AB 3252: Shorthand court reporters: sunset: certification.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2024-09-25
Current Status:
Passed
(2024-09-25: Chaptered by Secretary of State - Chapter 587, Statutes of 2024.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
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 boards 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.
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 boards 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.
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, commencing July 1, 2025, and until January 1, 2029, would entitle a person to obtain a certificate as an Associate Court Reporter Trainee if certain requirements are met, including that the person presents satisfactory evidence to the board of a valid certification, as specified. As a condition to becoming fully certified, as specified, the bill would require a person who serves as an official reporter under an Associate Court Reporter Trainee certification to receive a passing grade on a specified examination no later than one year after obtaining the certificate. The bill would authorize a person to serve as an official reporter under the certificate issued pursuant to these provisions if an appointing court has hired them to serve as an official reporter. The bill would impose various requirements on an appointing court, including that an appointing court is required to consider priority placement in family courtrooms and other understaffed courtrooms when assigning a trainee.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 examinations. 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 boards 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 include 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.
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 reporter, whether appearing in person or through the use of remote technology, to state on the record their CSR number 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, commencing July 1, 2025, and until January 1, 2029, would entitle a person to obtain a certificate as an Associate Court Reporter Trainee if certain requirements are met, including that the person presents satisfactory evidence to the board of a valid certification, as specified. As a condition to becoming fully certified, as specified, the bill would require a person who serves as an official reporter under an Associate Court Reporter Trainee certification to receive a passing grade on a specified examination no later than one year after obtaining the certificate. The bill would authorize a person to serve as an official reporter under the certificate issued pursuant to these provisions if an appointing court has hired them to serve as an official reporter. The bill would impose various requirements on an appointing court, including that an appointing court is required to consider priority placement in family courtrooms and other understaffed courtrooms when assigning a trainee.
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 boards 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 include 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.
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 to state on the record their CSR number 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.
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, until January 1, 2029, would entitle a person to obtain a certificate as an Associate Court Reporter Trainee if certain requirements are met, including that the person presents satisfactory evidence to the board of a valid certification, as specified. As a condition to becoming fully certified, as specified, the bill would require a person who serves as an official reporter under an Associate Court Reporter Trainee certification to receive a passing grade on a specified examination no later than one year after obtaining the certificate. The bill would authorize a person to serve as an official reporter under the certificate issued pursuant to these provisions if an appointing court has hired them to serve as an official reporter. The bill would impose various requirements on an appointing court, including that an appointing court is required to consider priority placement in family courtrooms and other understaffed courtrooms when assigning a trainee.
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 boards 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 include 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.
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 to state on the record their CSR number 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.
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 boards 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 include 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.
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.
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 boards 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 establishes the Court Reporters Board of California within the Department of Consumer Affairs and sets forth the boards powers and duties relating to the licensure and regulation of shorthand reporters. 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 include 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.
Existing law establishes the Court Reporters Board of California within the Department of Consumer Affairs and sets forth the boards powers and duties relating to the licensure and regulation of shorthand reporters. 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 include 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.
(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 holders 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 boards 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 attorneys 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 applicants fee waiver withdrawn or denied retroactively pursuant to Section 68636 of the Government Code, within 90 days of the courts 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 clients 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 reporters 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 attorneys fees awarded to the applicant by the court or provided for in any settlement agreement in the case.
(7)The certified shorthand reporters 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 boards 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 entitys application for registration. The reporter-in-charge shall be responsible to the board for an entitys 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 entitys certified reporter-in-charge.
(2)Whether the entity, a controlling officer or parent corporation of the entity, the entitys 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 entitys 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 entitys 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 entitys 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 entitys 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 boards 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.
SEC. 13.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
(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 holders 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 boards 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 attorneys 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 applicants fee waiver withdrawn or denied retroactively pursuant to Section 68636 of the Government Code, within 90 days of the courts 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 clients 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 reporters 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 attorneys fees awarded to the applicant by the court or provided for in any settlement agreement in the case.
(7)The certified shorthand reporters 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 boards 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 entitys application for registration. The reporter-in-charge shall be responsible to the board for an entitys 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 entitys certified reporter-in-charge.
(2)Whether the entity, a controlling officer or parent corporation of the entity, the entitys 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 entitys 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 entitys 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 entitys 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 entitys 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 boards 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.
SEC. 13.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
(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 judicial assistant 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 passing grade on the California state hearing reporters examination. (e)(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. 5.Section 8020.5 is added to the Business and Professions Code, to read:8020.5.(a)(1)Notwithstanding any other provision of this chapter, a person over 18 years of age, 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, shall be entitled to an Associate Court Reporter Trainee certificate for the purpose of serving as an official reporter as that term is used in Article 9 (commencing with Section 69941) of Chapter 5 of Title 8 of the Government Code, if all of the following requirements are satisfied:(A)The person presents satisfactory evidence to the board of any of the following certifications:(i)A valid Registered Professional Reporter certification issued by the National Court Reporters Association.(ii)A valid Certified Verbatim Reporter certification issued by the National Verbatim Reporters Association.(iii)A valid Certified Verbatim Reporter-Stenotype certification issued by the National Verbatim Reporters Association.(B)The person presents satisfactory evidence to the board of 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 Division 24 of Title 16 of the California Code of Regulations.(C)The person has taken and received a passing grade on Part 1, English, and Part 2, Professional Practice, of the State Licensing Examination, and has taken and received at least a 95 percent on Part 3, Dictation/Transcription, of the State Licensing Examination.(2)A person who serves as an official reporter under an Associate Court Reporter Trainee certificate issued pursuant to this section shall not perform any reporting duties other than those of an official reporter. The board shall indicate on each Associate Court Reporter Trainee certificate that the certificate holder is an Associate Court Reporter Trainee who is only authorized to provide court reporting services as an employee of a court.(3)(A)A person who serves as an official reporter under an Associate Court Reporter Trainee certificate issued pursuant to this section shall only be deemed to be fully certified pursuant to Section 8024 if they have received a passing grade on Part 3 of the State Licensing Examination no later than one year after obtaining the Associate Court Reporter Trainee certificate.(B)Notwithstanding subdivision (c) of Section 8024, a person shall not serve as an official reporter under an Associate Court Reporter Trainee certificate issued pursuant to this section for a cumulative period of more than one year.(b)A person may serve as an official reporter under the Associate Court Reporter Trainee certificate issued pursuant to this section if an appointing court has hired the person to serve as an official reporter.(1)When assigning an Associate Court Reporter Trainee, the appointing court shall consider priority placement in family courtrooms and other understaffed courtrooms.(2)The appointing court shall create a list of official reporters who have voluntarily agreed to serve as a mentor and shall assign an official reporter from that list to serve as the Associate Court Reporter Trainees mentor.(A)Only an individual who has served as an official reporter for at least five years shall be eligible to serve as a mentor to an Associate Court Reporter Trainee.(B)The appointing court shall provide both the mentor and the Associate Court Reporter Trainee a reasonable amount of time each week to meet during regularly scheduled work hours.(C)The appointing court and the exclusive representative of official reporters shall meet to identify and resolve, by mutual agreement, any matters necessary to ensure the success of the training and mentorship program.(D)A court that is unable to secure sufficient official reporters to serve as a mentor shall contact the California Court Reporters Association for a list of qualified mentors.(3)The appointing court shall treat an Associate Court Reporter Trainee as equivalent to other official reporters employed by the court, including for purposes of compensation, benefits, classification, seniority, job description, and bargaining units.(c)Except as provided elsewhere in this section, a person who serves as an official reporter under an Associate Court Reporter Trainee certificate issued pursuant to this section shall have the same duties, responsibilities, authorities, and requirements as a person who serves as a certified shorthand reporter under a certificate issued pursuant to Section 8020.(d)The same fees that apply to the issuance of a certificate pursuant to Section 8020 shall apply to the issuance of an Associate Court Reporter Trainee certificate pursuant to this section.(e)The provisions of Sections 8025, 8025.1, and 8026 shall apply to a holder of an Associate Court Reporter Trainee certificate pursuant to this section in the same manner as those provisions apply to certificate holders under Section 8024.(f)This section shall become operative on July 1, 2025, shall remain in effect only until January 1, 2029, and as of that date is repealed.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. 6. 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 holders 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. 7.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 boards 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 attorneys 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 applicants fee waiver withdrawn or denied retroactively pursuant to Section 68636 of the Government Code, within 90 days of the courts 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. 8.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 clients 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. 9.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 reporters 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. 10.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 attorneys fees awarded to the applicant by the court or provided for in any settlement agreement in the case.
(7)The certified shorthand reporters 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. 11.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 boards 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 entitys application for registration. The reporter-in-charge shall be responsible to the board for an entitys 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 entitys certified reporter-in-charge.
(2)Whether the entity, a controlling officer or parent corporation of the entity, the entitys 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 entitys 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 entitys 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 entitys 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 entitys 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 boards 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.
SEC. 12.SEC. 13.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
(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 reporter, whether appearing in person or through the use of remote technology, shall state on the record their CSR number 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 judicial assistant 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 8020.5 is added to the Business and Professions Code, to read:8020.5.(a)(1)Notwithstanding any other provision of this chapter, a person over 18 years of age, 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, shall be entitled to an Associate Court Reporter Trainee certificate for the purpose of serving as an official reporter as that term is used in Article 9 (commencing with Section 69941) of Chapter 5 of Title 8 of the Government Code, if all of the following requirements are satisfied:
(A)The person presents satisfactory evidence to the board of any of the following certifications:
(i)A valid Registered Professional Reporter certification issued by the National Court Reporters Association.
(ii)A valid Certified Verbatim Reporter certification issued by the National Verbatim Reporters Association.
(iii)A valid Certified Verbatim Reporter-Stenotype certification issued by the National Verbatim Reporters Association.
(B)The person presents satisfactory evidence to the board of 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 Division 24 of Title 16 of the California Code of Regulations.
(C)The person has taken and received a passing grade on Part 1, English, and Part 2, Professional Practice, of the State Licensing Examination, and has taken and received at least a 95 percent on Part 3, Dictation/Transcription, of the State Licensing Examination.
(2)A person who serves as an official reporter under an Associate Court Reporter Trainee certificate issued pursuant to this section shall not perform any reporting duties other than those of an official reporter. The board shall indicate on each Associate Court Reporter Trainee certificate that the certificate holder is an Associate Court Reporter Trainee who is only authorized to provide court reporting services as an employee of a court.
(3)(A)A person who serves as an official reporter under an Associate Court Reporter Trainee certificate issued pursuant to this section shall only be deemed to be fully certified pursuant to Section 8024 if they have received a passing grade on Part 3 of the State Licensing Examination no later than one year after obtaining the Associate Court Reporter Trainee certificate.
(B)Notwithstanding subdivision (c) of Section 8024, a person shall not serve as an official reporter under an Associate Court Reporter Trainee certificate issued pursuant to this section for a cumulative period of more than one year.
(b)A person may serve as an official reporter under the Associate Court Reporter Trainee certificate issued pursuant to this section if an appointing court has hired the person to serve as an official reporter.
(1)When assigning an Associate Court Reporter Trainee, the appointing court shall consider priority placement in family courtrooms and other understaffed courtrooms.
(2)The appointing court shall create a list of official reporters who have voluntarily agreed to serve as a mentor and shall assign an official reporter from that list to serve as the Associate Court Reporter Trainees mentor.
(A)Only an individual who has served as an official reporter for at least five years shall be eligible to serve as a mentor to an Associate Court Reporter Trainee.
(B)The appointing court shall provide both the mentor and the Associate Court Reporter Trainee a reasonable amount of time each week to meet during regularly scheduled work hours.
(C)The appointing court and the exclusive representative of official reporters shall meet to identify and resolve, by mutual agreement, any matters necessary to ensure the success of the training and mentorship program.
(D)A court that is unable to secure sufficient official reporters to serve as a mentor shall contact the California Court Reporters Association for a list of qualified mentors.
(3)The appointing court shall treat an Associate Court Reporter Trainee as equivalent to other official reporters employed by the court, including for purposes of compensation, benefits, classification, seniority, job description, and bargaining units.
(c)Except as provided elsewhere in this section, a person who serves as an official reporter under an Associate Court Reporter Trainee certificate issued pursuant to this section shall have the same duties, responsibilities, authorities authorities, and requirements as a person who serves as a certified shorthand reporter under a certificate issued pursuant to Section 8020.
(d)The same fees that apply to the issuance of a certificate pursuant to Section 8020 shall apply to the issuance of an Associate Court Reporter Trainee certificate pursuant to this section.
(e)The provisions of sections Sections 8025, 8025.1, and 8026, 8026 shall apply to a holder of an Associate Court Reporter Trainee certificate pursuant to this section in the same manner as those provisions apply to certificate holders under Section 8024.
(f)This section shall become operative on July 1, 2025, shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 6.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 holders 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. 7.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 boards 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 attorneys 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 applicants fee waiver withdrawn or denied retroactively pursuant to Section 68636 of the Government Code, within 90 days of the courts 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. 8.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 clients 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. 9.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 reporters 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. 10.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 attorneys fees awarded to the applicant by the court or provided for in any settlement agreement in the case.
(7)The certified shorthand reporters 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. 11.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 boards 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 entitys application for registration. The reporter-in-charge shall be responsible to the board for an entitys 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 entitys certified reporter-in-charge.
(2)Whether the entity, a controlling officer or parent corporation of the entity, the entitys 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 entitys 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 entitys 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 entitys 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 entitys 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 boards 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.
SEC. 12.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
(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)A certified shorthand reporter shall state on the record their CSR number at the beginning of a proceeding, deposition, or other matter for transcription as described in Section 8017.
(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 8020.5 is added to the Business and Professions Code, to read:8020.5.(a)(1)Notwithstanding any other provision of this chapter, a person over 18 years of age, 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, shall be entitled to an Associate Court Reporter Trainee certificate for the purpose of serving as an official reporter as that term is used in Article 9 (commencing with Section 69941) of Chapter 5 of Title 8 of the Government Code, if all of the following requirements are satisfied:
(A)The person presents satisfactory evidence to the board of any of the following certifications:
(i)A valid Registered Professional Reporter certification issued by the National Court Reporters Association.
