AB 2192: Court Reporters Board of California: Shorthand reporters fees: Transcript Reimbursement Fund.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-09-24
(1)Existing law provides for the licensure and regulation of shorthand reporters by the Court Reporters Board of California, which is within the Department of Consumer Affairs, and authorizes the board to appoint an executive officer and committees and to employ other employees, as specified. Existing law repeals these provisions on January 1, 2017.
This bill would extend the operation of the board and the authorization of the board to appoint specified personnel and committees until January 1, 2020.
(2)Existing law authorizes the board, by resolution, to establish a fee for the renewal of a certificate issued by the board, and prohibits the fee from exceeding $125, as specified. Under existing law, all fees and revenues received by the board are deposited into the Court Reporters Fund, which is a continuously appropriated fund as it pertains to fees collected by the board.
This bill would raise that fee limit to $250. By authorizing an increase in a fee deposited into a continuously appropriated fund, this bill would make an appropriation.
(3)Existing law requires, until January 1, 2017, certain fees and revenues collected by the board from licensees to be deposited into the Transcript Reimbursement Fund, which is established as a continuously appropriated fund, to be available to provide reimbursement for the cost of providing shorthand reporting services to low-income litigants in civil cases. Existing law authorizes, until January 1, 2017, low-income persons appearing pro se to apply for funds from the Transcript Reimbursement Fund, subject to specified requirements and limitations, including that total disbursements are prohibited from exceeding $30,000 annually and $1,500 per case. Existing law requires the board, until January 1, 2017, to publicize the availability of the Transcript Reimbursement Fund to prospective applicants. Existing law requires the unencumbered funds remaining in the Transcript Reimbursement Fund as of January 1, 2017, to be transferred to the Court Reporters Fund.
The bill would provide that the Transcript Reimbursement Fund is to be funded by a transfer of funds from the Court Reporters Fund in the amount of $300,000 annually and authorizes the board to transfer funds in increments of $100,000. The bill would provide that the board may use existing resources to publicize the availability of the Transcript Reimbursement Fund to prospective applicants, as specified. The bill would instead prohibit disbursements from the Transcript Reimbursement Fund to pro se litigants from exceeding $75,000 annually. The bill would prohibit a vexatious litigant, as defined, from receiving funds from the Transcript Reimbursement Fund, except as specified. The bill would require the board to prepare and submit a report to the Legislature on or before November 1, 2018, regarding the condition of the Court Reporters Fund, the condition of the Transcript Reimbursement Fund, and alternative funding sources to cover the costs associated with transcripts provided to indigent litigants, as specified. This bill would extend the operation of the provisions regarding the Transcript Reimbursement Fund until January 1, 2020, and recast and revise certain provisions regarding that fund.
By extending the operation of the Transcript Reimbursement Fund, which is a continuously appropriated fund, the bill would make an appropriation.
(4)This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 2/3 of the membership of each house of the Legislature.
(1)Existing law provides for the licensure and regulation of shorthand reporters by the Court Reporters Board of California, which is within the Department of Consumer Affairs, and authorizes the board to appoint an executive officer and committees and to employ other employees, as specified. Existing law repeals these provisions on January 1, 2017.
This bill would extend the operation of the board and the authorization of the board to appoint specified personnel and committees until January 1, 2020.
(2)Existing law authorizes the board, by resolution, to establish a fee for the renewal of a certificate issued by the board, and prohibits the fee from exceeding $125, as specified. Under existing law, all fees and revenues received by the board are deposited into the Court Reporters Fund, which is a continuously appropriated fund as it pertains to fees collected by the board.
This bill would raise that fee limit to $250. By authorizing an increase in a fee deposited into a continuously appropriated fund, this bill would make an appropriation.
(3)Existing law requires, until January 1, 2017, certain fees and revenues collected by the board from licensees to be deposited into the Transcript Reimbursement Fund, which is established as a continuously appropriated fund, to be available to provide reimbursement for the cost of providing shorthand reporting services to low-income litigants in civil cases. Existing law authorizes, until January 1, 2017, low-income persons appearing pro se to apply for funds from the Transcript Reimbursement Fund, subject to specified requirements and limitations, including that total disbursements are prohibited from exceeding $30,000 annually and $1,500 per case. Existing law requires the board, until January 1, 2017, to publicize the availability of the Transcript Reimbursement Fund to prospective applicants. Existing law requires the unencumbered funds remaining in the Transcript Reimbursement Fund as of January 1, 2017, to be transferred to the Court Reporters Fund.
The bill would provide that the Transcript Reimbursement Fund is to be funded by a transfer of funds from the Court Reporters Fund in the amount of $300,000 annually and authorizes the board to transfer funds in increments of $100,000. The bill would provide that the board may use existing resources to publicize the availability of the Transcript Reimbursement Fund to prospective applicants, as specified. The bill would instead prohibit disbursements from the Transcript Reimbursement Fund to pro se litigants from exceeding $75,000 annually. The bill would prohibit a vexatious litigant, as defined, from receiving funds from the Transcript Reimbursement Fund, except as specified. The bill would require the board to prepare and submit a report to the Legislature on or before November 1, 2018, regarding the condition of the Court Reporters Fund, the condition of the Transcript Reimbursement Fund, and alternative funding sources to cover the costs associated with transcripts provided to indigent litigants, as specified. This bill would extend the operation of the provisions regarding the Transcript Reimbursement Fund until January 1, 2020, and recast and revise certain provisions regarding that fund.
By extending the operation of the Transcript Reimbursement Fund, which is a continuously appropriated fund, the bill would make an appropriation.
(4)This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 2/3 of the membership of each house of the Legislature.
(1)Existing law provides for the licensure and regulation of shorthand reporters by the Court Reporters Board of California, which is within the Department of Consumer Affairs, and authorizes the board to appoint an executive officer and committees and to employ other employees, as specified. Existing law repeals these provisions on January 1, 2017.
This bill would extend the operation of the board and the authorization of the board to appoint specified personnel and committees until January 1, 2020.
(2)Existing law authorizes the board, by resolution, to establish a fee for the renewal of a certificate issued by the board, and prohibits the fee from exceeding $125, as specified. Under existing law, all fees and revenues received by the board are deposited into the Court Reporters Fund, which is a continuously appropriated fund as it pertains to fees collected by the board.
This bill would raise that fee limit to $250. By authorizing an increase in a fee deposited into a continuously appropriated fund, this bill would make an appropriation.
(3)Existing law requires, until January 1, 2017, certain fees and revenues collected by the board from licensees to be deposited into the Transcript Reimbursement Fund, which is established as a continuously appropriated fund, to be available to provide reimbursement for the cost of providing shorthand reporting services to low-income litigants in civil cases. Existing law authorizes, until January 1, 2017, low-income persons appearing pro se to apply for funds from the Transcript Reimbursement Fund, subject to specified requirements and limitations, including that total disbursements are prohibited from exceeding $30,000 annually and $1,500 per case. Existing law requires the board, until January 1, 2017, to publicize the availability of the Transcript Reimbursement Fund to prospective applicants. Existing law requires the unencumbered funds remaining in the Transcript Reimbursement Fund as of January 1, 2017, to be transferred to the Court Reporters Fund.
The bill would provide that the Transcript Reimbursement Fund is to be funded by a transfer of funds from the Court Reporters Fund in the amount of $300,000 annually and authorizes the board to transfer funds in increments of $100,000. The bill would provide that the board may use existing resources to publicize the availability of the Transcript Reimbursement Fund to prospective applicants, as specified. The bill would instead prohibit disbursements from the Transcript Reimbursement Fund to pro se litigants from exceeding $75,000 annually. The bill would prohibit a vexatious litigant, as defined, from receiving funds from the Transcript Reimbursement Fund, except as specified. The bill would require the board to prepare and submit a report to the Legislature on or before November 1, 2018, regarding the condition of the Court Reporters Fund, the condition of the Transcript Reimbursement Fund, and alternative funding sources to cover the costs associated with transcripts provided to indigent litigants, as specified. This bill would extend the operation of the provisions regarding the Transcript Reimbursement Fund until January 1, 2020, and recast and revise certain provisions regarding that fund.
By extending the operation of the Transcript Reimbursement Fund, which is a continuously appropriated fund, the bill would make an appropriation.
(4)This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 2/3 of the membership of each house of the Legislature.
(1)Existing law provides for the licensure and regulation of court shorthand reporters by the Court Reporters Board of California, which is within the Department of Consumer Affairs, and authorizes the board to appoint an executive officer and committees and to employ other employees, as specified. Existing law repeals these provisions on January 1, 2017.
This bill would extend the operation of the board and the authorization of the board to appoint specified personnel and committees until January 1, 2020.
(2)Existing law establishes the Court Reporters Fund and requires all fees and revenue received by the board to be deposited into that fund. Existing law authorizes the board, by resolution, to establish a fee for the renewal of a certificate issued by the board, and prohibits the fee from exceeding $125, as specified. Under existing law, all fees and revenues received by the board are deposited into the Court Reporters Fund, which is a continuously appropriated fund as it pertains to fees collected by the board.
This bill would raise that fee limit to $250. By authorizing an increase in a fee deposited into a continuously appropriated fund, this bill would make an appropriation.
(3)Existing law requires, until January 1, 2017, certain fees and revenues collected by the board from licensees to be deposited into the Transcript Reimbursement Fund, which is established as a continuously appropriated fund, to be available to provide reimbursement for the cost of providing shorthand reporting services to low-income litigants in civil cases. Existing law authorizes, until January 1, 2017, low-income persons appearing pro se to apply for funds from the Transcript Reimbursement Fund, subject to specified requirements and limitations, including that total disbursements are prohibited from exceeding $30,000 annually and $1,500 per case. Existing law requires the board, until January 1, 2017, to publicize the availability of the Transcript Reimbursement Fund to prospective applicants. Existing law requires the unencumbered funds remaining in the Transcript Reimbursement Fund as of January 1, 2017, to be transferred to the Court Reporters Fund.
The bill would provide that the Transcript Reimbursement Fund is to be funded by a transfer of funds from the Court Reporters Fund in the amount of $300,000 annually and authorizes the board to transfer funds in increments of $100,000. The bill would authorize provide that the board to may use existing resources to publicize the availability of the Transcript Reimbursement Fund to prospective applicants, as specified. The bill would instead prohibit disbursements from the Transcript Reimbursement Fund to pro se litigants from exceeding $75,000 annually. The bill would prohibit a vexatious litigant, as defined, from receiving funds from the Transcript Reimbursement Fund, except as specified. The bill would require the board to prepare and submit a report to the Legislature on or before January November 1, 2019, 2018, regarding the condition of the Court Reporters Fund, the condition of the Transcript Reimbursement Fund, and alternative funding sources to cover the costs associated with transcripts provided to indigent litigants, as specified. This bill would extend the operation of the provisions regarding the Transcript Reimbursement Fund until January 1, 2019, 2020, and recast and revise certain provisions regarding that fund.
By extending the operation of the Transcript Reimbursement Fund, which is a continuously appropriated fund, the bill would make an appropriation.
(3)
(4)This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 2/3 of the membership of each house of the Legislature.
Existing
(1)Existing law provides for the licensure and regulation of court reporters by the Court Reporters Board of California, which is within the Department of Consumer Affairs, and authorizes the board to appoint an executive officer and committees and to employ other employees, as specified. Existing law repeals these provisions on January 1, 2017.
This bill would extend those provisions the operation of the board and the authorization of the board to appoint specified personnel and committees until January 1, 2021. 2020.
(2)Existing law establishes the Court Reporters Fund and requires all fees and revenue received by the board to be deposited into that fund. Existing law requires, until January 1, 2017, certain fees and revenues collected by the board from licensees to be deposited into the Transcript Reimbursement Fund, which is established as a continuously appropriated fund, to be available to provide reimbursement for the cost of providing shorthand reporting services to low-income litigants in civil cases. Existing law authorizes, until January 1, 2017, low-income persons appearing pro se to apply for funds from the Transcript Reimbursement Fund, subject to specified requirements and limitations, including that total disbursements are prohibited from exceeding $30,000 annually and $1,500 per case. Existing law requires the board, until January 1, 2017, to publicize the availability of the Transcript Reimbursement Fund to prospective applicants. Existing law requires the unencumbered funds remaining in the Transcript Reimbursement Fund as of January 1, 2017, to be transferred to the Court Reporters Fund.
The bill would provide that the Transcript Reimbursement Fund is to be funded by a transfer of funds from the Court Reporters Fund in the amount of $300,000 annually and authorizes the board to transfer funds in increments of $100,000. The bill would authorize the board to use existing resources to publicize the availability of the Transcript Reimbursement Fund to prospective applicants, as specified. The bill would instead prohibit disbursements from the Transcript Reimbursement Fund to pro se litigants from exceeding $75,000 annually. The bill would prohibit a vexatious litigant, as defined, from receiving funds from the Transcript Reimbursement Fund, except as specified. The bill would require the board to prepare and submit a report to the Legislature on or before January 1, 2019, regarding the condition of the Court Reporters Fund, the condition of the Transcript Reimbursement Fund, and alternative funding sources to cover the costs associated with transcripts provided to indigent litigants, as specified. This bill would extend the operation of the provisions regarding the Transcript Reimbursement Fund until January 1, 2019, and recast and revise certain provisions regarding that fund.
By extending the operation of the Transcript Reimbursement Fund, which is a continuously appropriated fund, the bill would make an appropriation.
(3)This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 2/3 of the membership of each house of the Legislature.
Existing law provides for the licensure and regulation of court reporters by the Court Reporters Board of California, which is within the Department of Consumer Affairs, and authorizes the board to appoint an executive officer and committees and to employ other employees, as specified. Existing law repeals these provisions on January 1, 2017.
This bill would extend those provisions until January 1, 2021.
Existing law provides for the licensure and regulation of court reporters by the Court Reporters Board of California, which is within the Department of Consumer Affairs, and authorizes the board to appoint an executive officer and committees and to employ other employees, as specified. Existing law repeals these provisions on January 1, 2017.
This bill would extend those provisions until January 1, 2021.
(a)There is in the Department of Consumer Affairs a Court Reporters Board of California, which consists of five members, three of whom shall be public members and two of whom shall be holders of certificates issued under this chapter who have been actively engaged as shorthand reporters within this state for at least five years immediately preceding their appointment.
(b)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
(c)Notwithstanding any other law, repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 2.Section 8005 of the Business and Professions Code is amended to read:8005.(a)The Court Reporters Board of California is charged with the executive functions necessary for effectuating the purposes of this chapter. It may appoint committees as it deems necessary or proper. The board may appoint, prescribe the duties, and fix the salary of an executive officer. Except as provided by Section 159.5, the board may also employ other employees as may be necessary, subject to civil service and other law.
(b)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 3.Section 8030.1 is added to the Business and Professions Code, to read:8030.1.The board may use existing resources to undertake efforts to publicize the availability of the Transcript Reimbursement Fund, established pursuant to Section 8030.2, to prospective applicants through appropriate entities serving these applicants, including the State Bar of California, the California Commission on Access to Justice, and the Legal Aid Association of California. These efforts shall be described in the report required by Section 8030.9.
SEC. 4.Section 8030.2 of the Business and Professions Code is amended to read:8030.2.(a)To provide shorthand reporting services to low-income litigants in civil cases, who are unable to otherwise afford those services, funds generated by fees received by the board pursuant to subdivision (c) of Section 8031 in excess of funds needed to support the boards operating budget for the fiscal year in which a transfer described below is made shall be used by the board for the purpose of establishing and maintaining a Transcript Reimbursement Fund. The Transcript Reimbursement Fund shall be funded by a transfer of funds from the Court Reporters Fund in the amount of three hundred thousand dollars ($300,000) annually. The board is authorized to transfer funds in increments of one hundred thousand dollars ($100,000) for a total of three hundred thousand dollars ($300,000). Notwithstanding any other provision of this article, a transfer to the Transcript Reimbursement Fund in excess of the fund balance established at the beginning of each fiscal year shall not be made by the board if the transfer will result in the reduction of the balance of the Court Reporters Fund to an amount less than six months operating budget.
(b)Refunds and unexpended funds that are anticipated to remain in the Transcript Reimbursement Fund at the end of the fiscal year shall be considered by the board in establishing the fee assessment pursuant to Section 8031 so that the assessment shall maintain the level of funding for the Transcript Reimbursement Fund, as specified in subdivision (a), in the following fiscal year.
(c)The Transcript Reimbursement Fund is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, moneys in the Transcript Reimbursement Fund are continuously appropriated for the purposes of this chapter.
(d)(1)Applicants who have been reimbursed pursuant to this chapter for services provided to litigants and who are awarded court costs or attorneys fees by judgment or by settlement agreement shall refund the full amount of that reimbursement to the fund within 90 days of receipt of the award or settlement.
(2)An applicant appearing pro se who has been reimbursed for services provided to litigants under this chapter shall refund the full amount reimbursed if a court orders the applicants fee waiver withdrawn or denied retroactively pursuant to Section 68636 of the Government Code, within 90 days of the courts order withdrawing or denying the fee waiver.
(e)Subject to the limitations of this chapter, the board shall maintain the fund at a level that is sufficient to pay all qualified claims. To accomplish this objective, the board shall utilize all refunds, unexpended funds, fees, and any other moneys received by the board.
(f)Notwithstanding Section 16346 of the Government Code, all unencumbered funds remaining in the Transcript Reimbursement Fund as of January 1, 2019, shall be transferred to the Court Reporters Fund.
(g)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 5.Section 8030.4 of the Business and Professions Code is amended to read:8030.4.As used in this chapter:
(a)Applicant means a qualified legal services project, qualified support center, other qualified project, or pro bono attorney applying to receive funds from the Transcript Reimbursement Fund established by this chapter. The term applicant includes an indigent person appearing pro se to represent himself or herself at any stage of the case and applying to receive funds from the Transcript Reimbursement Fund established in Section 8030.2.
(b)Case means a single legal proceeding from its inception, through all levels of hearing, trial, and appeal, until its ultimate conclusion and disposition.
(c)Certified shorthand reporter means a shorthand reporter certified pursuant to Article 3 (commencing with Section 8020) performing shorthand reporting services pursuant to Section 8017.
(d)Developmentally Disabled Assistance Act means the Developmentally Disabled Assistance and Bill of Rights Act of 1975 (Public Law 94-103), as amended.
(e)Fee-generating case means any case or matter that, if undertaken on behalf of an eligible client by an attorney in private practice, reasonably may be expected to result in payment of a fee for legal services from an award to a client, from public funds, or from an opposing party. A reasonable expectation as to payment of a legal fee exists wherever a client enters into a contingent fee agreement with his or her lawyer. If there is no contingent fee agreement, a case is not considered fee generating if adequate representation is deemed to be unavailable because of the occurrence of any of the following circumstances:
(1)If the applicant has determined that referral is not possible because of any of the following:
(A)The case has been rejected by the local lawyer referral service, or if there is no such service, by two private attorneys who have experience in the subject matter of the case.
(B)Neither the referral service nor any lawyer will consider the case without payment of a consultation fee.
(C)The case is of the type that private attorneys in the area ordinarily do not accept, or do not accept without prepayment of a fee.
(D)Emergency circumstances compel immediate action before referral can be made, but the client is advised that, if appropriate and consistent with professional responsibility, referral will be attempted at a later time.
(2)If recovery of damages is not the principal object of the case and a request for damages is merely ancillary to an action for equitable or other nonpecuniary relief or inclusion of a counterclaim requesting damages is necessary for effective defense or because of applicable rules governing joinder of counterclaims.
(3)If a court appoints an applicant or an employee of an applicant pursuant to a statute or a court rule or practice of equal applicability to all attorneys in the jurisdiction.
(4)In any case involving the rights of a claimant under a public-supported benefit program for which entitlement to benefit is based on need.
(f)(1)Indigent person means any of the following:
(A)A person whose income is 125 percent or less of the current poverty threshold established by the United States Office of Management and Budget.
(B)A person who is eligible for supplemental security income.
