BILL NUMBER: SB 1313 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Nielsen
FEBRUARY 21, 2014
An act to repeal Sections 70045.1, 70045.2, 70045.4, 70045.75,
70045.77, 70045.8, 70045.9, 70045.10, 70046.4, 70050.6, 70056.7,
70059.8, 70059.9, 70063, and 70064 of the Government Code, relating
to courts.
LEGISLATIVE COUNSEL'S DIGEST
SB 1313, as introduced, Nielsen. Courts: court reporters.
The Trial Court Employment Protection and Governance Act
establishes a trial court employee personnel system that provides
authority to establish job classifications, salaries, and benefits
for trial court employees, including court reporters, without the
approval of the county or the board of supervisors, and without
further legislative action, except as specified. Existing law
authorizes a court to direct the making of a verbatim record of court
proceedings, as specified. Existing law also regulates the
appointment, certain conditions of employment, remuneration, and
benefits of official court reporters in specified counties.
This bill would repeal those provisions of law prescribing the
compensation and conditions of employment of official court reporters
in Butte, El Dorado, Lake, Mendocino, Merced, Modoc, Mono, Monterey,
Nevada, San Luis Obispo, Shasta, Solano, Tehama, Trinity, and
Tuolumne Counties.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 70045.1 of the Government Code is repealed.
70045.1. Notwithstanding the provisions of Section 70045 of this
code, in Trinity County, each regular official court reporter shall
receive an annual salary of ten thousand dollars ($10,000) unless the
board of supervisors shall by ordinance provide for compensation in
excess of that amount, payable in monthly installments out of the
salary fund of the county, for the reporting and taking notes in
criminal cases and juvenile court cases in the superior court, and in
preliminary examinations of those accused of crime before
magistrates, and of proceedings before the grand jury and at coroner'
s inquests when requested by the coroner, and for other services such
reporters shall receive the fees provided for in Article 9
(commencing with Section 69941) of Chapter 5 of Title 8, such fees in
civil cases to be paid by the litigants as provided by law.
Reporters pro tempore may be paid a per diem of seventy-five
dollars ($75) as provided in Section 69948 and other fees set forth
in Article 9 (commencing with Section 69941) of Chapter 5 of Title 8,
and shall receive from the county their necessary traveling and
other expenses when necessarily called from other counties, but a
reporter pro tempore shall be paid a per diem or expenses by the
county only when the regular official court reporters are occupied in
the superior court, or at preliminary examinations, grand jury
hearings or coroner's inquests.
The board of supervisors of such a county may provide the court
reporters with equipment for the performance of their duties.
SEC. 2. Section 70045.2 of the Government Code is repealed.
70045.2. Notwithstanding Section 70045, in Modoc County each
regular official court reporter shall receive an annual salary to be
determined by ordinance by the board of supervisors, payable in
monthly installments out of the salary fund of the county, for the
reporting and taking notes in criminal cases and juvenile court cases
in the superior court, and in preliminary examination of those
accused of crime before magistrates, and of proceedings before the
grand jury and at coroner's inquests when requested by the coroner.
In Modoc County, reporters pro tempore shall be paid a per diem,
as set by law, and shall receive from the county their necessary
traveling and other expenses when called from other counties.
However, a reporter pro tempore shall be paid a per diem or expenses
by the county only when the regular official court reporters are
occupied in the superior court, or at preliminary examinations, grand
jury hearings, or coroner's inquests.
For all reporter's services in Modoc County in civil cases as set
forth in Article 9 (commencing with Section 69941) of Chapter 5 of
Title 8, litigants shall pay such fees as are provided by law to the
county clerk for deposit in the county general fund.
The Board of Supervisors of Modoc County may provide court
reporters with equipment for the performance of their duties.
SEC. 3. Section 70045.4 of the Government Code is repealed.
70045.4. Notwithstanding the provisions of Section 70045 or any
other provision of this article, in Merced County:
(a) The regular full-time official court reporters shall perform
the following duties:
(1) Report all criminal proceedings in the superior court.