(ii)A valid Certified Verbatim Reporter certification issued by the National Verbatim Reporters Association.
(iii)A valid Certified Verbatim Reporter-Stenotype certification issued by the National Verbatim Reporters Association.
(B)The person presents satisfactory evidence to the board of 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 Division 24 of Title 16 of the California Code of Regulations.
(C)The person has taken and received a passing grade on Part 1, English, and Part 2, Professional Practice, of the State Licensing Examination, and has taken and received at least a 95 percent on Part 3, Dictation/Transcription, of the State Licensing Examination.
(2)A person who serves as an official reporter under an Associate Court Reporter Trainee certificate issued pursuant to this section shall not perform any reporting duties other than those of an official reporter. The board shall indicate on each Associate Court Reporter Trainee certificate that the certificate holder is an Associate Court Reporter Trainee who is only authorized to provide court reporting services as an employee of a court.
(3)(A)A person who serves as an official reporter under an Associate Court Reporter Trainee certificate issued pursuant to this section shall only be deemed to be fully certified pursuant to Section 8024 if they have received a passing grade on Part 3 of the State Licensing Examination no later than one year after obtaining the Associate Court Reporter Trainee certificate.
(B)Notwithstanding subdivision (c) of Section 8024, a person shall not serve as an official reporter under an Associate Court Reporter Trainee certificate issued pursuant to this section for a cumulative period of more than one year.
(b)A person may serve as an official reporter under the Associate Court Reporter Trainee certificate issued pursuant to this section if an appointing court has hired the person to serve as an official reporter.
(1)When assigning an Associate Court Reporter Trainee, the appointing court shall consider priority placement in family courtrooms and other understaffed courtrooms.
(2)The appointing court shall create a list of official reporters who have voluntarily agreed to serve as a mentor and shall assign an official reporter from that list to serve as the Associate Court Reporter Trainees mentor.
(A)Only an individual who has served as an official reporter for at least five years shall be eligible to serve as a mentor to an Associate Court Reporter Trainee.
(B)The appointing court shall provide both the mentor and the Associate Court Reporter Trainee a reasonable amount of time each week to meet during regularly scheduled work hours.
(C)The appointing court and the exclusive representative of official reporters shall meet to identify and resolve, by mutual agreement, any matters necessary to ensure the success of the training and mentorship program.
(D)A court that is unable to secure sufficient official reporters to serve as a mentor shall contact the California Court Reporters Association for a list of qualified mentors.
(3)The appointing court shall treat an Associate Court Reporter Trainee as equivalent to other official reporters employed by the court, including for purposes of compensation, benefits, classification, seniority, job description, and bargaining units.
(c)Except as provided elsewhere in this section, a person who serves as an official reporter under an Associate Court Reporter Trainee certificate issued pursuant to this section shall have the same duties, responsibilities, authorities and requirements as a person who serves as a certified shorthand reporter under a certificate issued pursuant to Section 8020.
(d)The same fees that apply to the issuance of a certificate pursuant to Section 8020 shall apply to the issuance of an Associate Court Reporter Trainee certificate pursuant to this section.
(e)The provisions of sections 8025, 8025.1, and 8026, shall apply to a holder of an Associate Court Reporter Trainee certificate pursuant to this section in the same manner as those provisions apply to certificate holders under Section 8024.
(f)This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 5.SEC. 6.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 holders valid email address that it receives from clients and consumers seeking to obtain a transcript or other timely information from a certificate holder.
SEC. 6.SEC. 7.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 boards 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 attorneys 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 applicants fee waiver withdrawn or denied retroactively pursuant to Section 68636 of the Government Code, within 90 days of the courts 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. 7.SEC. 8.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 clients 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. 8.SEC. 9.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 reporters 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. 9.SEC. 10.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 attorneys fees awarded to the applicant by the court or provided for in any settlement agreement in the case.
(7)The certified shorthand reporters 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. 10.SEC. 11.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 boards 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 entitys application for registration. The reporter-in-charge shall be responsible to the board for an entitys 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 entitys certified reporter-in-charge.
(2)Whether the entity, a controlling officer or parent corporation of the entity, the entitys 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 entitys 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 entitys 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 entitys 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 entitys 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 boards 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.
SEC. 11.SEC. 12.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
(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)A certified shorthand reporter shall state on the record their CSR number at the beginning of a proceeding, deposition, or other matter for transcription as described in Section 8017.
This(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. 3.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 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 holders valid email address that it receives from clients and consumers seeking to obtain a transcript or other timely information from a certificate holder.
SEC. 4.SEC. 6.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 boards 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 attorneys 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 applicants fee waiver withdrawn or denied retroactively pursuant to Section 68636 of the Government Code, within 90 days of the courts 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, 2025, 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. 5.SEC. 7.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 clients 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. 6.SEC. 8.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 reporters 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. 7.SEC. 9.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 attorneys fees awarded to the applicant by the court or provided for in any settlement agreement in the case.
(7)The certified shorthand reporters 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. 8.SEC. 10.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 boards 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 entitys application for registration. The reporter-in-charge shall be responsible to the board for an entitys 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 entitys certified reporter-in-charge.
(2)Whether the entity, a controlling officer or parent corporation of the entity, the entitys 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 entitys 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 entitys 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 entitys 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 entitys 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 boards 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.
SEC. 9.SEC. 11.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
(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, 2025, 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, 2025, 2029, and as of that date is repealed.
SECTION 1.SEC. 3.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. 4.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 boards 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 attorneys 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 applicants fee waiver withdrawn or denied retroactively pursuant to Section 68636 of the Government Code, within 90 days of the courts 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, 2025, shall be transferred to the Court Reporters Fund.
(g)This section shall remain in effect only until January 1, 2025, 2029, and as of that date is repealed.
SEC. 5.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 themself 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 clients 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, 2025, 2029, and as of that date is repealed.
SEC. 6.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 reporters 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 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, 2025, 2029, and as of that date is repealed.
SEC. 7.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 attorneys fees awarded to the applicant by the court or provided for in any settlement agreement in the case.
(7)The certified shorthand reporters 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, 2025, 2029, and as of that date is repealed.
SEC. 8.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 boards 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 entitys application for registration. The reporter-in-charge shall be responsible to the board for an entitys 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 entitys certified reporter-in-charge.
(2)Whether the entity, a controlling officer or parent corporation of the entity, the entitys 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 entitys 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 entitys 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 entitys 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 entitys 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 boards 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, 2025, 2029, and as of that date is repealed.
SEC. 2.SEC. 9.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
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, or 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. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
|
Date
|
Status
|
|---|---|
| Sep 25, 2024 | Chaptered by Secretary of State - Chapter 587, Statutes of 2024. |
| Sep 25, 2024 | Approved by the Governor. |
| Sep 6, 2024 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 28, 2024 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 75. Noes 0.). |
| Aug 28, 2024 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77. |
| Aug 28, 2024 | Assembly Rule 77 suspended. |
| Aug 27, 2024 | Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0.). |
| Aug 26, 2024 | Read second time. Ordered to third reading. |
| Aug 23, 2024 | Read third time and amended. Ordered to second reading. |
| Aug 21, 2024 | Read second time. Ordered to third reading. |
| Aug 20, 2024 | Read third time and amended. Ordered to second reading. |
| Aug 19, 2024 | Read second time. Ordered to third reading. |
| Aug 15, 2024 | From committee: Do pass. (Ayes 7. Noes 0.) (August 15). |
| Aug 5, 2024 | In committee: Referred to suspense file. |
| Jul 3, 2024 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul 2, 2024 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (July 1). |
| Jun 20, 2024 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E. D. |
| Jun 5, 2024 | Referred to Com. on B., P. & E. D. |
| May 23, 2024 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 22, 2024 | Read third time. Passed. Ordered to the Senate. (Ayes 71. Noes 0. Page 5533.) |
| May 20, 2024 | Read second time. Ordered to third reading. |
| May 16, 2024 | From committee: Do pass. (Ayes 15. Noes 0.) (May 16). |
| May 8, 2024 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 23, 2024 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 17. Noes 0.) (April 23). Re-referred to Com. on APPR. |
| Apr 18, 2024 | Re-referred to Com. on B. & P. |
| Apr 17, 2024 | From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended. |
| Mar 11, 2024 | Referred to Com. on B. & P. |
| Feb 17, 2024 | From printer. May be heard in committee March 18. |
| Feb 16, 2024 | Read first time. To print. |
|
Date
|
Description
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Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 28, 2024 | AB 3252 Berman Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 27, 2024 | Assembly 3rd Reading AB3252 Berman et al. By Ashby | Senate Floor |
Passed |
|
| Aug 15, 2024 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 5, 2024 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 1, 2024 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Business, Professions and Economic Development |
Passed |
|
| May 22, 2024 | AB 3252 Business and Professions Assembly Third Reading By BERMAN | Assembly Floor |
Passed |
|
| May 16, 2024 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 23, 2024 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Business and Professions |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Deposition Reporters Association | * Support | Jul 1, 2024 |
| SEIU California | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 3252
Author:(Berman)
As Amended Ver:August 23, 2024
2/3 vote
SUMMARY
Extends the sunset date for the Court Reporters Board (CRB) until January 1, 2029 and makes additional technical changes, statutory improvements, and policy reforms in response to issues raised during the CRB's sunset review oversight process.
Senate Amendments
- Require a certified shorthand reporter (CSR) to state on the record their full name and license number, as each appears on their certificate issued by the CRB, at the beginning of a proceeding, deposition, or other matter for transcription.
- Authorize the CRB to require applicants and licensees to provide an email address at which they receive email regarding their licensed activities, if they have one.
- Codify the examination requirements for an applicant to receive a CSR license and provide that individuals who hold a national certification shall be deemed to meet specified portions of those requirements.
COMMENTS
Sunset review. In order to ensure that California's myriad professional boards and bureaus are meeting the state's public protection priorities, authorizing statutes for these regulatory bodies are subject to statutory dates of repeal, at which point the entity "sunsets" unless the date is extended by the Legislature. The sunset oversight process provides a regular forum for discussion around the successes and challenges of various programs and the consideration of proposed changes to laws governing the regulation of professionals. Currently, the sunset review process applies to approximately three dozen different boards and bureaus under the Department of Consumer Affairs, as well as the Department of Real Estate and three nongovernmental nonprofit councils.
On a schedule averaging every four years, each entity is required to present a report to the Legislature's policy committees, which in return prepare a comprehensive background paper on the efficacy and efficiency of their licensing and enforcement programs. Both the Administration and regulated professional stakeholders actively engage in this process. Legislation is then subsequently introduced extending the repeal date for the entity along with any reforms identified during the sunset review process.
Court Reporters Board. The CRB is responsible for regulating shorthand reporting professionals in the state. The practice of shorthand reporting consists of making a verbatim record of a court hearing, deposition, or other litigation-related proceeding where an accurate transcript is essential. Traditional stenographic shorthand reporting is performed by composing written symbols or abbreviations in shorthand or machine writing; however, the practice has recently been expanded to include voice writing, wherein the verbatim record is created through use of a closed microphone voice dictation silencer, steno mask, or similar device using oral shorthand and voice notes. The CRB also approves court reporting schools and oversees the TRF.
Transcript Reimbursement Fund. Issue #3 in the CRB's sunset background paper discussed the CRB's administration of the TRF, a special fund fully financed by a portion of the revenue from fees charged to CSRs and registered firms. Per statute, fee revenue in excess of funds needed to support the Board's operating budget for the fiscal year is transferred to the TRF to reimburse indigent and low-income persons, as well as pro se litigants, for shorthand reporter transcript costs. When there is sufficient revenue to sustain the CRB's operations for at least six months of its operating budget, statute provides that $300,000 be transferred to the TRF each year in $100,000 increments.
The TRF consists of a Pro Bono program (used to reimburse costs incurred by attorneys representing litigants at no cost to the litigant) and a Pro Per Program (used to reimburse costs for pro se litigants representing themselves), both of which ensure all litigants have access to court reporting transcripts for civil cases. Historically, the TRF was underutilized by indigent and low-income litigants represented by pro bono attorneys or qualified non-profit entities. The Pro Per Program was subsequently created in order to maximize the benefits of the TRF and expand access to justice for those most in need. This bill would extend the TRF and its implementing statutes by an additional four years.
License Verification. Issue #5 in the CRB's sunset background paper discussed issues relating to digital monitors, who are not CSRs but who record proceedings electronically to be transcribed by someone else. In its sunset report, the CRB explained that this type of recording is currently not regulated and suggested that attorneys often do not know that this form of recording is taking place until the end of the proceeding (if at all) and may be under the assumption that a certified shorthand reporter is handling the reporting and transcribing of the proceeding.
In its sunset report, the CRB recommended the enactment of legislation requiring a court reporter to state their name and license number on the record before beginning to report a proceeding, which the CRB believes would serve to further protect consumers from unlicensed activity. This bill would effectuate that recommendation and require CSRs to provide their name and license number prior to engaging in a proceeding. In situations where a CSR is appearing in more than one case on a court calendar, the CSR would be allowed to provide that information to the judicial assistant prior to the first proceeding.
Court Reporting Firms. Issue #11 in the CRB's sunset background paper discussed recently enacted registration requirements on court reporting corporations. During the CRB's 2015 sunset review, it was noted that there was a substantial amount of unlicensed activity relating to foreign corporations who offered court reporting services in California without authorization from the CRB. A task force determined that a legislative fix was necessary to address this issue, which led to several years of attempted legislation to provide for meaningful oversight of unlicensed out-of-state firms by the CRB.
During the CRB's 2019 sunset review, the background paper analyzed the issue of out-of-state firms and concluded: "Given the recent court ruling, the Committees may wish to consider whether it would be appropriate to revisit the issue of requiring out-of-state firms to register with the Board if they are engaged in arranging for shorthand reporting services." Legislation to create a regulatory framework for out-of-state firms to provide shorthand reporting services within California by registering with the CRB was ultimately enacted as part of Senate Bill 241 (Umberg) in 2021. The provisions in the bill, which were substantially similar to language proposed during the CRB's 2019 sunset review, give the CRB clear statutory oversight over firms outside of California by requiring all court reporting firms to designate a licensed representative who is accountable to the CRB. This is accomplished through a concept referred to as the "reporter-in-charge" mechanism.
