S.B. 123

This document includes Senate Committee Amendments incorporated into the bill on Fri, Jan 30, 2004 at 10:44 AM by rday. --> 1

COURT REPORTER AMENDMENTS
2 2004 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Lyle W. Hillyard
5
6 LONG TITLE
7 General Description:
8 This bill amends provisions defining court reporter designations and professional
9 standards. It clarifies the prohibition against conflict of interest, provides for the
10 revocation of licensure for noncompliance, and makes technical changes.
11 Highlighted Provisions:
12 This bill:
13 . changes the designation from "shorthand reporter" to "court reporter";
14 . adds new definitions of "voice reporting" and "voice writing";
15 . allows for a new designation of "C.V.R." for voice reporters;
16 . reiterates the impartiality of court reporters; and
17 . makes technical changes.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 58-74-101, as enacted by Chapter 372, Laws of Utah 1997
25 58-74-102, as enacted by Chapter 372, Laws of Utah 1997
26 58-74-201, as enacted by Chapter 372, Laws of Utah 1997
27 58-74-301, as enacted by Chapter 372, Laws of Utah 1997

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- 2 - 28 58-74-302, as enacted by Chapter 372, Laws of Utah 1997
29 58-74-501, as enacted by Chapter 372, Laws of Utah 1997
30 58-74-502, as enacted by Chapter 372, Laws of Utah 1997
31 78-56-102, as enacted by Chapter 372, Laws of Utah 1997
32 78-56-103, as renumbered and amended by Chapter 372, Laws of Utah 1997
33 78-56-104, as renumbered and amended by Chapter 372, Laws of Utah 1997
34 78-56-106, as enacted by Chapter 372, Laws of Utah 1997
35
36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 58-74-101 is amended to read:
38 CHAPTER 74. CERTIFIED COURT REPORTERS LICENSING ACT
39 58-74-101. Title.
40 This chapter is known as the "Certified [Shorthand] Court Reporters Licensing Act."
41 Section 2. Section 58-74-102 is amended to read:
42 58-74-102. Definitions.
43 In addition to the definitions in Section 58-1-102 , as used in this chapter:
44 (1) "Board" means the Certified [Shorthand] Court Reporters Licensing Board created
45 in Section 58-74-201 .
46 (2) "Certified Shorthand Reporter" means any person licensed under this chapter who
47 is engaged in the practice of shorthand reporting.
48 (3) "Certified court reporter" means any person who engages in the practice of court
49 reporting who is:
50 (a) a shorthand reporter certified by the National Court Reporters Association; or
51 (b) a voice reporter certified by the National Verbatim Reporters Association.
52 (4) "Certified Voice Reporter" means any person licensed under this chapter who
53 engages in the practice of voice reporting.
54 [(3)] (5) "Official court reporter" means a certified shorthand reporter employed by the
55 courts.
56 [(4)] (6) "Official court transcriber" means a person certified in accordance with rules
57 of the Judicial Council as competent to transcribe into written form an audio or video recording
58 of court proceedings.

