BILL ANALYSIS Ó
AB 804
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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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