Under the CRB's new registration program, every firm owned by a nonlicensee seeking to provide services within California must register with the CRB and designate one professional who holds a certificate issued by the CRB who is responsible for ensuring compliance with California law. This enables the CRB to utilize its existing authority to regulate firms that would otherwise be considered outside its jurisdiction. While not every employee of the firm must be certificated, an accountable representative of the firm would be entirely subject to existing CRB regulation. Every registered firm, through its reporter-in-charge, is therefore responsible for complying with all laws and regulations relating to shorthand reporting in California, and firm registrations may be revoked, suspended, denied, restricted, or subjected to other disciplinary action as the CRB deems fit for violations of law.
Registration of court reporting firms began in July of 2022, and as of July 1, 2023, there were 213 firms registered with the CRB. In its report to the Committees, the CRB refers to the registration program as "a huge benefit to the consumers of California" and states that the Board is now able to investigate and act when there are violations of California law. This bill would extend the CRB's registration program by an additional four years.
Additional Title Protection. Issue #12 in the CRB's sunset background paper posed the question as to whether the term "voice writer" should be reserved for use only by individuals in possession of an applicable certificate from the CRB. Statute has long prohibited any person other than a CSR from using the title "certified shorthand reporter," or the abbreviation "C.S.R.," or any other words or symbols indicating or tending to indicate that they are certified by the CRB. In 2022, Assembly Bill 156 (Committee on Budget) expanded this list of protected titles and terms to additionally protect the phrases "stenographer," "reporter," "court reporter," "deposition reporter," or "digital reporter," in combination with words or phrases related to the practice of shorthand reporting that indicate certification. However, while that bill also expanded the practice of a CSR to include voice writing, it did not reserve the term "voice writer" for use by CSRs. This bill would add "voice writer" to the list of protected titles.
Workforce Shortages. Issue #15 in the CRB's sunset background paper discussed persistent concerns about the need to address increasing challenges in sustaining and growing the supply of shorthand reporters. Any proposals to allow courts to employ lesser-trained professionals, or to utilize technologies that undermine the role of a licensed reporter, have been subjected to cogent arguments about the compelling need to ensure the complete, accurate, and impartial production of a record for all court proceedings as an essential element of equal access to justice. However, the inadequate availability of CSRs in California is a problem that is both widely recognized and arguably growing. In FY 2014-15, there were 6,848 active CSRs in California; by FY 2017-18 this number had fallen to 5,886 active CSRs; this year, there was a reported 4,752 active CSRs in the state.
This consistent downward trend over the past decade reflects a more than 30 percent decrease in the CSR population, with no immediate evidence of impending reversal. The diminishing population of licensed reporters has been blamed by various parties on various factors, including an alleged "aging out" of the profession, low passage rates for the CSR examination, and the closure of court reporting schools. Regardless of whether there is any clear cause for the decreasing workforce, what remains undeniable are both the present and potential impacts on the rights and responsibilities of all parties in the judicial process.
This bill would seek to address workforce deficiencies in the court reporting profession by codifying and revising examination requirements for CSR applicants. Currently, a majority of applicants qualify to take the CSR examination through completion of a training program from a recognized court reporting school. If an applicant graduates from a program outside of California, to qualify to take the CSR examination they must possess a certificate from the National Court Reporters Association or from the National Verbatim Reporters Association demonstrating proficiency in machine shorthand reporting or voice writing.
As discussed in Issue #9 of the CRB's sunset background paper, the CRB's regulations establish the state's CSR license examination of consisting of three parts, with the third part historically having the lowest passage rate. The failure rate for the skilled portion of the examination for all candidates has averaged 70 percent to 80 percent each year and was as high as 94.5 percent in FY 2018-19. It has historically been argued that this low passage rate has further exacerbated the ongoing workforce issues within the shorthand reporting profession. During its July 12, 2024 meeting, staff for the CRB recommended that the board implement reciprocity with the skills portion of the national Certified Verbatim Reporter examination to require holders of the national certification to only take the written portions of the examination. This bill would effectuate that recommendation.
Continued Regulation. Issue #17 in the CRB's sunset background paper evaluated whether the licensing of shorthand reporters be continued and be regulated by the CRB. The background paper concluded that while debate will persist regarding how California should move into the future with regards to the shorthand reporting profession and how new technologies should be incorporated into the judicial system, the ongoing need for strong regulation and oversight of shorthand reporters is clear. The background paper recommended that the CRB should be continued so that its important work may continue as the Legislature engages in further discussions regarding how to balance the interests of all stakeholders in pursuit of the universally shared goals of promoting the profession and preserving access to a fair and accurate record of all court proceedings. This bill would extend the CRB's sunset dates by four years.
According to the Author
"This bill is the sunset review vehicle for the Court Reporters Board, authored by the Assembly Committee on Business and Professions. The bill extends the sunset date for the CRB and enacts technical changes, statutory improvements, and policy reforms in response to issues raised during the CRB's sunset review oversight process."
Arguments in Support
SEIU California supports this bill, writing that the bill would "align the California court reporter licensing exam with the national court reporter licensing exam to make the profession more accessible while maintaining high standards for speed and accuracy."
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Senate Committee on Appropriations, unknown additional workload for the CRB to administer the new Associate Court Reporter Trainee certificate depending on the number of applicants who apply for the certificate; one-time IT cost of $30,000 to create the new license type.
VOTES:
ASM BUSINESS AND PROFESSIONS: 17-0-1
YES: Berman, Flora, Alanis, Bains, Juan Carrillo, Chen, Dixon, Aguiar-Curry, Irwin, Jackson, Lowenthal, McKinnor, Stephanie Nguyen, Pellerin, Sanchez, Soria, Zbur
ABS, ABST OR NV: Low
ASM APPROPRIATIONS: 15-0-0
YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua
ASSEMBLY FLOOR: 71-0-9
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Flora, Mike Fong, Vince Fong, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
ABS, ABST OR NV: Calderon, Cervantes, Megan Dahle, Essayli, Friedman, Holden, Mathis, Joe Patterson, Luz Rivas
SENATE FLOOR: 39-0-1
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: Nguyen
UPDATED
VERSION: August 23, 2024
CONSULTANT: Robert Sumner / B. & P. / (916) 319-3301 FN: 0004869
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 3252 |
THIRD READING
Bill No: AB 3252
Author: Berman (D), et al.
Amended: 8/23/24 in Senate
Vote: 27
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 12-0, 7/1/24
AYES: Ashby, Alvarado-Gil, Archuleta, Becker, Dodd, Eggman, Glazer, Menjivar, Niello, Roth, Smallwood-Cuevas, Wilk
NO VOTE RECORDED: Nguyen
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/15/24
AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab
ASSEMBLY FLOOR: 71-0, 5/22/24 - See last page for vote
SUBJECT: Shorthand court reporters: sunset: certification
SOURCE: Author
DIGEST:
This bill (a) extends the operation of the Court Reporters Board (CRB) and its authority to appoint an executive officer (EO) until January 1, 2029; (b) extends the operations of the transcript reimbursement fund (TRF) and the CRB’s firm registration program until January 1, 2029; (c) requires applicants for licensure and renewal to provide a valid email address, as defined; (d) authorizes a the holder of a specified national certification to meet a specified examination requirement and, (e) requires a shorthand reporter to provide their certificate number prior to commencing a proceeding.
Senate Floor Amendments of 8/23/24 delete provisions related to an associate court reporter trainee certificate, revise current requirements for licensure by authorizing permit applicants who hold a specified national certification to have met the Part 3 examination requirement, and replace the term “judicial assistant” with “clerk”.
ANALYSIS:
Existing law:
- Establishes the CRB under the jurisdiction of the Department of Consumer Affairs to license and regulate certified shorthand reporters (CSR), and sunsets the CRB on January 1, 2025. (Business and Professions Code (BPC) § 8000 et seq.)
- Prohibits a person from engaging in the practice of shorthand reporting unless the person holds a certificate issued by the CRB, as specified. (BPC § 8016)
- Establishes the TRF to provide shorthand-reporting services to low-income litigants in civil cases, who are unable to otherwise afford those services, including pro bono and pro per litigants, subject to repeal on January 1, 2025. (BPC § 8030.2)
- Defines the practice of shorthand reporting as the making, by means of written symbols or abbreviations in shorthand or machine shorthand writing, of a verbatim record of any oral court proceeding, deposition, court ordered hearing or arbitration, or proceeding before any grand jury, referee, or court commissioner. (BPC § 8017)
- Defines voice writing as a verbatim record or a proceeding using a closed microphone voice dictation silencer, steno mask, or similar device using oral shorthand and voice notes made by a certified shorthand reporter. (BPC § 8017.5)
This bill:
- Extends the sunset date of the CRB and its authority to appoint an EO and other employees until January 1, 2029.
- Extends provisions establishing and implementing the TRF until January 1, 2029.
- Extends the CRB’s firm registration program until January 1, 2029.
- Requires a CSR, whether appearing in person or through the use of remote technology, to state on the record their CSR number at the beginning of a proceeding, deposition or other matter for transcription as specified.
- States that the requirements in 4) above are satisfied if a CSR appears for more than one proceeding or hearing on a calendar and the CSR provides their full name and license number to the clerk prior to the first proceeding or hearing or meets the requirements for the first proceeding.
- Defines “valid email address” to mean 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 CRB, and prohibits a personal email address of an applicant or certificate holder from being considered a valid email address and is not required to be provided by the applicant or certificate holder.
- Requires an applicant or certificate holder who has a valid email address to provide that email address to the CRB at the time of application or renewal.
- Requires an applicant or certificate holder to notify the CRB within 30 days of any change to their valid email address on file with the CRB.
- Requires the CRB to inform an applicant or certificate holder, at the time of their application or renewal that any valid email address submitted to the CRB is a public record that is subject to disclosure pursuant to the Public Records Act (PRA), as specified.
- Authorizes the CRB, at its discretion, to 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.
- Codifies the three parts of the state licensure examinations and processes for taking and passing each part of the examination, as specified.
- Permits the successful completion of the Certified Verbatim Reporter (CVR) or Certified Verbatim Reporter-Stenotype (CVR-S) certification administered through the National Verbatim Reporters Association (NVRA) to meet the requirement for the Dictation/Transcription examination, as specified.
- Makes other minor and technical changes to the CRB and its operations.
Background
The CRB is responsible for licensing and disciplining CSRs. The CRB determines the educational requirements for licensure standards and approves schools. Since 1972, the CRB has permitted the certification of individuals and at one time, the registration of shorthand reporting corporations. In addition to licensing and disciplinary functions, the CRB enforces the professional standards of practice (16 CCR § 2475) for certified shorthand professionals.
CSRs are trained professionals who either through stenograph or through means of voice writing systems preserve the words spoken in a wide variety of official legal settings such as court hearings, trials, and other pretrial litigation-related proceedings, namely depositions. Laws governing CSRs are found in the Shorthand Reporters Act (Act) (BPC § 8000 et seq.) and all licensed CSRs are required to abide by the laws specified in the Act and other applicable statues and regulations. Codes governing deposition/freelance reporter practices can be found in the Code of Civil Procedure § 2025 et seq. In California, an individual who has obtained a certificate as a CSR from the CRB can work in courts as an official reporter or as a freelance reporter. The certificate to practice is valid in either area practice. This bill requires a CSR to provide their certificate number on the record prior to the commencement of any proceeding.
The longstanding and persistent issues relating to workforce insufficiencies in the shorthand reporting profession was discussed repeatedly in the 2024 staff background paper for the CRB. The noted shortfall of CSRs in California court systems is a concern that is widely recognized. In FY 2014-15, there were 6,848 active CSRs in California; by FY 2017-18 this number had fallen to 5,886 active CSRs; this year, there was a reported 4,752 active CSRs in the state. This consistent downward trend over the past decade reflects a more than 30 percent decrease in the CSR population. The diminishing population of licensed reporters has been blamed by various parties on various factors, but regardless of whether there is any clear cause for the decreasing workforce, what remains undeniable are both the present and potential impacts on the rights and responsibilities of all parties in the judicial process. In the Judicial Council’s September 6, 2023 letter to the CRB, it highlighted a belief that “the declining number of court reporters threatens access to justice for court users, especially Californians who cannot afford to pay for their own reporter in cases where a court reporter is not required.”
Courts are currently required to provide a CSR in felony, dependency, and juvenile justice proceedings and in civil cases where a party has a fee waiver. CSRs are not statutorily required to be provided by the courts in civil, family law, probate, misdemeanor criminal and traffic courtrooms. Under current law, GOV § 69957 prohibits courts from providing electronic recording in civil, family law and probate courtrooms, with the exception of limited civil, misdemeanor and infraction cases. Current law specifies that a CSR with a license issue by the CRB is the only authorized agent to be appointed as official court reporter of any court unless the person obtains a certificate from the CRB, with limited exceptions for electronic recording and transcription in limited civil, misdemeanor, or infraction cases as authorized by a court.
There are multiple pathways to licensure as a CSR. A majority of applicants qualify to take the CSR examination through completion of a training program from a recognized court reporting school. If an applicant graduates from a program outside of California, to qualify to take the CSR examination they must possess a certificate from the National Court Reporters Association or from the NVRA demonstrating proficiency in machine shorthand reporting or voice writing.
The current California state licensing examination consists of 3 parts, which are specified in regulations (CCR § 2420) as follows:
(a) The examination shall consist of three divisible parts:
(1) English,
(2) Professional Practice, and
(3) Dictation/Transcription (Machine/Skill).
The passing grades for the Dictation/Transcription part of the examination is 97.5%.
As noted in the CRB’s sunset review staff background paper, the CSR licensing examination has seen significantly low overall passage in recent years, particularly for the skilled portion of the examination, where the failure rate for all candidates has averaged 70 percent to 80 percent each year and was as high as 94.5 percent in FY 2018-19.
