Bill Text: CA AB3252 | 2023-2024 | Regular Session | Chaptered
Bill Title: Shorthand court reporters: sunset: certification.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2024-09-25 - Chaptered by Secretary of State - Chapter 587, Statutes of 2024. [AB3252 Detail]
Download: California-2023-AB3252-Chaptered.html
Assembly Bill
No. 3252
CHAPTER 587
An act to amend Sections 8000, 8005, 8016, 8018, 8020, 8030.2, 8030.4, 8030.6, 8030.8, and 8051 of, to add Section 8024.9 to, and to add and repeal Section 8020.5 of, the Business and Professions Code, relating to professions and vocations, and making an appropriation therefor.
[
Approved by
Governor
September 25, 2024.
Filed with
Secretary of State
September 25, 2024.
]
LEGISLATIVE COUNSEL'S DIGEST
AB 3252, Berman.
Shorthand court reporters: sunset: certification.
Existing law, until January 1, 2025, establishes the Court Reporters Board of California within the Department of Consumer Affairs and charges the board with the executive functions necessary for effectuating the licensure and regulation of shorthand reporters. Existing law, on and after July 1, 2022, and until January 1, 2025, authorizes an entity that is not a shorthand reporting corporation to engage in specified acts if the entity is approved for registration by the board, as specified.
This bill would extend the operation of the above provisions to January 1, 2029. The bill would require a certified shorthand reporter, whether appearing in person or through the use of remote technology, to state on the record their full name and license number, as provided, at the beginning of a proceeding, as specified. The bill would require an applicant or
renewing certificate holder who has a valid email address to provide that email address to the board at the time of application or renewal and to notify the board within 30 days of any change to their email address on file. The bill would require the board to take reasonable actions to encourage applicants and certificate holders to maintain a valid email address, as provided.
Existing law entitles a person to obtain a certificate as a certified shorthand reporter if certain requirements are met, including passing a specified exam. Existing law requires a person to present specified evidence of qualifications for admission to the examination, including evidence that the applicant has obtained a certificate from a recognized court reporting school, as specified.
This bill would require the California state licensing examination to consist of three divisible parts, including English, Professional Practice, and
Dictation/Transcription (Machine/Skill) and would set forth requirements for the passing grades for these parts. The bill would require the board to notify each examinee electronically or in writing of their examination results, as specified. The bill would require an applicant to take and pass all three parts of the examination within 3 consecutive years, as specified, to have passed the examination. The bill would authorize an applicant to repeat any part of the examination, as specified. The bill would require an applicant who passes a part of the examination to receive conditional credit for passing that part and authorize an applicant to retake the remaining parts.
Existing law, until January 1, 2025, requires funds generated by fees received by the board, pursuant to specified provisions, in excess of funds needed to support the board’s operating budget for the fiscal year, to be transferred from the Court Reporters’ Fund and used by the board for the purpose
of establishing and maintaining a Transcript Reimbursement Fund, which is continuously appropriated, to provide shorthand reporting services to low-income litigants in civil cases who are unable to otherwise afford those services. Under existing law, 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, as specified.
This bill would continue the operation of provisions that provide for funds to be transferred into the Transcript Reimbursement Fund until January 1, 2029, and make other conforming changes. By continuing the transfer of funds into a continuously appropriated fund, the bill would make an appropriation.
Existing law states that a natural person holding a valid certificate as a shorthand reporter is known as a “certified shorthand reporter.”
Existing law prohibits any other person, firm, or corporation from assuming or using the title “certified shorthand reporter” or use any words or symbols indicating or tending to indicate that the person, firm, or corporation is certified under these provisions. Existing law specifies that the use of the words “stenographer,” “reporter,” or the phrases “court reporter” or “deposition reporter” in combination with words or phrases related to the practice of shorthand reporting indicates or tends to indicate certification. Existing law makes a violation of the provisions of law governing shorthand reporters a misdemeanor.
This bill would add the phrase “voice writer” to the above-described list of words and phrases. By expanding the scope of the above-described prohibition, the violation of which is 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.
Digest Key
Vote: 2/3 Appropriation: YES Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 8000 of the Business and Professions Code is amended to read:8000.
(a) There is in the Department of Consumer Affairs a Court Reporters Board of California, which consists of five members, three of whom shall be public members and two of whom shall be holders of certificates issued under this chapter who have been actively engaged as shorthand reporters within this state for at least five years immediately preceding their appointment.(b) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
(c) Notwithstanding any other law, repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 2.
