BILL NUMBER: SB 1007	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 3, 2016
	AMENDED IN SENATE  APRIL 13, 2016

INTRODUCED BY   Senator Wieckowski

                        FEBRUARY 10, 2016

   An act  to amend Section 1286.2 of, and  to add
Section 1282.5  to,   to  the Code of Civil
Procedure, relating to arbitration.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1007, as amended, Wieckowski. Arbitration: transcription by
certified shorthand reporter.
   Existing law establishes standards for arbitration, and requires a
court to vacate an arbitration award if it makes certain findings.
   This bill would provide that a party to an arbitration has the
right to have a certified shorthand reporter transcribe any
deposition, proceeding, or hearing as the official record. The bill
would require  a party requesting a certified shorthand reporter
to make his or her request upon the initiation of the arbitration or
at the time that any deposition, proceeding, or hearing is being
calendared, and would also require  the party requesting the
transcript to incur the expense of the certified shorthand reporter,
except as specified in a consumer arbitration. The bill would
 also require a court to vacate an arbitration award if the
court determines that an arbitrator refused a  
authorize a party whose request has been refused by the arbitrator to
petition the court for an order to compel the arbitrator to grant
the  party's request to have a certified shorthand reporter
transcribe any deposition, proceeding, or hearing.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1282.5 is added to the Code of Civil Procedure,
to read:
   1282.5.  (a)  (1)    A party to an arbitration
has the right to have a certified shorthand reporter transcribe any
deposition, proceeding, or hearing. The transcript shall be the
official record of the deposition, proceeding, or hearing. 
   (2) A party requesting a certified shorthand reporter shall make
his or her request upon the initiation of the arbitration or at the
time that any deposition, proceeding, or hearing is being calendared.

   (b) If an arbitration agreement does not provide for a certified
shorthand reporter, the party requesting the transcript shall incur
the expense of the certified shorthand reporter. However, in a
consumer arbitration, a certified shorthand reporter shall be
provided upon request of an indigent consumer, as defined in Section
1284.3, at the expense of the nonconsumer party.
   (c) If an arbitrator refuses to allow a party to have a certified
shorthand reporter transcribe any deposition, proceeding, or hearing
pursuant to this  section and an award is made, the court
shall vacate the award under paragraph (7) of subdivision (a) of
Section 1286.2.   section, the party may petition the
  court for an order to compel the arbitrator to grant the
party's request.  
  SEC. 2.    Section 1286.2 of the Code of Civil
Procedure is amended to read:
   1286.2.  (a) Subject to Section 1286.4, the court shall vacate the
award if the court determines any of the following:
   (1) The award was procured by corruption, fraud, or other undue
means.
   (2) There was corruption in any of the arbitrators.
   (3) The rights of the party were substantially prejudiced by
misconduct of a neutral arbitrator.
   (4) The arbitrators exceeded their powers and the award cannot be
corrected without affecting the merits of the decision upon the
controversy submitted.
   (5) The rights of the party were substantially prejudiced by the
refusal of the arbitrators to postpone the hearing upon sufficient
cause being shown, by the refusal of the arbitrators to hear evidence
material to the controversy, or by other conduct of the arbitrators
contrary to the provisions of this title.
   (6) An arbitrator making the award either: (A) failed to disclose
within the time required for disclosure a ground for disqualification
of which the arbitrator was then aware; or (B) was subject to
disqualification upon grounds specified in Section 1281.91 but
failed, upon receipt of timely demand, to disqualify himself or
herself as required by that provision. However, this subdivision does
not apply to arbitration proceedings conducted under a collective
bargaining agreement between employers and employees or between their
respective representatives.
   (7) An arbitrator refused a party's request under Section 1282.5
for a shorthand reporter.
   (b) Petitions to vacate an arbitration award pursuant to Section
1285 are subject to the provisions of Section 128.7.