BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 15, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          804 (Roger Hernández) - As Amended March 23, 2015


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          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  
 








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            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:










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          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  
 








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               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














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