BILL ANALYSIS
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UNFINISHED BUSINESS
Bill No: SB 1181
Author: Cedillo (D)
Amended: 8/2/10
Vote: 21
SENATE JUDICIARY COMMITTEE : 4-0, 4/20/10
AYES: Corbett, Harman, Hancock, Leno
NO VOTE RECORDED: Walters
SENATE APPROPRIATIONS COMMITTEE : 10-0, 5/27/10
AYES: Kehoe, Alquist, Corbett, Denham, Leno, Price,
Walters, Wolk, Wyland, Yee
NO VOTE RECORDED: Cox
SENATE FLOOR : 35-0, 6/2/10
AYES: Aanestad, Alquist, Ashburn, Calderon, Cedillo,
Cogdill, Corbett, Correa, Cox, Denham, DeSaulnier,
Ducheny, Dutton, Florez, Hancock, Hollingsworth, Huff,
Kehoe, Leno, Liu, Lowenthal, Negrete McLeod, Padilla,
Pavley, Price, Romero, Runner, Simitian, Steinberg,
Strickland, Walters, Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Harman, Oropeza, Wiggins, Vacancy,
Vacancy
ASSEMBLY FLOOR : 77-0, 8/23/10 - See last page for vote
SUBJECT : Shorthand reporters: Transcript Reimbursement
Fund
SOURCE : Author
CONTINUED
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DIGEST : This bill extends the sunset on the Transcript
Reimbursement Fund administered by the Court Reporters
Board of California (Board) from January 1, 2011 to January
1, 2013. The bill expands the applicants authorized to
obtain reimbursement from the fund to include indigent pro
se litigants, as specified, up to a maximum of $30,000
annually and $1,500 per case, and require the board to
report to the Legislature no later than March 1, 2012, on
expenditures and claims by such litigants.
Assembly Amendments (1) reduces the amount per case to
$1,500 from $2,500, and (2) amends due date or report from
January to March 2012, and (3) adds declaration and
findings.
ANALYSIS : Existing law establishes the California Court
Reporters Board (Board) (Business and Professions Code
[BPC] Section 8000.) with, among other things, the
authority and responsibility to determine the
qualifications of persons applying for certification as a
shorthand reporter (BPC Section 8007(a).); make rules for
the examination of applicants and the issuing of
certificates of qualification in professional shorthand
reporting (BPC Sec. 8007(c).); and charge and collect
authorized fees (BPC Sections. 8008(c), 8031.)
Existing law establishes the Court Reporters' Fund into
which all funds collected by the Board shall be deposited.
(BPC Section 8030.)
Existing law, until January 1, 2011, establishes the
Transcript Reimbursement Fund (TRF) to provide shorthand
reporting services to low-income litigants in civil cases
who are unable to otherwise afford those services.
Existing law also provides that the Board shall transfer up
to $300,000 into the TRF from the Court Reporters' Fund at
the beginning of each fiscal year, from excess funds needed
to support the Board's operating budget for each fiscal
year. The Board may transfer additional funds available,
provided that the additional transfer does not result in a
reduction of the balance of the Court Reporters' Fund to an
amount less than six months' operating budget. The Board
is required to maintain sufficient funding to pay all
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qualified claims and is authorized to utilize all refunds,
unexpended funds, fees, and any other moneys received for
this purpose. (BPC Section 8030.2)
Existing law, until January 1, 2011, provides that an
"applicant," or certified shorthand reporter in a case
handled by an applicant, may apply, with supporting
documentation, for reimbursement from the TRF for the
allowable charges for preparing an original transcript, a
copy of the transcript (or both if appropriate) of court or
deposition proceedings for litigation conducted in
California. These existing provisions also specifically
exclude persons appearing pro se to represent themselves at
any stage of the case. (BPC Sections. 8030.4(e), 8030.8.)
