BILL NUMBER: AB 679	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Fox

                        FEBRUARY 21, 2013

   An act to amend Section 68086 of the Government Code, relating to
official court reporter fees.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 679, as introduced, Fox. Fees: official court reporters.
   Existing law requires an official court reporter fee of $30 to be
charged for each proceeding lasting less than one hour. 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, in an amount equal to the
actual cost of providing that service per 1/2 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, as specified. Existing law further requires the
Judicial Council to adopt specified rules to, among other things,
ensure the availability of an official court reporter, or in the
absence of an official court reporter, authorize a party to arrange
for the presence of a certified shorthand reporter, as specified.
   This bill would further require the Judicial Council to adopt
rules to ensure that a party arranging for a certified shorthand
reporter notifies the other parties of that fact, and that attempts
to share costs for the certified shorthand reporter are made to
provide better access to justice for all parties involved in the
proceeding.
   Vote: majority. Appropriation: no. Fiscal committee: no.
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.  (a) The following provisions apply in superior court:
   (1) In addition to any other fee required in civil actions or
cases:
   (A) For each proceeding lasting less than one hour, a fee of
thirty dollars ($30) shall be charged for the reasonable cost of the
services of an official court reporter pursuant to Section 269 of the
Code of Civil Procedure.
   (B) 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.
   (2) 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.
   (3) For purposes of this section, "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.
   (4) 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.
   (5) The Judicial Council shall adopt rules to ensure all of the
following:
   (A) That parties are given adequate and timely notice of the
availability of an official court reporter.
   (B) 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 paragraph (4). 
   (C) That if a party arranges for the presence of a certified
shorthand reporter pursuant to subparagraph (B), the arranging party
notifies the other parties that a certified shorthand reporter will
be present.  
   (D) That attempts to share costs for the presence of a certified
shorthand reporter pursuant to subparagraph (B) are made to provide
better access to justice for all involved in the proceeding. 

   (C) 
    (E)  That if the services of an official pro tempore
reporter are utilized pursuant to subparagraph (B), no other charge
shall be made to the parties.
   (b) 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.
   (c) 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.