Section 8005 of the Business and Professions Code is amended to read:8005.
(a) The Court Reporters Board of California is charged with the executive functions necessary for effectuating the purposes of this chapter. It may appoint committees as it deems necessary or proper. The board may appoint, prescribe the duties, and fix the salary of an executive officer. Except as provided by Section 159.5, the board may also employ other employees as may be necessary, subject to civil service and other law.(b) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 3.
Section 8016 of the Business and Professions Code is amended to read:8016.
(a) No person shall engage in the practice of shorthand reporting as defined in this chapter, unless that person is the holder of a certificate in full force and effect issued by the board. This section does not apply to a salaried, full-time employee of any department or agency of the state who is employed as a hearing reporter.(b) (1) A certified shorthand reporter, whether appearing in person or through the use of remote technology, shall state on the record their full name and license number as each appears on their certificate issued by the board, at the beginning of a proceeding, deposition, or other matter for transcription as described in Section 8017.
(2) If a certified shorthand reporter is to appear for more than one proceeding or hearing on a court calendar, the requirements of paragraph (1) are satisfied if the reporter provides their full name and license number to the clerk prior to the first proceeding or hearing or meets the requirements of paragraph (1) for the first proceeding.
(c) This section shall apply to all persons who are appointed, on and after January 1, 1983, to the position of official reporter or pro tempore official reporter of any court, as defined in the Government Code.
SEC. 4.
Section 8018 of the Business and Professions Code is amended to read:8018.
A natural person who holds a valid certificate as a shorthand reporter, as provided in this chapter, shall be known as a “certified shorthand reporter.” Except as provided in Section 8043, no other person, entity, firm, or corporation may assume or use the title “certified shorthand reporter,” or the abbreviation “C.S.R.,” or use any words or symbols indicating or tending to indicate that they are, or it is, certified under this chapter. Use of the words “stenographer,” or “reporter,” or of the phrases “court reporter,” “deposition reporter,” “digital reporter,” or “voice writer,” in combination with words or phrases related to the practice of shorthand reporting, as defined in Section 8017, indicates or tends to indicate certification pursuant to this chapter.SEC. 5.
Section 8020 of the Business and Professions Code is amended to read:8020.
Any person over the age of 18 years, who has not committed any acts or crimes constituting grounds for the denial of licensure under Sections 480, 8025, and 8025.1, who has a high school education or its equivalent as determined by the board, and who has satisfactorily passed an examination under any regulations that the board may prescribe, or has met the examination requirements pursuant to Section 8020.5, shall be entitled to a certificate and shall be styled and known as a certified shorthand reporter. No person shall be admitted to the examination without first presenting satisfactory evidence to the board that the applicant has obtained one of the following:(a) One year of experience in making verbatim records of depositions, arbitrations, hearings, or judicial or related
proceedings by means of written symbols or abbreviations in shorthand or machine shorthand writing or voice writing and transcribing these records.
(b) A verified certificate of satisfactory completion of a prescribed course of study in a recognized court reporting school or a certificate from the school that evidences an equivalent proficiency and the ability to make a verbatim record of material dictated in accordance with regulations adopted by the board contained in Title 16 of the California Code of Regulations. For purposes of this subdivision, and until the board adopts regulations governing voice writing, but in any case no later than January 1, 2024, references contained in Section 2411 of Title 16 of the California Code of Regulations to “machine shorthand” shall include voice writing.
(c) A certificate from the National Court Reporters Association or the National
Verbatim Reporters Association demonstrating proficiency in machine shorthand reporting or voice writing.
(d) A valid certified shorthand reporters certificate or license to practice shorthand reporting issued by a state other than California whose requirements and licensing examination are substantially the same as those in California.
SEC. 6.
Section 8020.5 is added to the Business and Professions Code, to read:8020.5.
(a) (1) The California state licensing examination shall consist of the following three divisible parts:(A) English.
(B) Professional Practice.
(C) Dictation/Transcription (Machine/Skill).
(2) (A) The passing grades for the Dictation/Transcription part of the examination is ninety-five percent.
(B) (i) The passing grades for English and Professional Practice, the two written knowledge parts of the examination, shall be
determined by the Angoff criterion-referenced method.
(ii) The passing scores may vary moderately with changes in test composition.