(C)A person who is eligible for, or receiving, free services under the federal Older Americans Act or the Developmentally Disabled Assistance Act.
(D)A person whose income is 75 percent or less of the maximum level of income for lower income households as defined in Section 50079.5 of the Health and Safety Code, for purposes of a program that provides legal assistance by an attorney in private practice on a pro bono basis.
(E)A person who qualifies for a waiver of fees pursuant to Section 68632 of the Government Code.
(2)For the purposes of this subdivision, the income of a person who is disabled shall be determined after deducting the costs of medical and other disability-related special expenses.
(g)Lawyer referral service means a lawyer referral program authorized by the State Bar of California pursuant to the rules of professional conduct.
(h)Legal Services Corporation means the Legal Services Corporation established under the Legal Services Corporation Act of 1974 (Public Law 93-355), as amended.
(i)Older Americans Act means the Older Americans Act of 1965 (Public Law 89-73), as amended.
(j)Other qualified project means a nonprofit organization formed for charitable or other public purposes, that does not receive funds from the Legal Services Corporation or pursuant to the federal Older Americans Act, and provides free legal services to indigent persons.
(k)Pro bono attorney means any attorney, law firm, or legal corporation, licensed to practice law in this state, that undertakes, without charge to the party, the representation of an indigent person, referred by a qualified legal services project, qualified support center, or other qualified project, in a case not considered to be fee generating, as defined in this chapter.
(l)Qualified legal services project means a nonprofit project, incorporated and operated exclusively in California, that provides as its primary purpose and function legal services without charge to indigent persons, has a board of directors or advisory board composed of both attorneys and consumers of legal services, and provides for community participation in legal services programming. A legal services project funded, either in whole or in part, by the Legal Services Corporation or with the federal Older Americans Act funds is presumed to be a qualified legal services project for the purposes of this chapter.
(m)Qualified support center means an incorporated nonprofit legal services center that has an office or offices in California that provide legal services or technical assistance without charge to qualified legal services projects and their clients on a multicounty basis in California. A support center funded, either in whole or in part, by the Legal Services Corporation or with the federal Older Americans Act funds is presumed to be a qualified legal services project for the purposes of this chapter.
(n)Rules of professional conduct means those rules adopted by the State Bar of California pursuant to Sections 6076 and 6077.
(o)Supplemental security income recipient means an individual receiving or eligible to receive payments under Title XVI of the Social Security Act (Public Law 92-603), as amended, or payment under Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of the Welfare and Institutions Code.
(p)Vexatious litigant means a person as defined in subdivision (b) of Section 391 of the Code of Civil Procedure.
(q)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 6.Section 8030.5 of the Business and Professions Code is repealed.SEC. 7.Section 8030.6 of the Business and Professions Code is amended to read:8030.6.The board shall disburse funds from the Transcript Reimbursement Fund for the costs, exclusive of per diem charges by official reporters, of preparing either an original transcript and one copy thereof, or where appropriate, a copy of the transcript, of court or deposition proceedings, or both, incurred as a contractual obligation between the shorthand reporter and the applicant, for litigation conducted in California. If there is no deposition transcript, the board may reimburse the applicant or the certified shorthand reporter designated in the application for per diem costs. The rate of per diem for depositions shall not exceed seventy-five dollars ($75) for one-half day, or one hundred twenty-five dollars ($125) for a full day. If a transcript is ordered within one year of the date of the deposition, but subsequent to the per diem having been reimbursed by the Transcript Reimbursement Fund, the amount of the per diem shall be deducted from the regular customary charges for a transcript. Reimbursement may be obtained through the following procedures:
(a)The applicant or certified shorthand reporter shall promptly submit to the board the certified shorthand reporters invoice for transcripts together with the appropriate documentation as is required by this chapter.
(b)Except as provided in subdivision (c), the board shall promptly determine if the applicant or the certified shorthand reporter is entitled to reimbursement under this chapter and shall make payment as follows:
(1)Regular customary charges for preparation of original deposition transcripts and one copy thereof, or a copy of the transcripts.
(2)Regular customary charges for expedited deposition transcripts up to a maximum of two thousand five hundred dollars ($2,500) per case.
(3)Regular customary charges for the preparation of original transcripts and one copy thereof, or a copy of transcripts of court proceedings.
(4)Regular customary charges for expedited or daily charges for preparation of original transcripts and one copy thereof or a copy of transcripts of court proceedings.
(5)The charges shall not include notary or handling fees. The charges may include actual shipping costs and exhibits, except that the cost of exhibits may not exceed thirty-five cents ($0.35) each or a total of thirty-five dollars ($35) per transcript.
(c)The maximum amount reimbursable by the fund under subdivision (b) shall not exceed twenty thousand dollars ($20,000) per case per year.
(d)A vexatious litigant shall be ineligible to receive funds from the Transcript Reimbursement Fund. However, a vexatious litigant may become eligible to receive funds if he or she is no longer subject to the provisions of Title 3A of Part 2 of the Code of Civil Procedure pursuant to Section 391.8 of Code of Civil Procedure.
(e)Total disbursements to cover the costs of providing transcripts to all applicants appearing pro se pursuant to this section shall not exceed seventy-five thousand dollars ($75,000) annually and shall not exceed one thousand five hundred dollars ($1,500) per case.
(f)If entitled, and funds are available, the board shall disburse the appropriate sum to the applicant or the certified shorthand reporter when the documentation described in Section 8030.8 accompanies the application. A notice shall be sent to the recipient requiring the recipient to file a notice with the court in which the action is pending stating the sum of reimbursement paid pursuant to this section. The notice filed with the court shall also state that if the sum is subsequently included in any award of costs made in the action, that the sum is to be ordered refunded by the applicant to the Transcript Reimbursement Fund whenever the sum is actually recovered as costs. The court shall not consider whether payment has been made from the Transcript Reimbursement Fund in determining the appropriateness of any award of costs to the parties. The board shall also notify the applicant that the reimbursed sum has been paid to the certified shorthand reporter and shall notify the applicant of the duty to refund any of the sum actually recovered as costs in the action.
(g)If not entitled, the board shall return a copy of the invoice to the applicant and the designated certified shorthand reporter together with a notice stating the grounds for denial.
(h)The board shall complete its actions under this section within 30 days of receipt of the invoice and all required documentation, including a completed application.
(i)Applications for reimbursements from the fund shall be filed on a first-come-first-served basis.
(j)Applications for reimbursement that cannot be paid from the fund due to insufficiency of the fund for that fiscal year shall be held over until the next fiscal year to be paid out of the renewed fund. Applications held over shall be given a priority standing in the next fiscal year.
(k)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 8.Section 8030.8 of the Business and Professions Code is amended to read:8030.8.(a)For purposes of this chapter, documentation accompanying an invoice is sufficient to establish entitlement for reimbursement from the Transcript Reimbursement Fund if it is filed with the executive officer on an application form prescribed by the board that is complete in all respects, and that establishes all of the following:
(1)The case name and number and that the litigant or litigants requesting the reimbursement are indigent persons. If the applicant is an indigent person appearing pro se the application shall be accompanied by a copy of the fee waiver form approved by the court in the matter for which the applicant seeks reimbursement.
(2)The applicant is qualified under the provisions of this chapter.
(3)The case is not a fee-generating case, as defined in Section 8030.4.
(4)The invoice or other documentation shall evidence that the certified shorthand reporter to be reimbursed was, at the time the services were rendered, a duly licensed certified shorthand reporter.
(5)The invoice shall be accompanied by a statement, signed by the applicant, stating that the charges are for transcripts actually provided as indicated on the invoice.
(6)The applicant has acknowledged, in writing, that as a condition of entitlement for reimbursement that the applicant agrees to refund the entire amount disbursed from the Transcript Reimbursement Fund from any costs or attorneys fees awarded to the applicant by the court or provided for in any settlement agreement in the case.
(7)The certified shorthand reporters invoice for transcripts shall include separate itemizations of charges claimed, as follows:
(A)Total charges and rates for customary services in preparation of an original transcript and one copy or a copy of the transcript of depositions.
(B)Total charges and rates for expedited deposition transcripts.
(C)Total charges and rates in connection with transcription of court proceedings.
(b)For an applicant claiming to be eligible pursuant to subdivision (j), (l), or (m) of Section 8030.4, a letter from the director of the project or center, certifying that the project or center meets the standards set forth in one of those subdivisions and that the litigant or litigants are indigent persons, is sufficient documentation to establish eligibility.
(c)For an applicant claiming to be eligible pursuant to subdivision (k) of Section 8030.4, a letter certifying that the applicant meets the requirements of that subdivision, that the case is not a fee-generating case, as defined in subdivision (e) of Section 8030.4, and that the litigant or litigants are indigent persons, together with a letter from the director of a project or center defined in subdivision (j), (l), or (m) of Section 8030.4 certifying that the litigant or litigants had been referred by that project or center to the applicant, is sufficient documentation to establish eligibility.
(d)The applicant may receive reimbursement directly from the board if the applicant has previously paid the certified shorthand reporter for transcripts as provided in Section 8030.6. To receive payment directly, the applicant shall submit, in addition to all other required documentation, an itemized statement signed by the certified shorthand reporter performing the services that describes payment for transcripts in accordance with the requirements of Section 8030.6.
(e)The board may prescribe appropriate forms to be used by applicants and certified shorthand reporters to facilitate these requirements.
(f)This chapter does not restrict the contractual obligation or payment for services, including, but not limited to, billing the applicant directly, during the pendency of the claim.
(g)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 9.Section 8030.9 is added to the Business and Professions Code, to read:8030.9.(a)The board shall prepare and submit to the Legislature, on or before November 1, 2018, a report on the condition of the Court Reporters Fund, the condition of the Transcript Reimbursement Fund, and alternative funding sources to cover the costs associated with transcripts provided to indigent litigants, including, but not limited to, shorthand reporting services, such as transcript processing. The report shall include all of the following:
(1)Expenditures and claims relating to this article, including the initial balance of the Transcript Reimbursement Fund as of January 1, 2017.
(2)Funds received, including the amount of, and reason for, any refunds pursuant to Section 8030.2.
(3)Claims received, including the type of case, court involved, service for which reimbursement was sought, amount paid, and amount denied, if any, and the reason for denial.
(4)Efforts pursuant to Section 8030.1 to publicize the availability of the funds in the Transcript Reimbursement Fund to prospective applicants.
(5)Administrative fees.
(6)An analysis of the condition of the Transcript Reimbursement Fund, including a five-year projection of its fiscal solvency based on the licensee fee level for those years.
(7)Whether the amount transferred annually to the Transcript Reimbursement Fund is sufficient to maintain the fund at a level that is sufficient to pay all qualified claims.
(A)If the amount transferred annually is not sufficient to pay all qualified claims, the board shall recommend a level that would be sufficient.
(B)If the amount transferred annually is not sufficient to pay all qualified claims, the board shall investigate and recommend alternative sources of funding, if any.
(b)The report shall be provided using existing resources.
(c)The report prepared pursuant to subdivision (a) shall be submitted in accordance with Section 9795 of the Government Code.
(d)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 10.Section 8031 of the Business and Professions Code is amended to read:8031.The amount of the fees required by this chapter is that fixed by the board in accordance with the following schedule:
(a)The fee for filing an application for each examination shall be no more than forty dollars ($40).
(b)The fee for examination and reexamination for the written or practical part of the examination shall be in an amount fixed by the board, which shall be equal to the actual cost of preparing, administering, grading, and analyzing the examination, but shall not exceed seventy-five dollars ($75) for each separate part, for each administration.
(c)The initial certificate fee is an amount equal to the renewal fee in effect on the last regular renewal date before the date on which the certificate is issued, except that, if the certificate will expire less than 180 days after its issuance, then the fee is 50 percent of the renewal fee in effect on the last regular renewal date before the date on which the certificate is issued, or fifty dollars ($50), whichever is greater. The board may, by appropriate regulation, provide for the waiver or refund of the initial certificate fee where the certificate is issued less than 45 days before the date on which it will expire.
(d)By a resolution adopted by the board, a renewal fee may be established in such amounts and at such times as the board may deem appropriate to meet its operational expenses and funding responsibilities as set forth in this chapter. The renewal fee shall not be more than two hundred fifty dollars ($250) nor less than ten dollars ($10) annually, with the following exception:
Any person who is employed full time by the State of California as a hearing reporter and who does not otherwise render shorthand reporting services for a fee shall be exempt from licensure while in state employment and shall not be subject to the renewal fee provisions of this subdivision until 30 days after leaving state employment. The renewal fee shall, in addition to the amount fixed by this subdivision, include any unpaid fees required by this section plus any delinquency fee.
(e)The duplicate certificate fee shall be no greater than ten dollars ($10).
(f)The penalty for failure to notify the board of a change of name or address as required by Section 8024.6 shall be no greater than fifty dollars ($50).
(a)There is in the Department of Consumer Affairs a Court Reporters Board of California, which consists of five members, three of whom shall be public members and two of whom shall be holders of certificates issued under this chapter who have been actively engaged as shorthand reporters within this state for at least five years immediately preceding their appointment.
(b)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
(c)Notwithstanding any other law, repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 2.Section 8005 of the Business and Professions Code is amended to read:8005.(a)The Court Reporters Board of California is charged with the executive functions necessary for effectuating the purposes of this chapter. It may appoint committees as it deems necessary or proper. The board may appoint, prescribe the duties, and fix the salary of an executive officer. Except as provided by Section 159.5, the board may also employ other employees as may be necessary, subject to civil service and other law.
(b)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 3.Section 8030.1 is added to the Business and Professions Code, to read:8030.1.The board may use existing resources to undertake efforts to publicize the availability of the Transcript Reimbursement Fund, established pursuant to Section 8030.2, to prospective applicants through appropriate entities serving these applicants, including the State Bar of California, the California Commission on Access to Justice, and the Legal Aid Association of California. These efforts shall be described in the report required by Section 8030.9.
SEC. 4.Section 8030.2 of the Business and Professions Code is amended to read:8030.2.(a)To provide shorthand reporting services to low-income litigants in civil cases, who are unable to otherwise afford those services, funds generated by fees received by the board pursuant to subdivision (c) of Section 8031 in excess of funds needed to support the boards operating budget for the fiscal year in which a transfer described below is made shall be used by the board for the purpose of establishing and maintaining a Transcript Reimbursement Fund. The Transcript Reimbursement Fund shall be funded by a transfer of funds from the Court Reporters Fund in the amount of three hundred thousand dollars ($300,000) annually. The board is authorized to transfer funds in increments of one hundred thousand dollars ($100,000) for a total of three hundred thousand dollars ($300,000). Notwithstanding any other provision of this article, a transfer to the Transcript Reimbursement Fund in excess of the fund balance established at the beginning of each fiscal year shall not be made by the board if the transfer will result in the reduction of the balance of the Court Reporters Fund to an amount less than six months operating budget.
(b)Refunds and unexpended funds that are anticipated to remain in the Transcript Reimbursement Fund at the end of the fiscal year shall be considered by the board in establishing the fee assessment pursuant to Section 8031 so that the assessment shall maintain the level of funding for the Transcript Reimbursement Fund, as specified in subdivision (a), in the following fiscal year.
(c)The Transcript Reimbursement Fund is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, moneys in the Transcript Reimbursement Fund are continuously appropriated for the purposes of this chapter.
(d)(1)Applicants who have been reimbursed pursuant to this chapter for services provided to litigants and who are awarded court costs or attorneys fees by judgment or by settlement agreement shall refund the full amount of that reimbursement to the fund within 90 days of receipt of the award or settlement.
(2)An applicant appearing pro se who has been reimbursed for services provided to litigants under this chapter shall refund the full amount reimbursed if a court orders the applicants fee waiver withdrawn or denied retroactively pursuant to Section 68636 of the Government Code, within 90 days of the courts order withdrawing or denying the fee waiver.
(e)Subject to the limitations of this chapter, the board shall maintain the fund at a level that is sufficient to pay all qualified claims. To accomplish this objective, the board shall utilize all refunds, unexpended funds, fees, and any other moneys received by the board.
(f)Notwithstanding Section 16346 of the Government Code, all unencumbered funds remaining in the Transcript Reimbursement Fund as of January 1, 2019, shall be transferred to the Court Reporters Fund.
(g)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 5.Section 8030.4 of the Business and Professions Code is amended to read:8030.4.As used in this chapter:
(a)Applicant means a qualified legal services project, qualified support center, other qualified project, or pro bono attorney applying to receive funds from the Transcript Reimbursement Fund established by this chapter. The term applicant includes an indigent person appearing pro se to represent himself or herself at any stage of the case and applying to receive funds from the Transcript Reimbursement Fund established in Section 8030.2.
(b)Case means a single legal proceeding from its inception, through all levels of hearing, trial, and appeal, until its ultimate conclusion and disposition.
(c)Certified shorthand reporter means a shorthand reporter certified pursuant to Article 3 (commencing with Section 8020) performing shorthand reporting services pursuant to Section 8017.
(d)Developmentally Disabled Assistance Act means the Developmentally Disabled Assistance and Bill of Rights Act of 1975 (Public Law 94-103), as amended.
(e)Fee-generating case means any case or matter that, if undertaken on behalf of an eligible client by an attorney in private practice, reasonably may be expected to result in payment of a fee for legal services from an award to a client, from public funds, or from an opposing party. A reasonable expectation as to payment of a legal fee exists wherever a client enters into a contingent fee agreement with his or her lawyer. If there is no contingent fee agreement, a case is not considered fee generating if adequate representation is deemed to be unavailable because of the occurrence of any of the following circumstances:
(1)If the applicant has determined that referral is not possible because of any of the following:
(A)The case has been rejected by the local lawyer referral service, or if there is no such service, by two private attorneys who have experience in the subject matter of the case.
(B)Neither the referral service nor any lawyer will consider the case without payment of a consultation fee.
(C)The case is of the type that private attorneys in the area ordinarily do not accept, or do not accept without prepayment of a fee.
(D)Emergency circumstances compel immediate action before referral can be made, but the client is advised that, if appropriate and consistent with professional responsibility, referral will be attempted at a later time.
(2)If recovery of damages is not the principal object of the case and a request for damages is merely ancillary to an action for equitable or other nonpecuniary relief or inclusion of a counterclaim requesting damages is necessary for effective defense or because of applicable rules governing joinder of counterclaims.
(3)If a court appoints an applicant or an employee of an applicant pursuant to a statute or a court rule or practice of equal applicability to all attorneys in the jurisdiction.
(4)In any case involving the rights of a claimant under a public-supported benefit program for which entitlement to benefit is based on need.
(f)(1)Indigent person means any of the following:
(A)A person whose income is 125 percent or less of the current poverty threshold established by the United States Office of Management and Budget.
(B)A person who is eligible for supplemental security income.
(C)A person who is eligible for, or receiving, free services under the federal Older Americans Act or the Developmentally Disabled Assistance Act.
(D)A person whose income is 75 percent or less of the maximum level of income for lower income households as defined in Section 50079.5 of the Health and Safety Code, for purposes of a program that provides legal assistance by an attorney in private practice on a pro bono basis.
(E)A person who qualifies for a waiver of fees pursuant to Section 68632 of the Government Code.
(2)For the purposes of this subdivision, the income of a person who is disabled shall be determined after deducting the costs of medical and other disability-related special expenses.
(g)Lawyer referral service means a lawyer referral program authorized by the State Bar of California pursuant to the rules of professional conduct.
(h)Legal Services Corporation means the Legal Services Corporation established under the Legal Services Corporation Act of 1974 (Public Law 93-355), as amended.
(i)Older Americans Act means the Older Americans Act of 1965 (Public Law 89-73), as amended.
(j)Other qualified project means a nonprofit organization formed for charitable or other public purposes, that does not receive funds from the Legal Services Corporation or pursuant to the federal Older Americans Act, and provides free legal services to indigent persons.
(k)Pro bono attorney means any attorney, law firm, or legal corporation, licensed to practice law in this state, that undertakes, without charge to the party, the representation of an indigent person, referred by a qualified legal services project, qualified support center, or other qualified project, in a case not considered to be fee generating, as defined in this chapter.
