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S.B. 155 Enrolled

    

COURT REPORTER AMENDMENTS

    
1997 GENERAL SESSION

    
STATE OF UTAH

    
Sponsor: Craig A. Peterson

    AN ACT RELATING TO OCCUPATIONS AND PROFESSIONS AND THE JUDICIAL CODE;
    CREATING THE CERTIFIED SHORTHAND REPORTERS LICENSING ACT TO BE
    ADMINISTERED BY THE DIVISION OF OCCUPATIONAL AND PROFESSIONAL
    LICENSING WITHIN THE DEPARTMENT OF COMMERCE; CREATING THE
    COURT REPORTER ACT TO BE ADMINISTERED BY THE COURTS; AND
    PROVIDING AN EFFECTIVE DATE.
    This act affects sections of Utah Code Annotated 1953 as follows:
    AMENDS:
         26-4-21, as last amended by Chapter 38, Laws of Utah 1993
         77-10a-13, as last amended by Chapter 5, Laws of Utah 1991
         77-10a-20, as enacted by Chapter 318, Laws of Utah 1990
    ENACTS:
         58-74-101, Utah Code Annotated 1953
         58-74-102, Utah Code Annotated 1953
         58-74-201, Utah Code Annotated 1953
         58-74-301, Utah Code Annotated 1953
         58-74-302, Utah Code Annotated 1953
         58-74-303, Utah Code Annotated 1953
         58-74-401, Utah Code Annotated 1953
         58-74-501, Utah Code Annotated 1953
         58-74-502, Utah Code Annotated 1953
         78-56-101, Utah Code Annotated 1953
         78-56-102, Utah Code Annotated 1953
         78-56-106, Utah Code Annotated 1953
    RENUMBERS AND AMENDS:


         78-56-103, (Renumbered from 78-56-15, as last amended by Chapter 198, Laws of Utah
    1996)
         78-56-104, (Renumbered from 78-56-16.1, as last amended by Chapter 79, Laws of Utah
    1996)
         78-56-105, (Renumbered from 78-56-1.1, as last amended by Chapter 268, Laws of Utah
    1991)
         78-56-107, (Renumbered from 78-56-3, as last amended by Chapter 197, Laws of Utah
    1963)
         78-56-108, (Renumbered from 78-56-4, as last amended by Chapter 166, Laws of Utah
    1983)
         78-56-109, (Renumbered from 78-56-6, Utah Code Annotated 1953)
         78-56-110, (Renumbered from 78-56-8, as last amended by Chapters 101 and 248, Laws of
    Utah 1988)
         78-56-111, (Renumbered from 78-56-19, as last amended by Chapter 204, Laws of Utah
    1995)
    REPEALS:
         78-56-2, as last amended by Chapter 237, Laws of Utah 1987
         78-56-5, Utah Code Annotated 1953
         78-56-7, Utah Code Annotated 1953
         78-56-13, as last amended by Chapter 187, Laws of Utah 1985
         78-56-14, as last amended by Chapter 198, Laws of Utah 1996
         78-56-16, as last amended by Chapter 187, Laws of Utah 1985
         78-56-17, as last amended by Chapter 187, Laws of Utah 1985
         78-56-18, Utah Code Annotated 1953
    Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 26-4-21 is amended to read:
         26-4-21. Authority of county attorney or district attorney to subpoena witnesses and
     compel testimony -- Determination if decedent died by unlawful means.

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        (1) The district attorney or county attorney having criminal jurisdiction may subpoena
    witnesses and compel testimony concerning the death of any person and have such testimony
    reduced to writing under his direction and may employ a [stenographer] shorthand reporter for that
    purpose at the same compensation as is allowed to reporters in the district courts. When the
    testimony has been taken down by the [stenographer] shorthand reporter, a transcript thereof, duly
    certified, shall constitute the deposition of the witness.
        (2) Upon review of all facts and testimony taken concerning the death of a person, the
    district attorney or county attorney having criminal jurisdiction shall determine if the decedent died
    by unlawful means and shall also determine if criminal prosecution shall be instituted.
        Section 2. Section 58-74-101 is enacted to read:
    
