Amended in Senate August 15, 2016

Amended in Assembly May 31, 2016

Amended in Assembly April 20, 2016

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 amend Section 69951 of, begin delete and end delete to amend, repeal, and add Section 69950 of, begin insert and to add and repeal Section 69950.5 of, end insert the Government Code, relating to court reporters.

LEGISLATIVE COUNSEL’S DIGEST

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

Existing law provides 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, 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 begin insert purchased at end insert begin insert the same time, and copies purchased thereafter without the original transcript, end insert incrementally commencing January 1, begin delete 2017. The bill would provide that on and after January 1, 2021, the fee for an original transcript is $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. end delete begin insert 2017, except as specified. end insert The bill would also provide that the fee for transcription is an additional 50% for special daily copy service. begin insert The bill would require the Judicial Council to report to the Legislature by January 1, 2021, with regard to transcript fees, as specified. end insert

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-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, begin delete seventeen cents ($0.17) end delete begin insert sixteen cents
($0.16) end insert 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 begin delete twenty-three
cents ($0.23) end delete begin insert twenty-one cents ($0.21) end insert for each 100 words, and
for each additional copy, purchased at the same time, begin delete seventeen
cents ($0.17) end delete begin insert sixteen cents ($0.16) end insert 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.

(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 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, begin delete twenty cents ($0.20) end delete begin insert eighteen cents ($0.18) end insert
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 begin delete twenty-six
cents ($0.26) 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 twenty cents
($0.20) end delete begin insert eighteen cents ($0.18) end insert 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.

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

(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 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, begin delete twenty-two cents ($0.22) end delete begin insert twenty cents ($0.20) end insert 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 begin delete twenty-nine cents ($0.29) end delete begin insert twenty-six cents
($0.26) end insert for each 100 words, and for each additional copy, purchased
at the same time, begin delete twenty-two cents ($0.22) end delete begin insert twenty cents ($0.20) end insert
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.

(d) This section shall become operative on January 1, 2021.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 69950.5 is added to the end insert begin insert Government Code end insert begin insert , to
read: end insert

begin insert

begin insert 69950.5. end insert   

(a) On or before January 1, 2021, the Judicial
Council shall report to the Legislature recommendations to
increase uniformity in transcript rate expenditures in California.
The intent of the report shall be to not reduce the rate of pay or
overall compensation to reporters or jeopardize collective
bargaining agreements. The Judicial Council shall work in
collaboration with key stakeholder groups, including the California
Court Reporters Association, the Court Reporters Board of
California, and relevant labor unions.

(b) The report to be submitted pursuant to subdivision (a) shall
be submitted in compliance with Section 9795.

(c) This section shall remain in effect only until January 1, 2025,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2025, deletes or extends that date.

end insert

begin delete SEC. 5. end delete

begin insert SEC. 6. end insert   

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.