(2) Report all civil commitment proceedings and all contempt
proceedings in the superior court.
(3) Report all juvenile proceedings in the superior court other
than those heard by a juvenile court referee or traffic hearing
officer.
(4) Report all family law proceedings in the superior court.
(5) Report all civil jury trials in the superior court.
(6) Report all hearings on petitions for extraordinary relief,
including but not limited to proceedings for injunctions, mandate,
prohibition, certiorari, review, habeas corpus, and coram nobis in
the superior court.
(7) Report any other court proceedings in the superior court when
a party requests a court reporter in accordance with the rules of
court.
(8) Report all criminal proceedings of the grand jury.
(9) Report proceedings for the board of equalization, when
requested by the board.
(b) Each regular full-time court reporter shall be paid an annual
salary of sixteen thousand seven hundred thirty-five dollars and
ninety-four cents ($16,735.94), unless the board of supervisors of
the county provides for compensation in excess of that amount.
The foregoing salary is for compensation for reporting services
under subdivision (a). For all transcriptions incident to reporting
services, each reporter shall receive the fees provided for in
Article 9 (commencing with Section 69941).
The regular full-time official court reporters shall be entitled
to the same privileges with respect to group insurance and retirement
as other employees of that county. Retirement contributions shall be
based upon the annual salary provided for in subdivision (b).
The salary range of official court reporters may be adjusted by
joint action and approval of the board of supervisors and a majority
of the judges of the superior court. Those changes in compensation
made pursuant to this provision shall be on an interim basis and
shall expire January 1 following adjournment of the next regular
session of the Legislature unless ratified at that session.
(c) When the regular full-time official court reporters are
occupied in the performance of their duties and services pursuant to
the provisions of subdivision (a), the judge or judges of the
superior court may appoint as many additional official court
reporters, who shall be known as official reporters pro tempore, as
the business of the courts and county may require, in order that the
business of the courts and county may be carried on without delay.
They shall be paid in accordance with the per diem, transcription,
and other fee provisions of Article 9 (commencing with Section
69941). That per diem, traveling and other expenses, and the fees
chargeable to the county under the terms of these provisions shall be
a proper county charge.
SEC. 4. Section 70045.75 of the Government Code is repealed.
70045.75. Notwithstanding any other provision of law including,
but not limited to, Sections 70040, 70041, 70042, and 70045, the
following provisions shall be applicable to the full-time official
court reporters, if any, in Nevada County:
(a) The regular full-time official court reporters shall perform
the following duties:
(1) Report all criminal proceedings.
(2) Report all civil commitment proceedings and all contempt
proceedings.
(3) Report all juvenile proceedings, other than those heard by a
juvenile court referee or traffic hearing officer.
(4) Report all family law proceedings.
(5) Report all civil jury trials.
(6) Report all hearings on petitions for extraordinary relief,
including but not limited to, proceedings for injunctions, mandate,
prohibition, certiorari review, habeas corpus, and coram nobis.
(7) Report all proceedings of the grand jury when requested by the
foreman, or by the district attorney or by the county counsel.
(8) Report any other court proceedings when a party requests a
court reporter in accordance with rules of the court.
(9) Report the preliminary examination of those accused of crimes
before magistrates within Nevada County. Report coroner's inquests
when requested by coroner.
(b) Each regular full-time court reporter shall be paid at a
monthly salary rate established according to the following salary
schedule:
(Range) (Month) (Annual)
Step A ...................... $1,271 $15,246
Step B ...................... 1,334 16,012
Step C ...................... 1,400 16,804
Step D ...................... 1,471 17,648
Step E ...................... 1,546 18,546
Each such reporter shall receive a monthly salary under the
schedule corresponding to the length of time that as an official
court reporter he has been included within either directly or
indirectly by contract the Public Employees' Retirement System of the
State of California. Except as provided herein, the initial hiring
rate for each position shall be step A; provided further, however,
the judges of the superior court may appoint any such court reporter
at a higher initial step if in the opinion of the judges of the
superior court an individual to be appointed has such experience and
qualifications as to entitle that individual to such higher initial
step. A step advancement from step A to step B may be granted on the
first day of the month following the completion of six full months of
service in the position. A person may advance to steps C, D, and E
upon completion of successive 12-month periods of service. All merit
increases as provided herein shall be made at the determination of
the judges of the superior court.