The CRB requested the DCA’s Office of Professional Examination Services conduct a comprehensive review of the Certified Verbatim Reporter (CVR Written Knowledge Test and the CVR Skills test to evaluate the suitability of the examinations be considered for court reporter licensure in California. Per the outcome of that assessment at the CRB’s July 12, 2024 meeting, staff recommended that the CRB allow reciprocity with the skills portion of the CVR certification and require those holding the CVR to only take the California written tests to qualify for licensure. This bill implements that recommendation.
As the shorthand reporting profession continues to evolve and new laws are enacted, provisions of the BPC relating to shorthand reporting may become outmoded or superfluous. As a result, this bill makes numerous technical and conforming changes. In addition, this bill requires applicants and certificate holders who have a public email address to provide that email address to the CRB at the time of application or renewal and authorizes the CRB to forward communications to certificate holders via the valid public email address.
While debate will persist regarding how California should move into the future with regards to the shorthand reporting profession and how new technologies should be incorporated into the judicial system, the ongoing need for strong regulation and oversight of shorthand reporters is clear. The CRB’s role in ensuring that licensed CSRs possess sufficient education and training to perform competently, as well as its responsibility for holding those licensees accountable to professional standards, remains as necessary as ever. The operations of the CRB should continue so that its important work may continue as the Legislature engages in further discussions regarding how to balance the interests of all stakeholders in pursuit of the universally shared goals of promoting the profession and preserving access to a fair and accurate record of all court proceedings. This bill extends the sunset date for the CRB, by four years, until January 1, 2029.
FISCAL EFFECT: Appropriation: Yes Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee, CRB reports unknown additional workload to administer the new Associate Court Reporter Trainee certificate an one-time IT cost of $30,000 to create the new license type. CRB notes that is it currently going through a business modernization process, and will likely require a delayed implementation and additional resources to complete this IT work.
SUPPORT: (Verified 8/23/24)
SEIU California
OPPOSITION: (Verified 8/23/24)
None received
ARGUMENTS IN SUPPORT: SEIU California writes in support of the provisions that require court reporters to state their name and license number on the record and align the California court reporter licensing examination with a national court reporter certificate examination.
ASSEMBLY FLOOR: 71-0, 5/22/24
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Flora, Mike Fong, Vince Fong, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO VOTE RECORDED: Calderon, Cervantes, Megan Dahle, Essayli, Friedman, Holden, Mathis, Joe Patterson, Luz Rivas
Prepared by: Elissa Silva / B., P. & E.D. / 916-651-4104
8/25/24 13:36:02
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 3252 |
THIRD READING
Bill No: AB 3252
Author: Berman (D), et al.
Amended: 8/20/24 in Senate
Vote: 27
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 12-0, 7/1/24
AYES: Ashby, Alvarado-Gil, Archuleta, Becker, Dodd, Eggman, Glazer, Menjivar, Niello, Roth, Smallwood-Cuevas, Wilk
NO VOTE RECORDED: Nguyen
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/15/24
AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab
ASSEMBLY FLOOR: 71-0, 5/22/24 - See last page for vote
SUBJECT: Shorthand court reporters: sunset: certification
SOURCE: Author
DIGEST:
This bill (1) extends the operation of the Court Reporters Board (CRB) and its authority to appoint an executive officer (EO) until January 1, 2029; (2) extends the operations of the transcript reimbursement fund (TRF) and the CRB’s firm registration program until January 1, 2029; (3) requires applicants for licensure and renewal to provide a valid email address, as defined; (4) establishes a limited associate court reporter trainee certificate (ACRT) beginning July 1, 2025; and, (5) requires a shorthand reporter to provide their certificate number prior to commencing a proceeding.
Senate Floor Amendments of 8/20/24 delay implementation for the associate court reporter trainee certificate by six months, clarify the process for a shorthand reporter to state their name and license number on the record, and require the court reporters board to encourage licensees to maintain a valid email address.
ANALYSIS:
Existing law:
- Establishes the CRB under the jurisdiction of the Department of Consumer Affairs to license and regulate certified shorthand reporters (CSR), and sunsets the CRB on January 1, 2025. (Business and Professions Code (BPC) § 8000 et seq.)
- Prohibits a person from engaging in the practice of shorthand reporting unless the person holds a certificate issued by the CRB, as specified. (BPC § 8016)
- Establishes the TRF to provide shorthand-reporting services to low-income litigants in civil cases, who are unable to otherwise afford those services, including pro bono and pro per litigants, subject to repeal on January 1, 2025. (BPC § 8030.2)
- Defines the practice of shorthand reporting as the making, by means of written symbols or abbreviations in shorthand or machine shorthand writing, of a verbatim record of any oral court proceeding, deposition, court ordered hearing or arbitration, or proceeding before any grand jury, referee, or court commissioner. (BPC § 8017)
- Defines voice writing as a verbatim record or a proceeding using a closed microphone voice dictation silencer, steno mask, or similar device using oral shorthand and voice notes made by a certified shorthand reporter. (BPC § 8017.5)
This bill:
- Extends the sunset date of the CRB and its authority to appoint an EO and other employees until January 1, 2029.
- Extends provisions establishing and implementing the TRF until January 1, 2029.
- Extends the CRB’s firm registration program until January 1, 2029.
- Requires a CSR, whether appearing in person or through the use of remote technology, to state on the record their CSR number at the beginning of a proceeding, deposition or other matter for transcription as specified.
- States that the requirements in 4) above are satisfied if a CSR appears for more than one proceeding or hearing on a calendar and the CSR provides their full name and license number to the judicial assistant prior to the first proceeding or hearing or meets the requirements for the first proceeding.
- Defines “valid email address” to mean 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 CRB, and prohibits a personal email address of an applicant or certificate holder from being considered a valid email address and is not required to be provided by the applicant or certificate holder.
- Requires an applicant or certificate holder who has a valid email address to provide that email address to the CRB at the time of application or renewal.
- Requires an applicant or certificate holder to notify the CRB within 30 days of any change to their valid email address on file with the CRB.
- Requires the CRB to inform an applicant or certificate holder, at the time of their application or renewal that any valid email address submitted to the CRB is a public record that is subject to disclosure pursuant to the Public Records Act (PRA), as specified.
- Authorizes the CRB, at its discretion, to 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.
- Creates a ACRT, beginning July 1, 2025, for a person over 18 years of age, who has a high school or equivalent education, has not committed any crimes which would be grounds for denial, and meets the following requirements:
- The person presents satisfactory evidence to the CRB of one of the following certifications:
- A valid Registered Professional Reporter certification issued by the National Court Reporters Association;
- A Valid Certified Verbatim Reporter certification issued by the National Verbatim Reporters Association; or,
- A Valid Certified Verbatim Reporter-Stenotype certification issued by the National Verbatim Reporters Association.
- A valid Registered Professional Reporter certification issued by the National Court Reporters Association;
- The person presents evidence of completion of a prescribed course of study, as specified; and,
- The person has taken and received a passing grade on Part 1, English, and Part 2, Professional Practice, of the State Licensing Examination, and has taken and received at least a 95 percent on Part 3, Dictation/Transcription, of the State Licensing Examination.
- The person presents satisfactory evidence to the CRB of one of the following certifications:
- Prohibits a holder of an ACRT from performing any duty other than that of an “official reporter” as specified.
- States that a person holding an ACRT is deemed to be fully certified if they have received a passing grade on Part 3 of the State Licensing Examination, no later than one year after the obtaining the ACRT.
- Prohibits the holder of an ACRT from serving as an ACRT for more than one-year.
- Requires a court, when assigning an ACRT to consider priority placement in family courtrooms and other understaffed courtrooms.
- Requires an appointing court to create a list of official reporters who have voluntarily agreed to serve as an ACRT mentor, as specified.
- Requires the appointing court and exclusive representative of official reporters to meet to identify and resolve, by mutual agreement, any matters necessary to ensure the success of the training and mentorship program.
- Requires a court that is unable to secure sufficient official reporters to serve as a mentor to contact the California Court Reporters Association for a list of qualified mentors.
- Requires an appointing court to treat an ACRT as equivalent to official reporters employed by the court, as specified.
- States that a person who serves as an official reporter under an ACRT is to have the same duties and responsibilities as a person who serves as a CSR, as specified, including fees.
- Sunsets the CRB’s authority to issue an ACRT on January 1, 2029.
- Makes other minor and technical changes to the CRB and its operations.
Background
The CRB is responsible for licensing and disciplining CSRs. The CRB determines the educational requirements for licensure standards and approves schools. Since 1972, the CRB has permitted the certification of individuals and at one time, the registration of shorthand reporting corporations. In addition to licensing and disciplinary functions, the CRB enforces the professional standards of practice (16 CCR § 2475) for certified shorthand professionals.
CSRs are trained professionals who either through stenograph or through means of voice writing systems preserve the words spoken in a wide variety of official legal settings such as court hearings, trials, and other pretrial litigation-related proceedings, namely depositions. Laws governing CSRs are found in the Shorthand Reporters Act (Act) (BPC § 8000 et seq.) and all licensed CSRs are required to abide by the laws specified in the Act and other applicable statues and regulations. Codes governing deposition/freelance reporter practices can be found in the Code of Civil Procedure § 2025 et seq. In California, an individual who has obtained a certificate as a CSR from the CRB can work in courts as an official reporter or as a freelance reporter. The certificate to practice is valid in either area practice. This bill requires a CSR to provide their certificate number on the record prior to the commencement of any proceeding.
The longstanding and persistent issues relating to workforce insufficiencies in the shorthand reporting profession was discussed repeatedly in the 2024 staff background paper for the CRB. The noted shortfall of CSRs in California court systems is a concern that is widely recognized. In FY 2014-15, there were 6,848 active CSRs in California; by FY 2017-18 this number had fallen to 5,886 active CSRs; this year, there was a reported 4,752 active CSRs in the state. This consistent downward trend over the past decade reflects a more than 30 percent decrease in the CSR population. The diminishing population of licensed reporters has been blamed by various parties on various factors, but regardless of whether there is any clear cause for the decreasing workforce, what remains undeniable are both the present and potential impacts on the rights and responsibilities of all parties in the judicial process. In the Judicial Council’s September 6, 2023 letter to the CRB, it highlighted a belief that “the declining number of court reporters threatens access to justice for court users, especially Californians who cannot afford to pay for their own reporter in cases where a court reporter is not required.”
Courts are currently required to provide a CSR in felony, dependency, and juvenile justice proceedings and in civil cases where a party has a fee waiver. CSRs are not statutorily required to be provided by the courts in civil, family law, probate, misdemeanor criminal and traffic courtrooms. Under current law, GOV § 69957 prohibits courts from providing electronic recording in civil, family law and probate courtrooms, with the exception of limited civil, misdemeanor and infraction cases. Current law specifies that a CSR with a license issue by the CRB is the only authorized agent to be appointed as official court reporter of any court unless the person obtains a certificate from the CRB, with limited exceptions for electronic recording and transcription in limited civil, misdemeanor, or infraction cases as authorized by a court.
This bill establishes an ACRT to assist with workforce shortage concerns in the California court system. This bill allows individuals, who meet all other licensing requirements, and have taken and passed portions 1 and 2 of the required Sate Licensing Examination, and taken Part 3, (Dictation/Transcription), and received at least a 95% score to be eligible for the ACRT. The holder of an ACRT will be required to pass the Part 3, within one year of receiving the ACRT in order to transition into the full CSR. Currently, an applicant for a CSR must pass Part 3 of the State Licensing Examination with a score 97.5%. This bill required the ACRT have a mentor assigned by the employing court and would provide the same practice privileges for ACRTs as CSRs. This bill will to sunset the ACRT on January 1, 2029.
As the shorthand reporting profession continues to evolve and new laws are enacted, provisions of the BPC relating to shorthand reporting may become outmoded or superfluous. As a result, this bill makes numerous technical and conforming changes. In addition, this bill requires applicants and certificate holders who have a public email address to provide that email address to the CRB at the time of application or renewal and authorizes the CRB to forward communications to certificate holders via the valid public email address.
While debate will persist regarding how California should move into the future with regards to the shorthand reporting profession and how new technologies should be incorporated into the judicial system, the ongoing need for strong regulation and oversight of shorthand reporters is clear. The CRB’s role in ensuring that licensed CSRs possess sufficient education and training to perform competently, as well as its responsibility for holding those licensees accountable to professional standards, remains as necessary as ever. The operations of the CRB should continue so that its important work may continue as the Legislature engages in further discussions regarding how to balance the interests of all stakeholders in pursuit of the universally shared goals of promoting the profession and preserving access to a fair and accurate record of all court proceedings. This bill extends the sunset date for the CRB, by four years, until January 1, 2029.
FISCAL EFFECT: Appropriation: Yes Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Commitee, CRB reports unknown additional workload to administer the new Associate Court Reporter Trainee certificate an one-time IT cost of $30,000 to create the new license type. CRB notes that is it currently going through a business modernization process, and will likely require a delayed implementation and additional resources to complete this IT work.
SUPPORT: (Verified 8/20/24)
None received
OPPOSITION: (Verified 8/20/24)
None received
ASSEMBLY FLOOR: 71-0, 5/22/24
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Flora, Mike Fong, Vince Fong, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO VOTE RECORDED: Calderon, Cervantes, Megan Dahle, Essayli, Friedman, Holden, Mathis, Joe Patterson, Luz Rivas
Prepared by: Elissa Silva / B., P. & E.D. / 916-651-4104
8/21/24 16:12:33
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 3252 |
THIRD READING
Bill No: AB 3252
Author: Berman (D), et al.