(l)Qualified legal services project means a nonprofit project, incorporated and operated exclusively in California, that provides as its primary purpose and function legal services without charge to indigent persons, has a board of directors or advisory board composed of both attorneys and consumers of legal services, and provides for community participation in legal services programming. A legal services project funded, either in whole or in part, by the Legal Services Corporation or with the federal Older Americans Act funds is presumed to be a qualified legal services project for the purposes of this chapter.
(m)Qualified support center means an incorporated nonprofit legal services center that has an office or offices in California that provide legal services or technical assistance without charge to qualified legal services projects and their clients on a multicounty basis in California. A support center funded, either in whole or in part, by the Legal Services Corporation or with the federal Older Americans Act funds is presumed to be a qualified legal services project for the purposes of this chapter.
(n)Rules of professional conduct means those rules adopted by the State Bar of California pursuant to Sections 6076 and 6077.
(o)Supplemental security income recipient means an individual receiving or eligible to receive payments under Title XVI of the Social Security Act (Public Law 92-603), as amended, or payment under Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of the Welfare and Institutions Code.
(p)Vexatious litigant means a person as defined in subdivision (b) of Section 391 of the Code of Civil Procedure.
(q)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 6.Section 8030.5 of the Business and Professions Code is repealed.SEC. 7.Section 8030.6 of the Business and Professions Code is amended to read:8030.6.The board shall disburse funds from the Transcript Reimbursement Fund for the costs, exclusive of per diem charges by official reporters, of preparing either an original transcript and one copy thereof, or where appropriate, a copy of the transcript, of court or deposition proceedings, or both, incurred as a contractual obligation between the shorthand reporter and the applicant, for litigation conducted in California. If there is no deposition transcript, the board may reimburse the applicant or the certified shorthand reporter designated in the application for per diem costs. The rate of per diem for depositions shall not exceed seventy-five dollars ($75) for one-half day, or one hundred twenty-five dollars ($125) for a full day. If a transcript is ordered within one year of the date of the deposition, but subsequent to the per diem having been reimbursed by the Transcript Reimbursement Fund, the amount of the per diem shall be deducted from the regular customary charges for a transcript. Reimbursement may be obtained through the following procedures:
(a)The applicant or certified shorthand reporter shall promptly submit to the board the certified shorthand reporters invoice for transcripts together with the appropriate documentation as is required by this chapter.
(b)Except as provided in subdivision (c), the board shall promptly determine if the applicant or the certified shorthand reporter is entitled to reimbursement under this chapter and shall make payment as follows:
(1)Regular customary charges for preparation of original deposition transcripts and one copy thereof, or a copy of the transcripts.
(2)Regular customary charges for expedited deposition transcripts up to a maximum of two thousand five hundred dollars ($2,500) per case.
(3)Regular customary charges for the preparation of original transcripts and one copy thereof, or a copy of transcripts of court proceedings.
(4)Regular customary charges for expedited or daily charges for preparation of original transcripts and one copy thereof or a copy of transcripts of court proceedings.
(5)The charges shall not include notary or handling fees. The charges may include actual shipping costs and exhibits, except that the cost of exhibits may not exceed thirty-five cents ($0.35) each or a total of thirty-five dollars ($35) per transcript.
(c)The maximum amount reimbursable by the fund under subdivision (b) shall not exceed twenty thousand dollars ($20,000) per case per year.
(d)A vexatious litigant shall be ineligible to receive funds from the Transcript Reimbursement Fund. However, a vexatious litigant may become eligible to receive funds if he or she is no longer subject to the provisions of Title 3A of Part 2 of the Code of Civil Procedure pursuant to Section 391.8 of Code of Civil Procedure.
(e)Total disbursements to cover the costs of providing transcripts to all applicants appearing pro se pursuant to this section shall not exceed seventy-five thousand dollars ($75,000) annually and shall not exceed one thousand five hundred dollars ($1,500) per case.
(f)If entitled, and funds are available, the board shall disburse the appropriate sum to the applicant or the certified shorthand reporter when the documentation described in Section 8030.8 accompanies the application. A notice shall be sent to the recipient requiring the recipient to file a notice with the court in which the action is pending stating the sum of reimbursement paid pursuant to this section. The notice filed with the court shall also state that if the sum is subsequently included in any award of costs made in the action, that the sum is to be ordered refunded by the applicant to the Transcript Reimbursement Fund whenever the sum is actually recovered as costs. The court shall not consider whether payment has been made from the Transcript Reimbursement Fund in determining the appropriateness of any award of costs to the parties. The board shall also notify the applicant that the reimbursed sum has been paid to the certified shorthand reporter and shall notify the applicant of the duty to refund any of the sum actually recovered as costs in the action.
(g)If not entitled, the board shall return a copy of the invoice to the applicant and the designated certified shorthand reporter together with a notice stating the grounds for denial.
(h)The board shall complete its actions under this section within 30 days of receipt of the invoice and all required documentation, including a completed application.
(i)Applications for reimbursements from the fund shall be filed on a first-come-first-served basis.
(j)Applications for reimbursement that cannot be paid from the fund due to insufficiency of the fund for that fiscal year shall be held over until the next fiscal year to be paid out of the renewed fund. Applications held over shall be given a priority standing in the next fiscal year.
(k)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 8.Section 8030.8 of the Business and Professions Code is amended to read:8030.8.(a)For purposes of this chapter, documentation accompanying an invoice is sufficient to establish entitlement for reimbursement from the Transcript Reimbursement Fund if it is filed with the executive officer on an application form prescribed by the board that is complete in all respects, and that establishes all of the following:
(1)The case name and number and that the litigant or litigants requesting the reimbursement are indigent persons. If the applicant is an indigent person appearing pro se the application shall be accompanied by a copy of the fee waiver form approved by the court in the matter for which the applicant seeks reimbursement.
(2)The applicant is qualified under the provisions of this chapter.
(3)The case is not a fee-generating case, as defined in Section 8030.4.
(4)The invoice or other documentation shall evidence that the certified shorthand reporter to be reimbursed was, at the time the services were rendered, a duly licensed certified shorthand reporter.
(5)The invoice shall be accompanied by a statement, signed by the applicant, stating that the charges are for transcripts actually provided as indicated on the invoice.
(6)The applicant has acknowledged, in writing, that as a condition of entitlement for reimbursement that the applicant agrees to refund the entire amount disbursed from the Transcript Reimbursement Fund from any costs or attorneys fees awarded to the applicant by the court or provided for in any settlement agreement in the case.
(7)The certified shorthand reporters invoice for transcripts shall include separate itemizations of charges claimed, as follows:
(A)Total charges and rates for customary services in preparation of an original transcript and one copy or a copy of the transcript of depositions.
(B)Total charges and rates for expedited deposition transcripts.
(C)Total charges and rates in connection with transcription of court proceedings.
(b)For an applicant claiming to be eligible pursuant to subdivision (j), (l), or (m) of Section 8030.4, a letter from the director of the project or center, certifying that the project or center meets the standards set forth in one of those subdivisions and that the litigant or litigants are indigent persons, is sufficient documentation to establish eligibility.
(c)For an applicant claiming to be eligible pursuant to subdivision (k) of Section 8030.4, a letter certifying that the applicant meets the requirements of that subdivision, that the case is not a fee-generating case, as defined in subdivision (e) of Section 8030.4, and that the litigant or litigants are indigent persons, together with a letter from the director of a project or center defined in subdivision (j), (l), or (m) of Section 8030.4 certifying that the litigant or litigants had been referred by that project or center to the applicant, is sufficient documentation to establish eligibility.
(d)The applicant may receive reimbursement directly from the board if the applicant has previously paid the certified shorthand reporter for transcripts as provided in Section 8030.6. To receive payment directly, the applicant shall submit, in addition to all other required documentation, an itemized statement signed by the certified shorthand reporter performing the services that describes payment for transcripts in accordance with the requirements of Section 8030.6.
(e)The board may prescribe appropriate forms to be used by applicants and certified shorthand reporters to facilitate these requirements.
(f)This chapter does not restrict the contractual obligation or payment for services, including, but not limited to, billing the applicant directly, during the pendency of the claim.
(g)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 9.Section 8030.9 is added to the Business and Professions Code, to read:8030.9.(a)The board shall prepare and submit to the Legislature, on or before November 1, 2018, a report on the condition of the Court Reporters Fund, the condition of the Transcript Reimbursement Fund, and alternative funding sources to cover the costs associated with transcripts provided to indigent litigants, including, but not limited to, shorthand reporting services, such as transcript processing. The report shall include all of the following:
(1)Expenditures and claims relating to this article, including the initial balance of the Transcript Reimbursement Fund as of January 1, 2017.
(2)Funds received, including the amount of, and reason for, any refunds pursuant to Section 8030.2.
(3)Claims received, including the type of case, court involved, service for which reimbursement was sought, amount paid, and amount denied, if any, and the reason for denial.
(4)Efforts pursuant to Section 8030.1 to publicize the availability of the funds in the Transcript Reimbursement Fund to prospective applicants.
(5)Administrative fees.
(6)An analysis of the condition of the Transcript Reimbursement Fund, including a five-year projection of its fiscal solvency based on the licensee fee level for those years.
(7)Whether the amount transferred annually to the Transcript Reimbursement Fund is sufficient to maintain the fund at a level that is sufficient to pay all qualified claims.
(A)If the amount transferred annually is not sufficient to pay all qualified claims, the board shall recommend a level that would be sufficient.
(B)If the amount transferred annually is not sufficient to pay all qualified claims, the board shall investigate and recommend alternative sources of funding, if any.
(b)The report shall be provided using existing resources.
(c)The report prepared pursuant to subdivision (a) shall be submitted in accordance with Section 9795 of the Government Code.
(d)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 10.Section 8031 of the Business and Professions Code is amended to read:8031.The amount of the fees required by this chapter is that fixed by the board in accordance with the following schedule:
(a)The fee for filing an application for each examination shall be no more than forty dollars ($40).
(b)The fee for examination and reexamination for the written or practical part of the examination shall be in an amount fixed by the board, which shall be equal to the actual cost of preparing, administering, grading, and analyzing the examination, but shall not exceed seventy-five dollars ($75) for each separate part, for each administration.
(c)The initial certificate fee is an amount equal to the renewal fee in effect on the last regular renewal date before the date on which the certificate is issued, except that, if the certificate will expire less than 180 days after its issuance, then the fee is 50 percent of the renewal fee in effect on the last regular renewal date before the date on which the certificate is issued, or fifty dollars ($50), whichever is greater. The board may, by appropriate regulation, provide for the waiver or refund of the initial certificate fee where the certificate is issued less than 45 days before the date on which it will expire.
(d)By a resolution adopted by the board, a renewal fee may be established in such amounts and at such times as the board may deem appropriate to meet its operational expenses and funding responsibilities as set forth in this chapter. The renewal fee shall not be more than two hundred fifty dollars ($250) nor less than ten dollars ($10) annually, with the following exception:
Any person who is employed full time by the State of California as a hearing reporter and who does not otherwise render shorthand reporting services for a fee shall be exempt from licensure while in state employment and shall not be subject to the renewal fee provisions of this subdivision until 30 days after leaving state employment. The renewal fee shall, in addition to the amount fixed by this subdivision, include any unpaid fees required by this section plus any delinquency fee.
(e)The duplicate certificate fee shall be no greater than ten dollars ($10).
(f)The penalty for failure to notify the board of a change of name or address as required by Section 8024.6 shall be no greater than fifty dollars ($50).
(a)There is in the Department of Consumer Affairs a Court Reporters Board of California, which consists of five members, three of whom shall be public members and two of whom shall be holders of certificates issued under this chapter who have been actively engaged as shorthand reporters within this state for at least five years immediately preceding their appointment.
(b)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
(c)Notwithstanding any other law, repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 2.Section 8005 of the Business and Professions Code is amended to read:8005.(a)The Court Reporters Board of California is charged with the executive functions necessary for effectuating the purposes of this chapter. It may appoint committees as it deems necessary or proper. The board may appoint, prescribe the duties, and fix the salary of an executive officer. Except as provided by Section 159.5, the board may also employ other employees as may be necessary, subject to civil service and other law.
(b)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 3.Section 8030.1 is added to the Business and Professions Code, to read:8030.1.The board may use existing resources to undertake efforts to publicize the availability of the Transcript Reimbursement Fund, established pursuant to Section 8030.2, to prospective applicants through appropriate entities serving these applicants, including the State Bar of California, the California Commission on Access to Justice, and the Legal Aid Association of California. These efforts shall be described in the report required by Section 8030.9.
SEC. 4.Section 8030.2 of the Business and Professions Code is amended to read:8030.2.(a)To provide shorthand reporting services to low-income litigants in civil cases, who are unable to otherwise afford those services, funds generated by fees received by the board pursuant to subdivision (c) of Section 8031 in excess of funds needed to support the boards operating budget for the fiscal year in which a transfer described below is made shall be used by the board for the purpose of establishing and maintaining a Transcript Reimbursement Fund. The Transcript Reimbursement Fund shall be funded by a transfer of funds from the Court Reporters Fund in the amount of three hundred thousand dollars ($300,000) annually. The board is authorized to transfer funds in increments of one hundred thousand dollars ($100,000) for a total of three hundred thousand dollars ($300,000). Notwithstanding any other provision of this article, a transfer to the Transcript Reimbursement Fund in excess of the fund balance established at the beginning of each fiscal year shall not be made by the board if the transfer will result in the reduction of the balance of the Court Reporters Fund to an amount less than six months operating budget.
(b)Refunds and unexpended funds that are anticipated to remain in the Transcript Reimbursement Fund at the end of the fiscal year shall be considered by the board in establishing the fee assessment pursuant to Section 8031 so that the assessment shall maintain the level of funding for the Transcript Reimbursement Fund, as specified in subdivision (a), in the following fiscal year.
(c)The Transcript Reimbursement Fund is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, moneys in the Transcript Reimbursement Fund are continuously appropriated for the purposes of this chapter.
(d)(1)Applicants who have been reimbursed pursuant to this chapter for services provided to litigants and who are awarded court costs or attorneys fees by judgment or by settlement agreement shall refund the full amount of that reimbursement to the fund within 90 days of receipt of the award or settlement.
(2)An applicant appearing pro se who has been reimbursed for services provided to litigants under this chapter shall refund the full amount reimbursed if a court orders the applicants fee waiver withdrawn or denied retroactively pursuant to Section 68636 of the Government Code, within 90 days of the courts order withdrawing or denying the fee waiver.
(e)Subject to the limitations of this chapter, the board shall maintain the fund at a level that is sufficient to pay all qualified claims. To accomplish this objective, the board shall utilize all refunds, unexpended funds, fees, and any other moneys received by the board.
(f)Notwithstanding Section 16346 of the Government Code, all unencumbered funds remaining in the Transcript Reimbursement Fund as of January 1, 2019, shall be transferred to the Court Reporters Fund.
(g)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 5.Section 8030.4 of the Business and Professions Code is amended to read:8030.4.As used in this chapter:
(a)Applicant means a qualified legal services project, qualified support center, other qualified project, or pro bono attorney applying to receive funds from the Transcript Reimbursement Fund established by this chapter. The term applicant includes an indigent person appearing pro se to represent himself or herself at any stage of the case and applying to receive funds from the Transcript Reimbursement Fund established in Section 8030.2.
(b)Case means a single legal proceeding from its inception, through all levels of hearing, trial, and appeal, until its ultimate conclusion and disposition.
(c)Certified shorthand reporter means a shorthand reporter certified pursuant to Article 3 (commencing with Section 8020) performing shorthand reporting services pursuant to Section 8017.
(d)Developmentally Disabled Assistance Act means the Developmentally Disabled Assistance and Bill of Rights Act of 1975 (Public Law 94-103), as amended.
(e)Fee-generating case means any case or matter that, if undertaken on behalf of an eligible client by an attorney in private practice, reasonably may be expected to result in payment of a fee for legal services from an award to a client, from public funds, or from an opposing party. A reasonable expectation as to payment of a legal fee exists wherever a client enters into a contingent fee agreement with his or her lawyer. If there is no contingent fee agreement, a case is not considered fee generating if adequate representation is deemed to be unavailable because of the occurrence of any of the following circumstances:
(1)If the applicant has determined that referral is not possible because of any of the following:
(A)The case has been rejected by the local lawyer referral service, or if there is no such service, by two private attorneys who have experience in the subject matter of the case.
(B)Neither the referral service nor any lawyer will consider the case without payment of a consultation fee.
(C)The case is of the type that private attorneys in the area ordinarily do not accept, or do not accept without prepayment of a fee.
(D)Emergency circumstances compel immediate action before referral can be made, but the client is advised that, if appropriate and consistent with professional responsibility, referral will be attempted at a later time.
(2)If recovery of damages is not the principal object of the case and a request for damages is merely ancillary to an action for equitable or other nonpecuniary relief or inclusion of a counterclaim requesting damages is necessary for effective defense or because of applicable rules governing joinder of counterclaims.
(3)If a court appoints an applicant or an employee of an applicant pursuant to a statute or a court rule or practice of equal applicability to all attorneys in the jurisdiction.
(4)In any case involving the rights of a claimant under a public-supported benefit program for which entitlement to benefit is based on need.
(f)(1)Indigent person means any of the following:
(A)A person whose income is 125 percent or less of the current poverty threshold established by the United States Office of Management and Budget.
(B)A person who is eligible for supplemental security income.
(C)A person who is eligible for, or receiving, free services under the federal Older Americans Act or the Developmentally Disabled Assistance Act.
(D)A person whose income is 75 percent or less of the maximum level of income for lower income households as defined in Section 50079.5 of the Health and Safety Code, for purposes of a program that provides legal assistance by an attorney in private practice on a pro bono basis.
(E)A person who qualifies for a waiver of fees pursuant to Section 68632 of the Government Code.
(2)For the purposes of this subdivision, the income of a person who is disabled shall be determined after deducting the costs of medical and other disability-related special expenses.
(g)Lawyer referral service means a lawyer referral program authorized by the State Bar of California pursuant to the rules of professional conduct.
(h)Legal Services Corporation means the Legal Services Corporation established under the Legal Services Corporation Act of 1974 (Public Law 93-355), as amended.
(i)Older Americans Act means the Older Americans Act of 1965 (Public Law 89-73), as amended.
(j)Other qualified project means a nonprofit organization formed for charitable or other public purposes, that does not receive funds from the Legal Services Corporation or pursuant to the federal Older Americans Act, and provides free legal services to indigent persons.
(k)Pro bono attorney means any attorney, law firm, or legal corporation, licensed to practice law in this state, that undertakes, without charge to the party, the representation of an indigent person, referred by a qualified legal services project, qualified support center, or other qualified project, in a case not considered to be fee generating, as defined in this chapter.
(l)Qualified legal services project means a nonprofit project, incorporated and operated exclusively in California, that provides as its primary purpose and function legal services without charge to indigent persons, has a board of directors or advisory board composed of both attorneys and consumers of legal services, and provides for community participation in legal services programming. A legal services project funded, either in whole or in part, by the Legal Services Corporation or with the federal Older Americans Act funds is presumed to be a qualified legal services project for the purposes of this chapter.
(m)Qualified support center means an incorporated nonprofit legal services center that has an office or offices in California that provide legal services or technical assistance without charge to qualified legal services projects and their clients on a multicounty basis in California. A support center funded, either in whole or in part, by the Legal Services Corporation or with the federal Older Americans Act funds is presumed to be a qualified legal services project for the purposes of this chapter.
(n)Rules of professional conduct means those rules adopted by the State Bar of California pursuant to Sections 6076 and 6077.
(o)Supplemental security income recipient means an individual receiving or eligible to receive payments under Title XVI of the Social Security Act (Public Law 92-603), as amended, or payment under Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of the Welfare and Institutions Code.
(p)Vexatious litigant means a person as defined in subdivision (b) of Section 391 of the Code of Civil Procedure.