The foregoing salary is for compensation for reporting services in
the superior court under subdivision (a) of this section. For all
transcriptions incident to reporting services, each reporter shall
receive the fees provided for in Article 9 (commencing with Section
69941) of this chapter.
In the event a cost-of-living increase is given to the employees
of Nevada County on or after July 1, 1979, the aforementioned salary
schedule shall be deemed amended so as to give the court reporters
the same cost-of-living increase as is given Nevada County employees.
The regular full-time official court reporters shall be entitled
to the same privileges with respect to retirement, vacation, sick
leave, and group insurance, which either now or hereafter may be
provided by ordinance to other employees of the county.
(c) When the regular full-time official court reporters are
occupied in the performance of their duties and services pursuant to
the provisions of subdivision (a), the judge or judges of the
superior court may appoint as many additional official court
reporters, who shall be known as official reporters pro tempore, as
the business of the courts may require in order that the judicial
business of the court in such county may be carried on without delay.
They shall be paid in accordance with the per diem, transcription,
and other fee provisions of Article 9 (commencing with Section 69941)
of this chapter. Such per diem, traveling and other expenses, and
the fees chargeable to the county under the terms of these provisions
shall be a proper county charge.
SEC. 5. Section 70045.77 of the Government Code is repealed.
70045.77. Notwithstanding any other provision of law, including,
but not limited to, Sections 70040, 70041, 70042, and 70045, the
following provisions shall be applicable to the full-time official
court reporters, if any, in El Dorado County:
(a) The regular full-time official court reporters shall perform
the following duties:
(1) Report all criminal proceedings.
(2) Report all civil commitment proceedings and all contempt
proceedings.
(3) Report all juvenile proceedings, other than those heard by a
juvenile court referee or traffic hearing officer.
(4) Report all family law proceedings.
(5) Report all civil jury trials.
(6) Report all hearings on petitions for extraordinary relief,
including, but not limited to, proceedings for injunctions, mandate,
prohibition, certiorari, review, habeas corpus, and coram nobis.
(7) Report all proceedings of the grand jury when requested by the
foreman, or by the district attorney or by the county counsel.
(8) Report any other court proceedings when a party requests a
court reporter in accordance with rules of the court.
(9) Report the preliminary examination of those accused of crimes
before magistrates within El Dorado County.
(10) Report coroner's inquests when requested by the coroner.
(11) Report proceedings for the El Dorado County Board of
Equalization when requested by the board.
(b) The regular full-time official court reporter shall be
compensated at a range recommended by the judges of the superior
court and approved by the board of supervisors by ordinance or
resolution.
The foregoing salary is for compensation for reporting services in
the superior court under subdivision (a) of this section. For all
transcriptions incident to reporting services, each reporter shall
receive the fees provided for in Article 9 (commencing with Section
69941) of this chapter.
The regular full-time official court reporters shall be entitled
to the same privileges with respect to retirement, vacation, sick
leave, and group insurance, which either now or hereafter may be
provided by ordinance to other employees of the county.
(c) When the regular full-time official court reporters are
occupied in the performance of their duties and services pursuant to
the provisions of subdivision (a), the judge or judges of the
superior court may appoint as many additional official court
reporters, who shall be known as official reporters pro tempore, as
the business of the courts may require in order that the judicial
business of the court in such county may be carried on without delay.
They shall be paid in accordance with the per diem, transcription,
and other fee provisions of Article 9 (commencing with Section 69941)
of this chapter. Such per diem, traveling and other expenses, and
the fees chargeable to the county under the terms of these provisions
shall be a proper county charge.
