SECTIONS 8030-8031 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 8030-8031

8030. All fees and other revenues received by the board shall be
reported promptly 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 to carry out this chapter.

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, 2013, shall be transferred to the Court Reporters'
Fund.
(h) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.

8030.4. As used in this chapter:
(a) "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. Legal services
projects funded either in whole or in part by the Legal Services
Corporation or with Older Americans Act funds are presumed to be
qualified legal services projects for the purposes of this chapter.
(b) "Qualified support center" means an incorporated nonprofit
legal services center, having an office or offices in California,
which office or offices provide legal services or technical
assistance without charge to qualified legal services projects and
their clients on a multicounty basis in California. Support centers
funded either in whole or in part by the Legal Services Corporation
or with Older Americans Act funds are presumed to be qualified legal
services projects for the purposes of this chapter.
(c) "Other qualified project" means a nonprofit organization
formed for charitable or other public purposes, not receiving funds
from the Legal Services Corporation or pursuant to the Older
Americans Act, which organization or association provides free legal
services to indigent persons.
(d) "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.
(e) "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.
(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 Office of Management and Budget
of the United States.
(B) A person who is eligible for supplemental security income.
(C) A person who is eligible for, or receiving, free services
under the 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) "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.
(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) "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.
(j) "Lawyer referral service" means a lawyer referral program
authorized by the State Bar of California pursuant to the rules of
professional conduct.
(k) "Older Americans Act" means the Older Americans Act of 1965,
Public Law 89-73, as amended.
(l) "Rules of professional conduct" means those rules adopted by
the State Bar pursuant to Sections 6076 and 6077.
(m) "Certified shorthand reporter" means a shorthand reporter
certified pursuant to Article 3 (commencing with Section 8020)
performing shorthand reporting services pursuant to Section 8017.
(n) "Case" means a single legal proceeding from its inception,
through all levels of hearing, trial, and appeal, until its ultimate
conclusion and disposition.
(o) "Developmentally Disabled Assistance Act" means the
Developmentally Disabled Assistance and Bill of Rights Act of 1975,
(42 U.S.C. Sec. 6001 et seq.) as amended.
(p) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.

8030.5. (a) Notwithstanding subdivision (e) 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 (e) 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,
2013, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2013, deletes or extends that
date.

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 a 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 may 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) may not exceed twenty thousand dollars ($20,000) per case per
year.
(d) If entitled, and funds are available, the board shall
forthwith disburse the appropriate sum to the applicant or the
certified shorthand reporter when documentation as provided in
subdivision (d) of 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 may
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 forthwith notify the
applicant that the reimbursed sum has been paid to the certified
shorthand reporter and shall likewise 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 forthwith 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 filled
on a first-come 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,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.

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 (a), (b), or (c) 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 (d) 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 (g) 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 (a), (b), or (c) 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 when 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,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.

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 dollars ($125) 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).