BILL NUMBER: AB 2076 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 9, 2012
INTRODUCED BY Assembly Member Ma
FEBRUARY 23, 2012
An act to amend Section Sections 68085.1,
68086 , 68086.1, and 69953.5 of the Government Code,
relating to courts.
LEGISLATIVE COUNSEL'S DIGEST
AB 2076, as amended, 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
1/2 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.
Existing law further requires that, whenever a daily transcript
is ordered in a civil case requiring the services of more than one
reporter, the party requesting the transcript must pay a fee equal to
the per diem rate for pro tempore reporters in addition to any other
required fee.
This bill would permit require t
he official court reporter fee to be charged for each proceeding
lasting more than an unspecified number of minutes and would
authorize 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.
The bill would also authorize the court collecting a
per diem fee for a daily transcript to retain that fee to offset the
cost of the additional court reporter.
Existing law establishes filing fees in specified civil
proceedings. Existing law further establishes the Trial Court Trust
Fund and requires that $30 of the amount distributed to the Trial
Court Trust Fund from specified filing fees be used for the services
of an official court reporter in civil proceedings.
The bill would require that $30 of specified filing fees be
retained by the court in which the fee was collected and be used for
official court reporter services in civil proceedings.
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.
SECTION 1. Section 68085.1 of the
Government Code , as amended by Section 4 of Chapter 457
of the Statutes of 2009, is amended to read:
68085.1. (a) This section applies to all fees and fines that are
collected on or after January 1, 2006, under all of the following:
(1) Sections 177.5, 209, 403.060, 491.150, 631.3, 683.150,
704.750, 708.160, 724.100, 1134, 1161.2, 1218, and 1993.2 of,
subdivision (g) of Section 411.20 and subdivisions (c) and (g) of
Section 411.21 of, and Chapter 5.5 (commencing with Section 116.110)
of Title 1 of Part 1 of, the Code of Civil Procedure.
(2) Section 3112 of the Family Code.
(3) Section 31622 of the Food and Agricultural Code.
(4) Subdivision (d) of Section 6103.5, Sections 68086 and
68086.1, subdivision (d) of Section 68511.3,
Sections Section 68926.1 and 69953.5
, and Chapter 5.8 (commencing with Section 70600).
(5) Section 103470 of the Health and Safety Code.
(6) Subdivisions (b) and (c) of Section 166 and Section 1214.1 of
the Penal Code.
(7) Sections 1835, 1851.5, 2343, 7660, and 13201 of the Probate
Code.
(8) Sections 14607.6 and 16373 of the Vehicle Code.
(9) Section 71386 of this code, Sections 304, 7851.5, and 9002 of
the Family Code, and Section 1513.1 of the Probate Code, if the
reimbursement is for expenses incurred by the court.
(10) Section 3153 of the Family Code, if the amount is paid to the
court for the cost of counsel appointed by the court to represent a
child.
(b) On and after January 1, 2006, each superior court shall
deposit all fees and fines listed in subdivision (a), as soon as
practicable after collection and on a regular basis, into a bank
account established for this purpose by the Administrative Office of
the Courts. Upon direction of the Administrative Office of the
Courts, the county shall deposit civil assessments under Section
1214.1 of the Penal Code and any other money it collects under the
sections listed in subdivision (a) as soon as practicable after
collection and on a regular basis into the bank account established
for this purpose and specified by the Administrative Office of the
Courts. The deposits shall be made as required by rules adopted by,
and financial policies and procedures authorized by, the Judicial
Council under subdivision (a) of Section 77206. Within 15 days after
the end of the month in which the fees and fines are collected, each
court, and each county that collects any fines or fees under
subdivision (a), shall provide the Administrative Office of the
Courts with a report of the fees by categories as specified by the
Administrative Office of the Courts. The Administrative Office of the
Courts and any court may agree upon a time period greater than 15
days, but in no case more than 30 days after the end of the month in
which the fees and fines are collected. The fees and fines listed in
subdivision (a) shall be distributed as provided in this section.
(c) (1) Within 45 calendar days after the end of the month in
which the fees and fines listed in subdivision (a) are collected, the
Administrative Office of the Courts shall make the following
distributions:
(A) To the small claims advisory services, as described in
subdivision (f) of Section 116.230 of the Code of Civil Procedure.