SEC. 6. Section 70045.8 of the Government Code is repealed.
70045.8. (a) Notwithstanding any other provision of law,
including, but not limited to, Sections 70040, 70041, 70042, and
70045, the following provisions shall be applicable to the official
court reporters in Butte County Superior Court:
(1) The regular full-time official court reporters under the
direction of the presiding judge of the superior court shall perform
the following duties:
(A) Report all criminal proceedings.
(B) Report all civil commitment proceedings and all contempt
proceedings.
(C) Report all juvenile proceedings other than those heard by
juvenile court referee or traffic hearing officer.
(D) Report all civil jury trials.
(E) Report all hearings on petitions for extraordinary relief,
including, but not limited to, proceedings for injunctions, mandate,
prohibition, certiorari, review, habeas corpus, and coram nobis.
(F) Report all proceedings of the grand jury when requested by the
foreman, or by the district attorney or by the county counsel.
(G) Report any other court proceedings when a party requests a
court reporter in accordance with rules of court.
(H) Report coroner's inquests when requested by the coroner.
(I) Report proceedings for the Butte County Board of Equalization
when requested by the board.
(J) When not occupied with the above duties, and upon request of a
presiding judge of the municipal court and approval of the presiding
judge of the superior court, he or she shall report matters listed
under paragraph (1) of subdivision (b).
(b) Notwithstanding any other provision of law, including, but not
limited to, Sections 70040, 70041, 70042, and 70045, the following
provisions shall be applicable to the official court reporters in the
Butte County Municipal Courts:
(1) The regular full-time official municipal court reporters under
the direction of the presiding judges of the municipal courts shall
perform the following duties:
(A) Report the preliminary examination of those accused of crimes
before magistrates within Butte County.
(B) Report all felony pleas.
(C) Report any other court proceeding as required by law.
(D) When not occupied with the above duties, and upon request of
the presiding judge of the superior court and approval of a presiding
judge of the municipal court, he or she shall report matters listed
under paragraph (1) of subdivision (a) above.
(c) The board of supervisors shall, by ordinance, specify the
salary rates for official court reporters in Butte County.
In addition to the aforementioned compensation, each official
court reporter shall receive twenty-five dollars ($25) per month as
reimbursement for the cost of necessary supplies.
The foregoing salary established pursuant to county ordinance is
for compensation for reporting services in the superior and municipal
courts under subdivisions (a) and (b) of this section. For all
transcriptions incident to reporting services, each reporter shall
receive the fees provided for in Article 9 (commencing with Section
69941) of this chapter.
The regular full-time official court reporters shall be entitled
to the same privileges with respect to retirement, vacation, sick
leave, and group insurance, which either now or hereafter may be
provided by ordinance to other employees of the county.
(d) When the regular full-time official court reporters are
occupied in the performance of their duties and services pursuant to
subdivisions (a) and (b), the judge or judges of the superior and
municipal courts may appoint as many additional official court
reporters, who shall be known as official reporters pro tempore, as
the business of the courts may require in order that the judicial
business of the courts in the county may be carried on without delay.
They shall be paid in accordance with the per diem, transcription,
and other fee provisions of Article 9 (commencing with Section 69941)
of this chapter. The per diem, traveling and other expenses, and the
fees chargeable to the county under the terms of these provisions
shall be a proper county charge.
SEC. 7. Section 70045.9 of the Government Code is repealed.
70045.9. Notwithstanding any other provision of law, the
provisions of this section shall apply to the official court
reporters in Shasta County:
(a) The regular full-time official court reporters shall perform
the following duties:
(1) Report all criminal proceedings in superior court.
(2) Report all juvenile proceedings other than those heard by
juvenile court referee or traffic hearing officer.
(3) Report all civil jury trials in superior court, unless the
court determines it is not required.
(4) Report any other proceeding in the superior court at the
request of the judge of the superior court.
(5) Report any superior court proceeding when a party requests a
court reporter in accordance with the rules of court.