CHAPTER 74. CERTIFIED SHORTHAND REPORTERS LICENSING ACT

    
Part 1. General Provisions

         58-74-101. Title.
        This chapter is known as the "Certified Shorthand Reporters Licensing Act."
        Section 3. Section 58-74-102 is enacted to read:
         58-74-102. Definitions.
        In addition to the definitions in Section 58-1-102, as used in this chapter:
        (1) "Board" means the Certified Shorthand Reporters Licensing Board created in Section
    58-74-201.
        (2) "Certified Shorthand Reporter" means any person licensed under this chapter who is
    engaged in the practice of shorthand reporting.
        (3) "Official Court Reporter" means a certified shorthand reporter employed by the courts.
        (4) "Official Court Transcriber" means a person certified in accordance with rules of the
    Judicial Council as competent to transcribe into written form an audio or video recording of court
    proceedings.
        (5) "Practice of shorthand reporting" means the practice of making a verbatim record, using
    symbols or abbreviations, of any trial, proceeding, or hearing before any court, or before any referee,
    master, board, or commission of this state or its political subdivisions.

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        (6) "Registered Professional Reporter" means any person who has successfully completed
    and passed the Registered Professional Reporter Examination of the National Court Reporters
    Association and holds a certificate from that organization to that effect.
        (7) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-74-501.
        (8) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-74-502 and as may
    be further defined by rule.
        Section 4. Section 58-74-201 is enacted to read:
         58-74-201. Board.
        (1) There is created the Certified Shorthand Reporters Licensing Board consisting of four
    persons licensed in accordance with this chapter and engaged as shorthand reporters within this state
    continuously for at least five years previous to appointment and one member of the general public.
        (2) The board shall be appointed and serve in accordance with Section 58-1-201.
        (3) The duties and responsibilities of the board shall be in accordance with Sections
    58-1-202 and 58-1-203. In addition, the board shall designate one of its members on a permanent
    or rotating basis to:
        (a) assist the division in reviewing complaints concerning the unlawful or unprofessional
    conduct of a licensee; and
        (b) advise the division in its investigation of these complaints.
        (4) A board member who has, under Subsection (3), reviewed a complaint or advised in its
    investigation may be disqualified from participating with the board when the board serves as a
    presiding officer of an administrative proceeding concerning the complaint.
        Section 5. Section 58-74-301 is enacted to read:
    
Part 3. Licensing

         58-74-301. Licensure required.
        (1) A license is required to engage in the practice of shorthand reporting.
        (2) The division shall issue to any person who qualifies under this chapter a license to
    practice shorthand reporting.
        Section 6. Section 58-74-302 is enacted to read:

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         58-74-302. Qualifications for licensure.
        (1) Each applicant for licensure as a certified shorthand reporter under this chapter shall:
        (a) be at least 18 years of age;
        (b) be a citizen of the United States;
        (c) submit an application in a form prescribed by the division;
        (d) pay a fee determined by the department under Subsection 63-38-3(2);
        (e) possess a high degree of skill and ability in the art of shorthand reporting;
        (f) produce satisfactory evidence of good moral character; and
        (g) submit evidence that they have completed and passed the Registered Professional
    Reporter Examination of the National Court Reporters Association.
        (2) Any person granted a certificate to practice as a certified shorthand reporter shall be
    known as a certified shorthand reporter and may use the abbreviation, "C.S.R.", as long as their
    certificate is current and valid.
        Section 7. Section 58-74-303 is enacted to read:
         58-74-303. Term of license -- Expiration -- Renewal.
        (1) The division shall issue each license under this chapter in accordance with a two-year
    renewal cycle established by rule. The division may by rule extend or shorten a renewal cycle by
    as much as one year to stagger the renewal cycles it administers.
        (2) Each licensee shall, at the time of applying for renewal, demonstrate compliance with
    continuing education requirements established by the division in collaboration with the board.
        (3) Each license automatically expires on the expiration date shown on the license unless
    the licensee renews it in accordance with Section 58-1-308.
        Section 8. Section 58-74-401 is enacted to read:
    
Part 4. License Denial and Discipline

         58-74-401. Grounds for denial of license -- Disciplinary proceedings.
        Grounds for refusing to issue a license to an applicant, for refusing to renew the license of
    a licensee, for revoking, suspending, restricting, or placing on probation the license of a licensee, for
    issuing a public or private reprimand to a licensee, and for issuing a cease and desist order shall be

