BILL NUMBER: AB 2076	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Ma

                        FEBRUARY 23, 2012

   An act to amend Section 68086 of the Government Code, relating to
courts.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2076, as introduced, Ma. Official court reporter fee.
   Existing law requires the charge of an official court reporter
fee, in addition to any other fee required in civil actions or cases,
for each proceeding lasting more than one hour, in an amount equal
to the actual cost of providing that service per one-half day of
services to the parties, on a pro rata basis, for the services of an
official court reporter on the first and each succeeding judicial day
those services are provided, as specified. Fees collected pursuant
to this provision may be used only to pay for services of an official
court reporter in civil proceedings. Existing law requires the
Judicial Council to report on or before February 1 of each year to
the Joint Legislative Budget Committee on specified fees collected by
courts, and the total amount spent for services of official court
reporters in civil proceedings statewide in the prior fiscal year.
   This bill would permit the court in which the official court
reporter fee was collected to retain that fee. The bill also would
repeal the above-described reporting requirement of the Judicial
Council.
   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.  It is the intent of the Legislature in enacting this
act to authorize local trial courts to retain the civil court
reporter fee collected pursuant to Section 68086 of the Government
Code, to incentivize the consistent and efficient collection of the
mandated civil court reporter fee and to continue an incentive for
courts to use the services of an official court reporter in civil
proceedings.
  SEC. 2.  Section 68086 of the Government Code is amended to read:
   68086.  (a) The following provisions apply in superior court:
   (1) In addition to any other fee required in civil actions or
cases, for each proceeding lasting more than one hour, a fee equal to
the actual cost of providing that service shall be charged per
one-half day of services to the parties, on a pro rata basis, for the
services of an official court reporter on the first and each
succeeding judicial day those services are provided pursuant to
Section 269 of the Code of Civil Procedure.
   (2) All parties shall deposit their pro rata shares of these fees
with the clerk of the court as specified by the court, but not later
than the conclusion of each day's court session.
   (3) For purposes of this section, "one-half day" means any period
of judicial time, in excess of one hour  ,  but not more
than four hours, during either the morning or afternoon court
session.
   (4) The costs for the services of the official court reporter
shall be recoverable as taxable costs by the prevailing party as
otherwise provided by law.
   (5) The Judicial Council shall adopt rules to ensure all of the
following:
   (A) That parties are given adequate and timely notice of the
availability of an official court reporter.
   (B) That if an official court reporter is not available, a party
may arrange for the presence of a certified shorthand reporter to
serve as an official pro tempore reporter, the costs 
therefore   therefor  recoverable as provided in
paragraph (4).
   (C) That if the services of an official pro tempore reporter are
utilized pursuant to subparagraph (B), no other charge  will
  shall  be made to the parties.
   (b) The fees collected pursuant to this section shall be used only
to pay  the cost  for services of an official court
reporter in civil proceedings  and shall be retained by the
court in which the fee was collected  . 
   (c) The Judicial Council shall report on or before February 1 of
each year to the Joint Legislative Budget Committee on the fees
collected by courts pursuant to this section and Section 68086.1, and
the total amount spent for services of official court reporters in
civil proceedings statewide in the prior fiscal year.