An act to amend Sections 411.20, 411.20.5, and 411.21 of, and to add Section 411.11 to, the Code of Civil Procedure, and to amend Section 6159 of the Government Code, relating to civil actions.
Summary
AB 1951 updates California court-fee collection rules to expressly cover modern payment methods, including credit cards, electronic funds transfers, and other court-approved electronic payments. It extends existing procedures for returned or partially paid filing fees so that they apply not only to checks, but also to card payments and electronic transfers. The bill also defines “electronic funds transfer” and related ACH terms for purposes of the filing-fee statutes.
The bill also revises the rules for electronic filing service providers. If e-filing fees remain unpaid after notice, the clerk must notify the attorney of record or self-represented party that sanctions may be imposed, and if the fees remain unpaid after 20 days, the clerk must follow the voiding/refund procedures and refund the electronic filing service provider. The measure further clarifies that these rules apply to self-represented litigants, not just attorneys, and it preserves existing refund and administrative-charge provisions for partial payments and returned payments.
Impact
AB 1951 would amend the Code of Civil Procedure and Government Code provisions governing civil filing fees, returned payments, partial payments, administrative charges, and e-filing fee collection. It expands the statutory payment framework to include credit cards and electronic funds transfers, authorizes courts to treat returned electronic payments similarly to returned checks, and clarifies refund and voiding procedures when filing fees are not fully paid. It also amends Government Code Section 6159 to align court payment authority with electronic payment methods and e-filing service provider practices.
Sentiment
The bill appears to have broad support and little visible opposition. Committee and floor votes listed in the record were unanimous, and the measure was advanced to the consent calendar, suggesting it was viewed as a technical or administrative update rather than a controversial policy change. No committee transcript excerpts were provided, so there is no recorded debate in the supplied materials.
Contention
No major points of contention are evident in the provided record. The main policy issues implicit in the bill are administrative: whether courts should treat credit card and electronic funds transfer failures the same as returned checks, and whether self-represented parties should be subject to the same e-filing fee-notice and sanction procedures as attorneys. The unanimous votes suggest these issues were not politically divisive in the available proceedings.
In general provisions, further providing for definitions; and, in licensing of drivers, further providing for issuance and content of driver's license and for carrying and exhibiting driver's license on demand.
In general provisions, further providing for definitions; and, in licensing of drivers, further providing for issuance and content of driver's license and for carrying and exhibiting driver's license on demand.