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    in accordance with Sections 58-1-401 and 78-56-104.
        Section 9. Section 58-74-501 is enacted to read:
    
Part 5. Unprofessional Conduct -- Penalties

         58-74-501. Unlawful conduct.
        (1) It is unlawful for any person not licensed in accordance with this chapter to assume the
    title or use the abbreviation C.S.R. or any other similar words, letters, figures, or abbreviation to
    indicate that the person using them is a certified shorthand reporter.
        (2) Violation of this provision is a class A misdemeanor.
        Section 10. Section 58-74-502 is enacted to read:
         58-74-502. Unprofessional conduct.
        "Unprofessional conduct" includes:
        (1) conduct unbecoming a person licensed as a certified shorthand reporter or which is
    detrimental to the interests of the public;
        (2) willful or negligent betrayal or disclosure of confidential information about which the
    licensee becomes knowledgeable as a result of or incidental to his practice as a licensee;
        (3) false or deceptive representation of a licensee's skills, competence, capability, or
    resources as a certified shorthand reporter;
        (4) offering, undertaking, or agreeing to undertake an assignment as a certified shorthand
    reporter for which the licensee is not qualified, for which the licensee cannot complete the
    assignment in a timely manner, or for which the licensee does not have the resources to complete
    the assignment as agreed in a professional manner;
        (5) the use of any chemical, drug, or alcohol in any unlawful manner or in any manner which
    negatively affects the ability of the licensee to competently practice as a certified shorthand reporter;
        (6) willfully and intentionally making any false or fraudulent record in the performance of
    his duties as a certified shorthand reporter;
        (7) any conduct contrary to the recognized standards and ethics of the profession of a
    certified shorthand reporter;
        (8) gross incompetence in practice as a certified shorthand reporter;

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        (9) violation of any provision of this chapter or rules promulgated to regulate the practice
    of shorthand reporters;
        (10) conviction of a felony or any other crime which is considered by the board to represent
    activity detrimental to the public interest as that interest is reflected in the licensee continuing to
    practice as a certified shorthand reporter; or
        (11) attesting to or "signing off" on the transcript of any recorded proceeding unless that
    proceeding was recorded by that person while physically present at the proceeding or was personally
    transcribed by that person from an electronically recorded process.
        Section 11. Section 77-10a-13 is amended to read:
         77-10a-13. Location -- Who may be present -- Witnesses -- Witnesses who are subjects
     -- Evidence -- Contempt -- Notice -- Record of proceedings -- Disclosure.
        (1) The managing judge shall designate the place where the grand jury meets. The grand
    jury may, upon request and with the permission of the managing judge, meet and conduct business
    any place within the state. Subject to the approval of the managing judge the grand jury shall
    determine the times at which it meets.
        (2) (a) Attorneys representing the state, special prosecutors appointed under Section
    77-10a-12, the witness under examination, interpreters when needed, counsel for a witness, and a
    [stenographer] court reporter or operator of a recording device to record the proceedings may be
    present while the grand jury is in session.
        (b) No person other than the jurors may be present while the grand jury is deliberating.
        (3) (a) The attorneys representing the state and the special prosecutors may subpoena
    witnesses to appear before the grand jury and may subpoena evidence in the name of the grand jury
    without the prior approval or consent of the grand jury or the court. The jury may request that other
    witnesses or evidence be subpoenaed.
        (b) Subpoenas may be issued in the name of the grand jury to any person located within the
    state and for any evidence located within the state or as otherwise provided by law.
        (c) The managing judge may enter any order necessary to secure compliance with any
    subpoena issued in the name of the grand jury.

