Bill Text: CA SB823 | 2013-2014 | Regular Session | Chaptered
Bill Title: Professions and vocations: licensure.
Spectrum: Moderate Partisan Bill (Democrat 8-2)
Status: (Passed) 2013-10-01 - Chaptered by Secretary of State. Chapter 474, Statutes of 2013. [SB823 Detail]
Download: California-2013-SB823-Chaptered.html
BILL NUMBER: SB 823 CHAPTERED
BILL TEXT
CHAPTER 474
FILED WITH SECRETARY OF STATE OCTOBER 1, 2013
APPROVED BY GOVERNOR OCTOBER 1, 2013
PASSED THE SENATE SEPTEMBER 11, 2013
PASSED THE ASSEMBLY SEPTEMBER 11, 2013
AMENDED IN ASSEMBLY SEPTEMBER 6, 2013
AMENDED IN ASSEMBLY JUNE 13, 2013
AMENDED IN ASSEMBLY MAY 23, 2013
INTRODUCED BY Committee on Business, Professions and Economic
Development (Senators Lieu (Chair), Block, Corbett, Emmerson,
Galgiani, Hernandez, Hill, Padilla, Wyland, and Yee)
MARCH 20, 2013
An act to amend Sections 5092, 5093, 5094.3, and 8030.5 of, to add
Section 5092.1 to, and to add and repeal Sections 8030.4, 8030.6,
and 8030.8 of, the Business and Professions Code, relating to
professions and vocations, making an appropriation therefor, and
declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 823, Committee on Business, Professions and Economic
Development. Professions and vocations: licensure.
(1) Existing law provides for the licensure and regulation of
accountants by the California Board of Accountancy in the Department
of Consumer Affairs. Existing law prohibits a person from engaging in
the practice of public accountancy in this state unless he or she
holds either a valid permit issued by the board or a practice
privilege, as specified.
Existing law sets forth education, examination, and experience
requirements for accountancy licensure. Existing law provides that
certain licensure requirement provisions shall become inoperative on
January 1, 2014, unless other particular licensure requirements are
reduced or eliminated.
This bill would, until January 1, 2016, allow applicants who have
satisfied the examination requirement on or before December 31, 2013,
and who meet all remaining requirements for the issuance of a
certified public accountant license, as they existed on December 31,
2013, to be issued a license, notwithstanding that those licensure
requirement provisions may become inoperative as of January 1, 2014.
Existing law sets forth the requirements for an applicant for
admission to the examination for a certified public accountant,
including the production of evidence that the applicant has completed
a baccalaureate or higher degree.
This bill would provide that an applicant who is enrolled in a
program that confers a baccalaureate degree upon completion of 150
semester units, as specified, may satisfy the educational
requirements for admission to the examination if the applicant's
educational institution mails materials to the board showing the
applicant has satisfied certain requirements.
This bill would also allow an applicant who successfully passed
the accountant examination on or before December 31, 2013, to qualify
for a license without satisfying other particular educational
requirements, if the applicant completes all other requirements for
the issuance of a license on or before December 31, 2015.
This bill would also make technical, nonsubstantive changes to
these provisions.
(2) Existing law provides for the licensure and regulation of
court reporters by the Court Reporters Board of California within the
Department of Consumer Affairs. Existing law requires, until January
1, 2017, certain fees and revenues collected by the board to be
deposited into the Transcript Reimbursement Fund, 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 requires the board, until
January 1, 2017, to publicize the availability of the 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. Provisions of law
that authorized low-income persons appearing pro se to apply for
funds from the Transcript Reimbursement Fund, subject to specified
requirements and limitations, and other related provisions, were
repealed on January 1, 2013.
This bill would reenact those provisions that were repealed on
January 1, 2013, thereby making an appropriation by requiring the
board to disburse funds from the Transcript Reimbursement Fund for
the costs, as specified, of preparing court and deposition proceeding
transcripts, incurred as a contractual obligation between the
shorthand reporter and the applicant, for litigation conducted in
California. The bill would provide for the repeal of these provisions
on January 1, 2017.
This bill would declare that it is to take effect immediately as
an urgency statute.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5092 of the Business and Professions Code is
amended to read:
5092. (a) To qualify for the certified public accountant license,
an applicant who is applying under this section shall meet the
education, examination, and experience requirements specified in
subdivisions (b), (c), and (d), or otherwise prescribed pursuant to
this article. The board may adopt regulations as necessary to
implement this section.
(b) An applicant for the certified public accountant license shall
present satisfactory evidence that the applicant has completed a
baccalaureate or higher degree conferred by a college or university,
meeting, at a minimum, the standards described in Section 5094, the
total educational program to include a minimum of 24 semester units
in accounting subjects and 24 semester units in business related
subjects. This evidence shall be provided prior to admission to the
examination for the certified public accountant license, except that
an applicant who applied, qualified, and sat for at least two
subjects of the examination for the certified public accountant
license before May 15, 2002, may provide this evidence at the time of
application for licensure.
