Amended in Assembly August 19, 2016

Amended in Assembly August 4, 2016

Amended in Assembly June 30, 2016

Amended in Assembly June 22, 2016

Amended in Assembly June 14, 2016

Amended in Assembly June 23, 2015

Amended in Senate May 5, 2015

Amended in Senate April 14, 2015

Amended in Senate April 6, 2015

Senate BillNo. 270


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. Shorthand reporting services.

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 within the Department of Consumer Affairs.

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 also provides for the formation or registration of various legal entities transacting business in this state.

This bill would authorize the Court Reporters Board of California to seek injunctive relief or issue citations, fines, and other penalties in accordance with existing law against corporations, persons, or entities, whether foreign or domestic, that for a fee or other financial consideration, offer, offer to arrange for, render, or provide the services of a certified shorthand reporter, for violations of provisions governing oral depositions inside this state imposed by the Civil Discovery Act, Moscone-Knox Professional Corporation Act, and laws governing the practice of shorthand reporting.begin insert The bill also would describe activities that this bill would not be construed to authorize, prohibit, or regulate, as provided.end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 8041 is added to the Business and
2Professions Code
, to read:

3

8041.  

(a) The board may seek injunctive relief or issue
4citations, fines, and other penalties in accordance with existing
5law against corporations, persons, or entities, whether foreign or
6domestic, that for a fee or other financial consideration, offer, offer
7to arrange for, render, or provide the services of a certified
8shorthand reporter, for violations of the following:

9(1) Chapter 9begin insert (commencing with Section 2025.010)end insert of Title 4
10of Part 4begin delete (commencing with Section 2025.010)end delete of the Code of
11Civil Procedure.

12(2) Part 4begin insert (commencing with Section 13400)end insert of Division 3 of
13Title 1begin delete (commencing with Section 13400)end delete of the Corporations
14Code.

15(3) This chapter (commencing with Section 8000).

16(4) Section 2475 of Title 16 of the California Code of
17Regulations, as that section read on January 1, 2016.

18(b) Nothing in this section shall be construed to authorizebegin delete or
19prohibitend delete
an individual without a certification issued pursuant to
20this chapter to practice shorthand reporting, as defined in Section
21
begin delete 8017,end deletebegin delete orend deletebegin insert 8017.end insert

P3    1begin insert(c)end insertbegin insertend insertbegin insertNothing in this section shall beend insert construed to authorize or
2prohibit the provision of shorthand reporting services by a foreign
3corporation in violation of subdivision (c) of Section 13401 of the
4Corporationsbegin delete Code,end deletebegin insert Codeend insert or construed to authorize or prohibit
5violations of Section 8044.

begin insert

6
(d) Nothing in this section shall be construed to regulate the
7setting of negotiated transcript fees and reasonable fees for
8noncontracting parties as long as the fees are otherwise in
9compliance with applicable law.

end insert


O

    90