivision (q) of Section 527.6 and Section
527.8 of the Code of Civil Procedure, Division 10 (commencing with
Section 6200) of the Family Code (Prevention of Domestic Violence),
and Chapter 11 (commencing with Section 15600) of Part 3 of Division
9 of the Welfare and Institutions Code (Elder Abuse and Dependent
Adult Civil Protection Act).

6103.4. Section 6103 does not apply to any fee or charge for
official services required by Section 100860 of the Health and Safety
Code, or Part 5 (commencing with Section 4999) of Division 2, or
Division 7 (commencing with Section 13000), of the Water Code.

6103.5. (a) Whenever a judgment is recovered by a public agency
named in Section 6103, either as plaintiff or petitioner or as
defendant or respondent, in any action or proceeding to begin, or to
defend, which under the provisions of Section 6103 no fee for any
official service rendered by the clerk of the court, including, but
not limited to, the services of filing, certifying, and preparing
transcripts, nor fee for service of process or notices by a sheriff
or marshal has been paid, other than in a condemnation proceeding,
quiet title action, action for the forfeiture of a fish net or nets
or action for the forfeiture of an automobile or automobiles, the
clerk entering the judgment shall include as a part of the judgment
the amount of the filing fee, and the amount of the fee for the
service of process or notices which would have been paid but for
Section 6103, designating it as such. The clerk entering the judgment
shall include as part of the judgment the amount of the fees for
certifying and preparing transcripts if the court has, in its
discretion, ordered those fees to be paid.
(b) When an amount equal to the clerk's fees and the fees for
service of process and notices is collected upon a judgment pursuant
to subdivision (a), those amounts shall be due and payable to the
clerk and the serving officer respectively. The clerk shall ascertain
from the serving officer's return the amount of fees he or she would
have charged had it not been for the provisions of Section 6103.
Remittances of the amounts so due shall be made within 45 days by the
fiscal officer of the plaintiff or petitioner or respondent or
defendant in the action or proceeding unless those fees have been
collected by the levying officer and remitted to the court. No
interest shall be computed or charged on the amount of the fee. If
the judgment pursuant to subdivision (a) consists only of the amount
of the filing fee, it shall be at the public agency's discretion
whether to seek collection. If the public agency determines not to
seek collection of the filing fee, it shall notify the clerk and no
further action as provided for in this section may be brought against
the public agency.
(c) If the remittance is not received within 45 days of the filing
of a partial satisfaction of judgment in an amount at least equal to
the fees due to the clerk or a satisfaction of judgment has been
filed, notwithstanding any other provision of law and except as
provided in subdivision (b), the court may issue a writ of execution
for recovery from the public agency of those fees plus the fees for
issuance and execution of the writ plus a fee for administering this
section.
(d) The superior court shall set a fee, not to exceed the actual
costs of administering this section, up to a maximum of twenty-five
dollars ($25), which shall be added to the writ of execution.

6103.6. Section 6103 does not apply to any fee or charge for
official services established by a city or county ordinance as a
reasonable and nondiscriminatory inspection fee to defray the costs
of the inspection by such city or county of work done in, under, on
or about any city or county street or highway, whether such work is
done pursuant to franchise, statutory authority, or otherwise.
Section 6103 does not apply to a reasonable and nondiscriminatory fee
or charge established by a city or county ordinance to defray the
costs of insuring such city or county against liability for injury or
death to persons and damage to property resulting from such work in
streets and highways. This section does not authorize a fee or charge
for the mere issuance of a permit to do such work, nor does this
section authorize the assessment against, or collecting of, any fee
or charge from the State.

6103.7. Section 6103 does not apply to any fee or charge for
official services established by a city, county, city and county, or
district as a reasonable and nondiscriminatory inspection fee to
defray the costs of the inspection by such city, county, city and
county, or district of building construction work performed within
the boundaries of such city, county, city and county, or district,
whether such work is done pursuant to franchise, statutory authority,
or otherwise. Section 6103 does not apply to a reasonable and
nondiscriminatory fee or charge established by a city, county, city
and county, or district ordinance to defray the costs of providing
plan-checking services to any applicant, whether such plan-checking
services are performed by the city, county, city and county, or
district having jurisdiction over the construction or are contracted
by such city, county, city and county, or district to an independent
plan-checking firm. This section does not authorize a fee or charge
for the mere issuance of a permit to do such work, nor does this
section authorize the assessment against, or collecting of any fee or
charge from, the state or its agencies when, and to the extent that,
such inspection or services are otherwise required by law, to be,
and are in fact, performed by another governmental agency.

