BILL ANALYSIS �
SB 671
Page 1
Date of Hearing: July 5, 2011
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
SB 671 (Price) - As Amended: May 18, 2011
SENATE VOTE : 28-11
SUBJECT : Shorthand reporters: continuing education
requirements.
SUMMARY : Require the Court Reporters Board of California
(Board), on or before July 1, 2012, to adopt regulations to
establish continuing education (CE) requirements for renewal of
a shorthand reporter's (CSR) certificate, with certain
exceptions, and requires the Board to establish a procedure for
approving providers of CE courses, as specified. Specifically,
this bill :
1)Requires the Board to adopt regulations to establish minimum
CE requirements for CSR certificate renewal on or before July
1, 2012.
2)Requires a CSR certificate holder to certify to the Board
completion of the minimum CE requirements on a form prescribed
by the Board, no earlier than six months after the effective
date of the regulations.
3)Requires the Board to ensure that the CE required under this
bill is relevant to the practice of shorthand reporting.
4)Requires the Board to establish a procedure for approving
providers of CE courses, and requires CE providers to comply
with procedures established by the Board.
5)Authorizes the Board to establish a fee for CE providers, as
specified.
6)Authorizes the Board to revoke or deny the right of a CE
provider to offer CE coursework for failure to comply with the
requirements of this bill or any regulation adopted pursuant
to this bill.
7)Authorizes the Board to establish exceptions to CE
SB 671
Page 2
requirements for a CSR certificate holder who cannot meet the
CE requirements for reasons of health, military service, or
undue hardship.
8)Provides that the CE requirements of this bill comply fully
with the guidelines for mandatory CE established by the
Department of Consumer Affairs, as specified.
9)Authorizes the Board to adopt regulations as necessary to
implement this bill.
10)Authorizes the Board to set a fee through regulation, no
greater than $40, in an amount to cover the reasonable
regulatory cost to the Board of approving CE providers.
EXISTING LAW :
1)Provides for the certification and regulation of CSRs, and the
regulation of shorthand reporting schools, by the Board.
2)Provides for the renewal of a CSR certificate if specified
requirements are met.
3)Sets forth specified fees for the examination for, and the
issuance and renewal of, a CSR certificate.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the author's office, "There
are two types of CSRs: those who work as employees of the court
system and 'freelance' reporters who report depositions.
"Even though deposition reporters are officers of the court, are
licensed and must pass a famously rigorous, practical exam; are
governed by the numerous laws that address what they do and the
technology they use are constantly changing; their honesty and
competence are absolutely critical for fair and impartial
justice; and the Judicial Council requires their colleagues who
work in court to undergo continuing education, deposition
reporters are currently the only licensees in the legal
profession not required to undergo continuing education to keep
their license.
"This bill protects litigants and consumers by simply plugging
SB 671
Page 3
that loophole."
Background . CSRs, commonly known as court reporters, typically
engage in one of two types of shorthand reporting practice.
"Official" reporters are individuals who work as employees of
the court system, and "freelance" reporters are individuals
hired privately by court reporting businesses and firms or
attorneys to report depositions. In order to obtain licensure,
both types of reporters must qualify by attending one of the 16
California schools of court reporting authorized by the Board
and passing two written exams and a performance exam. There are
currently approximately 7,700 CSR licensees statewide. The CSR
certificate is issued for a one-year period, expiring on the
last day of the birth month of the licensee.
Court reporting schools teach shorthand machine theory and speed
building classes designed to advance skills in preparation for
the state exam. Schools offer intensive classes in English
grammar, punctuation, spelling and word usage, legal and medical
terminology, deposition and court procedures, computer aided
transcription programs and current California laws relating to
court reporting. Becoming a licensed CSR requires passing a
three-part licensing exam, usually after attending a
Board-approved court reporting school.
This bill is identical to AB 2189 (Karnette) of 2008, which was
vetoed with the following message: "The proposed CE requirements
in this bill impose an additional burden on the regulated
profession without justifying a compelling need."
Support . The California Court Reporters Association writes in
support, "There are no structures in place as of this time to
ensure the consumer that the CSR, freelance or official, is
gaining or maintaining the education necessary to stay updated
on the rules, regulations and statutes that affect the way they
practice reporting. Additionally, in this world of
ever-changing technology, the consumer of the products and
services of the CSR does expect to be offered and provided the
latest technological advances that are available, i.e., realtime
reporting, Internet text streaming, transcript repositories,
exhibit scanning and linking to transcripts, and much more. The
job of the CSR has really morphed into more of an information
manager - an important and integral component to the litigation
process.
SB 671
Page 4
"In summary, mandating CE requirements will ensure that all
rules, regulations and statutes specified to the CSR are known
by and followed by the CSR?CE will provide confidence to the
citizens of the state that the verbatim record is and will
continue to be held to the highest possible standards."
Previous legislation . AB 2189 (Karnette) of 2008 requires the
Board to establish CE requirements for renewal of a shorthand
reporter certificate. This bill was vetoed.
REGISTERED SUPPORT / OPPOSITION :
Support
California Court Reporters Association (sponsor)
Deposition Reporters Association of California (sponsor)
California Official Court Reporters Association
Opposition
None on file.
Analysis Prepared by : Rebecca May / B.,P. & C.P. / (916)
319-3301