(6) Report all criminal investigations of the grand jury, when
requested by the foreman, or by the district attorney.
(7) Report the preliminary examination of those accused of crime
before magistrates or municipal court judges within Shasta County, or
before both.
(8) Report coroner's inquests, when requested by the coroner.
(9) Report hearings of the Board of Equalization of the County of
Shasta, as requested by that board.
(10) Other reporting or related services, as directed by the
judges of the superior court.
(11) When not occupied with the above duties, and upon request of
the board of supervisors and approval of the presiding judge of the
superior court, he or she shall report matters before the board of
supervisors.
(b) Each regular full-time court reporter shall be paid a monthly
salary of one thousand four hundred seventy dollars ($1,470), unless
the Board of Supervisors of Shasta County provides for compensation
in excess of that amount, in which event the amount set shall apply.
The salary is for compensation for reporting services set forth under
subdivision (a). For all transcriptions incident to reporting
services, each reporter shall receive the fees provided for in
Article 9 (commencing with Section 69941).
The regular full-time official court reporters shall be entitled
to the same privileges with respect to retirement, vacation (upon
approval of judge to whom assigned), sick leave, and group insurance,
which either now or hereafter may be provided by ordinance or
resolution to other comparable employees of the County of Shasta.
(c) When the regular full-time official court reporters are
occupied in the performance of their duties and services pursuant to
the provisions of subdivision (a), the judge or judges of the
superior court may appoint as many additional official court
reporters, who shall be known as official reporters pro tempore, as
the business of the courts may require in order that the judicial
business of the court may be carried on without delay. In the event
the board of supervisors has entered into a contract for supplemental
reporter services with a qualified person or persons first approved
by the presiding judge of the superior court, the person or persons
shall be appointed as reporter pro tempore. However, if the person or
persons are not reasonably available, the judge may appoint any
qualified person. Notwithstanding other provisions of this section,
when an assignment of a pro tempore reporter is made to proceedings
in the superior court, the assignment shall be deemed to run to the
completion of the proceeding.
Reporters pro tempore shall be paid in accordance with the
contract with the board of supervisors or, in absence thereof, with
the per diem, transcription, and other fee provisions of Article 9
(commencing with Section 69941). Such per diem, traveling and other
expenses, and the fees chargeable to the county under the terms of
these provisions shall be a proper county charge.
(d) During the hours during which the court is open as prescribed
by the Shasta County Superior Court for the transaction of judicial
business, official court reporters shall devote full time to the
performance of the duties required of them by law and shall not
engage or solicit to engage in any other employment in their
professional capacity.
(e) Court reporters pro tempore serving in the superior and
municipal courts shall receive a per diem equal to the base wage of
the official court reporter for an eight-hour day, excluding
benefits. This fee shall be adjusted by the same, general
across-the-board salary adjustment enacted by the county in any
salary ordinance applicable to official court reporters. For services
of less than four hours in any day, the pro tempore reporter will
receive a per diem equal to 65 percent of the base wage.
SEC. 8. Section 70045.10 of the Government Code is repealed.
70045.10. Notwithstanding any other provision of law, the
provisions of this section shall apply to the official court
reporters in Tehama County.
(a) The regular full-time official court reporters shall perform
the following duties:
(1) Report all criminal proceedings in superior court.
(2) Report all juvenile proceedings other than those heard by the
juvenile court referee or traffic hearing officer.
(3) Report all civil jury trials in superior court, unless the
court determines it is not required.
(4) Report any other proceeding in the superior court at the
request of the judge of the superior court.
(5) Report any superior court proceeding when a party requests a
court reporter in accordance with the rules of court.
(6) Report all criminal investigations of the grand jury, when
requested by the foreman or the district attorney.
(7) Report the preliminary examination of those accused of
crime before magistrates or municipal court judges within Tehama
County, or both.
(8) Report coroner's inquests, when requested by the coroner.
(9) Report hearings of the Board of Equalization of the County of
Tehama, as requested by that board.
