BILL ANALYSIS Ó AB 804 Page 1 Date of Hearing: April 15, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 804 (Roger Hernández) - As Amended March 23, 2015 ----------------------------------------------------------------- |Policy |Business and Professions |Vote:|14 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: SUMMARY: This bill establishes continuing education requirements as a condition for state license renewal of all court reporters. Specifically, this bill: 1)Requires the Court Reporters Board of California in the AB 804 Page 2 Department of Consumer Affairs establish minimum continuing education requirements by July 1, 2016. 2)Requires the Board to establish a procedure for approving providers of continuing education courses. 3)Authorizes the Board to establish a fee for the approval of continuing education providers to cover reasonable regulatory costs, but not to exceed $40. 4)Permits the Board to revoke or deny the right of a continuing education provider for failure to comply with requirements or regulations. FISCAL EFFECT: AB 804 Page 3 Minor and absorbable costs to the Court Reporters Board to implement the changes. Any additional costs incurred to approve continuing education providers could be covered by the fee authority granted in the bill. COMMENTS: 1)Purpose and Background. There are two types of certified shorthand reporters: those who work as employees of the court system and freelance reporters who report depositions. In order to qualify for licensure, all reporters must attend one of the 14 California schools authorized by the board, and pass two written exams and a performance exam. There are approximately 7,000 court reporters in California. The Board issues a certificate for a one-year period, expiring on the last day of the birth month of the licensee. Currently, only reporters employed by the courts are required by the Judicial Council to take continuing education courses, which are intended to ensure these reporters maintain a high level of professionalism, including technical skills and knowledge of the constantly changing relevant statutes. There is no similar requirement for freelance reporters, which creates an inequity in the professional standards of the licensee. This bill closes a loophole in the licensing requirements by mandating that all reporters update their skills through continuing education, consistent with standards adopted by the board. 2)Prior Legislation. a) SB 671 (Price) of 2011 was substantially similar to this AB 804 Page 4 bill. It would have required the Board to adopt regulations to establish continuing education requirements for renewal of a certificate and to establish a procedure for approving providers of continuing education courses. SB 671 was vetoed by Governor Brown. In his veto message he expressed distaste for legally mandated "continuing education" and found the paying of fees to 'continuing education providers" to be an "unwarranted burden." b) AB 2189 (Karnette) of 2008 was also substantially similar and would have required the Board to establish continuing education requirements for renewal of a shorthand reporter's certificate and made other changes related to the certification and regulation of shorthand reporters. This bill was vetoed by Governor Schwarzenegger who noted, "The proposed continuing education requirements in this bill impose an additional burden on the regulated profession without justifying a compelling need." Analysis Prepared by:Jennifer Swenson / APPR. / (916) 319-2081 AB 804 Page 5