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        (4) (a) Any witness who appears before the grand jury shall be advised, by the attorney for
    the state or the special prosecutor, of his right to be represented by counsel.
        (b) A witness who is also a subject as defined in Section 77-10a-1 shall at the time he
    appears as a witness be advised:
        (i) of his right to be represented by counsel;
        (ii) that he is a subject;
        (iii) that he may claim his privilege against self-incrimination; and
        (iv) of the general scope of the grand jury's investigation.
        (c) A witness who is also a target as defined in Section 77-10a-1 shall at the time he appears
    as a witness, be advised:
        (i) of his right to be represented by counsel;
        (ii) that he is a target;
        (iii) that he may claim his privilege against self-incrimination;
        (iv) that the attorney for the state, the special prosecutor, or the grand jury is in possession
    of substantial evidence linking him to the commission of a crime for which he could be charged; and
        (v) of the general nature of that charge and of the evidence that would support the charge.
        (d) This subsection does not require the attorney for the state, the special prosecutor, or the
    grand jury to disclose to any subject or target the names or identities of witnesses, sources of
    information, or informants, or disclose information in detail or in a fashion that would jeopardize
    or compromise any ongoing criminal investigation or endanger any person or the community.
        (5) (a) The grand jury shall receive evidence without regard for the formal rules of evidence,
    except the grand jury may receive hearsay evidence only under the same provisions and limitations
    that apply to preliminary hearings.
        (b) Any person, including a witness who has previously testified or produced books, records,
    documents, or other evidence, may present exculpatory evidence to the attorney representing the
    state or the special prosecutor and request that it be presented to the grand jury, or request to appear
    personally before the grand jury to testify or present evidence to that body. The attorney for the state
    or the special prosecutor shall forward the request to the grand jury.

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        (c) When the attorney for the state or the special prosecutor is personally aware of substantial
    and competent evidence negating the guilt of a subject or target that might reasonably be expected
    to lead the grand jury not to indict, he shall present or otherwise disclose the evidence to the grand
    jury before the grand jury is asked to indict that person.
        (6) (a) The managing judge has the contempt power and authority inherent in the court over
    which he presides and as provided by statute.
        (b) When a witness in any proceeding before or ancillary to any grand jury appearance
    refuses to comply with an order from the managing judge to testify or provide other information,
    including any book, paper, document, record, recording, or other material without having a
    recognized privilege, the attorney for the state or special prosecutor may apply to the managing
    judge for an order directing the witness to show cause why he should not be held in contempt.
        (c) After submission of the application and a hearing at which the witness is entitled to be
    represented by counsel, the managing judge may hold the witness in contempt and order that he be
    confined, upon a finding that the refusal was not privileged.
        (d) A hearing may not be held under this part unless 72 hours notice is given to the witness
    who has refused to comply with the order to testify or provide other information, except a witness
    may be given a shorter notice if the managing judge upon a showing of special need so orders.
        (e) Any confinement for refusal to comply with an order to testify or produce other
    information shall continue until the witness is willing to give the testimony or provide the
    information. A period of confinement may not exceed the term of the grand jury, including
    extensions, before which the refusal to comply with the order occurred. In any event the
    confinement may not exceed one year.
        (f) A person confined under this subsection for refusal to testify or provide other information
    concerning any transaction, set of transactions, event, or events may not be again confined under this
    subsection or for criminal contempt for a subsequent refusal to testify or provide other information
    concerning the same transaction, set of transactions, event, or events.
        (g) Any person confined under this section may be admitted to bail or released in accordance
    with local procedures pending the determination of an appeal taken by him from the order of his

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    confinement unless the appeal affirmatively appears to be frivolous or taken for delay. Any appeal
    from an order of confinement under this section shall be disposed of as soon as practicable, pursuant
    to an expedited schedule and in no event more than 30 days from the filing of the appeal.
        (7) (a) All proceedings, except when the grand jury is deliberating or voting, shall be
    recorded stenographically or by an electronic recording device. An unintentional failure of any
    recording to reproduce all or any portion of a proceeding does not affect the validity of any
    prosecution or indictment. The recording or reporter's notes or any transcript prepared from them
    shall remain in the custody or control of the attorney for the state or the special prosecutor unless
    otherwise ordered by the managing judge in a particular case.
        (b) A grand juror, an interpreter, a [stenographer] court reporter, an operator of a recording
    device, a typist who transcribes recorded testimony, an attorney for the state or special prosecutor,
    or any person to whom disclosure is made under the provisions of this section may not disclose
    matters occurring before the grand jury except as otherwise provided in this section. A knowing
    violation of this provision may be punished as a contempt of court.
        (c) Disclosure otherwise prohibited by this section of matters occurring before the grand
    jury, other than its deliberations and the vote of any grand juror, may be made to:
        (i) an attorney for the state or a special prosecutor for use in the performance of that
    attorney's duty; and
        (ii) government personnel, including those of state, local, and federal entities and agencies,
    as are considered necessary by the attorney for the state or special prosecutor to assist him in the
    performance of his duty to enforce the state's criminal laws.
        (d) Any person to whom matters are disclosed under this section may not utilize that grand
    jury material for any purpose other than assisting the attorney for the state or the special prosecutor
    in performance of that attorney's duty to enforce the state's criminal laws. An attorney for the state
    or the special prosecutor shall promptly provide the managing judge with the names of the persons
    to whom the disclosure has been made and shall certify that the attorney has advised the person of
    his obligation of secrecy under this section.
        (e) Disclosure otherwise prohibited by this section of matters occurring before the grand jury

