BILL NUMBER: AB 648 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 29, 2013
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 amended, 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 more than one hour, a
fee equal to the actual cost of providing that service is required to
be charged per 1/2 day of services
to the parties, on a pro rata basis. 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 $30 fee to be charged only to the party, or parties
if filing jointly, that filed the paper that resulted in the
proceeding being scheduled . 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 require the fee
to be charged once per case for all proceedings
conducted within the same hour if the total time taken by those
proceedings is one hour or less. 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. The bill would waive the fees for
a person who has been granted a fee waiver.
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. The following provisions apply in superior court:
(a) In addition to any other fee required in civil actions or
cases:
(1) For each proceeding lasting one hour or less, a fee of thirty
dollars ($30) shall be charged to offset for
the costs reasonable cost of the
services of official court 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.
(A) The fee shall be charged only to the party, or parties if
filing jointly, that filed the paper that resulted in the proceeding
being scheduled.
(B) All parties paying the fee shall deposit the fee with the
clerk of the court as specified by the court, but not later than the
conclusion of each day's court session.
(C) The fee shall be charged once per case for all proceedings
conducted within the same hour if the total time taken by those
proceedings is one hour or less. If the total time taken exceeds one
hour, the fee shall be charged and collected pursuant to paragraph
(2).
(C)
( D) 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 on a dollar -for
-dollar basis .
(E) The fee shall be refunded to the remitting party or parties if
no court reporting services were provided at the scheduled
proceeding.
(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.
(b)
( A) 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.
(c)
( B) For purposes of this section
paragraph , "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.
(b) The fee shall be waived for a person who has been granted a
fee waiver under Section 68631.
(d)
( c) 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.
(e)
( d) The Judicial Council shall adopt rules
to ensure all of the following:
(1) That parties are given adequate and timely notice of the
availability of an official court reporter.
(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 subdivision (d)
(c) .
(3) That if the services of an official pro tempore reporter are
utilized pursuant to paragraph (2), no other charge shall be made to
the parties.
(f)
( e) 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.
(h)
( f) 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.