6103.8. (a) Sections 6103 and 27383 do not apply to any fee or
charge for recording full releases executed or recorded pursuant to
Section 7174 of the Government Code, Sections 4608 and 5003.7 of the
Public Resources Code, and Sections 2194, 11496, 12494, and 32362 of
the Revenue and Taxation Code, where there is full satisfaction of
the amount due under the lien which is released.
(b) The fee for recording full releases listed in subdivision (a)
shall be six dollars ($6).
(c) In the case of full releases recorded by the state taxing
agency pursuant to Section 7174 of the Government Code, the recording
agency shall be billed quarterly or, at the option of the agency, at
more frequent intervals. All billing shall refer to the agency
certificate number of the recorded releases.
(d) The fee for recording full releases for any document relating
to an agreement to reimburse a county for public aid granted by the
county shall be six dollars ($6).
(e) The fee for filing any release of judgment which was in favor
of a government agency and recorded pursuant to Section 6103 or 27383
shall be six dollars ($6).
(f) Sections 6103 and 27383 do not apply to any fee or charge for
recording a notice of state tax lien under subdivision (d) of Section
7171 or a certificate of release under subdivision (h) of Section
7174.
(g) The fee for recording a notice of state tax lien pursuant to
subdivision (d) of Section 7171 and a certificate of release under
subdivision (h) of Section 7174 shall be as permitted by Sections
27361, 27361.2, 27361.4, and 27361.8.
(h) In the case of recording a notice of state tax lien pursuant
to subdivision (f) or a certificate of release pursuant to
subdivision (f), the recording agency shall be billed quarterly or at
the option of the agency at more frequent intervals. All billing
shall refer to the agency notice or certificate number.

6103.9. (a) Notwithstanding any other provision of law, except as
provided in this section, the local child support agency and the
district attorney shall be exempt from the payment of any fees,
including fees for service of process and filing fees, in any action
or proceeding brought for the establishment of a child support
obligation or the enforcement of a child or spousal support
obligation.
(b) A court or county may be reimbursed for those direct costs
related to the establishment of a child support obligation or the
enforcement of a child or spousal support obligation which have been
agreed to pursuant to a plan of cooperation. Any reimbursement
pursuant to a plan of cooperation shall not include any amount which
is payable as a filing fee.
(c) For purposes of this section, a "plan of cooperation" includes
an agreement entered into by a court and the Administrative Office
of the Courts of the California Judicial Council which provides for
reimbursement for the cost of providing clerical and administrative
support furnished by the court.

6103.10. Section 6103 does not apply to any fee or charges required
to be paid to the State Director of Health Services or to the State
Board of Equalization pursuant to Chapter 6.5 (commencing with
Section 25100) of, and Chapter 6.8 (commencing with Section 25300)
of, Division 20 of the Health and Safety Code, except as otherwise
provided in paragraph (1) of subdivision (a) of Section 25174.7,
subdivision (b) of Section 25205.1, subdivision (n) of Section
25205.7, subdivision (d) of Section 25205.8, and subdivision (e) of
Section 25205.9.

6103.11. Section 6103 does not apply to any fee or charge for
official services required by Title 7.3 (commencing with Section
66700).

6103.12. Section 6103 does not apply to any fee charged by a county
clerk or county recorder, or clerk of the court, pursuant to Section
17980.1 or 17980.2 of the Health and Safety Code.

6104. Whenever an oath or affidavit is necessary in order that the
State or any political subdivision thereof may recover funds or
property due the State or political subdivision, no fee shall be
charged for the taking of the oath.

6105. Whenever an oath or affidavit is necessary in order that a
person may obtain charity or relief from any agency or department of
the United States, the State or any political subdivision thereof, no
fee shall be charged for the taking of the oath.

6106. Neither the State, nor any county or city, nor any public
officer or body acting in his official capacity on behalf of the
State, any county, or city, including notaries public, shall receive
any fee or compensation for services rendered in an affidavit, or
application relating to the securing of a pension, or the payment of
a pension voucher, or any matter relating thereto.

6107. (a) No public entity, including the state, a county, city, or
other political subdivision, nor any officer or employee thereof,
including notaries public, shall demand or receive any fee or
compensation for doing any of the following:
(1) Recording, indexing, or issuing certified copies of any
discharge, certificate of service, certificate of satisfactory
service, notice of separation, or report of separation of any member
of the Armed Forces of the United States.
(2) Furnishing a certified copy of, or searching for, any public
record that is to be used in an application or claim for a pension,
allotment, allowance, compensation, insurance (including automatic
insurance), or any other benefits under any act of Congress for
service in the Armed Forces of the United States or under any law of
this state relating to veterans' benefits.
(3) Furnishing a certified copy of, or searching for, any public
record that is required by the Veterans Administration to be used in
determining the eligibility of any person to participate in benefits
made available by the Veterans Administration.
(4) Rendering any other service in connection with an application
or claim referred to in paragraph (2) or (3).
(b) A certified copy of any record referred to in subdivision (a)
may be made available only to one of the following:
(1) The person who is the subject of the record upon presentation
of proper photo identification.
(2) A family member or legal representative of the person who is
the subject of the record upon presentation of proper photo
identification and certification of their relationship to the subject
of the record.
(3) A county office that provides veteran's benefits services upon
written request of that office.
(4) A United States official upon written request of that
official. A public officer or employee is liable on his or her
official bond for failure or refusal to render the services.

6108. No officer of a county or judicial district shall charge or
receive any fee or compensation for administering or certifying the
oath of office or for filing or swearing to any claim or demand
against any county in the State.

6109. Every officer of a county or judicial district, upon
receiving any fees for official duty or service, may be required by
the person paying the fees to make out in writing and to deliver to
the person a particular account of the fees. The account shall
specify for what the fees, respectively, accrued, and the officer
shall receipt it. If the officer refuses or neglects to do so when
required, he is liable to the person paying the fees in treble the
amount so paid.

6110. Upon payment of the fees required by law, the officer shall
perform the services required. For every failure or refusal to do so,
the officer is liable upon his official bond.