Amended: 7/3/24 in Senate
Vote: 27
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 12-0, 7/1/24
AYES: Ashby, Alvarado-Gil, Archuleta, Becker, Dodd, Eggman, Glazer, Menjivar, Niello, Roth, Smallwood-Cuevas, Wilk
NO VOTE RECORDED: Nguyen
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/15/24
AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab
ASSEMBLY FLOOR: 71-0, 5/22/24 - See last page for vote
SUBJECT: Shorthand court reporters: sunset: certification
SOURCE: Author
DIGEST:
This bill (1) extends the operation of the Court Reporters Board (CRB) and its authority to appoint an executive officer (EO) until January 1, 2029; (2) extends the operations of the transcript reimbursement fund (TRF) and the CRB’s firm registration program until January 1, 2029; (3) requires applicants for licensure and renewal to provide a valid email address, as defined; (4) establishes a limited associate court reporter trainee certificate (ACRT); and, (5) requires a shorthand reporter to provide their certificate number prior to commencing a proceeding.
ANALYSIS:
Existing law:
- Establishes the CRB under the jurisdiction of the Department of Consumer Affairs to license and regulate certified shorthand reporters (CSR), and sunsets the CRB on January 1, 2025. (Business and Professions Code (BPC) § 8000 et seq.)
- Prohibits a person from engaging in the practice of shorthand reporting unless the person holds a certificate issued by the CRB, as specified. (BPC § 8016)
- Establishes the TRF to provide shorthand-reporting services to low-income litigants in civil cases, who are unable to otherwise afford those services, including pro bono and pro per litigants, subject to repeal on January 1, 2025. (BPC § 8030.2)
- Defines the practice of shorthand reporting as the making, by means of written symbols or abbreviations in shorthand or machine shorthand writing, of a verbatim record of any oral court proceeding, deposition, court ordered hearing or arbitration, or proceeding before any grand jury, referee, or court commissioner. (BPC § 8017)
- Defines voice writing as a verbatim record or a proceeding using a closed microphone voice dictation silencer, steno mask, or similar device using oral shorthand and voice notes made by a certified shorthand reporter. (BPC § 8017.5)
This bill:
- Extends the sunset date of the CRB and its authority to appoint an EO and other employees until January 1, 2029.
- Extends provisions establishing and implementing the TRF until January 1, 2029.
- Extends the CRB’s firm registration program until January 1, 2029.
- Requires a CSR to state on the record their CSR number at the beginning of a proceeding, deposition or other matter for transcription as specified.
- Defines “valid email address” to mean 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 CRB, and prohibits a personal email address of an applicant or certificate holder from being considered a valid email address and is not required to be provided by the applicant or certificate holder.
- Requires an applicant or certificate holder who has a valid email address to provide that email address to the CRB at the time of application or renewal.
- Requires an applicant or certificate holder to notify the CRB within 30 days of any change to their valid email address on file with the CRB.
- Requires the CRB to inform an applicant or certificate holder, at the time of their application or renewal that any valid email address submitted to the CRB is a public record that is subject to disclosure pursuant to the Public Records Act (PRA), as specified.
- Authorizes the CRB, at its discretion, to 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.
- Creates a ACRT for a person over 18 years of age, who has a high school or equivalent education, has not committed any crimes which would be grounds for denial, and meets the following requirements:
- The person presents satisfactory evidence to the CRB of one of the following certifications:
- A valid Registered Professional Reporter certification issued by the National Court Reporters Association;
- A Valid Certified Verbatim Reporter certification issued by the National Verbatim Reporters Association; or,
- A Valid Certified Verbatim Reporter-Stenotype certification issued by the National Verbatim Reporters Association.
- A valid Registered Professional Reporter certification issued by the National Court Reporters Association;
- The person presents evidence of completion of a prescribed course of study, as specified; and,
- The person has taken and received a passing grade on Part 1, English, and Part 2, Professional Practice, of the State Licensing Examination, and has taken and received at least a 95 percent on Part 3, Dictation/Transcription, of the State Licensing Examination.
- The person presents satisfactory evidence to the CRB of one of the following certifications:
- Prohibits a holder of an ACRT from performing any duty other than that of an “official reporter” as specified.
- States that a person holding an ACRT is deemed to be fully certified if they have received a passing grade on Part 3 of the State Licensing Examination, no later than one year after the obtaining the ACRT.
- Prohibits the holder of an ACRT from serving as an ACRT for more than one-year.
- Requires a court, when assigning an ACRT to consider priority placement in family courtrooms and other understaffed courtrooms.
- Requires an appointing court to create a list of official reporters who have voluntarily agreed to serve as an ACRT mentor, as specified.
- Requires the appointing court and exclusive representative of official reporters to meet to identify and resolve, by mutual agreement, any matters necessary to ensure the success of the training and mentorship program.
- Requires a court that is unable to secure sufficient official reporters to serve as a mentor to contact the California Court Reporters Association for a list of qualified mentors.
- Requires an appointing court to treat an ACRT as equivalent to official reporters employed by the court, as specified.
- States that a person who serves as an official reporter under an ACRT is to have the same duties and responsibilities as a person who serves as a CSR, as specified, including fees.
- Sunsets the CRB’s authority to issue an ACRT on January 1, 2029.
- Makes other minor and technical changes to the CRB and its operations.
Background
The CRB is responsible for licensing and disciplining CSRs. The CRB determines the educational requirements for licensure standards and approves schools. Since 1972, the CRB has permitted the certification of individuals and at one time, the registration of shorthand reporting corporations. In addition to licensing and disciplinary functions, the CRB enforces the professional standards of practice (16 CCR § 2475) for certified shorthand professionals.
CSRs are trained professionals who either through stenograph or through means of voice writing systems preserve the words spoken in a wide variety of official legal settings such as court hearings, trials, and other pretrial litigation-related proceedings, namely depositions. Laws governing CSRs are found in the Shorthand Reporters Act (Act) (BPC § 8000 et seq.) and all licensed CSRs are required to abide by the laws specified in the Act and other applicable statues and regulations. Codes governing deposition/freelance reporter practices can be found in the Code of Civil Procedure § 2025 et seq. In California, an individual who has obtained a certificate as a CSR from the CRB can work in courts as an official reporter or as a freelance reporter. The certificate to practice is valid in either area practice. This bill would require a CSR to provide their certificate number on the record prior to the commencement of any proceeding.
The longstanding and persistent issues relating to workforce insufficiencies in the shorthand reporting profession was discussed repeatedly in the 2024 staff background paper for the CRB. The noted shortfall of CSRs in California court systems is a concern that is widely recognized. In FY 2014-15, there were 6,848 active CSRs in California; by FY 2017-18 this number had fallen to 5,886 active CSRs; this year, there was a reported 4,752 active CSRs in the state. This consistent downward trend over the past decade reflects a more than 30 percent decrease in the CSR population. The diminishing population of licensed reporters has been blamed by various parties on various factors, but regardless of whether there is any clear cause for the decreasing workforce, what remains undeniable are both the present and potential impacts on the rights and responsibilities of all parties in the judicial process. In the Judicial Council’s September 6, 2023 letter to the CRB, it highlighted a belief that “the declining number of court reporters threatens access to justice for court users, especially Californians who cannot afford to pay for their own reporter in cases where a court reporter is not required.”
Courts are currently required to provide a CSR in felony, dependency, and juvenile justice proceedings and in civil cases where a party has a fee waiver. CSRs are not statutorily required to be provided by the courts in civil, family law, probate, misdemeanor criminal and traffic courtrooms. Under current law, GOV § 69957 prohibits courts from providing electronic recording in civil, family law and probate courtrooms, with the exception of limited civil, misdemeanor and infraction cases. Current law specifies that a CSR with a license issue by the CRB is the only authorized agent to be appointed as official court reporter of any court unless the person obtains a certificate from the CRB, with limited exceptions for electronic recording and transcription in limited civil, misdemeanor, or infraction cases as authorized by a court.
This bill establishes an ACRT to assist with workforce shortage concerns in the California court system. This bill allows individuals, who meet all other licensing requirements, and have taken and passed portions 1 and 2 of the required Sate Licensing Examination, and taken Part 3, (Dictation/Transcription), and received at least a 95% score to be eligible for the ACRT. The holder of an ACRT will be required to pass the Part 3, within one year of receiving the ACRT in order to transition into the full CSR. Currently, an applicant for a CSR must pass Part 3 of the State Licensing Examination with a score 97.5%. This bill required the ACRT have a mentor assigned by the employing court and would provide the same practice privileges for ACRTs as CSRs. This bill will to sunset the ACRT on January 1, 2029.
As the shorthand reporting profession continues to evolve and new laws are enacted, provisions of the BPC relating to shorthand reporting may become outmoded or superfluous. As a result, this bill makes numerous technical and conforming changes. In addition, this bill requires applicants and certificate holders who have a public email address to provide that email address to the CRB at the time of application or renewal and authorizes the CRB to forward communications to certificate holders via the valid public email address.
While debate will persist regarding how California should move into the future with regards to the shorthand reporting profession and how new technologies should be incorporated into the judicial system, the ongoing need for strong regulation and oversight of shorthand reporters is clear. The CRB’s role in ensuring that licensed CSRs possess sufficient education and training to perform competently, as well as its responsibility for holding those licensees accountable to professional standards, remains as necessary as ever. The operations of the CRB should continue so that its important work may continue as the Legislature engages in further discussions regarding how to balance the interests of all stakeholders in pursuit of the universally shared goals of promoting the profession and preserving access to a fair and accurate record of all court proceedings. This bill extends the sunset date for the CRB, by four years, until January 1, 2029.
FISCAL EFFECT: Appropriation: Yes Fiscal Com.: Yes Local: Yes
According to the Senate Committee on Appropriations,
The 2024-25 Budget provides approximately $1.32 million (Court Reporters’ Fund) and 4.5 positions to support the continued operation of the board’s licensing and enforcement activities.
The CRB reports:
Unknown additional workload to administer the new Associate Court Reporter Trainee certificate. Total licensing workload will depend on the number of applicants who apply for the certificate.
One-time IT cost of $30,000 to create the new license type. CRB notes that is it currently going through a business modernization process, and will likely require a delayed implementation and additional resources to complete this IT work.
SUPPORT: (Verified 8/15/24)
None received
OPPOSITION: (Verified 8/15/24)
None received
ASSEMBLY FLOOR: 71-0, 5/22/24
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Flora, Mike Fong, Vince Fong, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO VOTE RECORDED: Calderon, Cervantes, Megan Dahle, Essayli, Friedman, Holden, Mathis, Joe Patterson, Luz Rivas
Prepared by: Elissa Silva / B., P. & E.D. / 916-651-4104
8/18/24 17:50:32
**** END ****
SENATE COMMITTEE ON
Senator Anna Caballero, Chair
2023 - 2024 Regular Session
AB 3252 (Berman) - Shorthand court reporters: sunset: certification
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
AB 3252 is the sunset bill for the California Court Reporters Board (CRB) and makes changes recommended during the joint sunset review of the board.
Fiscal Impact:
The 2024-25 Budget provides approximately $1.32 million (Court Reporters’ Fund) and 4.5 positions to support the continued operation of the board’s licensing and enforcement activities.
The CRB reports:
- Unknown additional workload to administer the new Associate Court Reporter Trainee certificate. Total licensing workload will depend on the number of applicants who apply for the certificate.
- One-time IT cost of $30,000 to create the new license type. CRB notes that is it currently going through a business modernization process, and will likely require a delayed implementation and additional resources to complete this IT work.
Background:
The CRB is responsible for licensing and disciplining certified shorthand reporters (CSRs). The CRB determines the educational requirements for licensure standards and approves schools. Since 1972, the CRB has permitted the certification of individuals and at one time, the registration of shorthand reporting corporations. In addition to licensing and disciplinary functions, the CRB enforces the professional standards of practice for certified shorthand professionals.
Proposed Law:
- Extends the sunset date for the CRB and its authority to appoint an executive officer and other employees until January 1, 2029.
- Extends provisions establishing and implementing the transcript reimbursement fund until January 1, 2029.
- Extends the CRB’s firm registration program until January 1, 2029.
- Requires a CSR to state on the record their CSR number at the beginning of a proceeding, deposition or other matter for transcription as specified.
- Establishes an Associate Court Reporter Trainee certificate for persons over the age of 18 for the purpose of serving as an official reporter if the following requirements are satisfied:
- The person has not committed any acts or crimes constituting grounds for the denial of licensure and has a high school education or its equivalent.
- The person presents evidence of any of the following certifications: a valid Registered Professional Reporter certification issued by the National Court Reporters Association; a valid Certified Verbatim Reporter certification issued by the National Verbatim Reporters Association; or a valid Certified Verbatim Reporter-Stenotype certification issued by the National Verbatim Reporters Association.
- The person presents evidence of 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 CRB.
- The person has taken and received a passing grade on Part 1, English, and Part 2, Professional Practice, of the State Licensing Examination, and has taken and received at least a 95 percent on Part 3, Dictation/Transcription, of the State Licensing Examination.
- Defines “valid email address” to mean 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 CRB, and prohibits a personal email address of an applicant or certificate holder from being considered a valid email address and is not required to be provided by the applicant or certificate holder.
- Requires an applicant or certificate holder who has a valid email address to provide that email address to the CRB at the time of application or renewal.
- Requires an applicant or certificate holder to notify the CRB within 30 days of any change to their valid email address on file with the CRB.
- Requires the CRB to inform an applicant or certificate holder, at the time of their application or renewal that any valid email address submitted to the CRB is a public record that is subject to disclosure pursuant to the Public Records Act (PRA), as specified.
- Authorizes the CRB, at its discretion, to 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.
- Makes minor and technical changes.
Related Legislation:
SB 1452 (Ashby, 2024) is the California Architects Board and Landscape Architects Technical Committee sunset bill. SB 1452 is pending in the Assembly Appropriations Committee.
SB 1453 (Ashby, 2024) is the Dental Board of California sunset bill. SB 1453 is pending the Assembly Appropriations Committee.
SB 1454 (Ashby, 2024) is the Bureau of Security and Investigative Services sunset bill. SB 1454 is pending in the Assembly Appropriations Committee.
SB 1455 (Ashby, 2024) is the Contractors State License Board sunset bill. SB 1455 is pending in the Assembly Appropriations Committee.
SB 1456 (Ashby, 2024) is the California State Athletic Commission sunset bill. SB 1456 is pending in the Assembly Appropriations Committee.