(q)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 6.Section 8030.5 of the Business and Professions Code is repealed.SEC. 7.Section 8030.6 of the Business and Professions Code is amended to read:8030.6.The board shall disburse funds from the Transcript Reimbursement Fund for the costs, exclusive of per diem charges by official reporters, of preparing either an original transcript and one copy thereof, or where appropriate, a copy of the transcript, of court or deposition proceedings, or both, incurred as a contractual obligation between the shorthand reporter and the applicant, for litigation conducted in California. If there is no deposition transcript, the board may reimburse the applicant or the certified shorthand reporter designated in the application for per diem costs. The rate of per diem for depositions shall not exceed seventy-five dollars ($75) for one-half day, or one hundred twenty-five dollars ($125) for a full day. If a transcript is ordered within one year of the date of the deposition, but subsequent to the per diem having been reimbursed by the Transcript Reimbursement Fund, the amount of the per diem shall be deducted from the regular customary charges for a transcript. Reimbursement may be obtained through the following procedures:
(a)The applicant or certified shorthand reporter shall promptly submit to the board the certified shorthand reporters invoice for transcripts together with the appropriate documentation as is required by this chapter.
(b)Except as provided in subdivision (c), the board shall promptly determine if the applicant or the certified shorthand reporter is entitled to reimbursement under this chapter and shall make payment as follows:
(1)Regular customary charges for preparation of original deposition transcripts and one copy thereof, or a copy of the transcripts.
(2)Regular customary charges for expedited deposition transcripts up to a maximum of two thousand five hundred dollars ($2,500) per case.
(3)Regular customary charges for the preparation of original transcripts and one copy thereof, or a copy of transcripts of court proceedings.
(4)Regular customary charges for expedited or daily charges for preparation of original transcripts and one copy thereof or a copy of transcripts of court proceedings.
(5)The charges shall not include notary or handling fees. The charges may include actual shipping costs and exhibits, except that the cost of exhibits may not exceed thirty-five cents ($0.35) each or a total of thirty-five dollars ($35) per transcript.
(c)The maximum amount reimbursable by the fund under subdivision (b) shall not exceed twenty thousand dollars ($20,000) per case per year.
(d)A vexatious litigant shall be ineligible to receive funds from the Transcript Reimbursement Fund. However, a vexatious litigant may become eligible to receive funds if he or she is no longer subject to the provisions of Title 3A of Part 2 of the Code of Civil Procedure pursuant to Section 391.8 of Code of Civil Procedure.
(e)Total disbursements to cover the costs of providing transcripts to all applicants appearing pro se pursuant to this section shall not exceed seventy-five thousand dollars ($75,000) annually and shall not exceed one thousand five hundred dollars ($1,500) per case.
(f)If entitled, and funds are available, the board shall disburse the appropriate sum to the applicant or the certified shorthand reporter when the documentation described in Section 8030.8 accompanies the application. A notice shall be sent to the recipient requiring the recipient to file a notice with the court in which the action is pending stating the sum of reimbursement paid pursuant to this section. The notice filed with the court shall also state that if the sum is subsequently included in any award of costs made in the action, that the sum is to be ordered refunded by the applicant to the Transcript Reimbursement Fund whenever the sum is actually recovered as costs. The court shall not consider whether payment has been made from the Transcript Reimbursement Fund in determining the appropriateness of any award of costs to the parties. The board shall also notify the applicant that the reimbursed sum has been paid to the certified shorthand reporter and shall notify the applicant of the duty to refund any of the sum actually recovered as costs in the action.
(g)If not entitled, the board shall return a copy of the invoice to the applicant and the designated certified shorthand reporter together with a notice stating the grounds for denial.
(h)The board shall complete its actions under this section within 30 days of receipt of the invoice and all required documentation, including a completed application.
(i)Applications for reimbursements from the fund shall be filed on a first-come-first-served basis.
(j)Applications for reimbursement that cannot be paid from the fund due to insufficiency of the fund for that fiscal year shall be held over until the next fiscal year to be paid out of the renewed fund. Applications held over shall be given a priority standing in the next fiscal year.
(k)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 8.Section 8030.8 of the Business and Professions Code is amended to read:8030.8.(a)For purposes of this chapter, documentation accompanying an invoice is sufficient to establish entitlement for reimbursement from the Transcript Reimbursement Fund if it is filed with the executive officer on an application form prescribed by the board that is complete in all respects, and that establishes all of the following:
(1)The case name and number and that the litigant or litigants requesting the reimbursement are indigent persons. If the applicant is an indigent person appearing pro se the application shall be accompanied by a copy of the fee waiver form approved by the court in the matter for which the applicant seeks reimbursement.
(2)The applicant is qualified under the provisions of this chapter.
(3)The case is not a fee-generating case, as defined in Section 8030.4.
(4)The invoice or other documentation shall evidence that the certified shorthand reporter to be reimbursed was, at the time the services were rendered, a duly licensed certified shorthand reporter.
(5)The invoice shall be accompanied by a statement, signed by the applicant, stating that the charges are for transcripts actually provided as indicated on the invoice.
(6)The applicant has acknowledged, in writing, that as a condition of entitlement for reimbursement that the applicant agrees to refund the entire amount disbursed from the Transcript Reimbursement Fund from any costs or attorneys fees awarded to the applicant by the court or provided for in any settlement agreement in the case.
(7)The certified shorthand reporters invoice for transcripts shall include separate itemizations of charges claimed, as follows:
(A)Total charges and rates for customary services in preparation of an original transcript and one copy or a copy of the transcript of depositions.
(B)Total charges and rates for expedited deposition transcripts.
(C)Total charges and rates in connection with transcription of court proceedings.
(b)For an applicant claiming to be eligible pursuant to subdivision (j), (l), or (m) of Section 8030.4, a letter from the director of the project or center, certifying that the project or center meets the standards set forth in one of those subdivisions and that the litigant or litigants are indigent persons, is sufficient documentation to establish eligibility.
(c)For an applicant claiming to be eligible pursuant to subdivision (k) of Section 8030.4, a letter certifying that the applicant meets the requirements of that subdivision, that the case is not a fee-generating case, as defined in subdivision (e) of Section 8030.4, and that the litigant or litigants are indigent persons, together with a letter from the director of a project or center defined in subdivision (j), (l), or (m) of Section 8030.4 certifying that the litigant or litigants had been referred by that project or center to the applicant, is sufficient documentation to establish eligibility.
(d)The applicant may receive reimbursement directly from the board if the applicant has previously paid the certified shorthand reporter for transcripts as provided in Section 8030.6. To receive payment directly, the applicant shall submit, in addition to all other required documentation, an itemized statement signed by the certified shorthand reporter performing the services that describes payment for transcripts in accordance with the requirements of Section 8030.6.
(e)The board may prescribe appropriate forms to be used by applicants and certified shorthand reporters to facilitate these requirements.
(f)This chapter does not restrict the contractual obligation or payment for services, including, but not limited to, billing the applicant directly, during the pendency of the claim.
(g)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 9.Section 8030.9 is added to the Business and Professions Code, to read:8030.9.(a)The board shall prepare and submit to the Legislature, on or before November 1, 2018, a report on the condition of the Court Reporters Fund, the condition of the Transcript Reimbursement Fund, and alternative funding sources to cover the costs associated with transcripts provided to indigent litigants, including, but not limited to, shorthand reporting services, such as transcript processing. The report shall include all of the following:
(1)Expenditures and claims relating to this article, including the initial balance of the Transcript Reimbursement Fund as of January 1, 2017.
(2)Funds received, including the amount of, and reason for, any refunds pursuant to Section 8030.2.
(3)Claims received, including the type of case, court involved, service for which reimbursement was sought, amount paid, and amount denied, if any, and the reason for denial.
(4)Efforts pursuant to Section 8030.1 to publicize the availability of the funds in the Transcript Reimbursement Fund to prospective applicants.
(5)Administrative fees.
(6)An analysis of the condition of the Transcript Reimbursement Fund, including a five-year projection of its fiscal solvency based on the licensee fee level for those years.
(7)Whether the amount transferred annually to the Transcript Reimbursement Fund is sufficient to maintain the fund at a level that is sufficient to pay all qualified claims.
(A)If the amount transferred annually is not sufficient to pay all qualified claims, the board shall recommend a level that would be sufficient.
(B)If the amount transferred annually is not sufficient to pay all qualified claims, the board shall recommend an alternative source of funding that does not exceed more than 25 percent of an individual licensees renewal fee pursuant to subdivision (b) of Section 8031. investigate and recommend alternative sources of funding, if any.
(b)The report shall be provided using existing resources.
(c)The report prepared pursuant to subdivision (a) shall be submitted in accordance with Section 9795 of the Government Code.
(d)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 10.Section 8031 of the Business and Professions Code is amended to read:8031.The amount of the fees required by this chapter is that fixed by the board in accordance with the following schedule:
(a)The fee for filing an application for each examination shall be no more than forty dollars ($40).
(b)The fee for examination and reexamination for the written or practical part of the examination shall be in an amount fixed by the board, which shall be equal to the actual cost of preparing, administering, grading, and analyzing the examination, but shall not exceed seventy-five dollars ($75) for each separate part, for each administration.
(c)The initial certificate fee is an amount equal to the renewal fee in effect on the last regular renewal date before the date on which the certificate is issued, except that, if the certificate will expire less than 180 days after its issuance, then the fee is 50 percent of the renewal fee in effect on the last regular renewal date before the date on which the certificate is issued, or fifty dollars ($50), whichever is greater. The board may, by appropriate regulation, provide for the waiver or refund of the initial certificate fee where the certificate is issued less than 45 days before the date on which it will expire.
(d)By a resolution adopted by the board, a renewal fee may be established in such amounts and at such times as the board may deem appropriate to meet its operational expenses and funding responsibilities as set forth in this chapter. The renewal fee shall not be more than two hundred fifty dollars ($250) nor less than ten dollars ($10) annually, with the following exception:
Any person who is employed full time by the State of California as a hearing reporter and who does not otherwise render shorthand reporting services for a fee shall be exempt from licensure while in state employment and shall not be subject to the renewal fee provisions of this subdivision until 30 days after leaving state employment. The renewal fee shall, in addition to the amount fixed by this subdivision, include any unpaid fees required by this section plus any delinquency fee.
(e)The duplicate certificate fee shall be no greater than ten dollars ($10).
(f)The penalty for failure to notify the board of a change of name or address as required by Section 8024.6 shall be no greater than fifty dollars ($50).
(a)There is in the Department of Consumer Affairs a Court Reporters Board of California, which consists of five members, three of whom shall be public members and two of whom shall be holders of certificates issued under this chapter who have been actively engaged as shorthand reporters within this state for at least five years immediately preceding their appointment.
(b)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
(c)Notwithstanding any other law, repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 2.Section 8005 of the Business and Professions Code is amended to read:8005.(a)The Court Reporters Board of California is charged with the executive functions necessary for effectuating the purposes of this chapter. It may appoint committees as it deems necessary or proper. The board may appoint, prescribe the duties, and fix the salary of an executive officer. Except as provided by Section 159.5, the board may also employ other employees as may be necessary, subject to civil service and other law.
(b)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 3.Section 8030.1 is added to the Business and Professions Code, to read:8030.1.The board may use existing resources to undertake efforts to publicize the availability of the Transcript Reimbursement Fund, established pursuant to Section 8030.2, to prospective applicants through appropriate entities serving these applicants, including the State Bar of California, the California Commission on Access to Justice, and the Legal Aid Association of California. These efforts shall be described in the report required by Section 8030.9.
SEC. 4.Section 8030.2 of the Business and Professions Code is amended to read:8030.2.(a)To provide shorthand reporting services to low-income litigants in civil cases, who are unable to otherwise afford those services, funds generated by fees received by the board pursuant to subdivision (c) of Section 8031 in excess of funds needed to support the boards operating budget for the fiscal year in which a transfer described below is made shall be used by the board for the purpose of establishing and maintaining a Transcript Reimbursement Fund. The Transcript Reimbursement Fund shall be established by a transfer of funds from the Court Reporters Fund in the amount of three hundred thousand dollars ($300,000) at the beginning of each fiscal year. The Transcript Reimbursement Fund shall be funded by a transfer of funds from the Court Reporters Fund in the amount of three hundred thousand dollars ($300,000) annually. The board is authorized to transfer funds in increments of one hundred thousand dollars ($100,000) for a total of three hundred thousand dollars ($300,000). Notwithstanding any other provision of this article, a transfer to the Transcript Reimbursement Fund in excess of the fund balance established at the beginning of each fiscal year shall not be made by the board if the transfer will result in the reduction of the balance of the Court Reporters Fund to an amount less than six months operating budget.
(b)Refunds and unexpended funds that are anticipated to remain in the Transcript Reimbursement Fund at the end of the fiscal year shall be considered by the board in establishing the fee assessment pursuant to Section 8031 so that the assessment shall maintain the level of funding for the Transcript Reimbursement Fund, as specified in subdivision (a), in the following fiscal year.
(c)The Transcript Reimbursement Fund is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, moneys in the Transcript Reimbursement Fund are continuously appropriated for the purposes of this chapter.
(d)(1)Applicants who have been reimbursed pursuant to this chapter for services provided to litigants and who are awarded court costs or attorneys fees by judgment or by settlement agreement shall refund the full amount of that reimbursement to the fund within 90 days of receipt of the award or settlement.
(2)An applicant appearing pro se who has been reimbursed for services provided to litigants under this chapter shall refund the full amount reimbursed if a court orders the applicants fee waiver withdrawn or denied retroactively pursuant to Section 68636 of the Government Code, within 90 days of the courts order withdrawing or denying the fee waiver.
(e)Subject to the limitations of this chapter, the board shall maintain the fund at a level that is sufficient to pay all qualified claims. To accomplish this objective, the board shall utilize all refunds, unexpended funds, fees, and any other moneys received by the board.
(f)Notwithstanding Section 16346 of the Government Code, all unencumbered funds remaining in the Transcript Reimbursement Fund as of January 1, 2019, shall be transferred to the Court Reporters Fund.
(g)This section shall remain in effect only until January 1, 2019, 2020, and as of that date is repealed.
SEC. 5.Section 8030.4 of the Business and Professions Code is amended to read:8030.4.As used in this chapter:
(a)Applicant means a qualified legal services project, qualified support center, other qualified project, or pro bono attorney applying to receive funds from the Transcript Reimbursement Fund established by this chapter. The term applicant includes an indigent person appearing pro se to represent himself or herself at any stage of the case and applying to receive funds from the Transcript Reimbursement Fund established in Section 8030.2.
(b)Case means a single legal proceeding from its inception, through all levels of hearing, trial, and appeal, until its ultimate conclusion and disposition.
(c)Certified shorthand reporter means a shorthand reporter certified pursuant to Article 3 (commencing with Section 8020) performing shorthand reporting services pursuant to Section 8017.
(d)Developmentally Disabled Assistance Act means the Developmentally Disabled Assistance and Bill of Rights Act of 1975 (Public Law 94-103), as amended.
(e)Fee-generating case means any case or matter that, if undertaken on behalf of an eligible client by an attorney in private practice, reasonably may be expected to result in payment of a fee for legal services from an award to a client, from public funds, or from an opposing party. A reasonable expectation as to payment of a legal fee exists wherever a client enters into a contingent fee agreement with his or her lawyer. If there is no contingent fee agreement, a case is not considered fee generating if adequate representation is deemed to be unavailable because of the occurrence of any of the following circumstances:
(1)If the applicant has determined that referral is not possible because of any of the following:
(A)The case has been rejected by the local lawyer referral service, or if there is no such service, by two private attorneys who have experience in the subject matter of the case.
(B)Neither the referral service nor any lawyer will consider the case without payment of a consultation fee.
(C)The case is of the type that private attorneys in the area ordinarily do not accept, or do not accept without prepayment of a fee.
(D)Emergency circumstances compel immediate action before referral can be made, but the client is advised that, if appropriate and consistent with professional responsibility, referral will be attempted at a later time.
(2)If recovery of damages is not the principal object of the case and a request for damages is merely ancillary to an action for equitable or other nonpecuniary relief or inclusion of a counterclaim requesting damages is necessary for effective defense or because of applicable rules governing joinder of counterclaims.
(3)If a court appoints an applicant or an employee of an applicant pursuant to a statute or a court rule or practice of equal applicability to all attorneys in the jurisdiction.
(4)In any case involving the rights of a claimant under a public-supported benefit program for which entitlement to benefit is based on need.
(f)(1)Indigent person means any of the following:
(A)A person whose income is 125 percent or less of the current poverty threshold established by the United States Office of Management and Budget.
(B)A person who is eligible for supplemental security income.
(C)A person who is eligible for, or receiving, free services under the federal Older Americans Act or the Developmentally Disabled Assistance Act.
(D)A person whose income is 75 percent or less of the maximum level of income for lower income households as defined in Section 50079.5 of the Health and Safety Code, for purposes of a program that provides legal assistance by an attorney in private practice on a pro bono basis.
(E)A person who qualifies for a waiver of fees pursuant to Section 68632 of the Government Code.
(2)For the purposes of this subdivision, the income of a person who is disabled shall be determined after deducting the costs of medical and other disability-related special expenses.
(g)Lawyer referral service means a lawyer referral program authorized by the State Bar of California pursuant to the rules of professional conduct.
(h)Legal Services Corporation means the Legal Services Corporation established under the Legal Services Corporation Act of 1974 (Public Law 93-355), as amended.
(i)Older Americans Act means the Older Americans Act of 1965 (Public Law 89-73), as amended.
(j)Other qualified project means a nonprofit organization formed for charitable or other public purposes, that does not receive funds from the Legal Services Corporation or pursuant to the federal Older Americans Act, and provides free legal services to indigent persons.
(k)Pro bono attorney means any attorney, law firm, or legal corporation, licensed to practice law in this state, that undertakes, without charge to the party, the representation of an indigent person, referred by a qualified legal services project, qualified support center, or other qualified project, in a case not considered to be fee generating, as defined in this chapter.
(l)Qualified legal services project means a nonprofit project, incorporated and operated exclusively in California, that provides as its primary purpose and function legal services without charge to indigent persons, has a board of directors or advisory board composed of both attorneys and consumers of legal services, and provides for community participation in legal services programming. A legal services project funded, either in whole or in part, by the Legal Services Corporation or with the federal Older Americans Act funds is presumed to be a qualified legal services project for the purposes of this chapter.
(m)Qualified support center means an incorporated nonprofit legal services center that has an office or offices in California that provide legal services or technical assistance without charge to qualified legal services projects and their clients on a multicounty basis in California. A support center funded, either in whole or in part, by the Legal Services Corporation or with the federal Older Americans Act funds is presumed to be a qualified legal services project for the purposes of this chapter.
(n)Rules of professional conduct means those rules adopted by the State Bar of California pursuant to Sections 6076 and 6077.
(o)Supplemental security income recipient means an individual receiving or eligible to receive payments under Title XVI of the Social Security Act (Public Law 92-603), as amended, or payment under Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of the Welfare and Institutions Code.
(p)Vexatious litigant means a person as defined in subdivision (b) of Section 391 of the Code of Civil Procedure.
(q)This section shall remain in effect only until January 1, 2019, 2020, and as of that date is repealed.
SEC. 6.Section 8030.5 of the Business and Professions Code is repealed.SEC. 7.Section 8030.6 of the Business and Professions Code is amended to read:8030.6.The board shall disburse funds from the Transcript Reimbursement Fund for the costs, exclusive of per diem charges by official reporters, of preparing either an original transcript and one copy thereof, or where appropriate, a copy of the transcript, of court or deposition proceedings, or both, incurred as a contractual obligation between the shorthand reporter and the applicant, for litigation conducted in California. If there is no deposition transcript, the board may reimburse the applicant or the certified shorthand reporter designated in the application for per diem costs. The rate of per diem for depositions shall not exceed seventy-five dollars ($75) for one-half day, or one hundred twenty-five dollars ($125) for a full day. If a transcript is ordered within one year of the date of the deposition, but subsequent to the per diem having been reimbursed by the Transcript Reimbursement Fund, the amount of the per diem shall be deducted from the regular customary charges for a transcript. Reimbursement may be obtained through the following procedures:
(a)The applicant or certified shorthand reporter shall promptly submit to the board the certified shorthand reporters invoice for transcripts together with the appropriate documentation as is required by this chapter.