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- 3 - 59 (7) "Practice of court reporting" means the making of a verbatim record of any trial,
60 legislative public hearing, state agency public hearing, deposition, examination before trial,
61 hearing or proceeding before any grand jury, referee, board, commission, master or arbitrator,
62 or other sworn testimony given under oath.
63 [(5)] (8) "Practice of shorthand reporting" means the practice of making a verbatim
64 record, using symbols or abbreviations[, of any trial, proceeding, or hearing before any court, or
65 before any referee, master, board, or commission of this state or its political subdivisions].
66 [(6) "Registered Professional Reporter" means any person who has successfully
67 completed and passed the Registered Professional Reporter Examination of the National Court
68 Reporters Association and holds a certificate from that organization to that effect.]
69 (9) "Practice of voice reporting" means the practice of making a verbatim record, using
70 voice writing.
71 (10) "Voice writing" means the making of a verbatim record of the spoken word by
72 means of repeating the words of the speaker into a device capable of either digital translation
73 into English text or creation of a tape or digital recording.
74 [(7)] (11) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-74-501 .
75 [(8)] (12) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-74-502
76 and as may be further defined by rule.
77 Section 3. Section 58-74-201 is amended to read:
78 58-74-201. Board.
79 (1) There is created the Certified [Shorthand] Court Reporters Licensing Board
80 consisting of four persons licensed in accordance with this chapter and engaged as [shorthand]
81 court reporters within this state continuously for at least five years previous to appointment and
82 one member of the general public.
83 (2) The board shall be appointed and serve in accordance with Section 58-1-201 .
84 (3) The duties and responsibilities of the board shall be in accordance with Sections
85 58-1-202 and 58-1-203 . In addition, the board shall designate one of its members on a
86 permanent or rotating basis to:
87 (a) assist the division in reviewing complaints concerning the unlawful or
88 unprofessional conduct of a licensee; and
89 (b) advise the division in its investigation of these complaints.

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- 4 - 90 (4) A board member who has, under Subsection (3), reviewed a complaint or advised
91 in its investigation may be disqualified from participating with the board when the board serves
92 as a presiding officer of an administrative proceeding concerning the complaint.
93 Section 4. Section 58-74-301 is amended to read:
94 58-74-301. Licensure required.
95 (1) A license is required to engage in the practice of [shorthand] court reporting.
96 (2) The division shall issue to any person who qualifies under this chapter a license to
97 practice [shorthand reporting] as a certified court reporter.
98 Section 5. Section 58-74-302 is amended to read:
99 58-74-302. Qualifications for licensure.
100 (1) Each applicant for licensure as a certified [shorthand] court reporter under this
101 chapter shall:
102 (a) be at least 18 years of age;
103 (b) be a citizen of the United States;
104 (c) submit an application in a form prescribed by the division;
105 (d) pay a fee determined by the department under Subsection 63-38-3 (2);
106 (e) possess a high degree of skill and ability in the art of [shorthand] court reporting;
107 (f) produce satisfactory evidence of good moral character; and
108 (g) submit evidence that they have completed and passed the Registered Professional
109 Reporter Examination of the National Court Reporters Association or the Certified Verbatim
110 Reporter Examination of the National Verbatim Reporters Association.
111 (2) Any person granted a certificate to practice as a certified shorthand reporter [shall
112 be known as a certified shorthand reporter and] may use the abbreviation[,] "C.S.R."[,] as long
113 as [their] the person's certificate is current and valid.
114 (3) Any person granted a certificate to practice as a certified voice reporter may use the
115 abbreviation "C.V.R." as long as the person's certificate is current and valid.
116 Section 6. Section 58-74-501 is amended to read:
117 58-74-501. Unlawful conduct.
118 (1) It is unlawful for any person not licensed in accordance with this chapter to assume
119 the title or use the abbreviation C.S.R. or C.V.R. or any other similar words, letters, figures, or
120 abbreviation to indicate that the person using [them] that title or abbreviation is a certified

