California Assembly Bill AB2629 Amended / Bill

 BILL NUMBER: AB 2629AMENDED BILL TEXT AMENDED IN ASSEMBLY MAY 31, 2016 AMENDED IN ASSEMBLY APRIL 20, 2016 AMENDED IN ASSEMBLY MARCH 18, 2016 INTRODUCED BY Assembly Member Roger Hernndez FEBRUARY 19, 2016 An act to amend Section 69951 of, and to amend, repeal, and add Section 69950 of, the Government Code, relating to court reporters. LEGISLATIVE COUNSEL'S DIGEST AB 2629, as amended, Roger Hernndez. Court reporters. Existing law provides  that   that, except as specified,  the fee for original transcripts prepared by an official court reporter or by a court reporter pro tempore is $0.85 for each 100 words, and for each copy purchased at the same time, $0.15 for each 100 words. Existing law provides  that   that, except as specified,  the fee for a first copy of a transcript by a person who does not simultaneously purchase the original transcript is $0.20 for each 100 words, and for each additional copy purchased at the same time, $0.15 for each 100 words. Existing law authorizes a court reporter, in civil cases, to charge an additional 50% for special daily copy service. This bill would increase the fee charged for original transcripts and copies incrementally commencing January 1, 2017. The bill would provide that on and after January 1, 2021, the fee for an original transcript is  $1.24   $1.13  for each 100 words, and for each copy purchased at the same time, $0.22 for each 100 words. The bill would provide that on and after January 1, 2021, the fee for a first copy of a transcript that is not simultaneously purchased with the original transcript is $0.29 for each 100 words, and for each additional copy purchased at the same time, $0.22 for each 100 words. The bill would also provide that the fee for transcription is an additional 50% for special daily copy service. 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. The Legislature finds and declares all of the following: (a) Official court reporters and court reporters pro tempore employed by the courts are currently paid under a dual compensation structure in which the base salary of the court reporter is supplemented by income from preparing required transcripts and providing other required transcription services. (b) The dual compensation structure protects the state from bearing the full cost of transcript preparation and other transcription services and avoids the resulting consequences of overtime liability related to these services. (c) The fees for original transcripts prepared by official court reporters and court reporters pro tempore have not been adjusted in 26 years, and fees for copies purchased at the same time as the original transcript have only increased once in 103 years. (d) In order to ensure full and fair compensation of official court reporters and court reporters pro tempore employed by the court, and in order to attract and retain official court reporters and court reporters pro tempore employed by the courts that have sufficient skills and competence to serve the needs of the justice system, it is imperative that the system of dual compensation provide sufficient payment for transcription services. (e) Therefore, it is necessary to revise the fees for transcripts prepared by official court reporters and court reporters pro tempore. SEC. 2. Section 69950 of the Government Code is amended to read: 69950. (a) From January 1, 2017, to December 31, 2018, inclusive, the fee for transcription for the original printed copy is  ninety-eight cents ($0.98)   ninety-three cents ($0.93)  for each 100 words, and for each copy purchased at the same time by the court, party, or other person purchasing the original, seventeen cents ($0.17) for each 100 words. (b) From January 1, 2017, to December 31, 2018, inclusive, the fee for a first copy to any court, party, or other person who does not simultaneously purchase the original shall be twenty-three cents ($0.23) for each 100 words, and for each additional copy, purchased at the same time, seventeen cents ($0.17) for each 100 words.  (c) Notwithstanding subdivisions (a) and (b), if a trial court had established transcription fees that were in effect on January 1, 2012, based on an estimate or assumption as to the number of words or folios on a typical transcript page, those transcription fees shall be the transcription fees for proceedings in those trial courts, and the policy or practice for determining transcription fees in those trial courts shall not be unilaterally changed.   (c)   (d)  This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. SEC. 3. Section 69950 is added to the Government Code, to read: 69950. (a) From January 1, 2019, to December 31, 2020, inclusive, the fee for transcription for the original printed copy is  one dollar and thirteen cents ($1.13)   one dollar and three cents ($1.03)  for each 100 words, and for each copy purchased at the same time by the court, party, or other person purchasing the original, twenty cents ($0.20) for each 100 words. (b) From January 1, 2019, to December 31, 2020, inclusive, the fee for a first copy to any court, party, or other person who does not simultaneously purchase the original shall be twenty-six cents ($0.26) for each 100 words, and for each additional copy, purchased at the same time, twenty cents ($0.20) for each 100 words.  (c) Notwithstanding subdivisions (a) and (b), if a trial court had established transcription fees that were in effect on January 1, 2012, based on an estimate or assumption as to the number of words or folios on a typical transcript page, those transcription fees shall be the transcription fees for proceedings in those trial courts, and the policy or practice for determining transcription fees in those trial courts shall not be unilaterally changed.   (c)   (d)  This section shall become operative on January 1, 2019.  (d)   (e)  This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. SEC. 4. Section 69950 is added to the Government Code, to read: 69950. (a) On and after January 1, 2021, the fee for transcription for the original printed copy is  one dollar twenty-four cents ($1.24)   one dollar thirteen cents ($1.13)  for each 100 words, and for each copy purchased at the same time by the court, party, or other person purchasing the original, twenty-two cents ($0.22) for each 100 words. (b) On and after January 1, 2021, the fee for a first copy to any court, party, or other person who does not simultaneously purchase the original shall be twenty-nine cents ($0.29) for each 100 words, and for each additional copy, purchased at the same time, twenty-two cents ($0.22) for each 100 words.  (c) Notwithstanding subdivisions (a) and (b), if a trial court had established transcription fees that were in effect on January 1, 2012, based on an estimate or assumption as to the number of words or folios on a typical transcript page, those transcription fees shall be the transcription fees for proceedings in those trial courts, and the policy or practice for determining transcription fees in those trial courts shall not be unilaterally changed.   (c)   (d)  This section shall become operative on January 1, 2021. SEC. 5. Section 69951 of the Government Code is amended to read: 69951. The fee for transcription is an additional 50 percent for special daily copy service.