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

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Date Published: 04/03/2017 09:00 PM
AB1660:v98#DOCUMENT

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 relating to environmental protection. 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. Environmental quality and conservation. 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 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, that an entity be a shorthand reporting corporation or that the individual or entity be registered as a court reporter provider. 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 that will be deposited into the Court Reporter’s 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. 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.

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.

Existing law establishes various agencies in state government to protect and conserve natural resources.

This bill would state the intent of the Legislature to enact legislation to improve California’s environmental quality and conservation.

Vote: MAJORITY   Appropriation: NOYES   Fiscal Committee: NOYES   Local Program: NOYES  

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.
 (a) An individual or entity may engage in the business of providing or arranging for court reporters for the transcription of court proceedings if one of the following requirements are met:
(1) The individual is licensed as a court reporter.
(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) 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.
(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.

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.
SECTION 1.

It is the intent of the Legislature to enact legislation to improve California’s environmental quality and conservation.