Amended in Assembly March 23, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 804

Introduced by Assembly Member Roger Hernández

February 26, 2015

An act to begin delete amend Section 68086 of the Government Code, relating to courts. end delete begin insert amend Section 8031 of, and to add Section 8024.8 to, the Business and Professions Code, relating to shorthand reporters. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 804, as amended, Roger Hernández. begin delete Courts: superior court fees: official court reporters. end delete begin insert Shorthand reporters: continuing education requirements. end insert

begin insert

Existing law provides for the certification and regulation of shorthand reporters by the Court Reporters Board of California in the Department of Consumer Affairs, and provides for the regulation of shorthand reporting schools by the board. Existing law provides for the renewal of a shorthand reporter’s certificate if specified requirements are met. Existing law sets forth specified fees for the examination for, and the issuance and renewal of, a shorthand reporter’s certificate.

end insert begin insert

This bill would require the board, on or before July 1, 2016, to adopt regulations to establish, for renewal of a shorthand reporter’s certificate, minimum approved continuing education requirements, with certain exceptions, and would require the board to establish a procedure for approving providers of those continuing education courses, as specified. The bill would also authorize the board to, by regulation, establish a fee for approval of those continuing education providers, not to exceed the reasonable regulatory costs, if any, to the board of approving those providers.

end insert begin delete

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, existing law imposes a fee equal to the actual cost of providing that service per 1⁄2 day of services to the parties, on a pro rata basis. For each proceeding anticipated to last one hour or less, existing law imposes a fee of $30 for the reasonable cost of court reporting services provided at the expense of the court by an official court reporter.

end delete begin delete

This bill would make a technical, nonsubstantive change to these provisions.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 8024.8 is added to the end insert begin insert Business and
Professions Code end insert begin insert , to read: end insert

begin insert

begin insert 8024.8. end insert   

(a) On or before July 1, 2016, the board shall adopt
regulations to establish minimum continuing education
requirements for renewal of a certificate issued pursuant to this
chapter. No earlier than six months after the effective date of the
regulations, to renew his or her certificate, a certificate holder
shall, in addition to the requirements of Section 8024, submit to
the board, on a form prescribed by the board, that he or she has
completed the minimum continuing education requirements.

(b) The board shall ensure that the continuing education
required by this section is relevant to the practice of shorthand
reporting.

(c) The board shall also establish a procedure for approving
providers of continuing education courses, and all providers of
continuing education shall comply with procedures established by
the board. The board may establish a fee for providers of
continuing education courses pursuant to Section 8031. The board
may revoke or deny the right of a provider to offer continuing
education coursework pursuant to this section for failure to comply
with the requirements of this section or any regulation adopted
pursuant to this section.

(d) The board may establish exceptions to the continuing
education requirements of this section for a certificate holder who
cannot meet the continuing education requirements for reasons of
health, military service, or undue hardship.

(e) The continuing education requirements of this section shall
comply with the guidelines for mandatory continuing education
established by the Department of Consumer Affairs pursuant to
Section 166.

(f) The board may adopt regulations as necessary to implement
this section.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 8031 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

8031.  

The amount of the fees required by this chapter is that
fixed by the board in accordance with the following schedule:

(a) The fee for filing an application for each examination shall
be no more than forty dollars ($40).

(b) The fee for examination and reexamination for the written
or practical part of the examination shall be in an amount fixed by
the board, which shall be equal to the actual cost of preparing,
administering, grading, and analyzing the examination, but shall
not exceed seventy-five dollars ($75) for each separate part, for
each administration.

(c) The initial certificate fee is an amount equal to the renewal
fee in effect on the last regular renewal date before the date on
which the certificate is issued, except that, if the certificate will
expire less than 180 days after its issuance, then the fee is 50
percent of the renewal fee in effect on the last regular renewal date
before the date on which the certificate is issued, or fifty dollars
($50), whichever is greater. The board may, by appropriate
regulation, provide for the waiver or refund of the initial certificate
fee where the certificate is issued less than 45 days before the date
on which it will expire.

(d) By a resolution adopted by the board, a renewal fee may be
established in such amounts and at such times as the board may
deem appropriate to meet its operational expenses and funding
responsibilities as set forth in this chapter. The renewal fee shall
not be more than one hundred twenty-five dollars ($125) nor less
than ten dollars ($10) annually, with the following exception:

Any person who is employed full time by the State of California
as a hearing reporter and who does not otherwise render shorthand
reporting services for a fee shall be exempt from licensure while
in state employment and shall not be subject to the renewal fee
provisions of this subdivision until 30 days after leaving state
employment. The renewal fee shall, in addition to the amount fixed
by this subdivision, include any unpaid fees required by this section
plus any delinquency fee.

(e) The duplicate certificate fee shall be no greater than ten
dollars ($10).

(f) The penalty for failure to notify the board of a change of
name or address as required by Section 8024.6 shall be no greater
than fifty dollars ($50).

begin insert

(g) The fee for approval of a continuing education provider
shall be fixed by the board through regulation in an amount to
cover the reasonable regulatory cost to the board of approving
those continuing education providers, but shall be no greater than
forty dollars ($40).

end insert

begin delete

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 the 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.

end delete