(c) An applicant for the certified public accountant license shall
pass an examination prescribed by the board pursuant to this
article.
(d) The applicant shall show, to the satisfaction of the board,
that the applicant has had two years of qualifying experience. This
experience may include providing any type of service or advice
involving the use of accounting, attest, compilation, management
advisory, financial advisory, tax, or consulting skills. To be
qualifying under this section, experience shall have been performed
in accordance with applicable professional standards. Experience in
public accounting shall be completed under the supervision or in the
employ of a person licensed or otherwise having comparable authority
under the laws of any state or country to engage in the practice of
public accountancy. Experience in private or governmental accounting
or auditing shall be completed under the supervision of an individual
licensed by a state to engage in the practice of public accountancy.
(e) This section shall become inoperative on January 1, 2014, but
shall become or remain operative if the educational requirements in
ethics study and accounting study established by subdivision (b) of
Section 5093, Section 5094.3, and Section 5094.6 are reduced or
eliminated.
SEC. 2. Section 5092.1 is added to the Business and Professions
Code, to read:
5092.1. Notwithstanding subdivision (a) of Section 5093, an
applicant who has successfully completed the examination requirement
specified in Section 5082 on or before December 31, 2013, may qualify
for the issuance of a certified public accountant license until
January 1, 2016, if he or she has met all remaining requirements
specified in Section 5092 as they existed on December 31, 2013.
SEC. 3. Section 5093 of the Business and Professions Code is
amended to read:
5093. (a) To qualify for the certified public accountant license,
an applicant who is applying under this section shall meet the
education, examination, and experience requirements specified in
subdivisions (b), (c), and (d), or otherwise prescribed pursuant to
this article. The board may adopt regulations as necessary to
implement this section.
(b) (1) An applicant for admission to the certified public
accountant examination under the provisions of this section shall
present satisfactory evidence that the applicant has completed a
baccalaureate or higher degree conferred by a degree-granting
university, college, or other institution of learning accredited by a
regional or national accrediting agency included in a list of these
agencies published by the United States Secretary of Education under
the requirements of the Higher Education Act of 1965 as amended (20
U.S.C. Sec. 1001 et seq.), or meeting, at a minimum, the standards
described in subdivision (c) of Section 5094. The total educational
program shall include a minimum of 24 semester units in accounting
subjects and 24 semester units in business-related subjects. This
evidence shall be provided at the time of application for admission
to the examination, except that an applicant who applied, qualified,
and sat for at least two subjects of the examination for the
certified public accountant license before May 15, 2002, may provide
this evidence at the time of application for licensure.
(A) An applicant enrolled in a program at an institution as
described in this paragraph that grants conferral of a baccalaureate
degree upon completion of the 150 semester units required by
paragraph (2) of this subdivision may satisfy the requirements of
this paragraph if the applicant's institution mails the applicant's
official transcript or its equivalent together or separately with a
letter signed by the institution's registrar, or its equivalent,
directly to the board pursuant to subdivision (c) of Section 5094.
The letter shall include all of the following:
(i) A statement that the applicant is enrolled and in good
standing in a program that will result in the conferral of a
baccalaureate degree upon completion of either a master's degree or
the 150 semester units required by paragraph (2) of this subdivision.
(ii) A statement that the applicant has completed all
requirements, including general education and elective requirements,
for a baccalaureate degree and the only reason the college or
university has yet to confer the degree is because the applicant is
enrolled in a program that confers a baccalaureate degree upon
completion of either a master's degree or the 150 semester units
required by paragraph (2) of this subdivision.
(iii) The date on which the applicant met all of the college's or
university's requirements for conferral of a baccalaureate degree.
(B) The total educational program for an applicant described in
subparagraph (A) shall include a minimum of 24 semester units in
accounting subjects and 24 semester units in business-related
subjects. This evidence shall be provided at the time of application
for admission to the examination, except that an applicant who
applied, qualified, and sat for at least two subjects of the
examination for the certified public accountant license before May
15, 2002, may provide this evidence at the time of application for
licensure.
(2) An applicant for issuance of the certified public accountant
license under the provisions of this section shall present
satisfactory evidence that the applicant has completed at least 150
semester units of college education including a baccalaureate or
higher degree conferred by a college or university, meeting, at a
minimum, the standards described in Section 5094, the total
educational program to include a minimum of 24 semester units in
accounting subjects, 24 semester units in business-related subjects,
and, after December 31, 2013, shall also include a minimum of 10
units of ethics study consistent with the requirements set forth in
Section 5094.3 and 20 units of accounting study consistent with the
regulations promulgated under subdivision (c) of Section 5094.6. This
evidence shall be presented at the time of application for the
certified public accountant license. Nothing in this paragraph shall
be deemed inconsistent with Section 5094 or 5094.6. Nothing in this
paragraph shall be construed to be inconsistent with prevailing
academic practice regarding the completion of units.
