BILL NUMBER: AB 2629	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 31, 2016
	AMENDED IN ASSEMBLY  APRIL 20, 2016
	AMENDED IN ASSEMBLY  MARCH 18, 2016

INTRODUCED BY   Assembly Member Roger Hernández

                        FEBRUARY 19, 2016

   An act to 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   that, except as
specified,  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
  that, except as specified,  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, 2021, the fee for an original
transcript is  $1.24   $1.13  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, 2021,
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 also provide that the fee for
transcription is an additional 50% for special daily copy service.
   Vote: majority. Appropriation: no. Fiscal committee: 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) From January 1, 2017, to December 31, 2018, inclusive,
the fee for transcription for the original printed copy is 
ninety-eight cents ($0.98)   ninety-three cents ($0.93)
 for each 100 words, and for each copy purchased at the same
time by the court, party, or other person purchasing the original,
seventeen cents ($0.17) for each 100 words.
   (b) From January 1, 2017, 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-three cents
($0.23) for each 100 words, and for each additional copy, purchased
at the same time, seventeen cents ($0.17) for each 100 words. 
   (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.  
   (c) 
    (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. 3.  Section 69950 is added to the Government Code, to read:
   69950.  (a)  From January 1, 2019, to December 31, 2020,
inclusive, the fee for transcription for the original printed copy is
 one dollar and thirteen cents ($1.13)   one
dollar and three cents ($1.03)  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, 2019, to December 31, 2020, 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) 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.  
   (c) 
    (d)  This section shall become operative on January 1,
2019. 
   (d) 
    (e)  This section shall remain in effect only until
January 1, 2021, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2021, deletes or
extends that date.
  SEC. 4.  Section 69950 is added to the Government Code, to read:
   69950.  (a)  On and after January 1, 2021, the fee for
transcription for the original printed copy is  one dollar
twenty-four cents ($1.24)   one dollar 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-two cents ($0.22) for each 100 words.
   (b)  On and after January 1, 2021, 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) 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.  
   (c) 
    (d)  This section shall become operative on January 1,
2021.
  SEC. 5.  Section 69951 of the Government Code is amended to read:
   69951.  The fee for transcription is an additional 50 percent for
special daily copy service.