Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2629

Introduced by Assembly Member Roger Hernández

February 19, 2016

An act to begin delete amend Section 8009 of the Business and Professions Code, end delete begin insert amend Section 69951 of, and to amend, repeal, and add Section 69950 of, the Government Code, end insert relating to court reporters.

LEGISLATIVE COUNSEL’S DIGEST

AB 2629, as amended, Roger Hernández. Court reporters.

begin insert

Existing law provides that the fee for original transcripts prepared by an official court reporter or by a court reporter pro tempore is $0.85 for each 100 words, and for each copy purchased at the same time, $0.15 for each 100 words. Existing law provides that the fee for a first copy of a transcript by a person who does not simultaneously purchase the original transcript is $0.20 for each 100 words, and for each additional copy purchased at the same time, $0.15 for each 100 words. Existing law authorizes a court reporter, in civil cases, to charge an additional 50% for special daily copy service.

end insert begin insert

This bill would increase the fee charged for original transcripts and copies incrementally commencing January 1, 2017. The bill would provide that on and after January 1, 2019, the fee for an original transcript is $1.24 for each 100 words, and for each copy purchased at the same time, $0.22 for each 100 words. The bill would provide that on and after January 1, 2019, the fee for a first copy of a transcript that is not simultaneously purchased with the original transcript is $0.29 for each 100 words, and for each additional copy purchased at the same time, $0.22 for each 100 words. The bill would provide that on and after April 1, 2020, and on or before each April 1 thereafter, the fee charged for original transcripts and copies shall be increased proportionally by the increase in the Consumer Price Index for All Urban Consumers, as specified, and would require the Administrative Office of the Courts to publish an updated transcript fee schedule. The bill would also provide that the fee for transcription is an additional 50% for special daily copy service.

end insert begin delete

Existing law provides for the certification and regulation of shorthand reporters by the Court Reporters Board of California in the Department of Consumer Affairs. Existing law requires disciplinary proceedings under these provisions to be conducted in accordance with existing administrative adjudication provisions.

end delete begin delete

This bill would make a nonsubstantive change to this requirement.

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 The Legislature finds and declares all of the
following: end insert

begin insert

(a) Official court reporters and court reporters pro tempore
employed by the courts are currently paid under a dual
compensation structure in which the base salary of the court
reporter is supplemented by income from preparing required
transcripts and providing other required transcription services.

end insert begin insert

(b) The dual compensation structure protects the state from
bearing the full cost of transcript preparation and other
transcription services and avoids the resulting consequences of
overtime liability related to these services.

end insert begin insert

(c) The fees for original transcripts prepared by official court
reporters and court reporters pro tempore have not been adjusted
in 26 years, and fees for copies purchased at the same time as the
original transcript have only increased once in 103 years.

end insert begin insert

(d) In order to ensure full and fair compensation of official court
reporters and court reporters pro tempore employed by the court,
and in order to attract and retain official court reporters and court
reporters pro tempore employed by the courts that have sufficient
skills and competence to serve the needs of the justice system, it
is imperative that the system of dual compensation provide
sufficient payment for transcription services.

end insert begin insert

(e) Therefore, it is necessary to revise the fees for transcripts
prepared by official court reporters and court reporters pro
tempore.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 69950 of the end insert begin insert Government Code end insert begin insert is amended to
read: end insert

69950.  

(a)  begin delete The end delete begin insert From January 1, 2017, to December 31, 2017,
inclusive, the end insert fee for transcription for begin insert the end insert original begin delete ribbon or end delete printed
copy is begin delete eighty-five cents ($0.85) end delete begin insert ninety-eight cents ($0.98) end insert for
each 100 words, and for each copy purchased at the same time by
the court, party, or other person purchasing the original, begin delete fifteen
cents ($0.15) end delete begin insert seventeen cents ($0.17) end insert for each 100 words.

(b)  begin delete The end delete begin insert From January 1, 2017, to December 31, 2017, inclusive,
the end insert fee for a first copy to any court, party, or other person who
does not simultaneously purchase the original shall be begin delete twenty cents
($0.20) end delete begin insert twenty-three cents ($0.23) end insert for each 100 words, and for
each additional copy, purchased at the same time, begin delete fifteen cents
($0.15) end delete begin insert seventeen cents ($0.17) end insert for each 100 words.

begin insert

(c) This section shall remain in effect only until January 1, 2018,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2018, deletes or extends that date.

end insert begin delete

(c) Notwithstanding subdivisions (a) and (b), if a trial court had
established transcription fees that were in effect on January 1,
2012, based on an estimate or assumption as to the number of
words or folios on a typical transcript page, those transcription
fees shall be the transcription fees for proceedings in those trial
courts, and the policy or practice for determining transcription fees
in those trial courts shall not be unilaterally changed.

end delete

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 69950 is added to the end insert begin insert Government Code end insert begin insert , to
read: end insert

begin insert

begin insert 69950. end insert   

(a)  From January 1, 2018, to December 31, 2018,
inclusive, the fee for transcription for the original printed copy is
one dollar and thirteen cents ($1.13) for each 100 words, and for
each copy purchased at the same time by the court, party, or other
person purchasing the original, twenty cents ($0.20) for each 100
words.

(b)  From January 1, 2018, to December 31, 2018, inclusive,
the fee for a first copy to any court, party, or other person who
does not simultaneously purchase the original shall be twenty-six
cents ($0.26) for each 100 words, and for each additional copy,
purchased at the same time, twenty cents ($0.20) for each 100
words.

(c) This section shall become operative on January 1, 2018.

(d) This section shall remain in effect only until January 1, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 69950 is added to the end insert begin insert Government Code end insert begin insert , to
read: end insert

begin insert

begin insert 69950. end insert   

(a)  On and after January 1, 2019, the fee for
transcription for the original printed copy is one dollar twenty-four
cents ($1.24) for each 100 words, and for each copy purchased at
the same time by the court, party, or other person purchasing the
original, twenty-two cents ($0.22) for each 100 words.

(b)  On and after January 1, 2019, the fee for a first copy to any
court, party, or other person who does not simultaneously purchase
the original shall be twenty-nine cents ($0.29) for each 100 words,
and for each additional copy, purchased at the same time,
twenty-two cents ($0.22) for each 100 words.

(c) On or before April 1, 2020, and on or before each April 1
thereafter, the amounts described in subdivisions (a) and (b) shall
be increased proportionally by the increase in the Consumer Price
Index for All Urban Consumers, as published by the United States
Bureau of Statistics, for the previous calendar year, to be rounded
up to the nearest cent by the Administrative Office of the Courts.
The Administrative Office of the Courts shall also publish an
updated transcript fee schedule, and those increased fees shall
take effect on that April 1.

(d) This section shall become operative on January 1, 2019.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 69951 of the end insert begin insert Government Code end insert begin insert is amended to
read: end insert

begin delete

69951.  

For transcription, in civil cases, the reporter may charge

end delete

begin insert

begin insert 69951. end insert   

end insert

begin insert The fee for transcription is end insert an additional 50 percent for
special daily copy service.

begin delete

SECTION 1.  

Section 8009 of the Business and Professions
Code is amended to read:

8009.  

Disciplinary proceedings under this chapter shall be
conducted in accordance with Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code
and the board shall have all the powers granted therein.

end delete