BILL ANALYSIS Ó
AB 2629
Page 1
GOVERNOR'S VETO
AB
2629 (Roger Hernández)
As Enrolled September 2, 2016
2/3 vote
--------------------------------------------------------------------
|ASSEMBLY: |52-26 |(June 2, 2016) |SENATE: |24-13 |(August 22, |
| | | | | |2016) |
| | | | | | |
| | | | | | |
--------------------------------------------------------------------
--------------------------------------------------------------------
|ASSEMBLY: |51-27 |(August 25, | | | |
| | |2016) | | | |
| | | | | | |
| | | | | | |
--------------------------------------------------------------------
Original Committee Reference: JUD.
SUMMARY: Increases the fees charged by court reporters for
original transcripts by 33% and for copies by 45%, through step
increases over the next five years, commencing in 2017.
Specifically, this bill:
AB 2629
Page 2
1)Provides that the fee for transcription for the original
printed copy, which reflects an amount assessed for each 100
words (also known as the "folio rate") will be charged as
follows:
a) From January 1, 2017 to December 31, 2018: $0.93 per
100 words (an increase from $0.85.)
b) From January 1, 2019 to December 31, 2020: $1.03 per
100 words.
c) Beginning January 1, 2021: $1.13 per 100 words.
2)Provides that the fee for each copy purchased at the same time
by the court, party, or other person purchasing the original
will be charged as follows:
a) From January 1, 2017 to December 31, 2018: $0.16 per
100 words (an increase from $0.15).
b) From January 1, 2019 to December 31, 2020: $0.18 per
100 words.
c) Beginning January 1, 2021: $0.20 per 100 words.
3)Provides that the fee for a first copy to any court, party, or
other person who does not simultaneously purchase the original
will be charged as follows:
AB 2629
Page 3
a) From January 1, 2017 to December 31, 2018: $0.21 per
100 words (an increase from $0.20), and $0.16 for each
additional copy purchased at the same time.
b) From January 1, 2019 to December 31, 2020: $0.23 per
100 words, and $0.18 for each additional copy purchased at
the same time.
c) Beginning January 1, 2021: $0.26 per 100 words, and
$0.20 for each additional copy purchased at the same time.
4)Clarifies that the fee for special daily copy service
transcription is an additional 50%.
5)Requires the Judicial Council to report to the Legislature, by
January 1, 2021, on recommendations to increase uniformity in
transcript rate expenditures with the intent not to reduce the
rates of pay or overall compensation of court reporters or
jeopardize collective bargaining agreements.
6)Makes legislative findings and declarations.
The Senate amendments reduce the transcript fee increase for
copies and require the Judicial Council study.
EXISTING LAW:
1)Specifies the following transcript-related fees:
AB 2629
Page 4
a) The fee for transcription for the original copy is $0.85
for each 100 words.
b) The fee for each copy purchased at the same time by the
court, party, or other person purchasing the original is
$0.15 per 100 words.
c) The fee for a first copy to any court, party, or other
person who does not simultaneously purchase the original is
$0.20 per 100 words, and $0.15 for each additional copy
purchased at the same time.
2)Provides that, notwithstanding 1) above, if a local trial
court had established transcription fees in effect on January
1, 2012 based on an estimate 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.
3)Establishes the Transcript Reimbursement Fund (Fund) for the
purpose of providing shorthand reporting services to
low-income litigants in civil cases who are unable to
otherwise afford those services. More specifically, requires
funds generated by court reporter licensing fees, in excess of
funds needed to support the Court Reporter Board's operating
budget, to be used by the Board for the purpose of
establishing and maintaining the Fund. Authorizes the Fund
only until January 1, 2017, unless another statute is enacted
before that date that deletes or extends the sunset date.
4)Permits, until January 1, 2017, a person appearing pro se at
any stage of the case to apply to receive assistance with
AB 2629
Page 5
transcription costs from the Fund, subject to a limit of
$1,500 per case and not to exceed $30,000 annually for all
cases.
FISCAL EFFECT: According to the Senate Appropriations
Committee:
1)Trial court costs: Potentially significant increase in annual
court costs (General Fund*) resulting from the transcript fee
increases imposed incrementally over five years. Court
expenditures on transcripts total about $20 million annually.
Based on the proposed fee increases, costs to the courts
statewide could potentially increase incrementally by up to
$1.8 million to $6.6 million (General Fund*) over the
five-year period, and annually thereafter, assuming a
consistent level of transcription usage and adoption of the
mandated rates statewide. However, staff notes the estimated
statewide costs are projected to be lower to account for the
proportion of costs attributable to local courts with pre-2012
established rates that may remain unchanged. At the time of
this analysis, the data indicating the proportion of annual
costs attributable to courts with grandfathered rates was
unavailable.