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    may also be made when:
        (i) directed by the managing judge or by any court before which the indictment that involves
    matters occurring before the grand jury that are subject to disclosure is to be tried, preliminary to or
    in connection with a judicial proceeding;
        (ii) permitted by the managing judge at the request of the defendant, upon a showing that
    grounds may exist for a motion to dismiss the indictment because of matters occurring before the
    grand jury;
        (iii) the disclosure is made by an attorney for the state or the special prosecutor to another
    state or local grand jury or a federal grand jury;
        (iv) permitted by the managing judge at the request of an attorney for the state or the special
    prosecutor, upon a showing that the matters may disclose a violation of federal criminal law, to an
    appropriate official of the federal government for the purpose of enforcing federal law; or
        (v) showing of special need is made and the managing judge is satisfied that disclosure of
    the information or matters is essential for the preparation of a defense.
        (f) When the matters are transcripts of testimony given by witnesses, the state or special
    prosecutor intends to call in the state's case in chief in any trial upon an indictment returned by the
    grand jury before which the witnesses testified, the attorney for the state or the special prosecutor
    shall, no later than 30 days before trial, provide the defendant with access to the transcripts. The
    attorney for the state or the special prosecutor shall at the same time provide the defendant with
    access to all exculpatory evidence presented to the grand jury prior to indictment.
        (g) When the managing judge orders disclosure of matters occurring before the grand jury,
    disclosure shall be made in a manner, at a time, and under conditions the managing judge directs.
        (h) A petition for disclosure made under Subsection (7)(e)(ii) shall be filed with the
    managing judge. Unless the hearing is ex parte, the petitioner shall serve written notice upon the
    attorney for the state or the special prosecutor, the parties to the judicial proceeding if disclosure is
    sought in connection with the proceeding, and other persons as the managing judge directs. The
    managing judge shall afford those persons a reasonable opportunity to appear and be heard.
        (8) Records, orders, and subpoenas relating to grand jury proceedings shall be kept under

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    seal to the extent and so long as necessary to prevent disclosure of matters occurring before the grand
    jury other than as provided in this section.
        (9) Subject to any right to an open hearing in contempt proceedings, the managing judge
    shall order a hearing on matters affecting a grand jury proceeding to be closed to the extent necessary
    to prevent disclosure of matters occurring before a grand jury.
        Section 12. Section 77-10a-20 is amended to read:
         77-10a-20. Expenses of grand jury -- Appropriation -- Payment by state or county.
        (1) (a) The expenses of operation of a grand jury summoned under this chapter shall be paid
    by the Judicial Council, except under Subsection (2).
        (b) Expenses include grand juror fees, rental of a facility, cost of transcripts, payment for a
    court reporter or [transcriber] electronic recording device, secretarial services, and investigation and
    recorder staff.
        (c) For this purpose, an appropriation of $25,000 is made from the General Fund to the
    Judicial Council as a separate line item in the budget of the Judicial Council.
        (d) Any amount of this appropriation remaining at the end of the fiscal year lapses into the
    General Fund.
        (2) (a) When a grand jury is summoned to investigate an allegation that is determined to be
    primarily a county-related issue, the expenses of the grand jury shall be paid by the county or
    counties involved.
        (b) The supervising judge shall determine before the grand jury is called if the allegations
    involve primarily the state or a county or counties for purposes of determining payment of expenses
    under this section.
        (3) The expenses of any grand jury and the compensation for any special prosecutor
    appointed under this chapter shall be reviewed and approved or disapproved by the clerk of the court
    under the direction of the managing judge.
        Section 13. Section 78-56-101 is enacted to read:
         78-56-101. Short title.
        This chapter is known as the Court Reporter Act.

