BILL ANALYSIS                                                                                                                                                                                                    �



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          SENATE THIRD READING
          SB 671 (Price)
          As Amended  May 18, 2011
          Majority vote 

           SENATE VOTE  :28-11  
           
           BUSINESS & PROFESSIONS      8-1 APPROPRIATIONS      12-5        
           
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          |Ayes:|Hayashi, Bill Berryhill,  |Ayes:|Fuentes, Blumenfield,     |
          |     |Allen, Butler, Eng,       |     |Bradford, Charles         |
          |     |Hagman, Hill, Ma          |     |Calderon, Campos, Davis,  |
          |     |                          |     |Gatto, Hall, Hill, Lara,  |
          |     |                          |     |Mitchell, Solorio         |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Smyth                     |Nays:|Harkey, Donnelly,         |
          |     |                          |     |Nielsen, Norby, Wagner    |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Requires 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 court 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. 








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          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 
            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  :  According to the Assembly Appropriations 
          Committee, costs associated with this legislation would be minor 
          and absorbable within existing resources. 

           COMMENTS  :  According to the author, "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 








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          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 that 
          loophole."
           
           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.  


           Analysis Prepared by  :    Rebecca May / B.,P. & C.P. / (916) 
          319-3301 


                                                                FN: 0001915












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