2)Transcript Reimbursement Fund: Potential future increases in
reimbursements paid out of the Transcript Reimbursement Fund
(Special Fund**) for higher reimbursement costs for
transcripts for low income litigants, to the extent the Court
Reporters Board and its administration of the Transcript
Reimbursement Fund are extended beyond the impending sunset
date of January 1, 2017.
*Trial Court Trust Fund **Transcript Reimbursement Fund
AB 2629
Page 6
COMMENTS: A court transcript is a verbatim record of what
occurred at a court hearing. Without that official record of
what transpired at a court proceeding, litigants may be unable
to draft orders effectively and will generally not be able to
appeal decisions, and those attempting to recount what actually
happened during proceedings will be unable to so with any degree
of accuracy. The fee charged by court reporters for original
transcripts has not been increased since 1990. This bill seeks
to increase the fee for original transcripts by approximately
33% and for copies by approximately 45%, through step increases
over the next five years, commencing in 2017.
The last increase in the transcript fee occurred through SB 2376
(Presley), Chapter 505, Statutes of 1990, which increased the
transcription fee, effective 1991, for court reporters from
$0.70 to $0.85 per 100 words for an original transcript, and
from $0.10 to $0.15 per 100 words for each copy of a transcript
ordered at the same time as the original. Since 1990, the
Consumer Price Index, as calculated by the Bureau of Labor
Statistics, has increased by 81%, but the cost of transcriptions
has not increased.
Access to a court transcript is an important component of access
to justice. Without the official record of what transpired at a
court proceeding, litigants may be unable to draft orders
effectively and will generally not be able to appeal decisions,
and those attempting to recount what actually happened during
proceedings will be unable to so with any degree of accuracy.
For example, when issuing a judgment in a contested family law
matter, the judge often requires one of the parties to prepare a
written judgment memorializing the orders of the court. Without
a transcript, preparation of a judgment, and therefore enforcing
the orders made by the judge, may be all but impossible.
Similarly, if a litigant seeks to modify a judgment based on a
change of circumstances, it is often necessary to understand,
and communicate to the court, the circumstances the court
initially took into account in making a custody or support
AB 2629
Page 7
order, for example. Absent a transcript, this too may be very
difficult.
The Transcript Reimbursement Fund for represented and
unrepresented indigent litigants. In order to defray the costs
of court transcripts for indigent litigants, the Legislature
created the Transcript Reimbursement Fund. The Fund was
established by AB 1017 (Alatorre), Chapter 1350, Statutes of
1980, and is maintained by a percentage of the dues imposed on
certified shorthand reporters. AB 1017 was sponsored by the
Western Center on Law and Poverty and California Rural Legal
Assistance who argued that "because indigent litigants are
unable to pay for transcripts they are effectively denied
appropriate legal remedies." The Fund is used to reimburse
court reporters the cost of preparing official court and
deposition transcripts for indigent litigants, as defined,
served by a qualified legal services project, qualified support
center or other qualified project, or a pro bono attorney.
Because of concerns that the huge volume of unrepresented
parties could overwhelm the Fund, it had historically excluded
litigants representing themselves at any stage of the case. The
Fund receives $300,000 each year from court reporter license
fees.
Unfortunately, not all indigent litigants are able to secure
counsel to represent them. In fact, most indigent litigants in
areas such as family law are forced to represent themselves in
court. In response to concerns that indigent, unrepresented
litigants have no ability to access the Fund, SB 1181 (Cedillo),
Chapter 518, Statutes of 2010, established a small sub-fund to
help cover the costs of transcripts for indigent, unrepresented
litigants. That sub-fund is limited to $30,000 annually, which
is taken from the $300,000 in the Fund for represented
litigants, and covers, at most, $1,500 per case. It appears
that while the total Fund has not been fully expended in the
last decade, the $30,000 sub-fund for unrepresented litigants is
used up early every year, so that many unrepresented litigants
AB 2629
Page 8
are still unable to obtain assistance from the Fund.
Regardless of the effectiveness of both programs in meeting the
needs of indigent litigants, both the Fund for indigent
represented litigants and the sub-fund for unrepresented
litigants was scheduled to sunset effective January 1, 2017. AB
2192 (Salas), Chapter 567, Statutes 2016, extends the sunset
date for the $300,000 Transcript Reimbursement Fund until
January 1, 2020 and increases the sub-fund available for
unrepresented litigants to $75,000.
GOVERNOR'S VETO MESSAGE:
"This bill would increase the fee that court reporters can
charge for a court proceeding transcript.
"This bill results in additional pressure to the General Fund by
increasing costs to the judicial system. It covers spending
that is more appropriately considered during the budget
process."
Analysis Prepared by:
Leora Gershenzon / JUD. / (916) 319-2334 FN:
0005071
AB 2629
Page 9