(B) To dispute resolution programs, as described in subdivision
(b) of Section 68085.3 and subdivision (b) of Section 68085.4.
(C) To the county law library funds, as described in Sections
116.230 and 116.760 of the Code of Civil Procedure, subdivision (b)
of Section 68085.3, subdivision (b) of Section 68085.4, and Section
70621 of this code, and Section 14607.6 of the Vehicle Code.
(D) To the courthouse construction funds in the Counties of
Riverside, San Bernardino, and San Francisco, as described in
Sections 70622, 70624, and 70625.
(E) Commencing July 1, 2011, to the Trial Court Trust Fund, as
described in subdivision (d) of Section 70626, to be used by the
Judicial Council to implement and administer the civil representation
pilot program under Section 68651.
(2) If any distribution under this subdivision is delinquent, the
Administrative Office of the Courts shall add a penalty to the
distribution as specified in subdivision (i).
(d) Within 45 calendar days after the end of the month in which
the fees and fines listed in subdivision (a) are collected, the
amounts remaining after the distributions in subdivision (c) shall be
transmitted to the State Treasury for deposit in the Trial Court
Trust Fund and other funds as required by law. This remittance shall
be accompanied by a remittance advice identifying the collection
month and the appropriate account in the Trial Court Trust Fund or
other fund to which it is to be deposited. Upon the receipt of any
delinquent payment required under this subdivision, the Controller
shall calculate a penalty as provided under subdivision (i).
(e) From the money transmitted to the State Treasury under
subdivision (d), the Controller shall make deposits as follows:
(1) Into the State Court Facilities Construction Fund, the Judges'
Retirement Fund, and the Equal Access Fund, as described in
subdivision (c) of Section 68085.3 and subdivision (c) of Section
68085.4.
(2) Into the Health Statistics Special Fund, as described in
subdivision (b) of Section 70670 of this code and Section 103730 of
the Health and Safety Code.
(3) Into the Family Law Trust Fund, as described in Section 70674.
(4) Into the Immediate and Critical Needs Account of the State
Court Facilities Construction Fund, established in Section 70371.5,
as described in Sections 68085.3, 68085.4, and 70657.5, and
subdivision (e) of Section 70617.
(5) The remainder of the money shall be deposited into the Trial
Court Trust Fund.
(f) The amounts collected by each superior court under Section
116.232, subdivision (g) of Section 411.20, and subdivision (g) of
Section 411.21 of the Code of Civil Procedure, Sections 304, 3112,
3153, 7851.5, and 9002 of the Family Code, subdivision (d) of Section
6103.5, subdivision (d) of Section 68511.3 and Sections 68926.1,
69953.5, 70627, 70631, 70640, 70661, 70678, and
71386 of this code, and Sections 1513.1, 1835, 1851.5, and 2343 of
the Probate Code shall be added to the monthly apportionment for that
court under subdivision (a) of Section 68085.
(g) If any of the fees provided in subdivision (a) are partially
waived by court order or otherwise reduced, and the fee is to be
divided between the Trial Court Trust Fund and any other fund or
account, the amount of the reduction shall be deducted from the
amount to be distributed to each fund in the same proportion as the
amount of each distribution bears to the total amount of the fee. If
the fee is paid by installment payments, the amount distributed to
each fund or account from each installment shall bear the same
proportion to the installment payment as the full distribution to
that fund or account does to the full fee. If a court collects a fee
that was incurred before January 1, 2006, under a provision that was
the predecessor to one of the paragraphs contained in subdivision
(a), the fee may be deposited as if it were collected under the
paragraph of subdivision (a) that corresponds to the predecessor of
that paragraph and distributed in prorated amounts to each fund or
account to which the fee in subdivision (a) must be distributed.
(h) Except as provided in Sections 470.5 and 6322.1 of the
Business and Professions Code, and Sections 70622, 70624, and 70625
of this code, no agency may take action to change the amounts
allocated to any of the funds described in subdivision (c), (d), or
(e).