Existing law, until January 1, 2011, specifies that an
applicant includes a "qualified legal services project," a
"qualified support center," "other qualified project," or
"pro bono attorney," as those terms are defined, which
generally includes those non-profit organizations,
attorneys, law firms, or legal corporations providing legal
services to an indigent person. In addition, the case may
not be a fee generating case, which is generally defined as
a case that, if undertaken by an attorney in private
practice, may reasonably be expected to result in payment
of a fee from an award to a client, from public funds, or
from an opposing party. (BPC Section 8030.4.)
Existing law, until January 1, 2011, specifies the charges
that may be reimbursed from the TRF, including regular
customary charges for expedited deposition transcripts up
to a maximum of $2,500. (BPC Section 8030.6.)
Existing law provides: (1) that the instant visual display
of deposition testimony shall not be certified and cannot
be used, cited, or transcribed as the official certified
transcript of the proceedings; and (2) provides that the
instant visual display of testimony shall not be cited or
used in any way or at any time to rebut or contradict the
official certified transcript of the proceedings as
provided by the official reporter or official reporter pro
tempore. (Code Civil Procedures Section 273.)
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This bill would extend the sunset on the TRF and the
accompanying provisions to January 1, 2013.
This bill temporarily reauthorizes and revises the TRF for
very low-income parties in court who are unable to afford
transcript services. Specifically, this bill:
1)Extends the sunset on the TRF and the accompanying
provisions to January 1, 2013.
2)Permits a person appearing pro se at any stage of the
case to apply to receive funds from the TRF subject to a
limit of $1,500 per case and not to exceed $30,000
annually for all cases.
3)Requires pro se applicants to refund reimbursements if
they prevail in the action or lose their court fee waiver
because they are found not to be indigent.
4)Requires the Court Reporters Board to report to the
Legislature regarding expenditures and claims paid.
This bill extends the sunset on these provisions to January
1, 2013, and permits the cost of services related to
providing instant visual display of deposition testimony to
be reimbursed from the TRF.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee analysis:
Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12 2012-13
Fund
Sunset Extension $0 $300 $300 Special*
Include pro se litigants Possibly
significant cost pressure Special*
*Court Reporters' Fund
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SUPPORT : (Verified 8/24/10)
Bay Area Legal Aid
ARGUMENTS IN SUPPORT : The author's office states, the
TRF was established by the legislature in 1981 and is
funded through the Certified Shorthand Reporters annual
license renewal fees. The purpose of the TRF is to provide
court transcripts or depositions at little or no cost to
non-profit legal service centers and pro bono attorneys on
behalf of indigent litigants in civil cases. This fund is
to sunset by January 1, 2011. Since this is a valued
program serving the indigent community it is vital for the
court process to have an extension of the program.
According to the Court Reporters Board, approximately a
quarter of all TRF claims are denied because they are
submitted by a litigant who represents himself/herself in a
lawsuit (known as in pro per litigants) rather than have an
attorney. Many of these clients have obtained a fee waiver
for their cases and often assume that it applies to
transcript costs as well. These people are unable to
afford the costs of transcripts and often time forego their
efforts to pursue civil litigation or defend themselves in
an action. Typical cases involving requests for TRF
assistance, in addition to those who represent themselves,
include: dissolution of marriage/custody issues, evictions,
unlawful terminations, and probate disputes. These
litigants could be helped with the use of underutilized
funds from the TRF to be expanded to include individuals
representing themselves.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall,
Bill Berryhill, Tom Berryhill, Block, Blumenfield,
Bradford, Brownley, Buchanan, Caballero, Charles
Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De
La Torre, De Leon, DeVore, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Fuller, Gaines, Galgiani, Garrick, Gatto,
Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Jones, Knight, Lieu, Logue,
Bonnie Lowenthal, Ma, Mendoza, Miller, Monning, Nava,
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Nestande, Niello, Nielsen, Norby, V. Manuel Perez,
Portantino, Ruskin, Salas, Saldana, Silva, Skinner,
Smyth, Solorio, Audra Strickland, Swanson, Torlakson,
Torres, Torrico, Tran, Villines, Yamada, John A. Perez
NO VOTE RECORDED: Furutani, Vacancy, Vacancy
RJG:do 8/24/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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