BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2244


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          Date of Hearing:  May 4, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2244 (Gatto) - As Amended April 13, 2016


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill prescribes certain limits on fees associated with  
          electronic filing of court documents. Specifically, this bill:


          1)Provides that a fee imposed by an agent of the court for the  
            use of a credit card or debit card or for an electronic funds  
            transfer, may not exceed the costs incurred by the agent in  
            providing for that payment method, and that fees, if any,  
            charged by the court, an electronic filing manager, or an  
            electronic filing service provider to process a payment may  
            not exceed the actual costs incurred for processing.









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          2)Requires the court, an electronic filing manager, or an  
            electronic filing service provider to waive processing payment  
            fees if the court deems the waiver to be appropriate,  
            including in instances where a party has received a fee  
            waiver.


          3)Requires a court or an entity contracted with a court to  
            provide a system for acceptance of electronically transmitted  
            documents to provide a menu of payment options that may  
            include credit or debit cards, electronic funds transfers,  
            electronic networks for financial transactions, and payment  
            methods that do not charge a transaction cost.


          FISCAL EFFECT:


          Negligible fiscal impact on the courts.


          COMMENTS:


          1)Background. During the 2013-14, 7.5 million cases were filed  
            statewide in the superior courts. Given the high volume of  
            filings in California's courts each year, a party's ability to  
            file and serve documents electronically significantly improves  
            the court's capacity to process filings. The Judicial  
            Council's Court Case Management System (CCMS), among other  
            things, would have made it easier for parties to file their  
            legal documents electronically with the courts in all 58  
            counties. 


            Due to cost overruns an inadequate project oversight, in March  
            2012, the Judicial Council terminated the project, which left  
            many trial courts with failing case management systems. As a  








                                                                    AB 2244


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            result, counties have turned to various private vendors to  
            provide technology systems to their courts. Generally, these  
            private technology systems allow for the electronic filing of  
            documents.


          2)Purpose. According to the author, "In some counties, EFSPs  
            [electronic filing service providers] must pay court filing  
            fees and e-filing transaction costs with credit cards, and pay  
            convenience fees to electronic filing managers for the use of  
            credit cards. While electronic filing represents a major  
            benefit to the courts and public, how the systems are  
            implemented can raise policy questions of fair access to the  
            judicial system.  In addition, present law contains a number  
            of ambiguities which should be resolved as these systems are  
            being implemented.  AB 2244 is intended to address some of  
            these ambiguities."


            Under current law, government entities may accept credit  
            cards, debit cards, or electronic funds transfers for the  
            payment of certain government services, including court  
            filings.  Although current law allows a government entity,  
            including a court, to impose a convenience fee for those  
            transactions, the government entity may not charge a  
            convenience fee that exceeds its costs for providing that  
            payment method. 


            Consistent with current law, this bill provides that an  
            electronic filing service provider, who remits funds in order  
            to complete an electronic filing transaction and acts as an  
            agent of the court, may not charge a convenience fee that  
            exceeds the provider's cost to provide that service. In order  
            to further protect litigants and provide greater clarity about  
            convenience costs associated with processing payment methods,  
            this bill also requires that when a trial court adopts rules  
            for mandatory electronic filing, the fees (if any) that are  
            charged by the court, an electronic filing manager, or an  








                                                                    AB 2244


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            electronic filing service provider to process a payment may  
            not exceed the actual costs incurred by the court, manager, or  
            provider.  


            In addition, to ensure that litigants with fee waivers have  
            true access to electronic filing without fees, this bill  
            prohibits those litigants from being required to pay  
            transaction processing fees and clarifies existing law to  
            require an electronic filing service provider to  
            electronically file a fee-waiver-litigant's documents if that  
            is the litigant's preferred method. Finally, in order to  
            protect litigants who may not have access to credit or debit  
            cards, this bill also requires electronic filing managers to  
            accept alternative forms of payment.


          Analysis Prepared by:Chuck Nicol / APPR. / (916)  
          319-2081