AB 3251 (Berman, 2024) is the Board of Accountancy sunset bill. AB 3251 is pending in this committee.
AB 3253 (Berman, 2024) is the Board for Professional Engineers, Land Surveyors and Geologists sunset bill. AB 3253 is pending in this committee.
AB 3254 (Berman, 2024) is the Cemetery and Funeral Bureau sunset bill. AB 3254 is pending in this committee.
AB 3255 (Berman, 2024) is the Board of Vocational Nursing and Psychiatric Technicians sunset bill. AB 3255 is pending in the Assembly Appropriations Committee.
-- END --
SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Angelique Ashby, Chair
2023 - 2024 Regular
Bill No: AB 3252 Hearing Date: July 1, 2024
Author: | Berman | ||
Version: |
| ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject: Shorthand court reporters: sunset: certification
SUMMARY:
Extends the operation of the California Court Reporters Board (CRB) and its authority to appoint an executive officer (EO) until January 1, 2029; extends the operations of the transcript reimbursement fund (TRF) and the CRB’s firm registration program until January 1, 2029; requires applicants for licensure and renewal to provide a valid email address, as defined; and requires a shorthand reporter to provide their certificate number prior to commencing a proceeding.
Existing law:
- Establishes the Court Reporters Board (CRB) under the jurisdiction of the Department of Consumer Affairs to license and regulate shorthand reporters, and sunset the Board on January 1, 2025. (Business and Professions Code (BPC) § 8000 et seq.)
- Authorizes the CRB appoint and fix the salary of an Executive Officer and sunsets that authority on January 1, 2025. (BPC § 8005)
- Prohibits a person from engaging in the practice of shorthand reporting unless the person is the holder of a certificate in full force and effect issued by the CRB, as specified. (BPC § 8016)
- 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, including pro bono and pro per litigants, subject to repeal on January 1, 2025. (BPC § 8030.2)
- Requires funds for the TRF to be funded by a transfer of funds from the CRB fund in the amount of $300,000 annually, as specified. (BPC § 8030.2(a)(1))
- Defines the practice of shorthand reporting as the making, by means of written symbols or abbreviations in shorthand or machine shorthand writing, of a verbatim record of any oral court proceeding, deposition, court ordered hearing or arbitration, or proceeding before any grand jury, referee, or court commissioner. (BPC § 8017)
- Defines voice writing as a verbatim record or a proceeding using a closed microphone voice dictation silencer, steno mask, or similar device using oral shorthand and voice notes made by a certified shorthand reporter. (BPC § 8017.5)
- Reserves use of the title “certified shorthand reporter” and the abbreviation “C.S.R.” for licensees of the CRB, and prohibits the use by nonlicensees of the words “stenographer,” or “reporter,” or of the phrases “court reporter,” “deposition reporter,” or “digital reporter,” in combination with words or phrases related to the practice of shorthand. (BPC § 8018)
- Defines a shorthand reporting corporation as a corporation, which is authorized to render professional services, 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 California law. (BPC § 8040)
- Authorizes, on or after July 1, 2022, an entity that is not a shorthand reporting corporation may, wherever headquartered in the United States, engage in the conduct of shorthand reporting, as specified, and register with the CRB. (BPC § 8051)
- Requires the CRB to revoke the registration of an entity for specified violations, including directing or authorizing a reporter in charge to violate state laws. (BPC § 8051(f))
This bill:
- Extends the sunset date for the CRB and its authority to appoint an EO and other employees until January 1, 2029.
- Extends provisions establishing and implementing the TRF until January 1, 2029.
- Extends the CRB’s firm registration program until January 1, 2029.
- Requires a CSR to state on the record their CSR number at the beginning of a proceeding, deposition or other matter for transcription as specified.
- Defines “valid email address” to mean 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 CRB, and prohibits a personal email address of an applicant or certificate holder from being considered a valid email address and is not required to be provided by the applicant or certificate holder.
- Requires an applicant or certificate holder who has a valid email address to provide that email address to the CRB at the time of application or renewal.
- Requires an applicant or certificate holder to notify the CRB within 30 days of any change to their valid email address on file with the CRB.
- Requires the CRB to inform an applicant or certificate holder, at the time of their application or renewal that any valid email address submitted to the CRB is a public record that is subject to disclosure pursuant to the Public Records Act (PRA), as specified.
- Authorizes the CRB, at its discretion, to 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.
- Makes minor and technical changes.
FISCAL EFFECT:
According to the Assembly Committee on Appropriations, this bill will result in ongoing special fund costs of approximately $1.3 million annually and ongoing costs of up to $300,000 per year for the continued operation of the TRF. This fund is supported by transfers from the Court Reporters Fund. Current law requires $300,000 to be transferred annually for the purposes of the fund. In fiscal year (FY) 2022-23, 94 requests for reimbursement were approved, totaling $120,816 in disbursed funds.
COMMENTS:
- Purpose. The Author is the sponsor of this bill. This bill is a result of the joint committee sunset review process.
- Background.
Oversight Hearings and Sunset Review of Licensing Boards and Programs. In early 2024, the Senate Business, Professions and Economic Development Committee and the Assembly Committee on Business and Professions (Committees) began their comprehensive sunset review oversight of 10 regulatory entities including the Board. The Committees conducted two oversight hearings in March of this year. This bill and the accompanying sunset bills aim to implement legislative changes as recommended by staff of the Committees, which are reflected in the Background Papers prepared by Committee staff for each agency and program reviewed this year.
Background on the Court Reporters Board. The CRB is responsible for licensing and disciplining CSRs. The CRB determines the educational requirements for licensure standards and approves schools. Since 1972, the CRB has permitted the certification of individuals and at one time, the registration of shorthand reporting corporations. In addition to licensing and disciplinary functions, the CRB enforces the professional standards of practice (16 CCR § 2475) for certified shorthand professionals.
CSRs are trained professionals who either through stenograph or through means of voice writing systems preserve the words spoken in a wide variety of official legal settings such as court hearings, trials, and other pretrial litigation-related proceedings, namely depositions. CSRs work in courtrooms as official reporters or in the private sector as freelance reporters who provide deposition services. CSRs are officers of the court and their competence, impartiality, and professionalism must be beyond question. A complete and accurate transcript of the proceedings made by an impartial third party is the cornerstone for all appeal rights. Transcripts, which include testimony given under oath, are relied upon by the consumer as an accurate source of information. Courts of appeal, particularly for criminal cases, rely exclusively upon written briefs and written transcripts of court proceedings to determine whether there were errors in the trial’s procedure or errors in the judge’s interpretation of the law.
Laws governing CSRs are found in the Shorthand Reporters Act (Act) (BPC § 8000 et seq.) and all licensed CSRs are required to abide by the laws specified in the Act and other applicable statues and regulations. Codes governing deposition/freelance reporter practices can be found in the Code of Civil Procedure § 2025 et seq. In California, an individual who has obtained a certificate as a CSR from the CRB can work in courts as an official reporter or as a freelance reporter. The certificate to practice is valid in either area practice. This bill would require that a CSR provide their certificate number on the record prior to the commencement of any proceeding.
a) Issue #15. Workforce Shortage.
Background. The longstanding and persistent issues relating to workforce insufficiencies in the shorthand reporting profession was discussed repeatedly in the 2024 staff background paper for the CRB. At one time, courts were allowed to employ unlicensed individuals as reporters when a CSR was unavailable, this language has long since been repealed. Modern efforts to restore such flexibility for the courts have been unsuccessful. Any proposal to allow courts to employ lesser-trained professionals, or to utilize technologies that undermine the role of a licensed reporter, have been subjected to arguments about the compelling need to ensure the complete, accurate, and impartial production of a record for all court proceedings as an essential element of equal access to justice. However, the noted shortfall of CSRs in California court systems is a concern that is widely recognized. In FY 2014-15, there were 6,848 active CSRs in California; by FY 2017-18 this number had fallen to 5,886 active CSRs; this year, there was a reported 4,752 active CSRs in the state. This consistent downward trend over the past decade reflects a more than 30 percent decrease in the CSR population. The diminishing population of licensed reporters has been blamed by various parties on various factors, including an alleged “aging out” of the profession, low passage rates for the CSR examination, and the closure of court reporting schools. Regardless of whether there is any clear cause for the decreasing workforce, what remains undeniable are both the present and potential impacts on the rights and responsibilities of all parties in the judicial process. In the Judicial Council’s September 6, 2023 letter to the CRB, it highlighted a belief that “the declining number of court reporters threatens access to justice for court users, especially Californians who cannot afford to pay for their own reporter in cases where a court reporter is not required.”
Courts. Courts are currently required to provide a CSR in felony, dependency, and juvenile justice proceedings and in civil cases where a party has a fee waiver. CSRs are not statutorily required to be provided by the courts in civil, family law, probate, misdemeanor criminal and traffic courtrooms. Under current law, GOV § 69957 prohibits courts from providing electronic recording in civil, family law and probate courtrooms, with the exception of limited civil, misdemeanor and infraction cases. Current law specifies that a CSR with a license issue by the CRB is the only authorized agent to be appointed as official court reporter of any court unless the person obtains a certificate from the CRB, with limited exceptions for electronic recording and transcription in limited civil, misdemeanor, or infraction cases as authorized by a court.
There is arguably hope that enacted proposals to grow the CSR population have already made an impact and those strategies may show greater success in the future, such as the recent implementation of licensure for CSRs utilizing voice writing. Looking ahead, the CRB is encouraged to offer any potential solutions it believes could contribute in any meaningful way to supporting the CSR workforce, particularly in cases where the Legislature could partner in developing and effectuating solutions.
Input from the Judicial Council. Recent data provided by the Judicial Council of California, noted the following with respect to workforce recruiting within the court system, Trial courts are implementing a variety of incentives to recruit and retain court reporters. Between January 1 and March 31, 2024, approximately 82.9% of trial courts that are actively recruiting utilized at least one incentive to recruit and retain court reporters. These incentives included signing bonuses (75.6% of actively recruiting courts offered signing bonuses), retention and longevity bonuses (56.1%), finder’s fees (48.8%), increased salary ranges (21.9%), and more.”
b) Issue #16. Technical Cleanup.
Background. As the profession continues to evolve and new laws are enacted, provisions of the Business and Professions Code relating to shorthand reporting may become outmoded or superfluous. As a result, this bill makes numerous technical and conforming changes. In addition, this bill requires applicants and certificate holders who have public email addresses to provide those email addresses to the CRB at the time of application or renewal and authorizes the CRB to forward communications to a certificate holders valid email address.
c) Issue #17. Continued Regulation.
Background. While debate will persist regarding how California should move into the future with regards to the shorthand reporting profession and how new technologies should be incorporated into the judicial system, the ongoing need for strong regulation and oversight of shorthand reporters is clear. The CRB’s role in ensuring that licensed CSRs possess sufficient education and training to perform competently, as well as its responsibility for holding those licensees accountable to professional standards, remains as necessary as ever. The CRB should be continued so that its important work may continue as the Legislature engages in further discussions regarding how to balance the interests of all stakeholders in pursuit of the universally shared goals of promoting the profession and preserving access to a fair and accurate record of all court proceedings. This bill extends the sunset date for the CRB, by four years, until January 1, 2029.
- Prior Related Legislation. AB 1520 (Low, Chapter 463, Statutes of 2019) extended the sunset date for the CRB and made additional reforms identified through the sunset review process.
- Suggested Author’s Amendment. To address the current workforce challenges and ensure that courts have a clear pathway to recruit and maintain a licensed and skilled court reporter workforce, the bill should be amended to establish an Associate Court Reporter License accessible to those who have passed the Part 1 English, and Part 2 Professional Practice of the state examination and have received at least a 95% on Part 3 Dictation/Transcription of the state examination, passed a specified national examination, and otherwise met all other licensing requirements to obtain a trainee license to work within the court system. The bill should also be amended to reflect opportunities for reciprocity with national examinations and portions of the state examination.
SUPPORT AND OPPOSITION:
Support:
None received
Opposition:
None received
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 3252
Author:(Committee on Business and Professions)
As Amended Ver:April 17, 2024
2/3 vote
SUMMARY
Extends the sunset date for the Court Reporters Board (CRB) until January 1, 2029 and makes additional technical changes, statutory improvements, and policy reforms in response to issues raised during the CRB's sunset review oversight process.
Major Provisions
- Extends the sunset date for the CRB and its authority to appoint an executive officer and other employees until January 1, 2029.
- Extends provisions establishing and implementing the Transcript Reimbursement Fund (TRF until January 1, 2029.
- Extends the CRB’s firm registration program until January 1, 2029.
COMMENTS
Sunset review. In order to ensure that California's myriad professional boards and bureaus are meeting the state's public protection priorities, authorizing statutes for these regulatory bodies are subject to statutory dates of repeal, at which point the entity "sunsets" unless the date is extended by the Legislature. The sunset oversight process provides a regular forum for discussion around the successes and challenges of various programs and the consideration of proposed changes to laws governing the regulation of professionals. Currently, the sunset review process applies to approximately three dozen different boards and bureaus under the Department of Consumer Affairs, as well as the Department of Real Estate and three nongovernmental nonprofit councils.
On a schedule averaging every four years, each entity is required to present a report to the Legislature's policy committees, which in return prepare a comprehensive background paper on the efficacy and efficiency of their licensing and enforcement programs. Both the Administration and regulated professional stakeholders actively engage in this process. Legislation is then subsequently introduced extending the repeal date for the entity along with any reforms identified during the sunset review process.
Court Reporters Board. The CRB is the entity responsible for licensing and regulating shorthand reporting professionals in the state. The practice of shorthand reporting consists of making a verbatim record of a court hearing, deposition, or other litigation-related proceeding where an accurate transcript is essential. Traditional stenographic shorthand reporting is performed by composing written symbols or abbreviations in shorthand or machine writing; however, the practice has recently been expanded to include voice writing, wherein the verbatim record is created through use of a closed microphone voice dictation silencer, steno mask, or similar device using oral shorthand and voice notes. The CRB also approves court reporting schools and oversees the TRF.