(b)Except as provided in subdivision (c), the board shall promptly determine if the applicant or the certified shorthand reporter is entitled to reimbursement under this chapter and shall make payment as follows:
(1)Regular customary charges for preparation of original deposition transcripts and one copy thereof, or a copy of the transcripts.
(2)Regular customary charges for expedited deposition transcripts up to a maximum of two thousand five hundred dollars ($2,500) per case.
(3)Regular customary charges for the preparation of original transcripts and one copy thereof, or a copy of transcripts of court proceedings.
(4)Regular customary charges for expedited or daily charges for preparation of original transcripts and one copy thereof or a copy of transcripts of court proceedings.
(5)The charges shall not include notary or handling fees. The charges may include actual shipping costs and exhibits, except that the cost of exhibits may not exceed thirty-five cents ($0.35) each or a total of thirty-five dollars ($35) per transcript.
(c)The maximum amount reimbursable by the fund under subdivision (b) shall not exceed twenty thousand dollars ($20,000) per case per year.
(d)A vexatious litigant shall be ineligible to receive funds from the Transcript Reimbursement Fund. However, a vexatious litigant may become eligible to receive funds if he or she is no longer subject to the provisions of Title 3A of Part 2 of the Code of Civil Procedure pursuant to Section 391.8 of Code of Civil Procedure.
(e)Total disbursements to cover the costs of providing transcripts to all applicants appearing pro se pursuant to this section shall not exceed seventy-five thousand dollars ($75,000) annually and shall not exceed one thousand five hundred dollars ($1,500) per case.
(f)If entitled, and funds are available, the board shall disburse the appropriate sum to the applicant or the certified shorthand reporter when the documentation described in Section 8030.8 accompanies the application. A notice shall be sent to the recipient requiring the recipient to file a notice with the court in which the action is pending stating the sum of reimbursement paid pursuant to this section. The notice filed with the court shall also state that if the sum is subsequently included in any award of costs made in the action, that the sum is to be ordered refunded by the applicant to the Transcript Reimbursement Fund whenever the sum is actually recovered as costs. The court shall not consider whether payment has been made from the Transcript Reimbursement Fund in determining the appropriateness of any award of costs to the parties. The board shall also notify the applicant that the reimbursed sum has been paid to the certified shorthand reporter and shall notify the applicant of the duty to refund any of the sum actually recovered as costs in the action.
(g)If not entitled, the board shall return a copy of the invoice to the applicant and the designated certified shorthand reporter together with a notice stating the grounds for denial.
(h)The board shall complete its actions under this section within 30 days of receipt of the invoice and all required documentation, including a completed application.
(i)Applications for reimbursements from the fund shall be filed on a first-come-first-served basis.
(j)Applications for reimbursement that cannot be paid from the fund due to insufficiency of the fund for that fiscal year shall be held over until the next fiscal year to be paid out of the renewed fund. Applications held over shall be given a priority standing in the next fiscal year.
(k)This section shall remain in effect only until January 1 2019, 1, 2020, and as of that date is repealed.
SEC. 8.Section 8030.8 of the Business and Professions Code is amended to read:8030.8.(a)For purposes of this chapter, documentation accompanying an invoice is sufficient to establish entitlement for reimbursement from the Transcript Reimbursement Fund if it is filed with the executive officer on an application form prescribed by the board that is complete in all respects, and that establishes all of the following:
(1)The case name and number and that the litigant or litigants requesting the reimbursement are indigent persons. If the applicant is an indigent person appearing pro se the application shall be accompanied by a copy of the fee waiver form approved by the court in the matter for which the applicant seeks reimbursement.
(2)The applicant is qualified under the provisions of this chapter.
(3)The case is not a fee-generating case, as defined in Section 8030.4.
(4)The invoice or other documentation shall evidence that the certified shorthand reporter to be reimbursed was, at the time the services were rendered, a duly licensed certified shorthand reporter.
(5)The invoice shall be accompanied by a statement, signed by the applicant, stating that the charges are for transcripts actually provided as indicated on the invoice.
(6)The applicant has acknowledged, in writing, that as a condition of entitlement for reimbursement that the applicant agrees to refund the entire amount disbursed from the Transcript Reimbursement Fund from any costs or attorneys fees awarded to the applicant by the court or provided for in any settlement agreement in the case.
(7)The certified shorthand reporters invoice for transcripts shall include separate itemizations of charges claimed, as follows:
(A)Total charges and rates for customary services in preparation of an original transcript and one copy or a copy of the transcript of depositions.
(B)Total charges and rates for expedited deposition transcripts.
(C)Total charges and rates in connection with transcription of court proceedings.
(b)For an applicant claiming to be eligible pursuant to subdivision (j), (l), or (m) of Section 8030.4, a letter from the director of the project or center, certifying that the project or center meets the standards set forth in one of those subdivisions and that the litigant or litigants are indigent persons, is sufficient documentation to establish eligibility.
(c)For an applicant claiming to be eligible pursuant to subdivision (k) of Section 8030.4, a letter certifying that the applicant meets the requirements of that subdivision, that the case is not a fee-generating case, as defined in subdivision (e) of Section 8030.4, and that the litigant or litigants are indigent persons, together with a letter from the director of a project or center defined in subdivision (j), (l), or (m) of Section 8030.4 certifying that the litigant or litigants had been referred by that project or center to the applicant, is sufficient documentation to establish eligibility.
(d)The applicant may receive reimbursement directly from the board if the applicant has previously paid the certified shorthand reporter for transcripts as provided in Section 8030.6. To receive payment directly, the applicant shall submit, in addition to all other required documentation, an itemized statement signed by the certified shorthand reporter performing the services that describes payment for transcripts in accordance with the requirements of Section 8030.6.
(e)The board may prescribe appropriate forms to be used by applicants and certified shorthand reporters to facilitate these requirements.
(f)This chapter does not restrict the contractual obligation or payment for services, including, but not limited to, billing the applicant directly, during the pendency of the claim.
(g)This section shall remain in effect only until January 1, 2019, 2020, and as of that date is repealed.
SEC. 9.Section 8030.9 is added to the Business and Professions Code, to read:8030.9.(a)The board shall prepare and submit to the Legislature, on or before January November 1, 2019, 2018, a report on the condition of the Court Reporters Fund, the condition of the Transcript Reimbursement Fund, and alternative funding sources to cover the costs associated with transcripts provided to indigent litigants, including, but not limited to, shorthand reporting services, such as transcript processing. The report shall include all of the following:
(1)Expenditures and claims relating to this article, including the initial balance of the Transcript Reimbursement Fund as of January 1, 2017.
(2)Funds received, including the amount of, and reason for, any refunds pursuant to Section 8030.2.
(3)Claims received, including the type of case, court involved, service for which reimbursement was sought, amount paid, and amount denied, if any, and the reason for denial.
(4)Efforts pursuant to Section 8030.1 to publicize the availability of the funds in the Transcript Reimbursement Fund to prospective applicants.
(5)Administrative fees.
(6)An analysis of the condition of the Transcript Reimbursement Fund, including a five-year projection of its fiscal solvency based on the licensee fee level for those years.
(7)Whether the amount transferred annually to the Transcript Reimbursement Fund is sufficient to maintain the fund at a level that is sufficient to pay all qualified claims.
(A)If the amount transferred annually is not sufficient to pay all qualified claims, the board shall recommend a level that would be sufficient.
(B)If the amount transferred annually is not sufficient to pay all qualified claims, the board shall recommend an alternative source of funding that does not exceed more than 25 percent of an individual licensees renewal fee pursuant to subdivision (b) of Section 8031.
(b)The report shall be provided using existing resources.
(c)The report prepared pursuant to subdivision (a) shall be submitted in accordance with Section 9795 of the Government Code.
(d)This section shall remain in effect only until January 1, 2019, 2020, and as of that date is repealed.
SEC. 10.Section 8031 of the Business and Professions Code is amended to read:8031.The amount of the fees required by this chapter is that fixed by the board in accordance with the following schedule:
(a)The fee for filing an application for each examination shall be no more than forty dollars ($40).
(b)The fee for examination and reexamination for the written or practical part of the examination shall be in an amount fixed by the board, which shall be equal to the actual cost of preparing, administering, grading, and analyzing the examination, but shall not exceed seventy-five dollars ($75) for each separate part, for each administration.
(c)The initial certificate fee is an amount equal to the renewal fee in effect on the last regular renewal date before the date on which the certificate is issued, except that, if the certificate will expire less than 180 days after its issuance, then the fee is 50 percent of the renewal fee in effect on the last regular renewal date before the date on which the certificate is issued, or fifty dollars ($50), whichever is greater. The board may, by appropriate regulation, provide for the waiver or refund of the initial certificate fee where the certificate is issued less than 45 days before the date on which it will expire.
(d)By a resolution adopted by the board, a renewal fee may be established in such amounts and at such times as the board may deem appropriate to meet its operational expenses and funding responsibilities as set forth in this chapter. The renewal fee shall not be more than one hundred twenty-five two hundred fifty dollars ($125) ($250) nor less than ten dollars ($10) annually, with the following exception:
Any person who is employed full time by the State of California as a hearing reporter and who does not otherwise render shorthand reporting services for a fee shall be exempt from licensure while in state employment and shall not be subject to the renewal fee provisions of this subdivision until 30 days after leaving state employment. The renewal fee shall, in addition to the amount fixed by this subdivision, include any unpaid fees required by this section plus any delinquency fee.
(e)The duplicate certificate fee shall be no greater than ten dollars ($10).
(f)The penalty for failure to notify the board of a change of name or address as required by Section 8024.6 shall be no greater than fifty dollars ($50).
(a)There is in the Department of Consumer Affairs a Court Reporters Board of California, which consists of five members, three of whom shall be public members and two of whom shall be holders of certificates issued under this chapter who have been actively engaged as shorthand reporters within this state for at least five years immediately preceding their appointment.
(b)This section shall remain in effect only until January 1, 2021, 2020, and as of that date is repealed.
(c)Notwithstanding any other law, repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 2.Section 8005 of the Business and Professions Code is amended to read:8005.(a)The Court Reporters Board of California is charged with the executive functions necessary for effectuating the purposes of this chapter. It may appoint committees as it deems necessary or proper. The board may appoint, prescribe the duties, and fix the salary of an executive officer. Except as provided by Section 159.5, the board may also employ other employees as may be necessary, subject to civil service and other law.
(b)This section shall remain in effect only until January 1, 2021, 2020, and as of that date is repealed.
SEC. 3.Section 8030.1 is added to the Business and Professions Code, to read:8030.1.The board may use existing resources to undertake efforts to publicize the availability of the Transcript Reimbursement Fund, established pursuant to Section 8030.2, to prospective applicants through appropriate entities serving these applicants, including the State Bar of California, the California Commission on Access to Justice, and the Legal Aid Association of California. These efforts shall be described in the report required by Section 8030.9.
SEC. 4.Section 8030.2 of the Business and Professions Code is amended to read:8030.2.(a)To provide shorthand reporting services to low-income litigants in civil cases, who are unable to otherwise afford those services, funds generated by fees received by the board pursuant to subdivision (c) of Section 8031 in excess of funds needed to support the boards operating budget for the fiscal year in which a transfer described below is made shall be used by the board for the purpose of establishing and maintaining a Transcript Reimbursement Fund. The Transcript Reimbursement Fund shall be established by a transfer of funds from the Court Reporters Fund in the amount of three hundred thousand dollars ($300,000) at the beginning of each fiscal year. The Transcript Reimbursement Fund shall be funded by a transfer of funds from the Court Reporters Fund in the amount of three hundred thousand dollars ($300,000) annually. The board is authorized to transfer funds in increments of one hundred thousand dollars ($100,000) for a total of three hundred thousand dollars ($300,000). Notwithstanding any other provision of this article, a transfer to the Transcript Reimbursement Fund in excess of the fund balance established at the beginning of each fiscal year shall not be made by the board if the transfer will result in the reduction of the balance of the Court Reporters Fund to an amount less than six months operating budget.
(b)All moneys held in the Court Reporters Fund on the effective date of this section in excess of the boards operating budget for the 199697 fiscal year shall be used as provided in subdivision (a).
(c)
(b)Refunds and unexpended funds that are anticipated to remain in the Transcript Reimbursement Fund at the end of the fiscal year shall be considered by the board in establishing the fee assessment pursuant to Section 8031 so that the assessment shall maintain the level of funding for the Transcript Reimbursement Fund, as specified in subdivision (a), in the following fiscal year.
(d)
(c)The Transcript Reimbursement Fund is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, moneys in the Transcript Reimbursement Fund are continuously appropriated for the purposes of this chapter.
(e)
(d)(1)Applicants, including applicants pursuant to Section 8030.5, Applicants who have been reimbursed pursuant to this chapter for services provided to litigants and who are awarded court costs or attorneys fees by judgment or by settlement agreement shall refund the full amount of that reimbursement to the fund within 90 days of receipt of the award or settlement.
(2)An applicant pursuant to Section 8030.5 appearing pro se who has been reimbursed for services provided to litigants under this chapter shall refund the full amount reimbursed if a court orders the applicants fee waiver withdrawn or denied retroactively pursuant to Section 68636 of the Government Code, within 90 days of the courts order withdrawing or denying the fee waiver.
(f)
(e)Subject to the limitations of this chapter, the board shall maintain the fund at a level that is sufficient to pay all qualified claims. To accomplish this objective, the board shall utilize all refunds, unexpended funds, fees, and any other moneys received by the board.
(g)
(f)Notwithstanding Section 16346 of the Government Code, all unencumbered funds remaining in the Transcript Reimbursement Fund as of January 1, 2017, 2019, shall be transferred to the Court Reporters Fund.
(h)
(g)This section shall remain in effect only until January 1, 2017, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date. repealed.
SEC. 5.Section 8030.4 of the Business and Professions Code is amended to read:8030.4.As used in this chapter:
(a)Applicant means a qualified legal services project, qualified support center, other qualified project, or pro bono attorney applying to receive funds from the Transcript Reimbursement Fund established by this chapter. The term applicant shall not include a person appearing pro se to represent himself or herself at any stage of a case. includes an indigent person appearing pro se to represent himself or herself at any stage of the case and applying to receive funds from the Transcript Reimbursement Fund established in Section 8030.2.
(b)Case means a single legal proceeding from its inception, through all levels of hearing, trial, and appeal, until its ultimate conclusion and disposition.
(c)Certified shorthand reporter means a shorthand reporter certified pursuant to Article 3 (commencing with Section 8020) performing shorthand reporting services pursuant to Section 8017.
(d)Developmentally Disabled Assistance Act means the Developmentally Disabled Assistance and Bill of Rights Act of 1975 (Public Law 94-103), as amended.
(e)Fee-generating case means any case or matter that, if undertaken on behalf of an eligible client by an attorney in private practice, reasonably may be expected to result in payment of a fee for legal services from an award to a client, from public funds, or from an opposing party. A reasonable expectation as to payment of a legal fee exists wherever a client enters into a contingent fee agreement with his or her lawyer. If there is no contingent fee agreement, a case is not considered fee generating if adequate representation is deemed to be unavailable because of the occurrence of any of the following circumstances:
(1)If the applicant has determined that referral is not possible because of any of the following:
(A)The case has been rejected by the local lawyer referral service, or if there is no such service, by two private attorneys who have experience in the subject matter of the case.
(B)Neither the referral service nor any lawyer will consider the case without payment of a consultation fee.
(C)The case is of the type that private attorneys in the area ordinarily do not accept, or do not accept without prepayment of a fee.
(D)Emergency circumstances compel immediate action before referral can be made, but the client is advised that, if appropriate and consistent with professional responsibility, referral will be attempted at a later time.
(2)If recovery of damages is not the principal object of the case and a request for damages is merely ancillary to an action for equitable or other nonpecuniary relief or inclusion of a counterclaim requesting damages is necessary for effective defense or because of applicable rules governing joinder of counterclaims.
(3)If a court appoints an applicant or an employee of an applicant pursuant to a statute or a court rule or practice of equal applicability to all attorneys in the jurisdiction.
(4)In any case involving the rights of a claimant under a public-supported benefit program for which entitlement to benefit is based on need.
(f)(1)Indigent person means any of the following:
(A)A person whose income is 125 percent or less of the current poverty threshold established by the United States Office of Management and Budget.
(B)A person who is eligible for supplemental security income.
(C)A person who is eligible for, or receiving, free services under the federal Older Americans Act or the Developmentally Disabled Assistance Act.
(D)A person whose income is 75 percent or less of the maximum level of income for lower income households as defined in Section 50079.5 of the Health and Safety Code, for purposes of a program that provides legal assistance by an attorney in private practice on a pro bono basis.
(E)A person who qualifies for a waiver of fees pursuant to Section 68632 of the Government Code.
(2)For the purposes of this subdivision, the income of a person who is disabled shall be determined after deducting the costs of medical and other disability-related special expenses.
(g)Lawyer referral service means a lawyer referral program authorized by the State Bar of California pursuant to the rules of professional conduct.
(h)Legal Services Corporation means the Legal Services Corporation established under the Legal Services Corporation Act of 1974 (Public Law 93-355), as amended.
(i)Older Americans Act means the Older Americans Act of 1965 (Public Law 89-73), as amended.
(j)Other qualified project means a nonprofit organization formed for charitable or other public purposes, that does not receive funds from the Legal Services Corporation or pursuant to the federal Older Americans Act, and provides free legal services to indigent persons.
(k)Pro bono attorney means any attorney, law firm, or legal corporation, licensed to practice law in this state, that undertakes, without charge to the party, the representation of an indigent person, referred by a qualified legal services project, qualified support center, or other qualified project, in a case not considered to be fee generating, as defined in this chapter.
(l)Qualified legal services project means a nonprofit project, incorporated and operated exclusively in California, that provides as its primary purpose and function legal services without charge to indigent persons, has a board of directors or advisory board composed of both attorneys and consumers of legal services, and provides for community participation in legal services programming. A legal services project funded, either in whole or in part, by the Legal Services Corporation or with the federal Older Americans Act funds is presumed to be a qualified legal services project for the purposes of this chapter.
(m)Qualified support center means an incorporated nonprofit legal services center that has an office or offices in California that provide legal services or technical assistance without charge to qualified legal services projects and their clients on a multicounty basis in California. A support center funded, either in whole or in part, by the Legal Services Corporation or with the federal Older Americans Act funds is presumed to be a qualified legal services project for the purposes of this chapter.
(n)Rules of professional conduct means those rules adopted by the State Bar of California pursuant to Sections 6076 and 6077.
(o)Supplemental security income recipient means an individual receiving or eligible to receive payments under Title XVI of the Social Security Act (Public Law 92-603), as amended, or payment under Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of the Welfare and Institutions Code.
(p)Vexatious litigant means a person as defined in subdivision (b) of Section 391 of the Code of Civil Procedures.
(p)
(q)This section shall remain in effect only until January 1, 2017, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date. repealed.
SEC. 6.Section 8030.5 of the Business and Professions Code is repealed.8030.5.(a)Notwithstanding subdivision (a) of Section 8030.4, as used in this chapter the term applicant also means an indigent person, as defined in subdivision (f) of Section 8030.4, appearing pro se to represent himself or herself at any stage of the case and applying to receive funds from the Transcript Reimbursement Fund established by this chapter.
(b)Notwithstanding Section 8030.6, total disbursements to cover the cost of providing transcripts to all applicants pursuant to this section shall not exceed thirty thousand dollars ($30,000) annually and shall not exceed one thousand five hundred dollars ($1,500) per case.
(c)The board shall provide a report to the Senate and Assembly Committees on Judiciary by March 1, 2012, that includes a summary of the expenditures and claims relating to this article, including the initial fund balance as of January 1, 2011; all funds received, including the amount of, and reason for, any refunds pursuant to subdivision (e) of Section 8030.2; all claims received, including the type of case, court involved, service for which reimbursement was sought, amount paid, and amount denied, if any, and the reason for denial; and all administrative fees. This report shall be provided using existing resources.
