BILL NUMBER: SB 270	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 23, 2015
	AMENDED IN SENATE  MAY 5, 2015
	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.   state.
 The bill would authorize the board to request the Attorney
General to bring such an action. The bill would require the court to
impose specified monetary penalties against the person or corporation
rendering services without a license or authorization. The bill
would also authorize the court to 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   no  .


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  pursuant to this section  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 the requirements of this article.
  state.  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 one thousand dollars ($1,000) and
no more than two thousand five hundred dollars ($2,500) per day
against the person or corporation rendering services without a
license or authorization, and the court  , in addition to any
other restitution provided by law,  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
 ,   in addition to any other authority or remedy, 
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 California Code of Regulations,
and the court  , in addition to any other penalty provided for by
statute or regulation pursuant to this section,  may impose a
penalty of up to two thousand five hundred dollars ($2,500) and order
restitution for any acts undertaken by any person or corporation
rendering court reporter services in this state. In determining the
amount of the penalty  pursuant to this section  , 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 California 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) 
    (d)  If the board or Attorney General is granted an
injunction pursuant to subdivision (a), the court shall award
reasonable investigation and enforcement costs 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) 
    (e)  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.