Transcript Reimbursement Fund. Issue #3 in the CRB's sunset background paper discussed the CRB’s administration of the TRF, a special fund fully financed by a portion of the revenue from fees charged to CSRs and registered firms. Per statute, fee revenue in excess of funds needed to support the Board's operating budget for the fiscal year is transferred to the TRF to reimburse indigent and low-income persons, as well as pro se litigants, for shorthand reporter transcript costs. When there is sufficient revenue to sustain the CRB's operations for at least six months of its operating budget, statute provides that $300,000 be transferred to the TRF each year in $100,000 increments.
The TRF consists of a Pro Bono program (used to reimburse costs incurred by attorneys representing litigants at no cost to the litigant) and a Pro Per Program (used to reimburse costs for pro se litigants representing themselves), both of which ensure all litigants have access to court reporting transcripts for civil cases. Historically, the TRF was underutilized by indigent and low-income litigants represented by pro bono attorneys or qualified non-profit entities. The Pro Per Program was subsequently created in order to maximize the benefits of the TRF and expand access to justice for those most in need.
The CRB's sunset bill in 2019 included language that required the CRB to report information to the Legislature for purposes of determining the feasibility of funding the TRF through a distinct assessment collected separately from certificate fees. The CRB subsequently submitted a report in July of 2022 that provided data about the number of reimbursement requests it had received, approved, and denied, as well as data relating to the amount of funds disbursed. While the CRB's report provided valuable information about the status of the TRF program, it did not include any specific recommendations about how its funding mechanism could be transitioned to a separate fee assessment. While discussions about the feasibility of providing for this type of assessment are ongoing, this bill would extend the TRF and its implementing statutes by an additional four years.
Court Reporting Firms. Issue #11 in the CRB's sunset background paper discussed recently enacted registration requirements on court reporting corporations. During the CRB's 2015 sunset review, it was noted that there was a substantial amount of unlicensed activity relating to foreign corporations who offered court reporting services in California without authorization from the CRB. A task force determined that a legislative fix was necessary to address this issue, which led to several years of attempted legislation to provide for meaningful oversight of unlicensed out-of-state firms by the CRB.
During the CRB's 2019 sunset review, the background paper analyzed the issue of out-of-state firms and concluded: "Given the recent court ruling, the Committees may wish to consider whether it would be appropriate to revisit the issue of requiring out-of-state firms to register with the Board if they are engaged in arranging for shorthand reporting services." Legislation to create a regulatory framework for out-of-state firms to provide shorthand reporting services within California by registering with the CRB was ultimately enacted as part of Senate Bill 241 (Umberg) in 2021. The provisions in the bill, which were substantially similar to language proposed during the CRB’s 2019 sunset review, give the CRB clear statutory oversight over firms outside of California by requiring all court reporting firms to designate a licensed representative who is accountable to the CRB. This is accomplished through a concept referred to as the "reporter-in-charge" mechanism.
Under the CRB's new registration program, every firm owned by a nonlicensee seeking to provide services within California must register with the CRB and designate one professional who holds a certificate issued by the CRB who is responsible for ensuring compliance with California law. This enables the CRB to utilize its existing authority to regulate firms that would otherwise be considered outside its jurisdiction. While not every employee of the firm must be certificated, an accountable representative of the firm would be entirely subject to existing CRB regulation. Every registered firm, through its reporter-in-charge, is therefore responsible for complying with all laws and regulations relating to shorthand reporting in California, and firm registrations may be revoked, suspended, denied, restricted, or subjected to other disciplinary action as the CRB deems fit for violations of law.
Registration of court reporting firms began in July of 2022, and as of July 1, 2023, there were 213 firms registered with the CRB. In its report to the Committees, the CRB refers to the registration program as "a huge benefit to the consumers of California" and states that the Board is now able to investigate and act when there are violations of California law. This bill would extend the CRB"s registration program by an additional four years.
Additional Title Protection. Issue #12 in the CRB's sunset background paper posed the question as to whether the term "voice writer" should be reserved for use only by individuals in possession of an applicable certificate from the CRB. Statute has long prohibited any person other than a CSR from using the title "certified shorthand reporter," or the abbreviation "C.S.R.," or any other words or symbols indicating or tending to indicate that they are certified by the CRB. In 2022, Assembly Bill 156 (Committee on Budget) expanded this list of protected titles and terms to additionally protect the phrases "stenographer," "reporter," "court reporter," "deposition reporter," or "digital reporter," in combination with words or phrases related to the practice of shorthand reporting that indicate certification. However, while that bill also expanded the practice of a CSR to include voice writing, it did not reserve the term "voice writer" for use by CSRs. This bill would add "voice writer" to the list of protected titles.
Workforce Shortages. Issue #15 in the CRB's sunset background paper discussed persistent concerns about the need to address increasing challenges in sustaining and growing the supply of shorthand reporters. Any proposals to allow courts to employ lesser-trained professionals, or to utilize technologies that undermine the role of a licensed reporter, have been subjected to cogent arguments about the compelling need to ensure the complete, accurate, and impartial production of a record for all court proceedings as an essential element of equal access to justice. However, the inadequate availability of CSRs in California is a problem that is both widely recognized and arguably growing. In FY 2014-15, there were 6,848 active CSRs in California; by FY 2017-18 this number had fallen to 5,886 active CSRs; this year, there was a reported 4,752 active CSRs in the state.
This consistent downward trend over the past decade reflects a more than 30% decrease in the CSR population, with no immediate evidence of impending reversal. The diminishing population of licensed reporters has been blamed by various parties on various factors, including an alleged "aging out" of the profession, low passage rates for the CSR examination, and the closure of court reporting schools. Regardless of whether there is any clear cause for the decreasing workforce, what remains undeniable are both the present and potential impacts on the rights and responsibilities of all parties in the judicial process.
In the Judicial Council's September 6, 2023 letter to the CRB, it highlighted a belief that "the declining number of court reporters threatens access to justice for court users, especially Californians who cannot afford to pay for their own reporter in cases where a court reporter is not required." As part of its request for support from the CRB, the Judicial Council asked that the Board administer a workforce survey of California's CSR population. The letter pointed out that prior surveys have been conducted by the University of California, San Francisco in collaboration with the Board of Registered Nursing and that a similar survey could allow the CRB and CSR employers, including the courts, "to access the necessary data for addressing reporter recruitment and retention need."
The Judicial Council has also suggested that the CRB "consider leveraging its expertise to improve pass rates," pointing to its own success with increasing pass rates for the Bilingual Interpreting Examination by contracting with a vendor to provide a free instructor-led education program for individuals who it identified as "near passers" who only narrowly failed the exam. The CRB may consider instituting a program similar to the Judicial Council's as a way of improving passage rates and making further effort to address persistent workforce issues.
This bill does not currently include any language specifically addressing workforce issues within the shorthand reporting profession. However, these challenges remain urgently in need of attention. As discussions regarding the appropriate role that the CRB could play in addressing shorthand reporter shortages in the state continue, this bill may be subsequently amended to incorporate any identified solutions.
Continued Regulation. Issue #17 in the CRB's sunset background paper evaluated whether the licensing of shorthand reporters be continued and be regulated by the CRB. The background paper concluded that while debate will persist regarding how California should move into the future with regards to the shorthand reporting profession and how new technologies should be incorporated into the judicial system, the ongoing need for strong regulation and oversight of shorthand reporters is clear. The background paper recommended that the CRB should be continued so that its important work may continue as the Legislature engages in further discussions regarding how to balance the interests of all stakeholders in pursuit of the universally shared goals of promoting the profession and preserving access to a fair and accurate record of all court proceedings. This bill would extend the CRB’s sunset dates by four years.
According to the Author
"This bill is the sunset review vehicle for the Court Reporters Board, authored by the Assembly Committee on Business and Professions. The bill extends the sunset date for the CRB and enacts technical changes, statutory improvements, and policy reforms in response to issues raised during the CRB's sunset review oversight process."
Arguments in Support
None on file.
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Assembly Committee on Appropriations, ongoing special fund costs of approximately $1.3 million annually for the continued operation of the CRB and ongoing costs of up to $300,000 per year for the continued operation of the TRF.
VOTES
ASM BUSINESS AND PROFESSIONS: 17-0-1
YES: Berman, Flora, Alanis, Bains, Juan Carrillo, Chen, Dixon, Aguiar-Curry, Irwin, Jackson, Lowenthal, McKinnor, Stephanie Nguyen, Pellerin, Sanchez, Soria, Zbur
ABS, ABST OR NV: Low
ASM APPROPRIATIONS: 15-0-0
YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua
UPDATED
VERSION: April 17, 2024
CONSULTANT: Robert Sumner / B. & P. / (916) 319-3301 FN: 0003014
Date of Hearing: May 8, 2024
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
ABPCA Bill Id:AB 3252
Author:(Committee on Business and Professions) – As Amended Ver:April 17, 2024
Policy Committee: | Business and Professions | Vote: | 17 - 0 |
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Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill extends the sunset date of the Court Reporters Board of California (Board), within the Department of Consumer Affairs (DCA), and the operation of the Transcript Reimbursement Fund (TRF) by four years, until January 1, 2029.
FISCAL EFFECT:
- Ongoing special fund costs of approximately $1.3 million annually (Court Reporters Fund) for the continued operation of the Board. Operations of the Board are fully funded with license fee revenues.
- Ongoing costs of up to $300,000 per year for the continued operation of the TRF. This fund is supported by transfers from the Court Reporters Fund. Current law requires $300,000 to be transferred annually for the purposes of the fund. In fiscal year (FY) 2022-23, 94 requests for reimbursement were approved, totaling $120,816 in disbursed funds.
COMMENTS:
- Purpose. This bill is authored by the Assembly Committee on Business and Professions as part of its review of the authorities and activities of the boards and bureaus under DCA. Existing law sunsets the operation of the Board on January 1, 2025. The issues raised concerning the Board in the Assembly Committee on Business and Professions' staff background paper and during its sunset review hearing in March of this year are in the process of being resolved with stakeholders and will be addressed as the bill moves forward.
- Background. Established in 1951 by the Legislature, the Board tests, licenses, regulates, investigates and disciplines members of the court reporting profession. Licensees of the Board are referred to as “certified shorthand reporters,” or CSRs. As of December 2023, approximately 4,752 CSRs hold an active certificate from the Board. The number of active CSRs has dropped more than 19% since the Board’s last sunset review. This shift has coincided with a debate over the role of out-of-state corporations that offer reporting services in California, with 213 firms registered with the CRB since its registration program was implemented in mid-2023. Effective January 1, 2019, the license renewal fee is $225. The statutory cap on the CRB’s license and renewal fees is $250. The fee charged for firm registration is set in regulation at $500 annually. The CRB has indicated it will likely need to increase its fees to their statutory caps in the near future to ensure that it maintains at least six months in reserve beyond FY 2026-27.
The CRB also administers the TRF. Per statute, fee revenue in excess of funds needed to support the Board’s operating budget for the fiscal year are transferred to the TRF to reimburse indigent and low-income persons, as well as pro se litigants, for shorthand reporter transcript costs. When there is sufficient revenue to sustain the Board’s operations for at least six months of its operating budget, statute provides that $300,000 be transferred from the Court Reporters Fund (the main special fund supporting the Board’s operations) to the TRF each year in $100,000 increments. While the CRB is the only dedicated revenue source for the TRF, there was a one-time transfer of $500,000 from the General Fund to the TRF in 2021.
- Related Legislation. This bill is one of several sunset review bills authored by the chairs of the Senate and Assembly business and professions committees to review and extend the operation of licensing boards and bureaus within DCA. Specifically, AB 3251 – Board of Accountancy, AB 3253 – Board for Professional Engineers, Land Surveyors, and Geologists, AB 3254 – Cemetery and Funeral Bureau, and AB 3255 – the Board of Vocational Nursing and Psychiatric Technicians of the State of California, are pending in this committee.
- Prior Legislation. AB 1520 (Low), Chapter 463, Statutes of 2019, extended the sunset date for the CRB and made additional reforms identified through the sunset review process.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: April 23, 2024
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Marc Berman, Chair
ABPCA Bill Id:AB 3252
Author:(Committee on Business and Professions) – As Amended Ver:April 17, 2024
SUBJECT: Shorthand court reporters: sunset: certification.
SUMMARY: Extends the sunset date for the Court Reporters Board (CRB) until January 1, 2029 and makes additional technical changes, statutory improvements, and policy reforms in response to issues raised during the CRB’s sunset review oversight process.
EXISTING LAW:
- Establishes the CRB within the Department of Consumer Affairs (DCA), subject to repeal on January 1, 2025. (Business and Professions Code (BPC) § 8000)
- Authorizes the CRB to appoint an executive officer and employ other employees as necessary, subject to repeal on January 1, 2025. (BPC § 8005)
- Provides the CRB with responsibility for determining the qualifications of persons applying for certificates, making rules for the examination of applicants and the issuing of certificates, granting certificates to applicants who are qualified in professional shorthand reporting, adopting rules and regulations which are reasonably necessary to carry out the provisions of the state’s court reporting laws. (BPC § 8007)
- Defines the practice of shorthand reporting as the making, by means of written symbols or abbreviations in shorthand or machine shorthand writing, of a verbatim record of any oral court proceeding, deposition, court ordered hearing or arbitration, or proceeding before any grand jury, referee, or court commissioner. (BPC § 8017)
- Defines voice writing as a verbatim record or a proceeding using a closed microphone voice dictation silencer, steno mask, or similar device using oral shorthand and voice notes made by a certified shorthand reporter. (BPC § 8017.5)
- Reserves use of the title “certified shorthand reporter,” and the abbreviation “C.S.R.” for licensees of the CRB, and prohibits the use by nonlicensees of the words “stenographer,” or “reporter,” or of the phrases “court reporter,” “deposition reporter,” or “digital reporter,” in combination with words or phrases related to the practice of shorthand. (BPC § 8018)
- Defines a shorthand reporting corporation as a corporation which is authorized to render professional services, 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 California law. (BPC § 8040)
- Establishes the Transcript Reimbursement Fund (TRF), paid for through certificate and registration fees collected by the CRB, to provide shorthand reporting services to low-income litigants in civil cases, who are unable to otherwise afford those services, including pro bono and pro per litigants, subject to repeal on January 1, 2025. (BPC § 8030.2)
- Provides for various definitions for purposes of the TRF program, subject to repeal on January 1, 2025. (BPC § 8030.4)
- Establishes the process through which the CRB disburses funds from the TRF to reimburse eligible applicants for the cost of receiving transcripts from official reporters, subject to repeal on January 1, 2025. (BPC § 8030.6)
- Provides for a process through which an applicant for transcript reimbursement through funds from the TRF can establish their eligibility for the program, subject to repeal on January 1, 2025. (BPC § 8030.8)
- Allows for firms offering shorthand reporting services that are not California-certified shorthand reporters or shorthand reporting corporations to engage in shorthand reporting services by registering with the CRB and establishing a reporter-in-charge, subject to repeal on January 1, 2025. (BPC § 8051)
THIS BILL:
- Extends the sunset date for the CRB and its authority to appoint an executive officer and other employees until January 1, 2029.
