BILL NUMBER: SB 270 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Mendoza
FEBRUARY 19, 2015
An act to amend Sections 8000 and 8005 of the Business
and Professions Code, relating to court reporters. An
act to add Section 8041 to the Business and Professions Code,
relating to court reporters.
LEGISLATIVE COUNSEL'S DIGEST
SB 270, as amended, Mendoza. Court Reporters Board:
membership. Board of California: civil actions:
corporations.
Existing law provides for the certification and regulation of
shorthand reporters and for the regulation of shorthand reporting
corporations. Existing law establishes a
corporations by the Court Reporters Board of
California, which is responsible for regulating the practice of those
engaged in shorthand reporting. Existing law charges the Court
Reporters Board with the executive functions necessary to effectuate
the purposes of the provisions regulating the shorthand reporting
profession. Under existing law, the provisions establishing the board
and specifying its executive functions will become inoperative on
January 1, 2017. California.
This bill would extend the operation of the above-described
provisions relating to the Court Reporters Board until January 1,
2023.
Under existing law, a shorthand reporting corporation is a
corporation authorized to render professional services, as defined,
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 specified
provisions of law. Existing law defines a foreign professional
corporation as a corporation organized under the laws of a state of
the United States other than this state that is engaged in a
profession of a type for which there is specified authorization for
the performance of professional services by a foreign professional
corporation. Under existing law, it constitutes unprofessional
conduct and a violation of these provisions for any licensed person
to violate, attempt to violate, assist in or abet the violation of,
or conspire to violate any specified provisions of law, including
regulations adopted thereunder. Existing law prohibits a shorthand
reporting corporation from not doing or failing to do any act the
doing of which or the failure to do which would constitute
unprofessional conduct under any statute, rule, or regulation
pertaining to shorthand reporters or shorthand reporting.
This bill would authorize the board to bring a civil action in a
superior court to enjoin any person, corporation, or corporation
organized under the laws of a state of the United States other than
this state, from rendering court reporter services in this state
without ever being issued a license by the board or without
authorization to render court reporter services in this state by
satisfying specified requirements. The bill would authorize the board
to request the Attorney General to bring such an action. The bill
would require the court to, among other things, impose unspecified
monetary penalties against the person or corporation rendering
services without a license or authorization. The bill would also
authorize the court to, among other things, order restitution and
enjoin a person or corporation from taking any action constituting a
violation of any law pertaining to impartiality, as provided. The
bill would make it a misdemeanor for any person or corporation to
knowingly render court reporter services in this state without ever
being issued a license or authorized to render those services.
By creating a new 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8041 is added to the
Business and Professions Code , to read:
8041. (a) In addition to any other authority or remedy, the board
may bring a civil action in a superior court to enjoin any person,
corporation, or corporation organized under the laws of a state of
the United States other than this state, from rendering court
reporter services in this state without ever being issued a license
by the board or authorization to render court reporter services in
this state by satisfying the requirements of this article. The board
may request the Attorney General to bring an action pursuant to this
subdivision.
(b) If a civil action is brought pursuant to subdivision (a), the
court, in addition to any other remedy authorized by law, shall
impose a penalty of not less than ____ dollars ($____) and no more
than ____ dollars ($____) per day against the person or corporation
rendering services without a license or authorization, and the court
may also order restitution and the return of any payments made to the
person or corporation.
(c) In an action brought pursuant to subdivision (a), the court
may also enjoin a person or corporation from taking any action that
would otherwise constitute a violation of any statute or regulation
of the board pertaining to impartiality, including, but not limited
to, Section 2475 of Title 16 of the Code of Regulations, and the
court may impose a penalty of up to ____ dollars ($____) and
restitution for any acts undertaken by any person or corporation
rendering court reporter services in this state. In determining the
amount of the penalty, the court shall take into consideration the
frequency of the violations and the impact of those violations,
including a violation of Section 2475 of Title 16 of the Code of
Regulations.
(d) The court may designate that any transcript prepared by any
person or corporation subject to an action brought under this section
does not qualify as a certified transcript. However, the person or
corporation shall be required to reimburse the certified shorthand
reporter for the production of the transcript in accordance with
transcript fees pursuant to existing law.
(e) It shall be a misdemeanor for any person or corporation to
knowingly render court reporter services in this state without ever
being issued a license by the board or being authorized to render
court reporter services in this state pursuant to this article.
(f) The court shall award reasonable investigation and enforcement
costs to the board or Attorney General responsible for filing an
action pursuant to subdivision (a) and may also award a portion of
any unallocated penalties collected pursuant to subdivision (c) to be
used for future investigation and enforcement of this section by the
board and the Attorney General. Any such award of penalties to the
board shall be deposited in the Court Reporters' Fund and these
penalties shall be subject to appropriation by the Legislature.
(g) Nothing in this section shall be construed to change, limit,
or alter any existing authority of the board, including existing
injunctive authority.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B 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 XIII B of the
California Constitution.
SECTION 1. Section 8000 of the Business and
Professions Code is amended to read:
8000. (a) There is in the Department of Consumer Affairs a Court
Reporters Board of California, which consists of five members, three
of whom shall be public members and two of whom shall be holders of
certificates issued under this chapter who have been actively engaged
as shorthand reporters within this state for at least five years
immediately preceding their appointment.
(b) This section shall remain in effect only until January 1,
2023, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2023, deletes or extends
that date.
(c) Notwithstanding any other provision of law, the 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. 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 provisions of law.
This section shall remain in effect only until January 1, 2023,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2023, deletes or extends that date.