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        Section 14. Section 78-56-102 is enacted to read:
         78-56-102. Definitions.
        As used in this chapter:
        (1) "Certified Shorthand Reporter" has the same meaning as in Title 58, Chapter 74,
    Certified Shorthand Reporters Licensing Act.
        (2) "Folio" means 100 words. A number expressed as a numeral counts as one word;
    however, any portion of the last folio is not counted.
        (3) "Official Court Reporter" means a certified shorthand reporter employed by the courts.
        (4) "Official Court Transcriber" means a person certified in accordance with rules of the
    Judicial Council as competent to transcribe into written form an audio or video recording of court
    proceedings.
        Section 15. Section 78-56-103, which is renumbered from Section 78-56-15 is renumbered
    and amended to read:
         [78-56-15].     78-56-103. Appointment of reporters -- Eligibility -- Oath -- Bond --
     Action on bond.
        [No] (1) A person may not be appointed to the position of [shorthand] court reporter nor act
    in [that] the capacity of a court reporter in any [district] court of record of this state, or before any
    referee, master, board, or commission of this state [unless the person has received] without a
    [certificate] currently valid license from the Division of Occupational and Professional Licensing
    as provided in [this chapter] Title 58, Chapter 74, Certified Shorthand Reporters Licensing Act.
        (2) Before any court reporter begins his duties, he shall:
        (a) take, subscribe, and file the constitutional oath; and
        (b) give a bond with sufficient surety, conditioned for the faithful performance of his duties,
    in the sum of $2,500, or larger sum if ordered by the judge.
        (3) The bond shall run to the state of Utah, but an action on it may be maintained by any
    person whose rights are affected by the failure of the reporter to perform his official duties.
        Section 16. Section 78-56-104, which is renumbered from Section 78-56-16.1 is renumbered
    and amended to read:

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         [78-56-16.1].     78-56-104. Court reporters -- Contract restrictions.
        (1) Any contract for court reporting services, not related to a particular case or reporting
    incident, [shall be] is prohibited between a [certified shorthand] court reporter or any other person
    with whom a [certified shorthand] court reporter has a principal and agency relationship and any
    attorney, party to an action, or party having a financial interest in an action. Negotiating or bidding
    reasonable fees, equal to all the parties, on a case-by-case basis may not be prohibited.
        (2) This section does not apply to the courts or the administrative tribunals of [the] this state
    [of Utah].
        (3) Violation of this section shall be grounds for revocation of licensure only.
        Section 17. Section 78-56-105, which is renumbered from Section 78-56-1.1 is renumbered
    and amended to read:
         [78-56-1.1].     78-56-105. Record of court proceedings -- Duties of court reporter.
        (1) The Judicial Council shall by rule provide for the means of maintaining the record of
    proceedings in the [district] courts of record by [certified shorthand] official court reporters or by
    electronic recording devices.
        (2) The official court reporter assigned to a session of court shall take full verbatim
    stenographic notes of the session, except when the judge dispenses with the verbatim record.
        (3) The official court reporter shall immediately file with the clerk of the court the original
    stenographic notes of the court session and the computer disk on which the notes are stored. If not
    already on file with the clerk of the court, the official court reporter shall file a computer disk
    containing the reporter's most current dictionary showing the meaning of the reporter's stenographic
    notes.
        (4) Upon request and the payment of fees established by Section 78-56-108, the official
    court reporter shall transcribe the stenographic notes or video or audio recording of the court session
    and furnish the transcript to the requesting party.
        Section 18. Section 78-56-106 is enacted to read:
         78-56-106. Substitute reporters.
        A certified shorthand reporter other than an official court reporter may be assigned

