BILL NUMBER: AB 2629 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 18, 2016
INTRODUCED BY Assembly Member Roger Hernández
FEBRUARY 19, 2016
An act to amend Section 8009 of the Business and
Professions Code, amend Section 69951 of, and to
amend, repeal, and add Section 69950 of, the Government Code,
relating to court reporters.
LEGISLATIVE COUNSEL'S DIGEST
AB 2629, as amended, Roger Hernández. Court reporters.
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.
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.
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.
This bill would make a nonsubstantive change to this requirement.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all
of the following:
(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.
(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.
(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.
(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.
(e) Therefore, it is necessary to revise the fees for transcripts
prepared by official court reporters and court reporters pro tempore.
SEC. 2. Section 69950 of the Government
Code is amended to read:
69950. (a) The From January 1, 2017, to
December 31, 2017, inclusive, the fee for transcription for
the original ribbon or printed copy is
eighty-five cents ($0.85) ninety-eight cents
($0.98) for each 100 words, and for each copy purchased at the
same time by the court, party, or other person purchasing the
original, fifteen cents ($0.15) seventeen
cents ($0.17) for each 100 words.
(b) The From January 1, 2017, to December
31, 2017, inclusive, the fee for a first copy to any court,
party, or other person who does not simultaneously purchase the
original shall be twenty cents ($0.20)
twenty-three cents ($0.23) for each 100 words, and for each
additional copy, purchased at the same time, fifteen cents
($0.15) seventeen cents ($0.17) for each 100
words.
(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.
(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.
SEC. 3. Section 69950 is added to the
Government Code , to read:
69950. (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.
SEC. 4. Section 69950 is added to the
Government Code , to read:
69950. (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.
SEC. 5. Section 69951 of the Government
Code is amended to read:
69951. For transcription, in civil cases, the reporter may charge
69951. The fee for transcription is an
additional 50 percent for special daily copy service.
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.