(d)The Legislature finds and declares that there are funds available for indigent pro se parties under this article only because the Transcript Reimbursement Fund has not been fully utilized in recent years by the eligible applicants for whom its use has been intended, despite the evident financial need among legal services organizations and pro bono attorneys. Accordingly, the board shall, using existing resources, undertake further efforts to publicize the availability of the Transcript Reimbursement Fund to prospective applicants, as defined in subdivision (a) of Section 8030.4, through appropriate entities serving these applicants, including the State Bar of California, the California Commission on Access to Justice, and the Legal Aid Association of California. These efforts shall be described in the report required by subdivision (c).
(e)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2017, deletes or extends that date.
SEC. 7.Section 8030.6 of the Business and Professions Code is amended to read:8030.6.The board shall disburse funds from the Transcript Reimbursement Fund for the costs, exclusive of per diem charges by official reporters, of preparing either an original transcript and one copy thereof, or where appropriate, a copy of the transcript, of court or deposition proceedings, or both, incurred as a contractual obligation between the shorthand reporter and the applicant, for litigation conducted in California. If there is no deposition transcript, the board may reimburse the applicant or the certified shorthand reporter designated in the application for per diem costs. The rate of per diem for depositions shall not exceed seventy-five dollars ($75) for one-half day, or one hundred twenty-five dollars ($125) for a full day. If a transcript is ordered within one year of the date of the deposition, but subsequent to the per diem having been reimbursed by the Transcript Reimbursement Fund, the amount of the per diem shall be deducted from the regular customary charges for a transcript. Reimbursement may be obtained through the following procedures:
(a)The applicant or certified shorthand reporter shall promptly submit to the board the certified shorthand reporters invoice for transcripts together with the appropriate documentation as is required by this chapter.
(b)Except as provided in subdivision (c), the board shall promptly determine if the applicant or the certified shorthand reporter is entitled to reimbursement under this chapter and shall make payment as follows:
(1)Regular customary charges for preparation of original deposition transcripts and one copy thereof, or a copy of the transcripts.
(2)Regular customary charges for expedited deposition transcripts up to a maximum of two thousand five hundred dollars ($2,500) per case.
(3)Regular customary charges for the preparation of original transcripts and one copy thereof, or a copy of transcripts of court proceedings.
(4)Regular customary charges for expedited or daily charges for preparation of original transcripts and one copy thereof or a copy of transcripts of court proceedings.
(5)The charges shall not include notary or handling fees. The charges may include actual shipping costs and exhibits, except that the cost of exhibits may not exceed thirty-five cents ($0.35) each or a total of thirty-five dollars ($35) per transcript.
(c)The maximum amount reimbursable by the fund under subdivision (b) shall not exceed twenty thousand dollars ($20,000) per case per year.
(d)A vexatious litigant shall be ineligible to receive funds from the Transcript Reimbursement Fund. However, a vexatious litigant may become eligible to receive funds if he or she is no longer subject to the provisions of Title 3A of Part 2 of the Code of Civil Procedure pursuant to Section 391.8 of Code of Civil Procedure.
(e)Total disbursements to cover the costs of providing transcripts to all applicants appearing pro se pursuant to this section shall not exceed seventy-five thousand dollars ($75,000) annually and shall not exceed one thousand five hundred dollars ($1,500) per case.
(d)
(f)If entitled, and funds are available, the board shall disburse the appropriate sum to the applicant or the certified shorthand reporter when the documentation described in Section 8030.8 accompanies the application. A notice shall be sent to the recipient requiring the recipient to file a notice with the court in which the action is pending stating the sum of reimbursement paid pursuant to this section. The notice filed with the court shall also state that if the sum is subsequently included in any award of costs made in the action, that the sum is to be ordered refunded by the applicant to the Transcript Reimbursement Fund whenever the sum is actually recovered as costs. The court shall not consider whether payment has been made from the Transcript Reimbursement Fund in determining the appropriateness of any award of costs to the parties. The board shall also notify the applicant that the reimbursed sum has been paid to the certified shorthand reporter and shall notify the applicant of the duty to refund any of the sum actually recovered as costs in the action.
(e)
(g)If not entitled, the board shall return a copy of the invoice to the applicant and the designated certified shorthand reporter together with a notice stating the grounds for denial.
(f)
(h)The board shall complete its actions under this section within 30 days of receipt of the invoice and all required documentation, including a completed application.
(g)
(i)Applications for reimbursements from the fund shall be filed on a first-come-first-served basis.
(h)
(j)Applications for reimbursement that cannot be paid from the fund due to insufficiency of the fund for that fiscal year shall be held over until the next fiscal year to be paid out of the renewed fund. Applications held over shall be given a priority standing in the next fiscal year.
(i)
(k)This section shall remain in effect only until January 1, 2017, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date. repealed.
SEC. 8.Section 8030.8 of the Business and Professions Code is amended to read:8030.8.(a)For purposes of this chapter, documentation accompanying an invoice is sufficient to establish entitlement for reimbursement from the Transcript Reimbursement Fund if it is filed with the executive officer on an application form prescribed by the board that is complete in all respects, and that establishes all of the following:
(1)The case name and number and that the litigant or litigants requesting the reimbursement are indigent persons. If the applicant is an indigent person applying pursuant to Section 8030.5, appearing pro se the application shall be accompanied by a copy of the fee waiver form approved by the court in the matter for which the applicant seeks reimbursement.
(2)The applicant is qualified under the provisions of this chapter.
(3)The case is not a fee-generating case, as defined in Section 8030.4.
(4)The invoice or other documentation shall evidence that the certified shorthand reporter to be reimbursed was, at the time the services were rendered, a duly licensed certified shorthand reporter.
(5)The invoice shall be accompanied by a statement, signed by the applicant, stating that the charges are for transcripts actually provided as indicated on the invoice.
(6)The applicant has acknowledged, in writing, that as a condition of entitlement for reimbursement that the applicant agrees to refund the entire amount disbursed from the Transcript Reimbursement Fund from any costs or attorneys fees awarded to the applicant by the court or provided for in any settlement agreement in the case.
(7)The certified shorthand reporters invoice for transcripts shall include separate itemizations of charges claimed, as follows:
(A)Total charges and rates for customary services in preparation of an original transcript and one copy or a copy of the transcript of depositions.
(B)Total charges and rates for expedited deposition transcripts.
(C)Total charges and rates in connection with transcription of court proceedings.
(b)For an applicant claiming to be eligible pursuant to subdivision (j), (l), or (m) of Section 8030.4, a letter from the director of the project or center, certifying that the project or center meets the standards set forth in one of those subdivisions and that the litigant or litigants are indigent persons, is sufficient documentation to establish eligibility.
(c)For an applicant claiming to be eligible pursuant to subdivision (k) of Section 8030.4, a letter certifying that the applicant meets the requirements of that subdivision, that the case is not a fee-generating case, as defined in subdivision (e) of Section 8030.4, and that the litigant or litigants are indigent persons, together with a letter from the director of a project or center defined in subdivision (j), (l), or (m) of Section 8030.4 certifying that the litigant or litigants had been referred by that project or center to the applicant, is sufficient documentation to establish eligibility.
(d)The applicant may receive reimbursement directly from the board if the applicant has previously paid the certified shorthand reporter for transcripts as provided in Section 8030.6. To receive payment directly, the applicant shall submit, in addition to all other required documentation, an itemized statement signed by the certified shorthand reporter performing the services that describes payment for transcripts in accordance with the requirements of Section 8030.6.
(e)The board may prescribe appropriate forms to be used by applicants and certified shorthand reporters to facilitate these requirements.
(f)This chapter does not restrict the contractual obligation or payment for services, including, but not limited to, billing the applicant directly, during the pendency of the claim.
(g)This section shall remain in effect only until January 1, 2017, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date. repealed.
SEC. 9.Section 8030.9 is added to the Business and Professions Code, to read:8030.9.(a)The board shall prepare and submit to the Legislature, on or before January 1, 2019, a report on the condition of the Court Reporters Fund, the condition of the Transcript Reimbursement Fund, and alternative funding sources to cover the costs associated with transcripts provided to indigent litigants, including, but not limited to, shorthand reporting services, such as transcript processing. The report shall include all of the following:
(1)Expenditures and claims relating to this article, including the initial balance of the Transcript Reimbursement Fund as of January 1, 2017.
(2)Funds received, including the amount of, and reason for, any refunds pursuant to Section 8030.2.
(3)Claims received, including the type of case, court involved, service for which reimbursement was sought, amount paid, and amount denied, if any, and the reason for denial.
(4)Efforts pursuant to Section 8030.1 to publicize the availability of the funds in the Transcript Reimbursement Fund to prospective applicants.
(5)Administrative fees.
(6)An analysis of the condition of the Transcript Reimbursement Fund, including a five-year projection of its fiscal solvency based on the licensee fee level for those years.
(7)Whether the amount transferred annually to the Transcript Reimbursement Fund is sufficient to maintain the fund at a level that is sufficient to pay all qualified claims.
(A)If the amount transferred annually is not sufficient to pay all qualified claims, the board shall recommend a level that would be sufficient.
(B)If the amount transferred annually is not sufficient to pay all qualified claims, the board shall recommend an alternative source of funding that does not exceed more than 25 percent of an individual licensees renewal fee pursuant to subdivision (b) of Section 8031.
(b)The report shall be provided using existing resources.
(c)The report prepared pursuant to subdivision (a) shall be submitted in accordance with Section 9795 of the Government Code.
(d)This section shall remain in effect only until January 1, 2019, and as of that date is repealed.
(a)There is in the Department of Consumer Affairs a Court Reporters Board of California, which consists of five members, three of whom shall be public members and two of whom shall be holders of certificates issued under this chapter who have been actively engaged as shorthand reporters within this state for at least five years immediately preceding their appointment.
(b)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
(c)Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 2.Section 8005 of the Business and Professions Code is amended to read:8005.(a)The Court Reporters Board of California is charged with the executive functions necessary for effectuating the purposes of this chapter. It may appoint committees as it deems necessary or proper. The board may appoint, prescribe the duties, and fix the salary of an executive officer. Except as provided by Section 159.5, the board may also employ other employees as may be necessary, subject to civil service and other law.
(b)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
(a)There is in the Department of Consumer Affairs a Court Reporters Board of California, which consists of five members, three of whom shall be public members and two of whom shall be holders of certificates issued under this chapter who have been actively engaged as shorthand reporters within this state for at least five years immediately preceding their appointment.
(b)This section shall remain in effect only until January 1, 2017, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date. repealed.
(c)Notwithstanding any other provision of law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 2.Section 8005 of the Business and Professions Code is amended to read:8005.(a)The Court Reporters Board of California is charged with the executive functions necessary for effectuating the purposes of this chapter. It may appoint committees as it deems necessary or proper. The board may appoint, prescribe the duties, and fix the salary of an executive officer. Except as provided by Section 159.5, the board may also employ other employees as may be necessary, subject to civil service and other provisions of law.
(b)This section shall remain in effect only until January 1, 2017, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date. repealed.
|
Date
|
Status
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|---|---|
| Jun 9, 2016 | Referred to Com. on B., P. & E.D. |
| Aug 31, 2016 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 24, 2016 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 62. Noes 12. Page 6245.). |
| Aug 24, 2016 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 19, 2016 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 21 pursuant to Assembly Rule 77. |
| Aug 18, 2016 | Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 8.). |
| Aug 18, 2016 | Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 8. Page 5127.). |
| Aug 18, 2016 | Read third time. Passed. Ordered to the Assembly. |
| Aug 15, 2016 | Read second time and amended. Ordered to third reading. |
| Aug 11, 2016 | From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 11). |
| Aug 1, 2016 | In committee: Referred to APPR. suspense file. |
| Jun 30, 2016 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. |
| Jun 28, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 1.) (June 27). Re-referred to Com. on APPR. |
| Jun 22, 2016 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D. |
| Feb 18, 2016 | Read first time. To print. |
| Jun 1, 2016 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 31, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 80. Noes 0.) |
| May 31, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 80. Noes 0. Page 5029.) |
| May 31, 2016 | Read third time. Passed. Ordered to the Senate. |
| May 27, 2016 | Read second time. Ordered to third reading. |
| May 27, 2016 | From committee: Do pass. (Ayes 20. Noes 0.) (May 27). |
| Apr 27, 2016 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 12, 2016 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 16. Noes 0.) (April 12). Re-referred to Com. on APPR. |
| Apr 7, 2016 | Re-referred to Com. on B. & P. |
| Apr 6, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended. |
| Mar 3, 2016 | Referred to Com. on B. & P. |
| Feb 19, 2016 | From printer. May be heard in committee March 20. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 24, 2016 | AB 2192 SALAS Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 18, 2016 | Assembly 3rd Reading AB2192 Salas By Cannella | Senate Floor |
Passed |
|
| Aug 11, 2016 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 1, 2016 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 27, 2016 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Business, Professions and Economic Development |
Passed |
|
| May 31, 2016 | AB 2192 SALAS Assembly Third Reading | Assembly Floor |
Passed |
|
| May 27, 2016 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 12, 2016 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Business and Professions |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Affordable Housing Advocates | ** Support | Aug 18, 2016 |
| Bet Tzedek Legal Services | ** Support | Aug 18, 2016 |
| California Court Reporters Association | ** Support | Aug 18, 2016 |
| California Rural Legal Assistance Foundation, Inc. | ** Support | Aug 18, 2016 |
| California Women's Law Center | ** Support | Aug 18, 2016 |
| Coalition of California Welfare Rights Organizations | ** Support | Aug 18, 2016 |
| Court Reporters Board | * Support | Jun 27, 2016 |
| Disability Rights California | ** Support | Aug 18, 2016 |
| Family Violence Appellate Project | ** Support | Aug 18, 2016 |
| Impact Fund | ** Support | Aug 18, 2016 |
| Justice and Diversity Center of the State Bar | ** Support | Aug 18, 2016 |
| Legal Aid Association Of California | ** Support | Aug 18, 2016 |
| Legal Aid of Marin | ** Support | Aug 18, 2016 |
| Legal Aid of Sonoma County | ** Support | Aug 18, 2016 |
| Legal Aid Society of Orange County | ** Support | Aug 18, 2016 |
| OneJustice | ** Support | Aug 18, 2016 |
| Public Advocates | ** Support | Aug 18, 2016 |
| Public Counsel | ** Support | Aug 18, 2016 |
| The Court Reporters Board of California | ** Support | Jun 27, 2016 |
| Western Center On Law And Poverty Inc. | * Support | Jun 27, 2016 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 2192
Author:(Salas)
As Amended Ver:August 15, 2016
2/3 vote
ASSEMBLY: | 80-0 | (May 31, 2016) | SENATE: | 30-8 | (August 18, 2016) |
Original Committee Reference: B. & P.
SUMMARY: Extends to January 1, 2020, the provisions establishing the Court Reporters Board (CRB), its executive officer, the Transcript Reimbursement Fund (TRF), and raises the statutory fee limit for the license renewal fee, as recommended by the legislative sunset review committee. This bill also requires the CRB to report, by November 1, 2018, on the fund condition, among other things, of the TRF and the Court Reporter Fund. Specifically, this bill:
- Extends the sunset date for the CRB to January 1, 2020; and,
- Extends the sunset date for its Executive Officer (EO) to January 1, 2020.
The Senate amendments:
- Extend the sunset date for the TRF to January 1, 2020;
- Recast the Pro Per Pilot Project as a permanent part of the TRF;
- Raise the expenditure limit of the Pro Per Pilot Project from $30,000 to $75,000;
- Require the CRB to report to the Legislature by November 1, 2018, specified details of the TRF and the Court Reporter Fund, as follows:
- Expenditures and claims relating to the TRF and the Court Reporter Fund, including the initial balance of the TRF as of January 1, 2017;
- Funds received, including the amount of, and reason for, any refunds;
- Claims received, including the type of case, court involved, service for which reimbursement was sought, amount paid, and amount denied, if any, and the reason for denial;
- Efforts to publicize the availability of the funds in the TRF to prospective applicants.
- Administrative fees;
- An analysis of the condition of the TRF, including a five-year projection of its fiscal solvency based on the licensee fee level for those years;
- Whether the amount transferred annually to the TRF is sufficient to maintain the fund at a level that is sufficient to pay all qualified claims;
- If the amount transferred annually is not sufficient to pay all qualified claims, the CRB must investigate and recommend alternative sources of funding, if any; and,
- If the amount transferred annually is not sufficient to pay all qualified claims, the CRB must investigate and recommend alternate sources of funding, if any.
- Raise the statutory limit for the license renewal fee from $125 to $250.
FISCAL EFFECT: According to the Senate Appropriations Committee, this bill will result in:
- Ongoing costs of $1.2 million per year for the continued operation of the CRB (Court Reporters Fund). Operations of the CRB are fully funded with license fee revenues.
- Ongoing costs of $100,000 to $300,000 per year for the continued operation of the TRF. This fund is supported by transfers from the Court Reporters Fund. Current law requires $300,000 to be transferred annually for the purposes of the fund. However, in the budget year, only $100,000 in expenditures is projected.
- Increased fee revenues of about $870,000 per year due to the increase in the renewal fee from $125 to $250 (Court Reporters Fund).
COMMENTS:
Background. Court reporters are highly trained professionals who stenographically preserve the words spoken in a wide variety of official legal settings such as court hearings, trials, and other pretrial litigation-related proceedings, namely depositions. Court reporters work in courtrooms as official reporters or in the private sector as freelance reporters who provide deposition services. These transcripts, which include testimony given under oath, are relied upon by the consumer as an accurate source of information. The CRB carries out its mission by testing, licensing and disciplining court reporters, who use the title CSR, and by recognizing the schools of court reporting that meet state curriculum standards.
In California, a person must be licensed to work as a court reporter in state courts (official reporter) or to act as a deposition officer (freelance reporter). Freelance reporters provide services as individual contractors or through court reporting firms. There are approximately 6,800 licensed court reporters in California, of which approximately 5,800 work independently or for court reporting agencies, and approximately 750 to 1,000 work as employees of the state court system.
Joint Oversight Hearings and Sunset Review of Department of Consumer Affairs (DCA) Licensing Boards. In March of 2016, the Assembly Business and Professions Committee and the Senate Business, Professions and Economic Development Committee (Committees) conducted multiple joint oversight hearings to review 11 regulatory boards within the DCA and one regulatory entity outside of the DCA. The sunset bills are intended to implement legislative changes recommended in the respective background reports drafted by the Committees for the agencies reviewed this year. During the sunset review hearings, the Committees take public testimony and evaluate the eligible agency prior to the date the agency is scheduled to be repealed. An eligible agency is allowed to sunset unless the Legislature enacts a law to extend, consolidate, or reorganize the eligible agency.
In the Committee's background paper on the CRB, issues were raised regarding the CRB's ability to maintain long-term fiscal solvency, administer the TRF, and enforce court reporting statutes against foreign court reporting corporations.
Statutory Fee Limit. The CRB's license fee reached the statutory limit of $125 in July 2010. This fee cap has not changed since the CRB was established in 1951 and is no longer viable today. As such, the CRB is facing a structural deficit, which will lead to a decreasing reserve of 4.7 months at the end of Fiscal Year 2016-17. While there is no statutory mandatory reserve level for the CRB, the TRF cannot be funded when the CRB reaches less than six months of operating expenses in reserve. In addition, the DCA Budget Office has historically recommended that smaller programs maintain a contingency fund slightly above the standard three to six months of reserve.