(10) Other reporting or related services, as directed by the
judges of the superior court.
(11) When not occupied with the above duties, and upon request of
the board of supervisors and approval of the presiding judge of the
superior court, they shall report matters before the board of
supervisors.
(12) Such other duties as are required to insure the provision of
court reporter services.
(b) Each regular full-time court reporter shall be paid a monthly
salary of two thousand two hundred sixty-seven dollars ($2,267),
unless the Board of Supervisors of Tehama County, by ordinance,
provides for compensation in excess of that amount, in which event
the compensation set by ordinance shall apply. The salary is for
compensation for reporting services set forth under subdivision (a).
For all transcriptions incident to reporting services, each reporter
shall receive the fees provided for in Article 9 (commencing with
Section 69941).
The regular, full-time official court reporters shall be entitled
the same privileges with respect to retirement, vacation (upon
approval of judge to whom assigned), sick leave, and group insurance,
which either is now, or hereafter may be, provided by ordinance to
other comparable employees of the County of Tehama.
For retirement credit purposes, compensation earnable shall be
deemed to be the annual total of all salary and transcription fees
paid by the County of Tehama to each regular official reporter up to
a maximum of thirty-five thousand dollars ($35,000).
(c) When the regular full-time official court reporters are
occupied in the performance of their duties and services pursuant to
the provisions of subdivision (a), the judge or judges of the
superior court may appoint as many additional official court
reporters, who shall be known as official reporters pro tempore, as
the business of the court may be carried on without delay.
Notwithstanding other provisions of this section, when an assignment
of a pro tempore reporter is made to proceedings in the superior
court, the assignment shall be deemed to run to the completion of the
proceeding.
Reporters pro tempore shall be paid in accordance with the rate of
compensation as set by the board of supervisors. For all
transcriptions incident to reporting services, each reporter shall
receive the fees provided for in Article 9 (commencing with Section
69941). The per diem, traveling and other expenses, and the fees
chargeable to the county under the terms of these provisions shall be
a proper county charge.
(d) During the hours during which the court is open, as prescribed
by the Tehama County Superior Court for the transaction of judicial
business, official court reporters shall devote full time to the
performance of the duties required of them by law and shall not
engage, or solicit to engage, in any other employment in their
professional capacity unless otherwise excused by a judge of the
superior court.
If the official court reporter or a pro tempore reporter serves
past 5:30 p.m., he or she shall receive an additional fee equal to
one-half the per diem rate established by the board of supervisors.
If the official court reporter or a pro tempore reporter serves past
8:30 p.m., he or she shall receive a second additional fee equal to
one-half the per diem rate. Accumulation of hours in a given day
shall be without regard as to the number of courts in which the
reporter provides reporting service.
In order that the salary provided for regular full-time official
court reporters shall remain equitable and competitive, the salary
herein provided for shall be adjusted and increased by the same
salary adjustment percentage for the classification entitled the
superior court clerk enacted on or before July 1, 1985, by the County
of Tehama.
SEC. 9. Section 70046.4 of the Government Code is repealed.
70046.4. (a) In Lake County, the official phonographic reporters
shall perform the following duties:
(1) Report all proceedings before the superior court.
(2) Report all the proceedings of the grand jury.
(3) Act as the secretary of, and render stenographic and clerical
assistance to, the judge of the department to which they are assigned
by the presiding judge.
(4) Any other duties assigned by the board of supervisors upon the
request of a judge of the superior court.
The official phonographic reporters of such county shall receive a
salary recommended by the superior court and approved by the board
of supervisors. Such salary is for compensation for reporting
services in the superior court under subdivision (a) of this section.
For all transcriptions incident to reporting services, each reporter
shall receive the fees provided for in Article 9 (commencing with
Section 69941) of this chapter. Such fees shall be paid to the County
of Lake when the conditions of the official phonographic reporter's
employment so provide.