(c) An applicant for the certified public accountant license shall
pass an examination prescribed by the board.
(d) The applicant shall show, to the satisfaction of the board,
that the applicant has had one year of qualifying experience. This
experience may include providing any type of service or advice
involving the use of accounting, attest, compilation, management
advisory, financial advisory, tax, or consulting skills. To be
qualifying under this section, experience shall have been performed
in accordance with applicable professional standards. Experience in
public accounting shall be completed under the supervision or in the
employ of a person licensed or otherwise having comparable authority
under the laws of any state or country to engage in the practice of
public accountancy. Experience in private or governmental accounting
or auditing shall be completed under the supervision of an individual
licensed by a state to engage in the practice of public accountancy.
(e) Applicants completing education at a college or university
located outside of this state, meeting, at a minimum, the standards
described in Section 5094, shall be deemed to meet the educational
requirements of this section if the board determines that the
education is substantially equivalent to the standards of education
specified under this chapter.
(f) An applicant who has successfully passed the examination
requirement specified under Section 5082 on or before December 31,
2013, may qualify for the certified public accountant license without
satisfying the 10 semester units of study set forth in Section
5094.3 or 20 semester units of accounting study consistent with the
regulations promulgated under Section 5094.6, if the applicant
completes all other requirements for the issuance of a license on or
before December 31, 2015.
SEC. 4. Section 5094.3 of the Business and Professions Code is
amended to read:
5094.3. (a) An applicant for licensure as a certified public
accountant shall, to the satisfaction of the board, provide
documentation of the completion of 10 semester units or 15 quarter
units of ethics study, as set forth in paragraph (2) of subdivision
(b) of Section 5093, in the manner prescribed in this section.
(b) (1) Between January 1, 2014, and December 31, 2016, inclusive,
an applicant shall complete 10 semester units or 15 quarter units in
courses described in subdivisions (d), (e), and (f).
(2) Beginning January 1, 2017, an applicant shall complete 10
semester units or 15 quarter units in courses described in
subdivisions (c), (d), (e), and (f).
(c) A minimum of three semester units or four quarter units in
courses at an upper division level or higher devoted to accounting
ethics or accountants' professional responsibilities, unless the
course was completed at a community college, in which case it need
not be completed at the upper division level or higher.
(d) Between January 1, 2014, and December 31, 2016, inclusive, a
maximum of 10 semester units or 15 quarter units, and on and after
January 1, 2017, a maximum of 7 semester units or 11 quarter units,
in courses containing the following terms in the course title:
(1) Business, government, and society.
(2) Business law.
(3) Corporate governance.
(4) Corporate social responsibility.
(5) Ethics.
(6) Fraud.
(7) Human resources management.
(8) Business leadership.
(9) Legal environment of business.
(10) Management of organizations.
(11) Morals.
(12) Organizational behavior.
(13) Professional responsibilities.
(14) Auditing.
(e) (1) A maximum of three semester units or four quarter units in
courses taken in the following disciplines:
(A) Philosophy.
(B) Religion.
(C) Theology.
(2) To qualify under this subdivision, the course title shall
contain one or more of the terms "introduction," "introductory,"
"general," "fundamentals of," "principles," "foundation of," or
"survey of," or have the name of the discipline as the sole name of
the course title.
(f) A maximum of one semester unit of ethics study for completion
of a course specific to financial statement audits.
(g) An applicant who has successfully passed the examination
requirement specified under Section 5082 on or before December 31,
2013, is exempt from this section unless the applicant fails to
obtain the qualifying experience as specified in Section 5092 or 5093
on or before December 31, 2015.
SEC. 5. Section 8030.4 is added to the Business and Professions
Code, 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.
(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) 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. 6. Section 8030.5 of the Business and Professions Code is
amended to read:
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 is added to the Business and Professions
Code, 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 reporter's 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) 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) 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) 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) Applications for reimbursements from the fund shall be filed
on a first-come-first-served basis.
(h) 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) 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. 8. Section 8030.8 is added to the Business and Professions
Code, 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, 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 attorney's fees awarded to the
applicant by the court or provided for in any settlement agreement in
the case.
(7) The certified shorthand reporter's 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, 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. 9. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
To ensure that certain professions and vocations are adequately
regulated in order to protect and safeguard consumers and the public
in this state, it is necessary that this bill take effect
immediately.