(iii) Any examinee who obtains a grade which equals or exceeds the passing score determined by the Angoff criterion-referenced method will be deemed to have passed the applicable portion of the examination, assuming the other requirements of this section are met.
(b) The board shall notify each examinee electronically or in writing of their pass or fail examination results.
(c) (1) An applicant shall take and pass all three parts of the examination within three consecutive years to have passed the examination.
(2) The three-year
period shall begin from the date of the examination or any part of the examination for which the applicant is first scheduled.
(d) (1) After a period of four months has elapsed, an applicant may repeat any part of the examination.
(2) An applicant shall not repeat any part of the examination unless or until a new version of the examination has been introduced.
(e) Notwithstanding subdivision (c), an applicant who passes a part of the examination shall receive conditional credit for passing that part and may retake the remaining parts.
(f) The period of time designated in subdivision (c) may be extended by the board for a period of time not to exceed one year upon the showing of extraordinary extenuating circumstances.
(g) (1) Successful completion of the Certified Verbatim Reporter (CVR) or Certified Verbatim Reporter-Stenotype (CVR-S) certification administered through the National Verbatim Reporters Association satisfies the requirement to pass the Dictation/Transcription examination under subparagraph (C) of paragraph (1) of subdivision (a).
(2) Applicants who passed the Certified Verbatim Reporter (CVR) or Certified Verbatim Reporter-Stenotype (CVR-S) are subject to the requirements identified under subdivision (a) for the English examination and the Professional Practice examination, all of which must be passed within three consecutive years, pursuant to subdivision (c), to have passed the California state licensing examination.
SEC. 7.
Section 8024.9 is added to the Business and Professions Code, to read:8024.9.
(a) For purposes of this section, “valid email address” means an email address at which the applicant or certificate holder is currently receiving email regarding their licensed activities at the time the application or renewal is submitted to the board. A personal email address of an applicant or certificate holder shall not be considered a valid email address and is not required to be provided by the applicant or certificate holder.(b) An applicant or renewing certificate holder who has a valid email address shall provide that email address to the board at the time of application or renewal.
(c) An applicant or certificate holder shall notify the board within 30 days of any
change to their valid email address on file with the board.
(d) (1) The board shall inform an applicant or certificate holder, at the time of their application for certification or renewal of their certification, that any valid email address submitted to the board is a public record that is subject to disclosure pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(2) The board may, at its discretion, forward communications to a certificate holder’s valid email address that it receives from clients and consumers seeking to obtain a transcript or other timely information from a certificate holder.
(e) The board shall take reasonable actions to encourage applicants and certificate holders to maintain a valid email
address, including by adding a statement to that effect on applications for certification or renewal.
SEC. 8.
Section 8030.2 of the Business and Professions Code is amended to read:8030.2.
(a) (1) 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 funded by a transfer of funds from the Court Reporters’ Fund in the amount of three hundred thousand dollars ($300,000) annually. The board is authorized to transfer funds in increments of one hundred thousand dollars ($100,000) for a total of three hundred thousand dollars ($300,000). 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.(2) If funds are appropriated to the Transcript Reimbursement Fund from a source other than fees received by the board pursuant to subdivision (c) of Section 8031, those funds shall not be subject to the annual transfer limit of three hundred thousand dollars ($300,000) described in paragraph (1).
(b) 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.
(c) 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.
(d) (1) Applicants 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 appearing pro se 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.
(e) 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.
(f) Notwithstanding Section 16346 of the Government Code, all unencumbered funds remaining in the Transcript Reimbursement Fund as of January 1, 2029, shall be transferred to the Court Reporters’ Fund.
(g) This section shall remain in effect only until January 1, 2029, and as of that date is
repealed.
SEC. 9.
Section 8030.4 of the Business and Professions Code is amended to read:8030.4.
As used in this chapter:(a) “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” includes an indigent person appearing pro se to represent themselves at any stage of the case and applying to receive funds from the Transcript Reimbursement Fund established in Section 8030.2.
(b) “Case” means a single legal proceeding from its inception, through all levels of hearing, trial, and appeal, until its ultimate conclusion and disposition.
(c) “Certified shorthand reporter” means a
shorthand reporter certified pursuant to Article 3 (commencing with Section 8020) performing shorthand reporting services pursuant to Section 8017.
(d) “Developmentally Disabled Assistance Act” means the Developmentally Disabled Assistance and Bill of Rights Act of 1975 (Public Law 94-103), as amended.
