SB 355 California Senate · 2021-2022 Regular Session

Court fees and costs: waiver.

Summary
Existing law requires the court to grant a fee waiver to an applicant at any stage of the proceedings at both the appellate and trial court levels if the applicant meets specified standards of eligibility and application requirements, including a person who is receiving certain public benefits, such as Supplemental Security Income or Medi-Cal, or who has a monthly income of 125% or less of the current poverty guidelines, as specified. An initial fee waiver excuses the applicant from paying, among other fees and costs, fees for the first pleading and other court fees and costs as specified in rules adopted by the Judicial Council. Existing law requires an applicant for a fee waiver to complete, under penalty of perjury, a Judicial Council application form containing specified information. This bill would additionally require a court to grant a fee waiver to an applicant who receives benefits under the California Special Supplemental Nutrition Program for Women, Infants, and Children (WIC Program) , or who receives unemployment compensation. The bill would eliminate the fee waiver for a person who has a monthly income of 125% or less of the current poverty guidelines, and instead would grant a fee waiver for an applicant who is a member of a low-income family, as defined, for the county that has the highest low-income limit in the state. The bill would require the Judicial Council to annually publish a table establishing the threshold monthly household income for this income-based fee waiver. By requiring an applicant who is requesting a fee waiver based on receiving WIC Program benefits or unemployment to complete, under penalty of perjury, a Judicial Council application form and a financial statement, this bill would expand the crime of perjury and impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Bill status passed 3 of 5 stages cleared
Introduction
Feb 2021
Committee Review
Aug 2021
Senate Passage
Jun 2021
Assembly Passage
Governor
Introduced Feb 9, 2021 Last action Sep 8, 2021
Floor votes · Senate Jun 1, 2021

How they voted

360
Passed · 1 other
Total votes 37
Jun 1, 2021
D Democratic29
29 Yea
100% Yea
R Republican8
7 Yea 1
87% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
28
Key actions
10
Committee
4
Amendments
7
Aug 26, 2021
Lower · Passed
From committee: Do pass. (Ayes 14. Noes 0.) (August 26).
lower
Jul 7, 2021
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (July 6). Re-referred to Com. on APPR.
lower
Jul 1, 2021
Lower · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
lower
Jun 29, 2021
Lower · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
lower
Jun 10, 2021
Committee
Referred to Com. on JUD.
lower
Jun 1, 2021
Upper · Passed
Read third time. Passed. (Ayes 39. Noes 0. Page 1349.) Ordered to the Assembly.
upper
May 20, 2021
Upper · Passed
Read second time and amended. Ordered to second reading.
upper
May 20, 2021
Upper · Passed
From committee: Do pass as amended. (Ayes 7. Noes 0. Page 1189.) (May 20).
upper
Mar 17, 2021
Upper · Passed
Read second time and amended. Re-referred to Com. on APPR.
upper
Mar 16, 2021
Upper · Passed
From committee: Do pass as amended and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 11. Noes 0. Page 518.) (March 16).
upper
Mar 5, 2021
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
upper
Feb 17, 2021
Committee
Referred to Com. on JUD.
upper
Feb 9, 2021
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 4 co-sponsors

Sponsors