Amended in Senate June 24, 2013

Amended in Assembly April 29, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 648

Introduced by Assembly Member Jones-Sawyer

February 21, 2013

An act to amend Section 68086 of the Government Code, relating to courts begin insert , and making an appropriation therefor end insert .

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, for each proceeding begin delete lasting end delete begin insert anticipated to last end insert one hour or less, the $30 fee to be charged begin delete only end delete to the party, or parties if filing jointly, that filed the paper that resulted in the proceeding being scheduled. begin insert The bill would require, if no fee is charged, and another party subsequently requests a court reporter, that the requesting party be charged a fee if the court determines that a court reporter will be provided. end insert 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 begin delete fees end delete begin insert fee end insert collected into the Trial Court Trust Fund and would provide for the distribution of begin delete those fees end delete begin insert the fee end insert back to the begin delete courts in end delete begin insert court from end insert which the begin delete fees were end delete begin insert fee was end insert collected begin insert , thereby making an appropriation end insert . The bill would waive the begin delete fees end delete begin insert fee end insert for a person who has been granted a fee waiver.

Vote: majority. Appropriation:  begin delete no end delete begin insert yes end insert . Fiscal committee:  begin delete no end delete begin insert yes end insert . 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 begin delete lasting end delete begin insert anticipated to last end insert one hour or
less, a fee of thirty dollars ($30) shall be charged for the reasonable
cost of the begin insert court reporting end insert services of begin insert an end insert official court begin delete reporters
in civil proceedings end delete begin insert reporter that is provided by the court end insert pursuant
to Section 269 of the Code of Civil Procedure.

(A) The fee shall be charged begin delete only end delete to the party, or parties if filing
jointly, that filed the paper that resulted in the proceeding being
scheduled. begin insert If no fee is charged, and another party subsequently
requests a court reporter, that party shall be charged the fee if the
court determines that a reporter will be provided. end insert

(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).

(D) The begin delete fees end delete begin insert fee end insert shall be deposited into the Trial Court Trust
Fund and distributed back to the begin delete courts in end delete begin insert court from end insert which the
begin delete fees were end delete begin insert fee was end insert collected on a dollar-for-dollar basis.

(E) The fee shall be refunded begin insert as soon as practicable end insert to the
remitting party or parties if no court reporting services were
begin delete provided at the scheduled proceeding. end delete begin insert provided. end insert

(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.

(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.

(B) For purposes of this 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.

(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.

(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 (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.

(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.

(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.