BILL NUMBER: AB 2629 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 15, 2016
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, and to add and repeal Section
69950.5 of, 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 purchased at the same time, and copies
purchased thereafter without the original transcript,
incrementally commencing January 1, 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.
2017, except as specified. The bill would also provide that the
fee for transcription is an additional 50% for special daily copy
service. The bill would require the Judicial Council to report
to the Legislature by January 1, 2021, with regard to transcript
fees, as specified.
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, seventeen cents ($0.17)
sixteen cents ($0.16) 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) twenty-one cents ($0.21) for each
100 words, and for each additional copy, purchased at the same time,
seventeen cents ($0.17) sixteen cents ($0.16)
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, twenty cents ($0.20)
eighteen cents ($0.18) 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) twenty-three cents ($0.23) for
each 100 words, and for each additional copy, purchased at the same
time, twenty cents ($0.20) eighteen cents
($0.18) 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, twenty-two cents ($0.22) twenty
cents ($0.20) 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)
twenty-six cents ($0.26) for each 100 words, and for each
additional copy, purchased at the same time, twenty-two
cents ($0.22) 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.
(d) This section shall become operative on January 1, 2021.
SEC. 5. Section 69950.5 is added to the
Government Code , to read:
69950.5. (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.
SEC. 5. SEC. 6. 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.