- Extends provisions establishing and implementing the TRF until January 1, 2029.
- Extends the CRB’s firm registration program until January 1, 2029.
FISCAL EFFECT: Unknown; this bill is keyed fiscal by the Legislative Counsel.
COMMENTS:
Purpose. This bill is the sunset review vehicle for the Court Reporters Board, authored by the Assembly Committee on Business and Professions. The bill extends the sunset date for the CRB and enacts technical changes, statutory improvements, and policy reforms in response to issues raised during the CRB’s sunset review oversight process.
Background.
Sunset review. In order to ensure that California’s myriad professional boards and bureaus are meeting the state’s public protection priorities, authorizing statutes for these regulatory bodies are subject to statutory dates of repeal, at which point the entity “sunsets” unless the date is extended by the Legislature. The sunset process provides a regular forum for discussion around the successes and challenges of various programs and the consideration of proposed changes to laws governing the regulation of professionals. Currently, the sunset review process applies to approximately three dozen different boards and bureaus under the Department of Consumer Affairs, as well as the Department of Real Estate and three nongovernmental nonprofit councils.
On a schedule averaging every four years, each entity is required to present a report to the Legislature’s policy committees, which in return prepare a comprehensive background paper on the efficacy and efficiency of their licensing and enforcement programs. Both the Administration and regulated professional stakeholders actively engage in this process. Legislation is then subsequently introduced extending the repeal date for the entity along with any reforms identified during the sunset review process.
The CRB is the entity responsible for licensing and regulating shorthand reporting professionals in the state. The practice of shorthand reporting consists of making a verbatim record of a court hearing, deposition, or other litigation-related proceeding where an accurate transcript is essential. Traditional stenographic shorthand reporting is performed by composing written symbols or abbreviations in shorthand or machine writing; however, the practice has recently been expanded to include voice writing, wherein the verbatim record is created through use of a closed microphone voice dictation silencer, steno mask, or similar device using oral shorthand and voice notes. The CRB also approves court reporting schools and oversees the TRF.
Licensees of the CRB are referred to as “certified shorthand reporters,” or CSRs. As of December 2023, approximately 4,752 CSRs hold an active certificate from the Board. This number has steadily decreased in recent years; the number of active CSRs has dropped more than 19 percent since the CRB’s last sunset review. Meanwhile the number of CSRs identified as practicing outside of California has steadily grown, with an increase of more than 22 percent over the past four years. This shift has coincided with a debate over the role of out-of-state corporations that offer reporting services in California, with 213 firms registered with the CRB since its registration program was implemented in mid-2023.
While statistics indicate that the shorthand reporting profession is declining in terms of the number of certificate holders, its importance remains vital. The creation and preservation of an accurate record is considered essential to the principles of justice and fairness in the judicial system. Shorthand reporters working as official reporters in a courtroom are officers of the court and the transcripts they are trusted to impartially and accurately produce are foundational to the right of appeal. Freelance reporters, who typically provide services in other litigation-related proceedings such as depositions, are equally important, particularly when recording statements given under penalty of perjury.
Issues Raised during Sunset Review. The background paper for the CRB’s sunset review oversight hearing[1] contained a total of 17 issues and recommendations, each of which is eligible to result in statutory changes enacted through the CRB’s sunset bill.
Transcript Reimbursement Fund. Issue #3 in the CRB’s sunset background paper discussed the CRB’s administration of the TRF, a special fund fully financed by a portion of the revenue from fees charged to CSRs and registered firms. Per statute, fee revenue in excess of funds needed to support the Board’s operating budget for the fiscal year is transferred to the TRF to reimburse indigent and low-income persons, as well as pro se litigants, for shorthand reporter transcript costs. When there is sufficient revenue to sustain the CRB’s operations for at least six months of its operating budget, statute provides that $300,000 be transferred to the TRF each year in $100,000 increments.
The TRF consists of a Pro Bono program (used to reimburse costs incurred by attorneys representing litigants at no cost to the litigant) and a Pro Per Program (used to reimburse costs for pro se litigants representing themselves), both of which ensure all litigants have access to court reporting transcripts for civil cases. Historically, the TRF was underutilized by indigent and low-income litigants represented by pro bono attorneys or qualified non-profit entities. The Pro Per Program was subsequently created in order to maximize the benefits of the TRF and expand access to justice for those most in need.
In 2021, language enacted in the Budget increased the maximum amount of funding allowable per case from $1,500 to $2,500 for pro se applicants and from $20,000 to $30,000 for pro bono applicants, and the annual limit of $75,000 for pro per cases was eliminated. That Budget Act also allowed for funding from sources other than licensing fees, without impacting the $300,000 annual transfer limit from the Court Reporters’ Fund to the TRF. Another budget vehicle subsequently made a one-time appropriation of $500,000 from the General Fund to the TRF.
The CRB’s sunset bill in 2019 included language that required the CRB to report information to the Legislature for purposes of determining the feasibility of funding the TRF through a distinct assessment collected separately from certificate fees. The CRB subsequently submitted a report in July of 2022 that provided data about the number of reimbursement requests it had received, approved, and denied, as well as data relating to the amount of funds disbursed. While the CRB’s report provided valuable information about the status of the TRF program, it did not include any specific recommendations about how its funding mechanism could be transitioned to a separate fee assessment. While discussions about the feasibility of providing for this type of assessment are ongoing, this bill would extend the TRF and its implementing statutes by an additional four years.
Court Reporting Firms. Issue #11 in the CRB’s sunset background paper discussed recently enacted registration requirements on court reporting corporations. During the CRB’s 2015 sunset review, it was noted that there was a substantial amount of unlicensed activity relating to foreign corporations who offered court reporting services in California without authorization from the CRB. A task force determined that a legislative fix was necessary to address this issue, which led to several years of attempted legislation to provide for meaningful oversight of unlicensed out-of-state firms by the CRB.
During the CRB’s 2019 sunset review, the background paper analyzed the issue of out-of-state firms and concluded: “Given the recent court ruling, the Committees may wish to consider whether it would be appropriate to revisit the issue of requiring out-of-state firms to register with the Board if they are engaged in arranging for shorthand reporting services.” Legislation to create a regulatory framework for out-of-state firms to provide shorthand reporting services within California by registering with the CRB was ultimately enacted as part of Senate Bill 241 (Umberg) in 2021. The provisions in the bill, which were substantially similar to language proposed during the CRB’s 2019 sunset review, give the CRB clear statutory oversight over firms outside of California by requiring all court reporting firms to designate a licensed representative who is accountable to the CRB. This is accomplished through a concept referred to as the “reporter-in-charge” mechanism.
Under the CRB’s new registration program, every firm owned by a nonlicensee seeking to provide services within California must register with the CRB and designate one professional who holds a certificate issued by the CRB who is responsible for ensuring compliance with California law. This enables the CRB to utilize its existing authority to regulate firms that would otherwise be considered outside its jurisdiction. While not every employee of the firm must be certificated, an accountable representative of the firm would be entirely subject to existing CRB regulation. Every registered firm, through its reporter-in-charge, is therefore responsible for complying with all laws and regulations relating to shorthand reporting in California, and firm registrations may be revoked, suspended, denied, restricted, or subjected to other disciplinary action as the CRB deems fit for violations of law.
Registration of court reporting firms began in July of 2022, and as of July 1, 2023, there were 213 firms registered with the CRB. In its report to the Committees, the CRB refers to the registration program as “a huge benefit to the consumers of California” and states that the Board is now able to investigate and act when there are violations of California law. This bill would extend the CRB’s registration program by an additional four years.
Additional Title Protection. Issue #12 in the CRB’s sunset background paper posed the question as to whether the term “voice writer” should be reserved for use only by individuals in possession of an applicable certificate from the CRB. Statute has long prohibited any person other than a CSR from using the title “certified shorthand reporter,” or the abbreviation “C.S.R.,” or any other words or symbols indicating or tending to indicate that they are certified by the CRB. In 2022, Assembly Bill 156 (Committee on Budget) expanded this list of protected titles and terms to additionally protect the phrases “stenographer,” “reporter,” “court reporter,” “deposition reporter,” or “digital reporter,” in combination with words or phrases related to the practice of shorthand reporting that indicate certification. However, while that bill also expanded the practice of a CSR to include voice writing, it did not reserve the term “voice writer” for use by CSRs. This bill would add the term “voice writer” to the list of protected titles.
Workforce Shortages. Issue #15 in the CRB’s sunset background paper discussed persistent concerns about the need to address increasing challenges in sustaining and growing the supply of shorthand reporters. Any proposals to allow courts to employ lesser-trained professionals, or to utilize technologies that undermine the role of a licensed reporter, have been subjected to cogent arguments about the compelling need to ensure the complete, accurate, and impartial production of a record for all court proceedings as an essential element of equal access to justice. However, the inadequate availability of CSRs in California is a problem that is both widely recognized and arguably growing. In FY 2014-15, there were 6,848 active CSRs in California; by FY 2017-18 this number had fallen to 5,886 active CSRs; this year, there was a reported 4,752 active CSRs in the state.
This consistent downward trend over the past decade reflects a more than 30 percent decrease in the CSR population, with no immediate evidence of impending reversal. The diminishing population of licensed reporters has been blamed by various parties on various factors, including an alleged “aging out” of the profession, low passage rates for the CSR examination, and the closure of court reporting schools. Regardless of whether there is any clear cause for the decreasing workforce, what remains undeniable are both the present and potential impacts on the rights and responsibilities of all parties in the judicial process.
In the Judicial Council’s September 6, 2023 letter to the CRB, it highlighted a belief that “the declining number of court reporters threatens access to justice for court users, especially Californians who cannot afford to pay for their own reporter in cases where a court reporter is not required.” As part of its request for support from the CRB, the Judicial Council asked that the Board administer a workforce survey of California’s CSR population. The letter pointed out that prior surveys have been conducted by the University of California, San Francisco in collaboration with the Board of Registered Nursing and that a similar survey could allow the CRB and CSR employers, including the courts, “to access the necessary data for addressing reporter recruitment and retention need.”
The Judicial Council has also suggested that the CRB “consider leveraging its expertise to improve pass rates,” pointing to its own success with increasing pass rates for the Bilingual Interpreting Examination by contracting with a vendor to provide a free instructor-led education program for individuals who it identified as “near passers” who only narrowly failed the exam. The CRB may consider instituting a program similar to the Judicial Council’s as a way of improving passage rates and making further effort to address persistent workforce issues.
This bill does not currently include any language specifically addressing workforce issues within the shorthand reporting profession. However, these challenges remain urgently in need of attention. As discussions regarding the appropriate role that the CRB could play in addressing shorthand reporter shortages in the state continue, this bill may be subsequently amended to incorporate any identified solutions.
Continued Regulation. Issue #17 in the CRB’s sunset background paper evaluated whether the licensing of shorthand reporters be continued and be regulated by the CRB. The background paper concluded that while debate will persist regarding how California should move into the future with regards to the shorthand reporting profession and how new technologies should be incorporated into the judicial system, the ongoing need for strong regulation and oversight of shorthand reporters is clear. The background paper recommended that the CRB should be continued so that its important work may continue as the Legislature engages in further discussions regarding how to balance the interests of all stakeholders in pursuit of the universally shared goals of promoting the profession and preserving access to a fair and accurate record of all court proceedings. This bill would extend the CRB’s sunset dates by four years.
Current Related Legislation.
AB 3251 (Committee on Business and Professions) is the sunset bill for the California Board of Accountancy. This bill is pending in this committee.
AB 3253 (Committee on Business and Professions) is the sunset bill for the Board for Professional Engineers, Land Surveyors, and Geologists. This bill is pending in this committee.
AB 3254 (Committee on Business and Professions) is the sunset bill for the Cemetery and Funeral Bureau. This bill is pending in this committee.
AB 3255 (Committee on Business and Professions) is the sunset bill for the Board of Vocational Nursing and Psychiatric Technicians of the State of California. This bill is pending in this committee.
SB 1452 (Ashby) is the sunset bill for the California Architects Board and the Landscape Architects Technical Committee. This bill is pending in the Senate Committee on Judiciary.
SB 1453 (Ashby) is the sunset bill for the Dental Board of California. This bill is pending in the Senate Committee on Business, Professions, and Economic Development.
SB 1454 (Ashby) is the sunset bill for the Bureau of Security and Investigative Services. This bill is pending in the Senate Committee on Judiciary.
SB 1455 (Ashby) is the sunset bill for the Contractors’ State License Board. This bill is pending in the Senate Committee on Business, Professions, and Economic Development.
Prior Related Legislation.
AB 1520 (Low, Chapter 463, Statutes of 2019) extended the sunset date for the CRB and made additional reforms identified through the sunset review process.
REGISTERED SUPPORT:
None on file.
REGISTERED OPPOSITION:
None on file.
Analysis Prepared by: Robert Sumner / B. & P. / (916) 319-3301
https://abp.assembly.ca.gov/media/1180 ↑
Bill Author
Bill Co-Author(s):
