BILL NUMBER: AB 648	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Jones-Sawyer

                        FEBRUARY 21, 2013

   An act to amend Section 68086 of the Government Code, relating to
courts.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 648, as introduced, Jones-Sawyer. Court reporters.
    Existing law requires the charge of an official court reporter
fee, in addition to any other fee required in civil actions or cases.
For each proceeding lasting less than one hour, a fee of $30 is
required to be charged for the reasonable cost of the services of an
official court reporter. Fees collected pursuant to this provision
may be used only to pay for services of an official court reporter in
civil proceedings.
   This bill would require the charge of a fee of $30 for each
proceeding lasting one hour or less in a civil action or case to
offset the costs of the services of official court reporters in civil
proceedings. The bill would require each party that files papers
that require the scheduling of a proceeding lasting less than one
hour to pay the fee, regardless of whether the party requests the
presence of a court reporter. The bill would require the fee to be
paid for each separate proceeding, regardless of whether the
proceedings are scheduled at the same time on the same calendar. The
bill would provide for the deposit of the fees collected into the
Trial Court Trust Fund and would provide for the distribution of
those fees, upon appropriation by the Legislature, back to the courts
in which the fees were collected.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 68086 of the Government Code is amended to
read:
   68086.   (a)    The following
provisions apply in superior court: 
   (1) 
    (a)  In addition to any other fee required in civil
actions or cases: 
   (A)
    (1)  For each proceeding lasting  less than
 one hour  or less  , a fee of thirty dollars ($30)
shall be charged  for the reasonable cost   to
offset the costs  of the services of  an 
official court  reporter   reporters in civil
proceedings  pursuant to Section 269 of the Code of Civil
Procedure. 
   (A) Each party that files papers that require the scheduling of a
proceeding described in this paragraph shall pay the fee, regardless
of whether the party requests the presence of a court reporter. The
fee shall be paid for each separate proceeding, regardless of whether
the proceedings are scheduled at the same time on the same calendar.
For case management conferences, mandatory settlement conferences,
and other proceedings initiated by the court, the fee shall be paid
by the party requesting a court reporter.  
   (B) The court shall require the fee to be paid at the time the
party files its papers or no later than the conclusion of the court
session on the day of the proceeding. The fee shall be nonrefundable
unless, due to unforeseen circumstances, the court is unable to
provide a court reporter at the scheduled proceeding.  
   (C) The fees shall be deposited into the Trial Court Trust Fund
and, upon appropriation by the Legislature, distributed back to the
courts in which the fees were collected. 
   (B) 
    (2)  For each proceeding lasting more than one hour, a
fee equal to the actual cost of providing that service shall be
charged per one-half day of services to the parties, on a pro rata
basis, for the services of an official court reporter on the first
and each succeeding judicial day those services are provided pursuant
to Section 269 of the Code of Civil Procedure. 
   (2) 
    (b)  All parties shall deposit their pro rata shares of
these fees with the clerk of the court as specified by the court, but
not later than the conclusion of each day's court session. 
   (3) 
    (c)  For purposes of this section, "one-half day" means
any period of judicial time, in excess of one hour, but not more than
four hours, during either the morning or afternoon court session.

   (4) 
    (d)  The costs for the services of the official court
reporter shall be recoverable as taxable costs by the prevailing
party as otherwise provided by law. 
   (5) 
    (e)  The Judicial Council shall adopt rules to ensure
all of the following: 
   (A) 
    (1)  That parties are given adequate and timely notice
of the availability of an official court reporter. 
   (B) 
    (2)  That if an official court reporter is not
available, a party may arrange for the presence of a certified
shorthand reporter to serve as an official pro tempore reporter, the
costs therefor recoverable as provided in  paragraph (4)
  subdivision (d)  . 
   (C) 
    (3)  That if the services of an official pro tempore
reporter are utilized pursuant to  subparagraph (B) 
 paragraph (2)  , no other charge shall be made to the
parties. 
   (b) 
    (f)  The fees collected pursuant to this section shall
be used only to pay the cost for services of an official court
reporter in civil proceedings. 
   (g) It is the intent of the Legislature to provide an incentive
for courts to use the services of an official court reporter in civil
proceedings.  
   (c)
    (h)  The Judicial Council shall report on or before
February 1 of each year to the Joint Legislative Budget Committee on
the fees collected by courts pursuant to this section and Section
68086.1 and on the total amount spent for services of official court
reporters in civil proceedings statewide in the prior fiscal year.