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SB-270 Shorthand reporting services.(2015-2016)

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SB270:v90#DOCUMENT

Amended  IN  Assembly  August 19, 2016
Amended  IN  Assembly  August 04, 2016
Amended  IN  Assembly  June 30, 2016
Amended  IN  Assembly  June 22, 2016
Amended  IN  Assembly  June 14, 2016
Amended  IN  Assembly  June 23, 2015
Amended  IN  Senate  May 05, 2015
Amended  IN  Senate  April 14, 2015
Amended  IN  Senate  April 06, 2015

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Senate Bill No. 270


Introduced by Senator Mendoza

February 19, 2015


An act to add Section 8041 to the Business and Professions Code, relating to court reporters.


LEGISLATIVE COUNSEL'S DIGEST


SB 270, as amended, Mendoza. Shorthand reporting services.
Existing law provides for the certification and regulation of shorthand reporters and for the regulation of shorthand reporting corporations by the Court Reporters Board of California within the Department of Consumer Affairs.
Under existing law, a shorthand reporting corporation is a corporation authorized to render professional services, as defined, as long as that corporation and all of its shareholders, officers, directors, and employees rendering professional services who are certified shorthand reporters are in compliance with specified provisions of law. Existing law also provides for the formation or registration of various legal entities transacting business in this state.
This bill would authorize the Court Reporters Board of California to seek injunctive relief or issue citations, fines, and other penalties in accordance with existing law against corporations, persons, or entities, whether foreign or domestic, that for a fee or other financial consideration, offer, offer to arrange for, render, or provide the services of a certified shorthand reporter, for violations of provisions governing oral depositions inside this state imposed by the Civil Discovery Act, Moscone-Knox Professional Corporation Act, and laws governing the practice of shorthand reporting. The bill also would describe activities that this bill would not be construed to authorize, prohibit, or regulate, as provided.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 8041 is added to the Business and Professions Code, to read:

8041.
 (a) The board may seek injunctive relief or issue citations, fines, and other penalties in accordance with existing law against corporations, persons, or entities, whether foreign or domestic, that for a fee or other financial consideration, offer, offer to arrange for, render, or provide the services of a certified shorthand reporter, for violations of the following:
(1) Chapter 9 (commencing with Section 2025.010) of Title 4 of Part 4 (commencing with Section 2025.010) of the Code of Civil Procedure.
(2) Part 4 (commencing with Section 13400) of Division 3 of Title 1 (commencing with Section 13400) of the Corporations Code.
(3) This chapter (commencing with Section 8000).
(4) Section 2475 of Title 16 of the California Code of Regulations, as that section read on January 1, 2016.
(b) Nothing in this section shall be construed to authorize or prohibit an individual without a certification issued pursuant to this chapter to practice shorthand reporting, as defined in Section 8017, or 8017.
(c) Nothing in this section shall be construed to authorize or prohibit the provision of shorthand reporting services by a foreign corporation in violation of subdivision (c) of Section 13401 of the Corporations Code, Code or construed to authorize or prohibit violations of Section 8044.
(d) Nothing in this section shall be construed to regulate the setting of negotiated transcript fees and reasonable fees for noncontracting parties as long as the fees are otherwise in compliance with applicable law.