BILL NUMBER: AB 648	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 24, 2013
	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  , and making an appropriation therefor  .


	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  lasting
  anticipated to last  one hour or less, 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, 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.  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
  fee  collected into the Trial Court Trust Fund
and would provide for the distribution of  those fees
  the fee  back to the  courts in 
 court from  which the  fees were  
fee was  collected  , thereby making an appropriation 
. The bill would waive the  fees   fee 
for a person who has been granted a fee waiver.
   Vote: majority. Appropriation:  no   yes
 . Fiscal committee:  no   yes  .
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  
anticipated to last  one hour or less, a fee of thirty dollars
($30) shall be charged for the reasonable cost of the  court
reporting  services of  an  official court 
reporters in civil proceedings   reporter that is
provided by the court  pursuant to Section 269 of the Code of
Civil Procedure.
   (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.  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. 
   (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  fees   fee  shall be deposited
into the Trial Court Trust Fund and distributed back to the 
courts in   court from  which the  fees
were   fee was  collected on a dollar-for-dollar
basis.
   (E) The fee shall be refunded  as soon as practicable  to
the remitting party or parties if no court reporting services were
 provided at the scheduled proceeding.  
provided. 
   (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.