(e) “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 the client’s 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.
(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 United States Office of Management and Budget.
(B) A person who is eligible for supplemental security income.
(C) A person who is eligible for, or receiving, free services under the federal 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) “Lawyer referral service” means a lawyer referral program authorized by the State Bar of California pursuant to the rules of professional conduct.
(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) “Older Americans Act” means the Older Americans Act of 1965 (Public Law 89-73), as amended.
(j) “Other qualified project” means a nonprofit organization formed for charitable or other public purposes, that does not receive funds from the Legal Services Corporation or pursuant to the federal Older Americans Act, and provides free legal services to indigent persons.
(k) “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.
(l) “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. A legal services project funded, either in whole or in part, by the Legal Services Corporation or with the federal Older Americans Act funds is presumed to be a qualified legal services project for the purposes of this chapter.
(m) “Qualified support center” means an incorporated nonprofit legal services center that has an office or offices in California that provide legal services or technical assistance without charge to qualified legal services projects and their clients on a multicounty basis in California. A support center funded, either in whole or in part, by the Legal Services Corporation or with the federal Older Americans Act funds is presumed to be a qualified legal services project for the purposes of this chapter.
(n) “Rules of professional conduct” means those rules adopted by the State Bar of California pursuant to Sections 6076 and 6077.
(o) “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.
(p) “Vexatious litigant” means a person as defined in subdivision (b) of Section 391 of the Code of Civil Procedure.
(q) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 10.
Section 8030.6 of the Business and Professions Code is amended to read:8030.6.
(a) 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 one-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 pursuant to the following provisions:(1) 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.
(2) Except as provided in paragraph (3), 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:
(A) Regular customary charges for preparation of original deposition transcripts and one copy thereof, or a copy of the transcripts.
(B) Regular customary charges for expedited deposition transcripts up to a maximum of two thousand five hundred dollars ($2,500) per case.
(C) Regular customary charges for the preparation of original transcripts and one copy thereof, or a copy of transcripts of court proceedings.
(D) 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.
(E) The charges shall 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.
(3) The maximum amount reimbursable by the fund under paragraph (2) shall not exceed thirty thousand dollars ($30,000) per case per year.
(4) A vexatious litigant shall be ineligible to receive funds from the Transcript Reimbursement Fund. However, a vexatious litigant may become eligible to receive funds if the vexatious litigant is no longer subject to the provisions of Title 3A (commencing with Section 391) of Part 2 of the Code of Civil Procedure pursuant to Section 391.8 of the Code of Civil Procedure.
(5) Disbursements to cover the costs of providing transcripts to all applicants appearing pro se pursuant to this section shall not exceed two thousand five hundred dollars ($2,500) per case.
(6) If entitled, and funds are available, the board shall disburse the appropriate sum to the applicant or the
certified shorthand reporter when the documentation described in 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 shall 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 notify the applicant that the reimbursed sum has been paid to the certified shorthand reporter and shall notify the applicant of the duty to refund any of the sum actually recovered as costs in the action.
(7) If not entitled, the board shall return a copy of the invoice to the applicant and the designated certified shorthand reporter together with a notice stating the grounds for denial.
(8) 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.
(9) Applications for reimbursements from the fund shall be filed on a first-come-first-served basis.
(10) 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.
(b) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 11.
Section 8030.8 of the Business and Professions Code is amended to read: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 appearing pro se 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 (j), (l), or (m) 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 (k) 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 (e) 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 (j), (l), or (m) 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 if 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, 2029, and as of that date is repealed.
SEC. 12.
Section 8051 of the Business and Professions Code is amended to read:8051.
(a) On and after July 1, 2022, an entity that is not a shorthand reporting corporation may, wherever headquartered in the United States, engage in the conduct described in subdivision (b) of Section 8050 if it is approved for registration by the board after meeting all of the following requirements:(1) The entity pays an initial annual registration fee to the board. Until January 1, 2025, the fee shall be five hundred dollars ($500). On and after January 1, 2025, the fee shall not exceed five hundred dollars ($500) or the board’s cost of administering this section, whichever is less.