Any appointee to an official reporter position shall be
compensated at the first step and advance to each higher step upon
completion of each year of service. Upon the recommendation of the
superior court and approval of the board of supervisors, official
reporters may be employed at or may be granted a special step
increase to any step within the salary range on the basis of
experience or qualifications.
(b) The compensation for each official reporter pro tempore shall
be the equivalent of the daily wage of the first step in the salary
range for full-time official reporters for each day he actually is on
duty under order of the court.
(c) In addition to the compensation provided in this article, each
full-time reporter of the superior court shall be entitled to, and
shall receive, the same vacation, sick leave, and similar privileges
and benefits as are now, or may hereafter be provided for the
employees of the County of Lake including the right to participate in
any group, accident, health or life insurance plan adopted by the
board of supervisors of the county.
(d) Until such time as the salaries of full-time official
reporters and official reporters pro tempore are approved by the
board of supervisors pursuant to subdivision (a), such reporters
shall receive the salaries in effect immediately prior to the
effective date of this section enacted by the Legislature at its
1977-78 Regular Session.
SEC. 10. Section 70050.6 of the Government Code is repealed.
70050.6. (a) In Tuolumne County, the official reporters of the
superior court shall perform the following duties:
(1) Report all criminal proceedings.
(2) Report all civil proceedings.
(3) Report all domestic relations proceedings.
(4) Report all proceedings of the grand jury.
(5) Report all coroner's inquests.
(b) The official reporters of Tuolumne County shall receive a
salary as established by the Board of Supervisors of Tuolumne County.
Such salary is for compensation for reporting services in the
superior court under subdivision (a) of this section.
For all transcriptions incident to reporting services, each
reporter shall receive the fees provided for in Article 9 (commencing
with Section 69941) of Chapter 5 of this title. The court reporter
shall also be allowed his or her actual traveling expenses when
reporting outside of the county seat.
SEC. 11. Section 70056.7 of the Government Code is repealed.
70056.7. Notwithstanding any other provision of law to the
contrary, the following provisions shall be applicable to the
official superior court reporters in Monterey County:
(a) Regular official court reporters shall report all criminal and
civil proceedings in their respective courts and report all grand
jury proceedings. When not engaged in the performance of other duties
imposed on him or her by law and when approved by the presiding
judge, each reporter shall render such assistance as may be required
in any other court of the county to which he or she may be assigned.
During hours in which the court is open for the transaction of
judicial business, official reporters shall devote full time to the
performance of regular duties and shall not engage in or solicit any
other employment in their professional capacity.
(b) Each regular official court reporter shall be paid a salary to
be established by the Monterey County Board of Supervisors upon the
joint recommendation of the county administrative officer and the
judges of the superior court.
(c) A regular official court reporter shall serve at the pleasure
of the judge of the court for which appointed but shall receive the
same vacation, sick leave, retirement, and other financial or
monetary benefits as are now, or may be hereafter provided for the
classification of superior court clerk. The benefits include the
right to participate in any group accident, group health, or group
life insurance plan adopted for and made available to the
classification of superior court clerk.
For the purposes of retirement under the Public Employees'
Retirement System, the salary provided for in subdivision (b) shall
be deemed the entire salary for each court reporter.
(d) Judges of the superior court may appoint as many official
superior court reporters pro tempore as the business of the court
requires. They shall be unsalaried but shall receive a per diem at a
rate to be established by joint action of the board of supervisors
and a majority of the judges of the superior court.
SEC. 12. Section 70059.8 of the Government Code is repealed.
70059.8. (a) Notwithstanding any other provision of law,
including but not limited to Sections 70040, 70041, 70042, and 70045,
the following provisions shall be applicable to the official court
reporters in Solano County.
(b) Regular official court reporters shall report all criminal and
civil proceedings in their respective courts; all juvenile
proceedings, other than those heard by referees or traffic officers
when official reporters are unavailable; grand jury proceedings,
coroner's inquests, and proceedings before the county board of
equalization. When not engaged in the performance of other duties
imposed upon him or her by law, each reporter shall render such
assistance as may be required in any other court of the county to
which he or she may be assigned, and perform such other verbatim
reporting services as may be required such as, but not limited to,
public hearings and depositions. During hours in which the court is
open for the transaction of judicial business, official reporters
shall devote full time to the performance of regular duties and shall
not engage in any other employment in their professional capacity.
