BILL NUMBER: SB 270	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 14, 2015
	AMENDED IN SENATE  APRIL 6, 2015

INTRODUCED BY   Senator Mendoza

                        FEBRUARY 19, 2015

   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 of California:
civil actions: corporations.
   Existing law provides for the certification and regulation of
shorthand reporters and for the regulation of shorthand reporting
corporations by the Court Reporters Board of California.
   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   specified  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: 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 ($____)
  one thousand dollars ($1,000)  and no more than
 ____ dollars ($____)   two thousand  
five hundred dollars ($2,500)  per day against the person or
corporation rendering services without a license or authorization,
and the court may also order restitution and the return of any
payments made to the person or corporation.
   (c) In an action brought pursuant to subdivision (a), the court
may also enjoin a person or corporation from taking any action that
would otherwise constitute a violation of any statute or regulation
of the board pertaining to impartiality, including, but not limited
to, Section 2475 of Title 16 of the Code of Regulations, and the
court may impose a penalty of up to  ____ dollars ($____)
  two thousand   five hundred dollars ($2,500)
 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   This  section
shall  not  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.