BILL NUMBER: AB 648	CHAPTERED
	BILL TEXT

	CHAPTER  454
	FILED WITH SECRETARY OF STATE  OCTOBER 1, 2013
	APPROVED BY GOVERNOR  OCTOBER 1, 2013
	PASSED THE SENATE  SEPTEMBER 10, 2013
	PASSED THE ASSEMBLY  SEPTEMBER 11, 2013
	AMENDED IN SENATE  SEPTEMBER 6, 2013
	AMENDED IN SENATE  SEPTEMBER 4, 2013
	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, 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 anticipated to last
one hour or less, the $30 fee to be charged 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 a party subsequently requests a court reporter, that the
requesting party be charged a fee if a court reporter is to be
provided by the court. 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 fee collected into the
Trial Court Trust Fund and would provide for the distribution of the
fee back to the court from which the fee was collected, thereby
making an appropriation. The bill would waive the fee for a person
who has been granted a fee waiver.
   Appropriation: yes.


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 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 provided at the expense of the court
by an official court reporter pursuant to Section 269 of the Code of
Civil Procedure.
   (A) The fee shall be charged to the party, or parties if filing
jointly, that filed the paper that resulted in the proceeding being
scheduled. If no fee has been charged, and a party subsequently
requests a court reporter, that party shall be charged the fee if a
reporter is to be provided by the court.
   (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 fee shall be deposited into the Trial Court Trust Fund and
distributed back to the court from which the 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.
   (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.