BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 648
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          ASSEMBLY THIRD READING
          AB 648 (Jones-Sawyer)
          As Amended April 29, 2013
          Majority vote 

           JUDICIARY           8-1                                         
           
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          |Ayes:|Wieckowski, Alejo, Chau,  |     |                          |
          |     |Dickinson, Garcia,        |     |                          |
          |     |Gorell, Muratsuchi, Stone |     |                          |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Maienschein               |     |                          |
          |     |                          |     |                          |
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           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  








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            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  








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          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.









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          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 


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