Bill Text: CA AB1522 | 2015-2016 | Regular Session | Amended
Bill Title: Transcript Reimbursement Fund: renewal.
Sponsorship: Partisan Bill (Democrat 7)
Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB1522 Detail]
Download: California-2015-AB1522-Amended.html
BILL NUMBER: AB 1522 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 23, 2016
INTRODUCED BY Committee on Judiciary (Assembly Members Mark Stone
(Chair), Alejo, Chau, Chiu, Cristina Garcia, Holden, and O'Donnell)
MARCH 10, 2015
An act to amend Sections 3485 and 3486.5 of the Civil
Code, relating to real property. 8030.2,
8030.4, 8030.5, 8030.6, and 8030.8 of the Business and Professions
Code, relating to shorthand reporters, making an appropriation
therefor, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1522, as amended, Committee on Judiciary. Unlawful
detainer: nuisance. Transcript Reimbursement Fund:
renewal.
Existing law provides for the licensure and regulation of
shorthand 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
from licensees to be deposited into the Transcript Reimbursement 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. 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.
This bill would extend the operation of these provisions until
January 1, 2021. By extending the operation of the Transcript
Reimbursement Fund, which is a continuously appropriated fund, the
bill would make an appropriation.
This bill would declare that it is to take effect immediately as
an urgency statute.
Existing law establishes the criteria for determining when a
tenant is guilty of unlawful detainer, including, but not limited to,
conduct involving illegally selling a controlled substance, or the
commission of an offense involving the unlawful possession or use of
illegal weapons or ammunition or the use of the premises to further
that purpose. Any of those acts may be deemed to constitute
committing a nuisance on the premises.
Existing law authorizes, for real property situated in prescribed
localities, a city prosecutor or city attorney to file an action for
unlawful detainer in the name of the people against any person who is
in violation of the nuisance or the illegal purpose provisions.
Existing law requires the city attorney or city prosecutor to
provide prescribed information pertaining to action taken pursuant to
these provisions to the California Research Bureau, and requires the
bureau to report to the Senate and Assembly Committees on Judiciary
once on or before March 20, 2016, and once on or before March 20,
2018, summarizing the information collected pursuant to these
provisions.
This bill would, instead, require that the bureau report once on
or before April 20, 2016, and once on or before April 20, 2018.
Vote: majority 2/3 . Appropriation:
no yes . Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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 board's 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.
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 board's operating budget for
the 1996-97 fiscal year shall be used as provided in subdivision (a).
(c) 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) 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) (1) Applicants, including applicants pursuant to Section
8030.5, who have been reimbursed pursuant to this chapter for
services provided to litigants and who are awarded court costs or
attorney's 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 who has been
reimbursed for services provided to litigants under this chapter
shall refund the full amount reimbursed if a court orders the
applicant's fee waiver withdrawn or denied retroactively pursuant to
Section 68636 of the Government Code, within 90 days of the court's
order withdrawing or denying the fee waiver.
(f) 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) Notwithstanding Section 16346 of the Government Code, all
unencumbered funds remaining in the Transcript Reimbursement Fund as
of January 1, 2017, shall be transferred to the Court Reporters'
Fund.
(h) 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, 2021, deletes or
extends that date.
SEC. 2. 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.
(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, 2021, and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2017, 2021, deletes or
extends that date.
SEC. 3. 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, 2021, and as of that date is
repealed, unless a later enacted statute that is enacted before
January 1, 2017, 2021, deletes or
extends that date.
SEC. 4. 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 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, 2021, and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2017, 2021, deletes or
extends that date.
SEC. 5. 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, 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, 2021, and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2017, 2021, deletes or
extends that date.
SEC. 6. 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:
In order for the indigent to have continued access to court
reporters, it is necessary that this act take effect immediately.
All matter omitted in this version of the bill appears in the
bill as introduced in the Assembly, March 10, 2015. (JR11)
