BILL NUMBER: SB 1007	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 15, 2016
	AMENDED IN SENATE  MAY 3, 2016
	AMENDED IN SENATE  APRIL 13, 2016

INTRODUCED BY   Senator Wieckowski

                        FEBRUARY 10, 2016

   An act to add Section 1282.5 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   in a demand, response, answer, or
counterclaim related to the  arbitration,  or at
 the time that any   a pre-hearing scheduling
conference at which a  deposition, proceeding, or hearing is
being  calendared, and   calendared. The bill
 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 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  , and for an order to stay any
deposition, proceeding, or hearing pending the court's determination
of the petition  .
   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.   in or at either of the following: 

   (A) A demand for arbitration, or a response, answer, or
counterclaim to a demand for arbitration.  
   (B) A pre-hearing scheduling conference at which a 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, the party may petition the court for an
order to compel the arbitrator to grant the party's request.  The
petition may include a request for an order to stay any deposition,
proceeding, or hearing related to the arbitration pending the court's
determination of the petition.  
   (d) This section does not add grounds for vacating an arbitration
award pursuant to subdivision (a) of Section 1286.2 or for correcting
an arbitration award pursuant to Section 1286.6.