(i) The amount of the penalty on any delinquent payment under
subdivision (c) or (d) shall be calculated by multiplying the amount
of the delinquent payment at a daily rate equivalent to 11/2 percent
per month for the number of days the payment is delinquent. The
penalty shall be paid from the Trial Court Trust Fund. Penalties on
delinquent payments under subdivision (d) shall be calculated only on
the amounts to be distributed to the Trial Court Trust Fund and the
State Court Facilities Construction Fund, and each penalty shall be
distributed proportionately to the funds to which the delinquent
payment was to be distributed.
(j) If a delinquent payment under subdivision (c) or (d) results
from a delinquency by a superior court under subdivision (b), the
court shall reimburse the Trial Court Trust Fund for the amount of
the penalty. Notwithstanding Section 77009, any penalty on a
delinquent payment that a court is required to reimburse pursuant to
this section shall be paid from the court operations fund for that
court. The penalty shall be paid by the court to the Trial Court
Trust Fund no later than 45 days after the end of the month in which
the penalty was calculated. If the penalty is not paid within the
specified time, the Administrative Office of the Courts may reduce
the amount of a subsequent monthly allocation to the court by the
amount of the penalty on the delinquent payment.
(k) If a delinquent payment under subdivision (c) or (d) results
from a delinquency by a county in transmitting fees and fines listed
in subdivision (a) to the bank account established for this purpose,
as described in subdivision (b), the county shall reimburse the Trial
Court Trust Fund for the amount of the penalty. The penalty shall be
paid by the county to the Trial Court Trust Fund no later than 45
days after the end of the month in which the penalty was calculated.
(l) This section shall become inoperative on July 1, 2017, and, as
of January 1, 2018, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2018, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 2. Section 68085. 1 of the
Government Code , as added by Section 5 of Chapter
457 of the Statutes of 2009, is amended to read:
68085.1. (a) This section applies to all fees and fines that are
collected on or after January 1, 2006, under all of the following:
(1) Sections 177.5, 209, 403.060, 491.150, 631.3, 683.150,
704.750, 708.160, 724.100, 1134, 1161.2, 1218, and 1993.2 of,
subdivision (g) of Section 411.20 and subdivisions (c) and (g) of
Section 411.21 of, and Chapter 5.5 (commencing with Section 116.110)
of Title 1 of Part 1 of, the Code of Civil Procedure.
(2) Section 3112 of the Family Code.
(3) Section 31622 of the Food and Agricultural Code.
(4) Subdivision (d) of Section 6103.5, Sections 68086 and
68086.1, subdivision (d) of Section 68511.3,
Sections Section 68926.1 and 69953.5
, and Chapter 5.8 (commencing with Section 70600).
(5) Section 103470 of the Health and Safety Code.
(6) Subdivisions (b) and (c) of Section 166 and Section 1214.1 of
the Penal Code.
(7) Sections 1835, 1851.5, 2343, 7660, and 13201 of the Probate
Code.
(8) Sections 14607.6 and 16373 of the Vehicle Code.
(9) Section 71386 of this code, Sections 304, 7851.5, and 9002 of
the Family Code, and Section 1513.1 of the Probate Code, if the
reimbursement is for expenses incurred by the court.
(10) Section 3153 of the Family Code, if the amount is paid to the
court for the cost of counsel appointed by the court to represent a
child.
(b) On and after January 1, 2006, each superior court shall
deposit all fees and fines listed in subdivision (a), as soon as
practicable after collection and on a regular basis, into a bank
account established for this purpose by the Administrative Office of
the Courts. Upon direction of the Administrative Office of the
Courts, the county shall deposit civil assessments under Section
1214.1 of the Penal Code and any other money it collects under the
sections listed in subdivision (a) as soon as practicable after
collection and on a regular basis into the bank account established
for this purpose and specified by the Administrative Office of the
Courts. The deposits shall be made as required by rules adopted by,
and financial policies and procedures authorized by, the Judicial
Council under subdivision (a) of Section 77206. Within 15 days after
the end of the month in which the fees and fines are collected, each
court, and each county that collects any fines or fees under
subdivision (a), shall provide the Administrative Office of the
Courts with a report of the fees by categories as specified by the
Administrative Office of the Courts. The Administrative Office of the
Courts and any court may agree upon a time period greater than 15
days, but in no case more than 30 days after the end of the month in
which the fees and fines are collected. The fees and fines listed in
subdivision (a) shall be distributed as provided in this section.
(c) (1) Within 45 calendar days after the end of the month in
which the fees and fines listed in subdivision (a) are collected, the
Administrative Office of the Courts shall make the following
distributions:
(A) To the small claims advisory services, as described in
subdivision (f) of Section 116.230 of the Code of Civil Procedure.
(B) To dispute resolution programs, as described in subdivision
(b) of Section 68085.3 and subdivision (b) of Section 68085.4.
(C) To the county law library funds, as described in Sections
116.230 and 116.760 of the Code of Civil Procedure, subdivision (b)
of Section 68085.3, subdivision (b) of Section 68085.4, and Section
70621 of this code, and Section 14607.6 of the Vehicle Code.
(D) To the courthouse construction funds in the Counties of
Riverside, San Bernardino, and San Francisco, as described in
Sections 70622, 70624, and 70625.
(2) If any distribution under this subdivision is delinquent, the
Administrative Office of the Courts shall add a penalty to the
distribution as specified in subdivision (i).
(d) Within 45 calendar days after the end of the month in which
the fees and fines listed in subdivision (a) are collected, the
amounts remaining after the distributions in subdivision (c) shall be
transmitted to the State Treasury for deposit in the Trial Court
Trust Fund and other funds as required by law. This remittance shall
be accompanied by a remittance advice identifying the collection
month and the appropriate account in the Trial Court Trust Fund or
other fund to which it is to be deposited. Upon the receipt of any
delinquent payment required under this subdivision, the Controller
shall calculate a penalty as provided under subdivision (i).
(e) From the money transmitted to the State Treasury under
subdivision (d), the Controller shall make deposits as follows:
(1) Into the State Court Facilities Construction Fund, the Judges'
Retirement Fund, and the Equal Access Fund, as described in
subdivision (c) of Section 68085.3 and subdivision (c) of Section
68085.4.
(2) Into the Health Statistics Special Fund, as described in
subdivision (b) of Section 70670 of this code and Section 103730 of
the Health and Safety Code.
(3) Into the Family Law Trust Fund, as described in Section 70674.
(4) Into the Immediate and Critical Needs Account of the State
Court Facilities Construction Fund, established in Section 70371.5,
as described in Sections 68085.3, 68085.4, and 70657.5, and
subdivision (e) of Section 70617.
(5) The remainder of the money shall be deposited into the Trial
Court Trust Fund.
(f) The amounts collected by each superior court under Section
116.232, subdivision (g) of Section 411.20, and subdivision (g) of
Section 411.21 of the Code of Civil Procedure, Sections 304, 3112,
3153, 7851.5, and 9002 of the Family Code, subdivision (d) of Section
6103.5, subdivision (d) of Section 68511.3 and Sections 68926.1,
69953.5, 70627, 70631, 70640, 70661, 70678, and
71386 of this code, and Sections 1513.1, 1835, 1851.5, and 2343 of
the Probate Code shall be added to the monthly apportionment for that
court under subdivision (a) of Section 68085.
(g) If any of the fees provided in subdivision (a) are partially
waived by court order or otherwise reduced, and the fee is to be
divided between the Trial Court Trust Fund and any other fund or
account, the amount of the reduction shall be deducted from the
amount to be distributed to each fund in the same proportion as the
amount of each distribution bears to the total amount of the fee. If
the fee is paid by installment payments, the amount distributed to
each fund or account from each installment shall bear the same
proportion to the installment payment as the full distribution to
that fund or account does to the full fee. If a court collects a fee
that was incurred before January 1, 2006, under a provision that was
the predecessor to one of the paragraphs contained in subdivision
(a), the fee may be deposited as if it were collected under the
paragraph of subdivision (a) that corresponds to the predecessor of
that paragraph and distributed in prorated amounts to each fund or
account to which the fee in subdivision (a) must be distributed.
(h) Except as provided in Sections 470.5 and 6322.1 of the
Business and Professions Code, and Sections 70622, 70624, and 70625
of this code, no agency may take action to change the amounts
allocated to any of the funds described in subdivision (c), (d), or
(e).
