BILL ANALYSIS Ó AB 2244 Page 1 Date of Hearing: May 4, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 2244 (Gatto) - As Amended April 13, 2016 ----------------------------------------------------------------- |Policy |Judiciary |Vote:|10 - 0 | |Committee: | | | | | | | | | | | | | | ----------------------------------------------------------------- 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. AB 2244 Page 2 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 Page 3 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 Page 4 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