TRF Sunset. In 1981, the legislature created the TRF to fund payment of court transcripts for indigent litigants in civil matters. By law, a minimum of $300,000 of the CRB's total revenue must go to the TRF annually on July 1. The TRF is scheduled to be repealed on January 1, 2017, at which time all unencumbered funds remaining in the TRF, as of that date, will be transferred to the Court Reporters Fund. The TRF consists of the Pro Bono program and the Pro Per program that differ in who may apply and how much monetary assistance is available to individual cases and all cases overall. The total amount of annual funding for the Pro Per program is $30,000, which is quickly exhausted each year as there are enough unpaid claims at the end of the year to appropriate the full $30,000 at the beginning of the next year, creating an ever-growing backlog of applications. The remaining $270,000 in the TRF is allocated to the Pro Bono program. This program runs on a fiscal year basis and typically does not expend the full amount.
This bill extends the operation of the CRB, its executive officer, and the TRF by three years and raises the renewal fee cap from $125 to $250.
Analysis Prepared by: Gabby Nepomuceno / B. & P. / (916) 319-3301 FN: 0004746
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 2192
:
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 7-1, 6/27/16
AYES: Hill, Block, Gaines, Galgiani, Hernandez, Jackson, Mendoza
NOES: Bates
NO VOTE RECORDED: Wieckowski
SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/11/16
AYES: Lara, Beall, Hill, McGuire, Mendoza
NOES: Bates, Nielsen
ASSEMBLY FLOOR: 80-0, 5/31/16 - See last page for vote
DIGEST: This bill extends the regulatory authority of the Court Reporters Board of California (CRB or Board) and its authority to appoint an executive officer (EO) until January 1, 2020; and extends the sunset date for the Transcription Reimbursement Fund to January 1, 2020.
Existing law:
- Establishes the CRB within the Department of Consumer Affairs (DCA); specifies that the CRB consists of three public members and two certified shorthand reporters (CSRs); extends the operation of the CRB until January 1, 2017; and, subjects the CRB to review by the appropriate policy committees of the Legislature. (Business and Professions Code (BPC) § 8000 et seq.)
- Provides that the CRB may appoint, prescribe the duties, and fix the salary of an EO and extends the operation of the EO until January 1, 2017.
(BPC § 8005) - Authorizes the CRB to administer the Transcript Reimbursement Fund (TRF). (BPC Section 8008(g))
- Defines the practice of shorthand reporting as the making, by means of written symbols or abbreviations in shorthand or machine shorthand writing, of a verbatim record of any oral court proceeding, deposition, court ordered hearing or arbitration, or proceeding before any grand jury, referee, or court commissioner and the accurate transcription thereof. (BPC § 8017)
- Defines a “CSR” as a person who holds a valid certificate as a shorthand reporter, provides that no other person, firm, or corporation may assume or use the title “CSR”. (BPC § 8018)
- Requires all fees and revenue collected by the CRB to be reported to the State Controller and be deposited with the State Treasurer to be placed in the Court Reporters’ Fund, which fund is continued in existence in the State Treasury and is appropriated. (BPC § 8030)
This bill:
- Extends the sunset date for the CRB to January 1, 2020.
- Extends the sunset date for its EO to January 1, 2020.
- Reauthorizes the Board to use existing resources to undertake efforts to publicize the availability of the TRF to prospective applicants through appropriate entities serving these applicants, including the State Bar of California, the California Commission on Access to Justice, and the Legal Aid Association of California.
- Authorizes the CRB to transfer funds in increments of $100,000 of the $300,000 allocated for the TRF.
- Establishes the Pro Se Program as a permanent program within the TRF and increases the amount of money disbursed to the Pro Se Program, within the annual $300,000 TRF amount, from $30,000 to $75,000.
- Extends the TRF Sunset date to January 1, 2020.
- Requires that each reimbursement for all applicants appearing pro se not exceed $1,500 per case.
- Requires the CRB to prepare and submit to the Legislature, on or before November 1, 2018, a report on the condition of the Court Reporters’ Fund, the condition of the TRF Fund, and alternative funding sources to cover the costs associated with transcripts provided indigent litigants, including, but not limited to, shorthand reporting services, such as transcript processing.
- Raises the renewal fee limit to be assessed by the CRB from $125 to $250.
Background
According to the author, “AB 2192 extends the sunset date of the Court Reporters Board of California from January 1, 2017 to January 1, 2020. Without a sunset extension, the Board will lose its statutory authority to license and regulate court reporters. Additionally, AB 2192 extends and reforms the Transcript Reimbursement Fund, which makes transcript services available to indigent litigants who would otherwise not have access to them.”
Financial Solvency. The CRB’s license fee reached the statutory limit of $125 in July 2010. This fee cap has not changed since the CRB was established in 1951 and is no longer viable today. As such, the CRB is facing a structural deficit, which will lead to a decreasing reserve of 4.7 months at the end of Fiscal Year 2016-17. Last year, the CRB attempted to secure an author for a bill to raise the fee cap to $250, but was unsuccessful.
While there is no statutory mandatory reserve level for the Board, the TRF cannot be funded when the Board reaches less than six months of operating expenses in reserve. In addition, the DCA Budget Office has historically recommended that smaller programs maintain a contingency fund slightly above the standard three to six months of reserve. Maintaining an adequate reserve provides for a reasonable contingency fund so that the Board has the fiscal resources to absorb any unforeseen costs, such as costly enforcement actions or other unexpected client service costs.
Transcript Reimbursement Fund. In 1981, the profession initiated legislation that created the TRF to fund payment of court transcripts for indigent litigants in civil matters. By law, a minimum of $300,000 of the Board's total revenue must go to the TRF annually on July 1. The TRF consists of the Pro Bono program and the Pro Per program that differ in who may apply and how much monetary assistance is available to individual cases and all cases overall. The total amount of annual funding for the Pro Per program is $30,000, which is quickly exhausted each year as there are enough unpaid claims at the end of the year to appropriate the full $30,000 at the beginning of the next year, creating an ever-growing backlog of applications. The remaining $270,000 in the TRF is allocated to the Pro Bono program. This program runs on a fiscal year basis and typically does not expend the full amount.
Since its inception in 1981, the TRF has had a sunset date, which the Legislature has continued to extend. The TRF is currently scheduled to be repealed on January 1, 2017, and unless legislation is passed extending that date, all unencumbered funds remaining in the TRF, as of that date, will be transferred to the Court Reporters Fund. The Pro Per program began as a pilot project to expand the TRF for more indigent litigants. This project is also scheduled to be repealed on January 1, 2017, unless legislation extends that date.
Given the high demand for transcript reimbursements, the author believes a report will provide insight into how to better serve indigent litigants and maintain a financially solvent TRF account.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee, this bill will incur ongoing costs for the continued operation of the CRB, ongoing costs for the continued operation of the TRF, and an increase in fee revenues from the fee increase.
Affordable Housing Advocates
Bet Tzedek Legal Services
California Court Reporters Association
California Rural legal Assistance Foundation
California Women’s Law Center
Coalition of California Welfare Rights Organizations
Court Reporters Board of California
Disability Rights California
Family Violence Appellate Project
Impact Fund
Justice and Diversity Center of the State Bar
Legal Aid Association of California
Legal Aid of Marin
Legal Aid of Sonoma County
Legal Aid Society of Orange County
OneJustice
Public Advocates
Public Counsel
Western Center for Law and Poverty
OPPOSITION: (Verified 8/11/16)
None received
ARGUMENTS IN SUPPORT: The CRB writes in support of this bill, noting that “Court reporters play an essential role in our judicial system as a neutral third party who creates verbatim transcripts of proceedings in a timely fashion, thus ensuring the appeal rights of all litigants. Under the watchful eye of the Board, court reporters do their best, and, should any fall short, the Board is available to step in and correct the issue and work to ensure it does not happen again.”
ASSEMBLY FLOOR: 80-0, 5/31/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
8/15/16 20:10:16
SENATE COMMITTEE ON
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 2192 (Salas) - Court Reporters Board of California: Shorthand reporters fees: Transcript Reimbursement Fund
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on August 11, 2016
Bill Summary:
AB 2192 would extend the operation of the Court Reporters Board until January 1, 2020. The bill would increase the license renewal fee for court reporters to $250.
Fiscal Impact:
- Ongoing costs of $1.2 million per year for the continued operation of the Court Reporters Board (Court Reporters Fund). Operations of the Board are fully funded with license fee revenues.
- Ongoing costs of $100,000 to $300,000 per year for the continued operation of the Transcript Reimbursement Fund. This fund is supported by transfers from the Court Reporters Fund. Current law requires $300,000 to be transferred annually for the purposes of the fund. However, in the budget year, only $100,000 in expenditures is projected.
- Increased fee revenues of about $870,000 per year due to the increase in the renewal fee from $125 to $250 (Court Reporters Fund).
Author Amendments:
Make change to the reporting requirement in the bill.
-- END --
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 2192 (Salas) - Court Reporters Board of California: Shorthand reporters fees: Transcript Reimbursement Fund
Version: June 30, 2016 | Policy Vote: B., P. & E.D. 7 - 1 |
Urgency: No | Mandate: No |
Hearing Date: August 1, 2016 | Consultant: Brendan McCarthy |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
AB 2192 would extend the operation of the Court Reporters Board until January 1, 2020. The bill would increase the license renewal fee for court reporters to $250.
Fiscal Impact:
- Ongoing costs of $1.2 million per year for the continued operation of the Court Reporters Board (Court Reporters Fund). Operations of the Board are fully funded with license fee revenues.
- Ongoing costs of $100,000 to $300,000 per year for the continued operation of the Transcript Reimbursement Fund. This fund is supported by transfers from the Court Reporters Fund. Current law requires $300,000 to be transferred annually for the purposes of the fund. However, in the budget year, only $100,000 in expenditures is projected.
- Increased fee revenues of about $870,000 per year due to the increase in the renewal fee from $125 to $250 (Court Reporters Fund).
Background:
Under current law, the Court Reporters Board licenses court reporters. Court reporters work in state courts (official reporters) and act as deposition recorders (freelance reporters). The Board licenses about 6,800 court reporters. Current law sets the license renewal fee at $125.
Under current law, the Board is required to transfer $300,000 per year from the Court Reporters Fund (the main special fund supporting the Board’s operations) to the Transcript Reimbursement Fund. The Transcript Reimbursement Fund is used to pay for the costs of providing free transcripts of court proceedings for indigent litigants.
Current law sunsets the operation of the Court Reporters Board on January 1, 2017. Current law requires any unencumbered funds remaining in the Transcript Reimbursement Fund to be transferred back to the Court Reporters Fund on January 1, 2017.
Proposed Law:
AB 2192 would extend the operation of the Court Reporters Board until January 1, 2020. The bill would increase the license renewal fee for court reporters to $250.
Specific provisions of the bill would:
- Extend the operation of the Court Reporters Board and the Board’s authority to appoint an executive officer until January 1, 2020;
- Authorize the Board to transfer funds from the Court Reporters Fund to the Transcript Reimbursement Fund in $100,000 increments (of the $300,000 total amount required to be transferred);
- Increase the maximum amount of funding that is available to “pro se” applicants (indigent litigants representing themselves in court) from $30,000 per year to $75,000;
- Extend the operation of the Transcript Reimbursement Fund program until January 1, 2020;
- Require the Board to submit a report to the Legislature by November 1, 2018 on the condition of the Court Reporters Fund and the Transcript Reimbursement Fund, with specified information on revenues, expenditures, and other issues;
- Increase the license renewal fee from $125 to $250.
Related Legislation:
This bill is one of several sunset review bills authored by the chairs of the Senate and Assembly Business and Professions Committees to review and extend the operation of licensing boards and bureaus within the Department of Consumer Affairs.
Staff Comments:
The Court Reporters Fund has a structural deficit. Revenues in the current year are projected to be about $930,000 whereas expenditures are projected to be about $1.2 million. The balance in the Court Reporters Fund has declined in current years and will not be able to support the operation of the Board at current expenditure levels in future years.
Current law requires license fee revenues to be transferred from the Court Reporters Fund to the Transcript Reimbursement Fund. Because this bill would increase renewal fees paid by licensees and the operation of the Transcript Reimbursement Fund is not related to the licensing or enforcement of licensing requirements on court reporters, this bill will result in a tax increase.
-- END --
SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Jerry Hill, Chair
2015 - 2016 Regular
Bill No: Hearing Date: June 27, 2016
Author: | |||
Version: | June 22, 2016 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Mark Mendoza | ||
Subject:
SUMMARY:
Extends the regulatory authority of the Court Reporters Board of California (CRB or Board) and its authority to appoint an executive officer (EO) until January 1, 2020; extends the sunset date for the Transcription Reimbursement Fund to January 1, 2019.
Existing law:
- Establishes the CRB within the Department of Consumer Affairs (DCA); specifies that the CRB consists of three public members and two certified shorthand reporters (CSRs); extends the operation of the CRB until January 1, 2017; and, subjects the CRB to review by the appropriate policy committees of the Legislature. (Business and Professions Code (BPC) § 8000 et seq.)
- Provides that the CRB may appoint, prescribe the duties, and fix the salary of an EO and extends the operation of the EO until January 1, 2017. (BPC § 8005)
- Authorizes the CRB to administer the Transcript Reimbursement Fund (TRF). (BPC Section 8008(g))
- Defines the practice of shorthand reporting as the making, by means of written symbols or abbreviations in shorthand or machine shorthand writing, of a verbatim record of any oral court proceeding, deposition, court ordered hearing or arbitration, or proceeding before any grand jury, referee, or court commissioner and the accurate transcription thereof. (BPC § 8017)
- Defines a “CSR” as a person who holds a valid certificate as a shorthand reporter, provides that no other person, firm, or corporation may assume or use the title “CSR”. (BPC § 8018)
- Requires all fees and revenue collected by the CRB to be reported to the State Controller and be deposited with the State Treasurer to be placed in the Court Reporters’ Fund, which fund is continued in existence in the State Treasury and is appropriated. (BPC § 8030)
This bill:
- Extends the sunset date for the CRB to January 1, 2020.
- Extends the sunset date for its EO to January 1, 2020.
- Reauthorizes the Board to use existing resources to undertake efforts to publicize the availability of the Transcript Reimbursement Fund to prospective applicants through appropriate entities serving these applicants, including the State Bar of California, the California Commission on Access to Justice, and the Legal Aid Association of California.
- Authorizes the CRB to transfer funds in increments of $100,000 of the $300,000 allocated for the TRF.
- Establishes the Pro Se Program as a permanent program within the TRF.
- Extends the TRF Sunset date to January 1, 2019.
- Requires a vexatious litigant be ineligible to receive funds from the TRF, as specified.
- Increases the amount of money disbursed to the Pro Se Program, within the annual $300,000 TRF amount, from $30,000 to $75,000.
- Requires that each reimbursement for all applicants appearing pro se not exceed $1,500 per case.
- Requires the CRB to prepare and submit to the Legislature, on or before January 1, 2019, a report on the condition of the Court Reporters’ Fund, the condition of the TRF Fund, and alternative funding sources to cover the costs associated with transcripts provided indigent litigants, including, but not limited to, shorthand reporting services, such as transcript processing. Specifically, the report shall include:
- Expenditures and claims relating to this article, including the initial fund balance as of January 1, 2017.
- Funds received, including the amount of, and reason for, any refunds.
- Claims received, including the type of case, court involved, service for which reimbursement was sought, amount paid, and amount denied, if any, and the reason for denial.
- Efforts to publicize the availability of the funds in the TRF to prospective applicants.
- Administrative fees.
- An analysis of the fund condition of the Transcript Reimbursement Fund including a five-year projection of its fiscal solvency based on the licensee fee level for those years.
- Whether the amount transferred annually to the TRF is sufficient to maintain the fund at a level that is sufficient to pay all qualified claims.
- If the amount transferred annually is not sufficient to maintain the fund at a level sufficient to pay all qualified claims, the board shall recommend a level that would be sufficient.
- If the amount transferred annually is not sufficient to pay all qualified claims, the board shall recommend an alternative source of funding that does not exceed more than 25 percent of an individual licensee’s renewal fee.
- Makes other technical and conforming changes.
FISCAL EFFECT: This bill has been keyed “fiscal” by Legislative Counsel. According to the April 27, 2016 Assembly Appropriations Committee analysis, this bill has on-going Special Fund costs of approximately $1.0 million (Court Reporters Fund) to extend the Board beyond the January 1, 2017, sunset date. This fund is self-supporting with fee revenue.
COMMENTS:
- Purpose. The Author is the sponsor of the bill. According to the Author,
“AB 2192 extends the sunset date of the Court Reporters Board of California from January 1, 2017 to January 1, 2020. Without a sunset extension, the Board will lose its statutory authority to license and regulate court reporters. Additionally,
AB 2192 extends and reforms the Transcript Reimbursement Fund, which makes transcript services available to indigent litigants who would otherwise not have access to them.” - Oversight Hearings and Sunset Review of Licensing Boards and Programs. Beginning in 2016, the Senate Business and Professions Committee and the Assembly Business and Professions Committee (Committees) conducted joint oversight hearings to review 12 regulatory entities: DCA, Acupuncture Board, Board of Behavioral Sciences, California Massage Therapy Association, Court Reporters Board, Board of Pharmacy, Physician Assistant Board, Board of Podiatric Medicine, Bureau of Private Postsecondary Education, Board of Psychology, Bureau of Real Estate, Bureau of Real Estate Appraisers, and Veterinary Medical Board.
The Committees conducted two hearings in March and joined with the Senate Committee on Education and Assembly Committee on Higher Education to review Bureau of Private Postsecondary Education. This bill and the accompanying sunset bills are intended to implement legislative changes as recommended by staff of the Committees and which are reflected in the background papers prepared by Committee staff for each agency and program reviewed this year.
- Financial Solvency. The CRB’s license fee reached the statutory limit of $125 in July 2010. This fee cap has not changed since the CRB was established in 1951 and is no longer viable today. As such, the CRB is facing a structural deficit, which will lead to a decreasing reserve of 4.7 months at the end of Fiscal Year 2016-17. Last year, the CRB attempted to secure an author for a bill to raise the fee cap to $250, but was unsuccessful.
While there is no statutory mandatory reserve level for the Board, the TRF cannot be funded when the Board reaches less than six months of operating expenses in reserve. In addition, the DCA Budget Office has historically recommended that smaller programs maintain a contingency fund slightly above the standard three to six months of reserve. Maintaining an adequate reserve provides for a reasonable contingency fund so that the Board has the fiscal resources to absorb any unforeseen costs, such as costly enforcement actions or other unexpected client service costs.
- Transcript Reimbursement Fund. In 1981, the profession initiated legislation that created the TRF to fund payment of court transcripts for indigent litigants in civil matters. By law, a minimum of $300,000 of the Board's total revenue must go to the TRF annually on July 1. The TRF consists of the Pro Bono program and the Pro Per program that differ in who may apply and how much monetary assistance is available to individual cases and all cases overall. The total amount of annual funding for the Pro Per program is $30,000, which is quickly exhausted each year as there are enough unpaid claims at the end of the year to appropriate the full $30,000 at the beginning of the next year, creating an ever-growing backlog of applications. The remaining $270,000 in the TRF is allocated to the Pro Bono program. This program runs on a fiscal year basis and typically does not expend the full amount.
Since its inception in 1981, the TRF has had a sunset date, which the Legislature has continued to extend. The TRF is currently scheduled to be repealed on January 1, 2017, and unless legislation is passed extending that date, all unencumbered funds remaining in the TRF, as of that date, will be transferred to the Court Reporters Fund. The Pro Per program began as a pilot project to expand the TRF for more indigent litigants. This project is also scheduled to be repealed on January 1, 2017, unless legislation extends that date.
Given the high demand for transcript reimbursements, the Author believes a report will provide insight into how to better serve indigent litigants and maintain a financially solvent TRF account.
- Arguments in Support. The Court Reporters Board of California writes in support that “Court reporters play an essential role in our judicial system as a neutral third party who creates verbatim transcripts of proceedings in a timely fashion, thus ensuring the appeal rights of all litigants. Under the watchful eye of the Board, court reporters do their best, and, should any fall short, the Board is available to step in and correct the issue and work to ensure it does not happen again.”
SUPPORT AND OPPOSITION:
Support:
The Court Reporters Board of California
Opposition:
None on file as of June 21, 2016.