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- 5 - 121 [shorthand] court reporter.
122 (2) Violation of this provision is a class A misdemeanor.
123 Section 7. Section 58-74-502 is amended to read:
124 58-74-502. Unprofessional conduct.
125 "Unprofessional conduct" includes:
126 (1) conduct unbecoming a person licensed as a certified [shorthand] court reporter or
127 which is detrimental to the interests of the public;
128 (2) willful or negligent betrayal or disclosure of confidential information about which
129 the licensee becomes knowledgeable as a result of or incidental to his practice as a licensee;
130 (3) false or deceptive representation of a licensee's skills, competence, capability, or
131 resources as a certified [shorthand] court reporter;
132 (4) offering, undertaking, or agreeing to undertake an assignment as a certified
133 [shorthand] court reporter for which the licensee is not qualified, for which the licensee cannot
134 complete the assignment in a timely manner, or for which the licensee does not have the
135 resources to complete the assignment as agreed in a professional manner;
136 (5) the use of any chemical, drug, or alcohol in any unlawful manner or in any manner
137 which negatively affects the ability of the licensee to competently practice as a certified
138 [shorthand] court reporter;
139 (6) willfully and intentionally making any false or fraudulent record in the performance
140 of his duties as a certified [shorthand] court reporter;
141 (7) any conduct contrary to the recognized standards and ethics of the profession of a
142 certified [shorthand] court reporter;
143 (8) gross incompetence in practice as a certified [shorthand] court reporter;
144 (9) violation of any provision of this chapter, Section 78-56-104 , or rules promulgated
145 to regulate the practice of [shorthand] court reporters;
146 (10) conviction of a felony or any other crime which is considered by the board to
147 represent activity detrimental to the public interest as that interest is reflected in the licensee
148 continuing to practice as a certified [shorthand] court reporter; or
149 (11) attesting to or "signing off" on the transcript of any recorded proceeding unless
150 that proceeding was recorded by that person while physically present at the proceeding or was
151 personally transcribed by that person from an electronically recorded process.

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- 6 - 152 Section 8. Section 78-56-102 is amended to read:
153 78-56-102. Definitions.
154 As used in this chapter:
155 (1) "Certified [Shorthand] court reporter" has the same meaning as in Title 58, Chapter
156 74, Certified [Shorthand] Court Reporters Licensing Act.
157 (2) "Folio" means 100 words. A number expressed as a numeral counts as one word;
158 however, any portion of the last folio is not counted.
159 (3) "Official court reporter" means a certified [shorthand] court reporter employed by
160 the courts.
161 (4) "Official court transcriber" means a person certified in accordance with rules of the
162 Judicial Council as competent to transcribe into written form an audio or video recording of
163 court proceedings.
164 Section 9. Section 78-56-103 is amended to read:
165 78-56-103. Appointment of reporters -- Eligibility -- Oath -- Bond -- Action on
166 bond.
167 (1) A person may not be appointed to the position of court reporter nor act in the
168 capacity of a court reporter in any court of record of this state, or before any referee, master,
169 board, or commission of this state without a currently valid license from the Division of
170 Occupational and Professional Licensing as provided in Title 58, Chapter 74, Certified
171 [Shorthand] Court Reporters Licensing Act.
172 (2) Before any court reporter begins his duties, he shall:
173 (a) take, subscribe, and file the constitutional oath; and
174 (b) give a bond with sufficient surety, conditioned for the faithful performance of his
175 duties, in the sum of $2,500, or larger sum if ordered by the judge.
176 (3) The bond shall run to the state of Utah, but an action on it may be maintained by
177 any person whose rights are affected by the failure of the reporter to perform his official duties.
178 Section 10. Section 78-56-104 is amended to read:
179 78-56-104. Court reporters -- Contract restrictions.
180 (1) Any contract for court reporting services, not related to a particular case or
181 reporting incident, is prohibited between a court reporter or any other person with whom a
182 court reporter has a principal and agency relationship and any attorney, party to an action, or

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Senate Committee Amendments 1-30-2004 rd/ecm 183

party having a financial interest in an action. Negotiating or bidding reasonable fees, equal to
184 all the parties, on a case-by-case basis may not be prohibited.
185 (2) A S CERTIFIED s court reporter is an officer of the court whose impartiality shall remain
185a beyond
186 question.
187 [(2)] (3) This section does not apply to the courts or the administrative tribunals of this
188 state.
189 [(3)] (4) Violation of this section shall be considered unprofessional conduct as
190 provided in Sections 58-74-102 and 58-74-502 , and shall be grounds for revocation of
191 licensure only.
192 Section 11. Section 78-56-106 is amended to read:
193 78-56-106. Substitute reporters.
194 A certified [shorthand] court reporter other than an official court reporter may be
195 assigned temporarily to the duties of an official court reporter in accordance with rules of the
196 Judicial Council.

Legislative Review Note
as of 1-21-04 10:53 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel