BILL NUMBER: AB 2076INTRODUCED 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 coststhereforetherefor 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 chargewillshall be made to the parties. (b) The fees collected pursuant to this section shall be used only to paythe costfor 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.