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    temporarily to the duties of an official court reporter in accordance with rules of the Judicial Council.
        Section 19. Section 78-56-107, which is renumbered from Section 78-56-3 is renumbered
    and amended to read:
         [78-56-3].     78-56-107. Compensation -- Traveling expenses -- Frequency of payment.
        The compensation of [a] an official court reporter shall be fixed in accordance with salary
    schedules for state court employees [for attendance upon the sessions of the court]. [He] The official
    court reporter shall also be paid for traveling expenses actually and necessarily incurred in the
    performance of [his] duties [outside the county in which he resides. Such compensation and expenses
    shall be certified by the judge to the state auditor, who shall draw his warrant upon the state treasurer
    for the amount so certified, and the same shall be paid monthly out of the state treasury] in
    accordance with Judicial Council policy.
        Section 20. Section 78-56-108, which is renumbered from Section 78-56-4 is renumbered
    and amended to read:
         [78-56-4].     78-56-108. Transcripts and copies -- Fees -- Establishment of Court
     Reporting Technology Account.
        (1) (a) The [compensation of a court reporter for transcribing into longhand or typewriting
    his stenographic notes of evidence and proceedings] fee for a transcript of a court session, or any part
    [thereof] of a court session, shall be 80 cents per folio for [an original,] the initial preparation of the
    transcript and 20 cents per folio for [additional copies, when furnished to the party initially ordering
    the transcript] a copy. If two or more [parties to an action are to be furnished a copy] persons order
    copies, the [reporter] fee shall [receive] be 30 cents per folio for the first copy furnished each [party]
    person, and 20 cents per folio for each additional copy furnished [that party, provided all copies are
    ordered before the reporter commences the first transcription of his notes] each person.
        (b) When a transcript is ordered by the court, the fees shall be paid by the parties to the
    action in equal proportion or as ordered by the court. The fee for a transcript in a criminal case in
    which the defendant is found to be impecunious shall be paid pursuant to Section 77-32-5.
        (c) There is established within the General Fund a restricted account known as the Court
    Reporting Technology Account. The clerk of the court shall transfer to the state treasurer for deposit

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    into this account all fees received under this section. The state court administrator may draw upon
    this account for the purchase, development, and maintenance of court reporting technologies and for
    other expenses necessary for maintaining a verbatim record of court sessions.
        (2) The fee for the preparation of a transcript of a court hearing by an official court
    transcriber other than an official court reporter and the fee for the preparation of the transcript by a
    certified shorthand reporter of a hearing before any referee, master, board, or commission of this
    state shall be as provided in Subsection (1)(a), and shall be payable to the person preparing the
    transcript.
        Section 21. Section 78-56-109, which is renumbered from Section 78-56-6 is renumbered
    and amended to read:
         [78-56-6].     78-56-109. Certified transcripts prima facie correct.
        A transcript of [a] an official court reporter's notes, written in longhand or typewritten,
    certified by him as being a correct transcript of evidence and proceedings, is prima facie a correct
    statement of [such] the evidence and proceedings.
        Section 22. Section 78-56-110, which is renumbered from Section 78-56-8 is renumbered
    and amended to read:
         [78-56-8].     78-56-110. Transcripts taxed as costs.
        [(1) (a) When a transcript has been ordered by the court, the fees for transcribing shall be
    paid by the respective parties to the action or proceeding in equal proportion, or in proportions as
    the court orders.] A transcript may not be taxed as costs, unless the preparation of the transcript is
    ordered either by a party or by the court. [The reporter is not required in any case to transcribe
    notes until the fees for this are tendered, or a sufficient amount to cover the fee is deposited in
    court.]
        [(b) If the court determines that the defendant in a criminal case is impecunious, the court
    shall order the certified shorthand reporter to transcribe the notes requested by the defendant. The
    cost of the transcribing shall be paid under Section 77-32-5.]
        [(2) Transcripts from electronic recordings produced by a certified court transcriber are
    governed under this section, and compensation is at the same rates as under Section 78-56-4.]

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        Section 23. Section 78-56-111, which is renumbered from Section 78-56-19 is renumbered
    and amended to read:
         [78-56-19].     78-56-111. Crimes.
        Any violation of the provisions of this chapter, except Section [78-56-16.1] 78-56-104, [shall
    be] is a misdemeanor.
        Section 24. Repealer.
        This act repeals:
        Section 78-56-2, Duties of shorthand reporter.
        Section 78-56-5, Assistant reporters -- Duties -- Compensation.
        Section 78-56-7, Oath -- Bond -- Action on bond.
        Section 78-56-13, Committee -- Creation and constitution of -- Designation and
     qualification of members -- Administration of chapter.
        Section 78-56-14, Definition of "shorthand reporter."
        Section 78-56-16, Grant of certificate.
        Section 78-56-17, Appointment of temporary substitutes.
        Section 78-56-18, Use of titles or abbreviations by certified shorthand reporter.
        Section 25. Effective date.
        This act takes effect on January 1, 1998.

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