(c) In Solano County the annual salary of each official court
reporter shall be based on a regular five-step plan as established by
joint action and approval of the board of supervisors and a majority
of the judges of the court.
(d) For all transcripts incident to reporting services, each
reporter shall receive the fees provided for in Article 9 (commencing
with Section 69941) of this chapter. The initial hiring rate for
each position shall be step 1, provided that the judges may appoint
any such reporter at a higher initial step if, in the opinion of the
majority of judges, an individual to be appointed has such experience
and qualifications as to entitle him or her to such higher initial
step.
(e) A regular official court reporter shall serve at the pleasure
of the appointing judge, but shall be entitled to the same benefits
and privileges respecting longevity, service credits, cost-of-living
or other general pay increases, retirement, vacation, sick leave and
group insurance which are provided other employees of the county.
Court reporters shall be entitled to any increases provided other
employees of the county respecting longevity, service credits,
cost-of-living or general pay increases, retirement, vacation, sick
leave and group insurance, but such increases shall be on an interim
basis and remain in effect only until January 1, 1990, unless
ratified by statute by the Legislature prior to that date.
(f) Judges of the court may appoint as many official reporters pro
tempore as the business of the court requires. They shall be
unsalaried but shall receive the fees provided by Article 9 of this
chapter, which fees, upon order of the court, shall be a proper
charge against the general fund of the county.
SEC. 13. Section 70059.9 of the Government Code is repealed.
70059.9. In San Luis Obispo County, each regular official
reporter shall be paid a monthly salary which shall be recommended by
the superior court and approved by the board of supervisors. This
salary shall include payment for services in reporting all
proceedings in the superior court, before the grand jury, and before
coroner's inquests. The initial hiring rate for each position shall
be step 1, provided, however, that the judges of the court may
appoint a reporter at a higher step if such person has the experience
and qualifications to entitle that individual to appointment at a
higher initial step. Step advancement from step 1 to step 2 may be
granted following completion of six full months of service in the
position. Thereafter, a person may advance to each succeeding step
upon completion of a 12-month period of full-time service at the
previous step. All step advancements pursuant to this section shall
be determined by the judges of the court. In addition to the duties
required by the provisions of this section, and notwithstanding the
provisions of Section 69956, regular official reporters, when not
actually engaged in the performance of other lawfully imposed duties,
shall, at no additional compensation, render stenographic or
clerical assistance or both, to the superior court as may be directed
by the presiding judge.
Reporters pro tem shall be paid at a per diem rate of seventy-six
dollars ($76) for the days they are actually on duty under order of
the court, and shall receive from the county their necessary travel
and other expenses when necessarily called from other counties. Rates
of compensation of official reporters pro tem may be adjusted by
approval of the board of supervisors upon the recommendation of a
majority of the judges of the court.
Each official court reporter shall be an attach� of the superior
court and shall serve at the pleasure of the appointing judges, but
shall be entitled to the same benefits and privileges respecting
retirement, group insurance, social security, vacation, sick leave
and other fringe benefits which are provided to county employees.
SEC. 14. Section 70063 of the Government Code is repealed.
70063. In Mendocino County, the official phonographic reporters
shall perform the following duties:
(a) Report all proceedings before the superior court.
(b) Report the proceedings of the grand jury.
(c) Act as the secretary of, and render stenographic and clerical
assistance to, the judge of the department to which they are assigned
by the presiding judge.
SEC. 15. Section 70064 of the Government Code is repealed.
70064. In Mono County, each regular official reporter shall
receive as full compensation for taking notes in criminal cases an
annual salary set by resolution of the board of supervisors. All
other fees of such reporters shall be as elsewhere provided by law.