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 2192
Author:(Salas)
As Amended Ver:April 6, 2016
Majority vote
Committee | Votes | Ayes | Noes |
Business & Professions | 16-0 | Salas, Brough, Baker, Bloom, Campos, Chávez, Dahle, Dodd, Eggman, Gatto, Gomez, Holden, Jones, Mullin, Ting, Wood | |
Appropriations | 20-0 | Gonzalez, Bigelow, Bloom, Bonilla, Bonta, Calderon, Chang, Daly, Eggman, Gallagher, Eduardo Garcia, Roger Hernández, Holden, Jones, Obernolte, Quirk, Santiago, Wagner, Weber, Wood |
|
SUMMARY: In March of 2016, the Assembly Committee on Business and Professions and the Senate Committee on Business, Professions and Economic Development (Committees) conducted multiple joint oversight hearings to review 11 regulatory boards within the Department of Consumer Affairs, including the Court Reporters Board (CRB). This bill extends to January 1, 2021, the provisions establishing the Board, as recommended by the legislative sunset review committee. Specifically, this bill:
1) Extends the sunset date for the CRB to January 1, 2021.
2) Extends the sunset date for its Executive Officer (EO) to January 1, 2021.
FISCAL EFFECT: According the Assembly Appropriations Committee, this bill will result in on-going annual Special Fund costs of approximately $1.0 million (Court Reporters Fund) to extend the Board beyond the January 1, 2017, sunset date. This fund is self-supporting with fee revenue.
COMMENTS:
Purpose. In March of 2016, the Assembly Business and Professions Committee and the Senate Business, Professions and Economic Development Committee conducted multiple joint oversight hearings to review 11 regulatory boards within the Department of Consumer Affairs (DCA). The Board is due to sunset January 1, 2017, and was among the boards under review. This bill extends to January 1, 2021, the provisions establishing the Board, as recommended by the legislative sunset review committee.
Background. Court reporters are highly trained professionals who stenographically preserve the words spoken in a wide variety of official legal settings such as court hearings, trials, and other pretrial litigation-related proceedings, namely depositions. Court reporters work in courtrooms as official reporters or in the private sector as freelance reporters who provide deposition services. These transcripts, which include testimony given under oath, are relied upon by the consumer as an accurate source of information. The CRB carries out its mission by testing, licensing and disciplining court reporters, who use the title certified shorthand reporter (CSR), and by recognizing the schools of court reporting that meet state curriculum standards.
In California, a person must be licensed to work as a court reporter in state courts (official reporter) or to act as a deposition officer (freelance reporter). Freelance reporters provide services as individual contractors or through court reporting firms. There are approximately 6,800 licensed court reporters in California, of which approximately 5,800 work independently or for court reporting agencies, and approximately 750 to 1,000 work as employees of the state court system.
Joint Oversight Hearings and Sunset Review of DCA Licensing Boards. In March of 2016, the Committees conducted multiple joint oversight hearings to review 11 regulatory boards within the DCA and one regulatory entity outside of the DCA. The sunset bills are intended to implement legislative changes recommended in the respective background reports drafted by the Committees for the agencies reviewed this year. During the sunset review hearings, the Committees take public testimony and evaluate the eligible agency prior to the date the agency is scheduled to be repealed. An eligible agency is allowed to sunset unless the Legislature enacts a law to extend, consolidate, or reorganize the eligible agency.
In the Committee's background paper on the CRB, issues were raised regarding the CRB's ability to maintain long-term fiscal solvency, administer the Transcript Reimbursement Fund (TRF), and enforce court reporting statutes against foreign court reporting corporations. These issues are not addressed in this bill. The Board will need to continue to focus on its fee structure and the impending sunset of the TRF.
Statutory Fee Limit. The Board's license fee reached the statutory limit of $125 in July 2010. This fee cap has not changed since the Board was established in 1951 and is no longer viable today. As such, the Board is facing a structural deficit, which will lead to a decreasing reserve of 4.7 months at the end of Fiscal Year 2016-17. While there is no statutory mandatory reserve level for the Board, the TRF cannot be funded when the Board reaches less than six months of operating expenses in reserve. In addition, the DCA Budget Office has historically recommended that smaller programs maintain a contingency fund slightly above the standard three to six months of reserve.
TRF Sunset. In 1981, the legislature created the TRF to fund payment of court transcripts for indigent litigants in civil matters. By law, a minimum of $300,000 of the Board's total revenue must go to the TRF annually on July 1. The TRF is scheduled to be repealed on January 1, 2017, at which time all unencumbered funds remaining in the TRF, as of that date, will be transferred to the Court Reporters Fund. The TRF consists of the Pro Bono program and the Pro Per program that differ in who may apply and how much monetary assistance is available to individual cases and all cases overall. The total amount of annual funding for the Pro Per program is $30,000, which is quickly exhausted each year as there are enough unpaid claims at the end of the year to appropriate the full $30,000 at the beginning of the next year, creating an ever-growing backlog of applications. The remaining $270,000 in the TRF is allocated to the Pro Bono program. This program runs on a fiscal year basis and typically does not expend the full amount.
Foreign Court Reporting Corporations. According to the Board, foreign corporations offering court reporting services are operating in California without authorization. AB 1461 (Ruskin) of 2009 sought to clarify that in addition to corporations, a firm, partnership, sole proprietorship or other business entity providing or arranging for shorthand reporting services (any entity offering or providing the services of a shorthand reporter) was barred from doing or failing to do any act that constitutes unprofessional conduct under any statute, rule or regulation, as specified. That bill died in the Assembly Committee on Appropriations. SB 270 (Mendoza) of the current legislative session attempts to address this issue but has been met with heavy opposition from foreign court reporting corporations. These corporations do not believe they are subject to the provisions outlined in Moscone-Knox Professional Corporations Act (Corporations Code Section 13400, et seq.) because they are not professional corporations that offer professional services. Instead these corporations believe they only contract for professional services, and are therefore exempt from rules that would otherwise apply to professional corporations and licensees.
Current Related Legislation. SB 270 (Mendoza) of the current legislative session seeks to clarify the CRB's authority over foreign professional corporations and increase penalties for violations of law, the author proposed amendments that would instead require these corporations to register with the Board. NOTE: This bill is currently pending in the Assembly Business and Professions Committee.
Analysis Prepared by: Gabby Nepomuceno / B. & P. / (916) 319-3301 FN: 0003191
Date of Hearing: April 27, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
ABPCA Bill Id:AB 2192
Author:(Salas) – As Amended Ver:April 6, 2016
Policy Committee: | Business and Professions | Vote: | 16 - 0 |
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill extends the sunset date of the Court Reporters Board of California (Board), within the Department of Consumer Affairs, and its authority to appoint an executive officer (EO) until January 1, 2021.
FISCAL EFFECT:
On-going annual Special Fund costs of approximately $1.0 million (Court Reporters Fund) to extend the Board beyond the January 1, 2017, sunset date. This fund is self-supporting with fee revenue.
COMMENTS:
- Purpose. In March of 2016, the Assembly Business and Professions Committee and the Senate Business, Professions and Economic Development Committee conducted multiple joint oversight hearings to review 11 regulatory boards within the DCA. The Board is due to sunset January 1, 2017, and was among the boards under review. This bill extends to January 1, 2021, the provisions establishing the Board, as recommended by the legislative sunset review committee.
- Background. Established in 1951 by the Legislature, the Certified Shorthand Reporters Board, now known as the Court Reporters Board of California, tests, licenses, regulates, investigates and disciplines members of the court reporting profession. Court reporters are trained professional stenographers who preserve the words spoken in a wide variety of official legal settings. Court reporters work in courtrooms as official reporters or in the private sector as freelance reporters who provide deposition services. Transcripts, which include testimony given under oath, are relied upon by the consumer as an accurate source of information.
In California, a person must be licensed to work as a court reporter in state courts (official reporter) or to act as a deposition officer (freelance reporter). Freelance reporters provide services as individual contractors or through court reporting firms.
There are approximately 6,800 licensed court reporters in California, of which approximately 5,800 work independently or for court reporting agencies, and approximately 750 to 1,000 work as employees of the state court system. The initial license fee is $125 or half that amount, prorated according to the last day of the birth month of the applicant. Thereafter, the annual renewal fee on the licensee’s birth month is $125. In FY 2014-15 the Board issued 96 licenses and 6,864 renewals.
The Board's annual operating budget was $978,000 in FY 2014-15. Of that, each year by statute, $300,000 is assigned to the TRB, a fund designated to reimburse transcript costs incurred by the profession when representing indigent clients. Ninety-one percent of the Board's revenue is from licensing fees, with the remainder from examination fees and payments from fines. The Board receives no General Fund support. The greatest expenditure for the Board is its enforcement program (38%), followed by examinations (30%).
- Sunset Review. In the Committee's background paper on the Board, issues were raised regarding the Board’s ability to maintain long-term fiscal solvency, administer the TRF, and enforce court reporting statutes against foreign court reporting corporations. These issues are not addressed in this bill. The Board will need to continue to focus on its fee structure and the impending sunset of the TRF.
- Statutory Fee Limit. The Board’s license fee reached the statutory limit of $125 in July 2010. This fee cap has not changed since the Board was established in 1951 and is no longer viable today. As such, the Board is facing a structural deficit, which will lead to a decreasing reserve of 4.7 months at the end of Fiscal Year 2016-17. This issue remains unaddressed.
- TRF Sunset. In 1981, the legislature created the TRF to fund payment of court transcripts for indigent litigants in civil matters. By law, a minimum of $300,000 of the Board's total revenue must go to the TRF annually on July 1. The TRF is scheduled to be repealed on January 1, 2017, at which time all unencumbered funds remaining in the TRF, as of that date, will be transferred to the Court Reporters Fund.
- Foreign Court Reporting Corporations. According to the Board, foreign corporations offering court reporting services are operating in California without authorization. SB 270 (Mendoza) of 2015 attempts to address this issue but has been met with heavy opposition from foreign court reporting corporations. While the bill initially sought to clarify the Board's authority over foreign professional corporations and increase penalties for violations of law, the author proposed amendments that would instead require these corporations to register with the Board. That bill is under reconsideration in the Assembly Business and Professions Committee.
- Prior Legislation. SB 1236 (Price), Chapter 332, Statutes of 2012, extended the operation of the Board, among other boards and bureaus under the jurisdiction of the DCA, until January 1, 2017.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing:
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Rudy Salas, Chair
ABPCA Bill Id:AB 2192
Author:(Salas) – As Amended Ver:April 6, 2016
SUBJECT: Court Reporters Board of California: personnel.
SUMMARY: Extends the regulatory authority of the Court Reporters Board of California (CRB) and its authority to appoint an executive officer (EO) until January 1, 2021.
EXISTING LAW:
- Establishes the CRB within the Department of Consumer Affairs (DCA); specifies that the CRB consists of three public members and two certified shorthand reporters (CSRs); extends the operation of the CRB until January 1, 2017; and, subjects the CRB to review by the appropriate policy committees of the Legislature. (Business and Professions Code (BPC) Section 8000 et seq.)
- Authorizes the CRB to adopt rules and regulations as necessary to administer and enforce the provisions of the CRB licensing acts, and requires the adoption, amendment or repeal of those rules and regulations to be made in accordance with Administrative Regulations and Rulemaking as specified in Government Code Sections 11340, et seq.)
- Defines a “CSR” as a person who holds a valid certificate as a shorthand reporter, provides that no other person, firm, or corporation may assume or use the title “CSR”. (BPC Section 8018)
- Provides that the CRB may appoint, prescribe the duties, and fix the salary of an EO and extends the operation of the EO until January 1, 2017. (BPC Section 8005)
- Defines the practice of shorthand reporting as the making, by means of written symbols or abbreviations in shorthand or machine shorthand writing, of a verbatim record of any oral court proceeding, deposition, court ordered hearing or arbitration, or proceeding before any grand jury, referee, or court commissioner and the accurate transcription thereof. (BPC Section 8017)
- Requires all fees and revenue collected by the CRB to be reported to the State Controller and shall be deposited with the State Treasurer to be placed in the Court Reporters’ Fund, which fund is continued in existence in the State Treasury and is appropriated. (BPC Section 8030)
- Authorizes the CRB to administer the Transcript Reimbursement Fund (TRF). (BPC Section 8008(g))
THIS BILL:
- Extends the sunset date for the Court Reporters Board of California (CRB) to January 1, 2021.
- Extends the sunset date for its EO to January 1, 2021.
FISCAL EFFECT: Unknown. This bill is keyed fiscal by the Legislative Counsel.
COMMENTS:
Purpose. Unless legislation is carried this year to extend the sunset dates for the CRB and its EO, they will be repealed on January 1, 2017.
The Court Reporters Board of California. Court reporters are highly trained professionals who stenographically preserve the words spoken in a wide variety of official legal settings such as court hearings, trials, and other pretrial litigation-related proceedings, namely depositions. Court reporters work in courtrooms as official reporters or in the private sector as freelance reporters who provide deposition services. These transcripts, which include testimony given under oath, are relied upon by the consumer as an accurate source of information. The CRB carries out its mission by testing, licensing and disciplining court reporters, who use the title CSR, and by recognizing the schools of court reporting that meet state curriculum standards.
In California, a person must be licensed to work as a court reporter in state courts (official reporter) or to act as a deposition officer (freelance reporter). Freelance reporters provide services as individual contractors or through court reporting firms.
Joint Oversight Hearings and Sunset Review of DCA Licensing Boards. In March of 2016, the Assembly Business and Professions Committee and the Senate Business, Professions and Economic Development Committee (Committees) conducted multiple joint oversight hearings to review 11 regulatory boards within the DCA and one regulatory entity outside of the DCA. The sunset bills are intended to implement legislative changes recommended in the respective background reports drafted by the Committees for the agencies reviewed this year.
The Sunset Review Process. The sunset review process provides a formal mechanism for the DCA; the Legislature; the regulatory boards, bureaus and committees; interested parties; and stakeholders to make recommendations for improvements to the authority of consumer protection boards and bureaus. This is performed on a standard four-year cycle and was mandated by SB 2036 (McCorquodale), Chapter 908, Statutes of 1994. Each eligible agency is required to submit to the Committees a report covering the entire period since last reviewed that includes, among other things, the purpose and necessity of the agency and any recommendations of the agency for changes or reorganization in order to better fulfill its purpose. During the sunset review hearings, the Committees take public testimony and evaluate the eligible agency prior to the date the agency is scheduled to be repealed. An eligible agency is allowed to sunset unless the Legislature enacts a law to extend, consolidate, or reorganize the eligible agency.
In the Committee's background paper on the CRB, issues were raised regarding the CRB’s ability to maintain long-term fiscal solvency, administer the TRF, and enforce court reporting statutes against foreign court reporting corporations.
Financial Solvency. The CRB’s license fee reached the statutory limit of $125 in July 2010. This fee cap has not changed since the CRB was established in 1951 and is no longer viable today. As such, the CRB is facing a structural deficit, which will lead to a decreasing reserve of 4.7 months at the end of Fiscal Year 2016-17. Last year, the CRB attempted to secure an author for a bill to raise the fee cap to $250, but was unsuccessful.
While there is no statutory mandatory reserve level for the Board, the TRF cannot be funded when the Board reaches less than six months of operating expenses in reserve. In addition, the DCA Budget Office has historically recommended that smaller programs maintain a contingency fund slightly above the standard three to six months of reserve. Maintaining an adequate reserve of at least six months provides for a reasonable contingency fund so that the Board has the fiscal resources to absorb any unforeseen costs, such as costly enforcement actions or other unexpected client service costs.
Transcript Reimbursement Fund. In 1981, the profession initiated legislation that created the TRF to fund payment of court transcripts for indigent litigants in civil matters. By law, a minimum of $300,000 of the Board's total revenue must go to the TRF annually on July 1. The TRF consists of the Pro Bono program and the Pro Per program that differ in who may apply and how much monetary assistance is available to individual cases and all cases overall. The total amount of annual funding for the Pro Per program is $30,000, which is quickly exhausted each year as there are enough unpaid claims at the end of the year to appropriate the full $30,000 at the beginning of the next year, creating an ever-growing backlog of applications. The remaining $270,000 in the TRF is allocated to the Pro Bono program. This program runs on a fiscal year basis and typically does not expend the full amount.
Since its inception in 1981, the TRF has had a sunset date, which the Legislature has continued to extend. The TRF is currently scheduled to be repealed on January 1, 2017, and unless legislation is passed extending that date, all unencumbered funds remaining in the TRF, as of that date, will be transferred to the Court Reporters Fund. The Pro Per program began as a pilot project to expand the TRF for more indigent litigants. This project is also scheduled to be repealed on January 1, 2017, unless legislation extends that date.
Foreign Court Reporting Corporations. According to the CRB, foreign corporations are offering court reporting services are operating in California without authorization. AB 1461 (Ruskin), of 2009 sought to clarify that in addition to corporations, a firm, partnership, sole proprietorship or other business entity providing or arranging for shorthand reporting services (any entity offering or providing the services of a shorthand reporter) was barred from doing or failing to do any act that constitutes unprofessional conduct under any statute, rule or regulation, as specified. The bill died in the Assembly Appropriations Committee.
In 2010, the Board received a complaint that U.S. Legal, a Texas-based corporation, was violating gift-giving provisions under CRB regulations. After investigation, a citation and fine were issued, but U.S. Legal denied the Board’s jurisdiction to issue it a citation. Subsequent litigation (Court Reporters Board v. U.S. Legal) found that although U.S. Legal was rendering court reporting services in California and was in violation of gift-giving regulations, there was no explicit authority in current statute authorizing the CRB to impose citations or fines against U.S. Legal because U.S. Legal was not authorized to do business in California.
Corporations Code Section 13410(a) requires “professional corporations” (those that provide services for which a license is required) to be “subject to the applicable rules and regulations adopted by, and all the disciplinary provisions of the [BPC] expressly governing the practice of the profession in this state, and to the powers of, the governmental agency regulating the profession in which such corporation is engaged[.]” However, the court reporting corporations do not believe they are subject to these rules because they are not professional corporations that offer professional services. Instead these corporations believe they only contract for professional services, and are therefore exempt from rules that would otherwise apply to professional corporations and licensees.
SB 270 (Mendoza) of 2015 has been met with heavy opposition from foreign court reporting corporations. While the bill initially sought to clarify the CRB's authority over foreign professional corporations and increase penalties for violations of law, the author proposed amendments that would instead require these corporations to register with the Board. Complications may arise if the CRB is seen as authorizing the registration of corporations that are in fact providing professional services and therefore operating as professional corporations, if those corporations' shareholders are not licensees, as required under the Corporations Code and the BPC.
This bill will authorize the continued operation of the CRB in its currently regulatory capacity for the protection of consumers and the regulation of CSRs as well as require the CRB to be reviewed by the Legislature again in four years. These are issues which the CRB will need to continue to focus on.
Current Related Legislation. SB 270 (Mendoza) of 2015 seeks to clarify the CRB's authority over foreign professional corporations and increase penalties for violations of law, the author proposed amendments that would instead require these corporations to register with the Board. Note: This bill is currently pending in the Assembly Committee on Business and Professions.
Prior Related Legislation. AB 1197 (Bonilla), Chapter 346, Statutes of 2015, requires a deposition notice to include a statement disclosing the existence of a contractual relationship, if any, between the deposition officer or entity providing the services of the deposition officer and the party noticing the deposition or a third party who is financing all or part of the action if known.
SB 1236 (Price), Chapter 332, Statutes of 2012, extended the operation of the CRB, among other boards and bureaus under the jurisdiction of the DCA, until January 1, 2017.
REGISTERED SUPPORT:
None on file.
REGISTERED OPPOSITION:
None on file.
Analysis Prepared by: Gabby Nepomuceno / B. & P. / (916) 319-3301
Discussed in Hearing
1MIN
Assembly Floor
2MIN
Senate Floor
2MIN
Senate Standing Committee on Business, Professions and Economic Development
44SEC
Assembly Floor
Bill Author
Bill Co-Author(s):
