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AB-1660 Court reporter providers.(2017-2018)

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Date Published: 08/21/2017 02:00 PM
AB1660:v94#DOCUMENT

Amended  IN  Senate  August 21, 2017
Amended  IN  Senate  July 10, 2017
Amended  IN  Senate  June 20, 2017
Amended  IN  Assembly  May 02, 2017
Amended  IN  Assembly  April 03, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1660


Introduced by Assembly Member Kalra

February 17, 2017


An act to add Article 6 (commencing with Section 8050) to Chapter 13 of Division 3 of the Business and Professions Code, relating to court reporters, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


AB 1660, as amended, Kalra. Court reporter providers.
Existing law requires, upon court order or, in certain cases, upon request of a party to the action, an official court reporter or reporter pro tempore to take down in shorthand all testimony, objections made, rulings of the court, exceptions taken, arraignments, pleas, sentences, arguments of the attorneys to the jury, and statements and remarks made and oral instructions given by the judge or other judicial officer. Existing law requires shorthand reporters to be licensed and regulated by the Court Reporters Board of California, which is within the Department of Consumer Affairs. Existing law prohibits a person from being appointed to the position of official reporter of any court unless the person has first obtained a license to practice as a certified shorthand reporter from the Court Reporters Board of California. Existing law requires licensees to pay a fee that is deposited into the Court Reporters’ Fund, which is continuously appropriated. Existing law makes a violation of these provisions a misdemeanor.
This bill, on and after January 1, 2019, would authorize an individual or entity to engage in the business of providing or arranging for court reporters for the transcription of court proceedings if specified conditions are met, including that an individual be licensed by the board as a court reporter, a certified shorthand reporter, that an entity be a shorthand reporting corporation or that the individual or entity be registered as a court reporter provider, as defined. The bill would require an individual or entity that registers with the board as a court reporter provider to adhere to the same laws and regulations that are applicable to the conduct of certified shorthand reporters, including the requirement for a licensee to pay a fee, as specified, that will be deposited into the Court Reporter’s Reporters Fund. By requiring a court reporter provider to pay a fee that is deposited into a continuously appropriated fund, the bill would make an appropriation. The bill would require the board to adopt regulations prescribing the process and procedure for registration as a court reporter provider. The bill would require the board to create and make available on its Internet Web site a directory of registered court reporter providers. Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: YES   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Article 6 (commencing with Section 8050) is added to Chapter 13 of Division 3 of the Business and Professions Code, to read:
Article  6. Court Reporter Providers

8050.
 For purposes of this article, the following terms have the following meanings:
(a) “Court reporter provider” means a person or entity that does any of the following:
(1) Any act that constitutes shorthand reporting that occurs wholly or partly in this state.
(2) Recruits a resident of this state to provide shorthand reporting in this state.
(3) Contracts with a resident of this state by mail or otherwise that requires either party to perform shorthand reporting wholly or partly in this state.
(b) “Registration” means the procedures and requirements with which a person or entity shall comply in order to conduct business as a court reporter provider.

8051.
 (a) On and after January 1, 2019, an individual or entity may engage in the business of providing or arranging for court reporters for the transcription of court proceedings pursuant to Section 8017 if one of the following requirements are met:
(1) The individual is licensed as a court reporter. a certified shorthand reporter pursuant to Section 8018.
(2) The entity is a shorthand reporting corporation as described in Section 8040.
(3) The individual or entity is registered with the board as a court reporter provider.
(b) (1) An individual or entity registered as a court reporter provider described in paragraph (3) of subdivision (a) shall be subject to the same laws and regulations that are applicable to the conduct of certified shorthand reporters.
(2) The board may charge a fee for the registration of individuals or entities described in paragraph (3) of subdivision (a) that shall not be more than reasonably necessary for the administration of a registration program.
(c) An individual or entity described in paragraph (1) or (2) of subdivision (a) shall not engage in the practice of court reporting on behalf of an individual or entity that is not registered with the board as a court reporter provider, and shall verify whether a person or entity is registered with the board as a court reporter provider before engaging in the practice of court reporting on behalf of that person or entity.
(d) Nothing in this section shall be construed to prohibit a licensed court reporter, shorthand reporting corporation, or registered court reporter provider from providing long-term or multicase volume discounts or services ancillary to reporting and transcribing a deposition or judicial proceeding in contracts that are subject to laws related to shorthand reporting.
(e) Nothing in this section shall be construed to require an owner of a registered court reporter provider to be a certified shorthand reporter unless the owner practices shorthand reporting, as defined in Section 8017.

8052.
 (a) The board shall adopt regulations prescribing the process and procedure for registration as a “court reporter provider.” Applications for a certificate of registration shall include, at a minimum, all of the following:
(1) The name of the person or entity seeking registration.
(2) The business address and telephone number of the person or entity seeking registration.
(3) The name, address, and contact information for any individual designated by the registrant as a point of contact.
(b) A certificate of registration shall be valid for a period of one year unless that period is extended by the board.
(c) A registrant shall notify the board within 30 days, on a form developed by the board, of any additions, deletions, or changes in the names, addresses, and contact information for each of the persons or entities listed on its application.

8052. 8053.
 The board shall create and make available on its Internet Web site a directory of registered court reporter providers.

SEC. 2.

  No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.