BILL ANALYSIS Ó AB 648 Page 1 ASSEMBLY THIRD READING AB 648 (Jones-Sawyer) As Amended April 29, 2013 Majority vote JUDICIARY 8-1 ----------------------------------------------------------------- |Ayes:|Wieckowski, Alejo, Chau, | | | | |Dickinson, Garcia, | | | | |Gorell, Muratsuchi, Stone | | | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Maienschein | | | | | | | | ----------------------------------------------------------------- SUMMARY : Establishes rules to implement the collection of the existing $30 fee for court reporting services in proceedings lasting one hour or less. Specifically, this bill : 1)Provides that for each proceeding lasting one hour or less, a single fee of $30 shall be charged to the party or parties, if filing jointly, that filed the paper that resulted in the proceeding being scheduled. 2)Requires the fee to be deposited with the clerk of the court as specified by the court, but not later than the conclusion of each day's court session. 3)Provides that the fee shall be charged once for all proceedings per case conducted within the same hour if the total time taken by those proceedings is one hour or less, but if the total time taken exceeds one hour, then the fee shall be charged and collected pursuant to existing law governing the collection of fees for proceedings lasting more than one hour. 4)Requires the fee to be refunded if no court reporting services were provided at the scheduled proceeding. 5)Requires the fee to be waived for any person who has been granted a fee waiver under Government Code Section 68631. 6)Requires the fees to be deposited into the Trial Court Trust AB 648 Page 2 Fund and, upon appropriation by the Legislature, distributed back to the courts in which the fees were collected on a dollar for dollar basis. FISCAL EFFECT : None COMMENTS : Last year, the Legislature approved and the Governor signed SB 1021 (Budget and Fiscal Review Committee), Chapter 41, Statutes of 2012, budget trailer legislation which created a new $30 fee to be assessed against litigants for court reporter services in civil proceedings lasting less than one hour. According to the author, the statute did not provide clear guidance on how to implement this fee. This bill represents the efforts of the author to provide much-needed guidance on how to implement this new fee for proceedings lasting one hour or less. This bill, sponsored by the Judicial Council, seeks to establish a number of specific rules for the implementation of the SB 1021 court reporting fee. These rules were the result of extensive collaboration and discussion among a variety of stakeholders, including court executives and the Judicial Council, the plaintiff and defense bars, court reporters, and legal aid advocates. In 1998, the Trial Court Funding Act (AB 233 (Escutia and Pringle), Chapter 850, Statutes of 1997) required that all court reporters fees collected by the trial courts be deposited into the Trial Court Trust Fund, where nearly all court-collected fees are deposited. The court reporter fees are then returned to the trial courts as part of their annual allocation. The fees are distributed to the courts on a pro rata basis and not based on dollars collected. Thus, while not all trial courts are aggressively charging and collecting the court reporter fees, all courts share equally (based on their pro rata share) in those collections. Before last year, fees to help cover the cost of maintaining official court reporters in civil courtrooms came from two sources. The initial civil filing fee includes $30 to cover the cost of court reporters. In addition, parties in civil proceedings are charged a fee for the services of an official court reporter for all proceedings lasting longer than an hour. With enactment of SB 1021, parties in civil proceedings are now AB 648 Page 3 charged a $30 fee for the reasonable cost of the services of an official court reporter for each proceeding lasting one hour or less, rather than receiving reporting services essentially for free for the first hour. The bill provides that for any proceeding lasting one hour or less, the party that filed the paper that resulted in the scheduling of the proceeding shall pay the fee. If, however, three individuals jointly filed the paper together, then the bill clarifies that they should not be treated as three separate parties and each charged $30. Instead, the bill contemplates that only one $30 fee shall be charged to those individuals joined on the same side who filed the paper that resulted in the proceeding, and by extension, the party or parties on the opposing side shall not also be charged the fee. This bill requires persons paying the fee to 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. Although in most cases it is expected the fee will be paid at the clerk's window at the time of filing, this rule is intended to allow some flexibility for later payment of the fee as long as it still occurs by the end of the same day of the court session. The bill provides that the $30 fee shall be charged once for all proceedings per case conducted within the same hour if the total time taken by those proceedings is one hour or less. The recent amendment is intended to clarify that payment of the $30 fee is not charged multiple times to the party for each individual proceeding that arises in the same case when all of those proceedings may be disposed of within the same hour. In cases where the court may be asked to rule on multiple "proceedings" (for example, motions in limine) that each take no more than a few minutes, the bill seeks to limit stacking of the fee for multiple short proceedings with unreasonable results. Otherwise, it is conceivable that one party is charged $30 for a single motion that takes 25 minutes to dispose of, while another party is charged $120 to hear four short motions in the same case that altogether only takes the court a total of 10 minutes to dispose of. The bill also provides that if the total time taken exceeds one hour, then the fee shall be charged and collected pursuant to existing law governing the collection of fees for proceedings lasting more than one hour. AB 648 Page 4 This bill requires the fee to be refunded if no court reporting services were provided at the scheduled proceeding. This reflects the simple principle that if no reporter services were rendered, then no fee should be paid. In courts where court reporters' services are not or never have been provided, any collection of this fee would of course be inappropriate. Because in most cases it is expected the fee will be paid at the clerk's window at the time of filing, prior to the provision of any court reporter services, this provision will require the court to develop a process for refunding the fee in those cases where no services were ultimately provided-for example, where the court reporter unexpectedly could not attend due to illness or emergency. The Judicial Council and stakeholders have each expressed a strong commitment to continue to work on developing the parameters of a potential refund process as the bill moves forward. Finally, this bill requires the fee to be waived for low-income persons who have applied for and been granted a fee waiver under Government Code Section 68631. Analysis Prepared by : Anthony Lew / JUD. / (916) 319-2334 FN: 0000292