(i) The amount of the penalty on any delinquent payment under
subdivision (c) or (d) shall be calculated by multiplying the amount
of the delinquent payment at a daily rate equivalent to 11/2 percent
per month for the number of days the payment is delinquent. The
penalty shall be paid from the Trial Court Trust Fund. Penalties on
delinquent payments under subdivision (d) shall be calculated only on
the amounts to be distributed to the Trial Court Trust Fund and the
State Court Facilities Construction Fund, and each penalty shall be
distributed proportionately to the funds to which the delinquent
payment was to be distributed.
(j) If a delinquent payment under subdivision (c) or (d) results
from a delinquency by a superior court under subdivision (b), the
court shall reimburse the Trial Court Trust Fund for the amount of
the penalty. Notwithstanding Section 77009, any penalty on a
delinquent payment that a court is required to reimburse pursuant to
this section shall be paid from the court operations fund for that
court. The penalty shall be paid by the court to the Trial Court
Trust Fund no later than 45 days after the end of the month in which
the penalty was calculated. If the penalty is not paid within the
specified time, the Administrative Office of the Courts may reduce
the amount of a subsequent monthly allocation to the court by the
amount of the penalty on the delinquent payment.
(k) If a delinquent payment under subdivision (c) or (d) results
from a delinquency by a county in transmitting fees and fines listed
in subdivision (a) to the bank account established for this purpose,
as described in subdivision (b), the county shall reimburse the Trial
Court Trust Fund for the amount of the penalty. The penalty shall be
paid by the county to the Trial Court Trust Fund no later than 45
days after the end of the month in which the penalty was calculated.
(l) This section shall become operative on July 1, 2017.
SEC. 2. SEC. 3. 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, to the parties for each
proceeding lasting more than __ minutes, on a pro
rata basis, for the actual cost of providing 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)
(3) 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)
(4) 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 therefor
recoverable as provided in paragraph (4) (3)
.
(C) That if the services of an official pro tempore reporter are
utilized pursuant to subparagraph (B), no other charge 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) It is the intent of the Legislature to continue an incentive
to courts to use the services of an official court reporter in civil
proceedings.
(d) 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
on the total amount spent for services of official court reporters in
civil proceedings statewide in the prior fiscal year.
SEC. 4. Section 68086.1 of the
Government Code is amended to read:
68086.1. (a) For each three-hundred-fifty-five-dollar ($355) fee
collected under Section 70611, 70612, 70650, or 70670,
thirty dollars ($30) of the amount distributed to the Trial
Court Trust Fund shall be retained by the court in
which the fee was collected and shall be used for services of
an official court reporter in civil proceedings.
(b) For each three-hundred-thirty-dollar ($330) fee collected
under subdivision (a) of Section 70613 or subdivision (a) of Section
70614, thirty dollars ($30) of the amount distributed to the
Trial Court Trust Fund shall be retained by the court
in which the fee was collected and shall be used for services
of an official court reporter in civil proceedings.
(c) It is the intent of the Legislature, in approving the
thirty-dollar ($30) distribution out of each filing fee listed in
subdivisions (a) and (b), to continue an incentive to courts to use
the services of an official court reporter in civil proceedings.
However, nothing in this section shall affect the Judicial
Council's authority to allocate these revenues to replace reductions
in the General Fund appropriation to the Trial Court Trust Fund.
(d) The portion of the distribution to the Trial Court Trust Fund
to be used for services of an official court reporter in civil
proceedings pursuant to subdivisions (a) and (b) shall be used only
in trial courts that utilize the services of an official court
reporter in civil proceedings.
SEC. 5. Section 69953.5 of the
Government Code is amended to read:
69953.5. Notwithstanding any other provision of law, whenever a
daily transcript is ordered in a civil case requiring the services of
more than one phonographic reporter, the party requesting the daily
transcript, in addition to any other required fee, shall pay a fee
per day, or portion thereof, equal to the per diem rate for pro
tempore reporters established by statute, local rule, or ordinance
for the services of each additional reporter for the first day and
each subsequent day the additional reporters are required. This fee
shall be distributed to retained by the
court in which it was collected to offset the cost of the additional
reporter.