(2) The entity has designated a board-certified reporter-in-charge who is a full-time employee of the registered entity
and a resident of California, and who holds a currently valid California license at all times as a certified shorthand reporter where the certificate holder has no restrictions on their license and is not subject to a pending board accusation or investigation at the time of the entity’s application for registration. The reporter-in-charge shall be responsible to the board for an entity’s compliance with all state laws and regulations pertaining to and within the scope of the practice of certified shorthand reporting and any acts of the entity pertaining to and within the scope of the practice of a certificate holder shall be deemed acts of the reporter-in-charge. Nothing in this paragraph shall be construed as permitting the board to restrict, suspend, or revoke the license of a reporter-in-charge for conduct committed or directed by another person unless the reporter-in-charge had knowledge of or knowingly participated in such conduct.
(3) The
entity agrees in the registration to abide by the laws, regulations, and standards of practice applicable to businesses that render shorthand reporting services pursuant to Section 13401 of the Corporations Code, except for the requirements of Sections 8040 and 8044.
(b) An entity shall provide the board with all of the following information for consideration of initial registration pursuant to subdivision (a):
(1) The name and certificate number of the entity’s certified reporter-in-charge.
(2) Whether the entity, a controlling officer or parent corporation of the entity, the entity’s reporter-in-charge, or any of its officers, employees, or independent contractors, has been subject to any enforcement action, relating to the provision of court reporting services, by a state or federal agency within five years before
submitting the initial registration. If so, the entity shall provide the board a copy of the operative complaint with the initial registration.
(3) Whether the entity, within five years before submitting the registration, has settled, or been adjudged to have liability for, a civil complaint alleging the entity or the entity’s reporter-in-charge engaged in misconduct relating to the provision of court reporting services for more than fifty thousand dollars ($50,000).
(4) Any additional documentation the board reasonably deems necessary for consideration in the initial registration process.
(c) Within 90 days of receiving a completed application for initial registration, including any disclosures made pursuant to subdivision (b), the board shall either approve the entity’s registration or deny the application upon a
finding that a substantial risk would be posed to the public, which shall be subsequently provided to the applicant in writing with specificity as to the basis of that finding.
(d) A registration issued by the board pursuant to this section shall be valid for one year, at which time it may be approved for renewal by the board upon meeting the requirements of subdivision (a).
(e) A registered entity shall notify the board in writing within 30 days of the date when a reporter-in-charge ceases to act as the reporter-in-charge and propose another certificate holder to take over as the reporter-in-charge. The proposed replacement reporter-in-charge shall be subject to approval by the board. If disapproved, the entity shall propose another replacement within 15 days of the date of disapproval and shall continue to name proposed replacements until a reporter-in-charge is approved by the
board.
(f) The board shall revoke the registration of an entity if the board determines the entity:
(1) Engaged, in whole or in part, through officers, employees, or independent contractors that are not certificate holders, in acts that are within the scope of practice of a certificate holder, unless otherwise permitted by law.
(2) Directed or authorized the reporter-in-charge to violate state laws or regulations pertaining to shorthand reporting or offering financial incentives to the reporter-in-charge for engaging in acts that violate state law.
(g) In addition to revoking an entity’s registration as required by subdivision (f), a registration issued under this section may be revoked, suspended, denied, restricted, or subjected to other disciplinary
action as the board deems fit for violations of the laws or regulations pertaining to shorthand reporting by the entity’s officers, employees, or independent contractors, including the issuance of citations and fines.
(h) The board shall consider suspending the registration of an entity for a minimum of one year if the license of its reporter-in-charge is suspended or revoked for violating this section more than twice in a consecutive five-year period.
(i) An entity shall have the right to reasonable notice and opportunity to comment to and before the board regarding any determination to deny or revoke registration before that determination becomes final. An entity may seek review of a board decision to deny or revoke registration under this section either in an administrative hearing under Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code or through an action brought pursuant to Section 1085 of the Code of Civil Procedure.
(j) A certificate holder shall not engage in the practice of shorthand reporting on behalf of an entity that the reporter knows or should know is not registered with the board and shall verify whether a person or entity is registered with the board before engaging in the practice of shorthand reporting on behalf of that person or entity.
(k) The board shall create and make available on its internet website a directory of registered entities. The board shall not take action against a certificate holder solely for a violation of subdivision (j) if the certificate holder reasonably relied on the board’s directory stating that the entity was registered at the time.
(l) The board may adopt regulations to implement this
section, including emergency regulations during the years 2022 and 2023. The executive functions delegated to the board pursuant to Section 8005 include the discretion to inform the public of information that would be or is a public record regarding shorthand reporting corporations operating in this state.
(m) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
