S.B. 123 Enrolled

COURT REPORTER AMENDMENTS
2004 GENERAL SESSION
STATE OF UTAH
Sponsor: Lyle W. Hillyard

LONG TITLE
General Description:
This bill amends provisions defining court reporter designations and professional
standards. It clarifies the prohibition against conflict of interest, provides for the
revocation of licensure for noncompliance, and makes technical changes.
Highlighted Provisions:
This bill:
. changes the designation from "shorthand reporter" to "court reporter";
. adds new definitions of "voice reporting" and "voice writing";
. allows for a new designation of "C.V.R." for voice reporters;
. reiterates the impartiality of court reporters; and
. makes technical changes.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-74-101, as enacted by Chapter 372, Laws of Utah 1997
58-74-102, as enacted by Chapter 372, Laws of Utah 1997
58-74-201, as enacted by Chapter 372, Laws of Utah 1997
58-74-301, as enacted by Chapter 372, Laws of Utah 1997
58-74-302, as enacted by Chapter 372, Laws of Utah 1997
58-74-501, as enacted by Chapter 372, Laws of Utah 1997

58-74-502, as enacted by Chapter 372, Laws of Utah 1997
78-56-102, as enacted by Chapter 372, Laws of Utah 1997
78-56-103, as renumbered and amended by Chapter 372, Laws of Utah 1997
78-56-104, as renumbered and amended by Chapter 372, Laws of Utah 1997
78-56-106, as enacted by Chapter 372, Laws of Utah 1997

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 58-74-101 is amended to read:
CHAPTER 74. CERTIFIED COURT REPORTERS LICENSING ACT
58-74-101. Title.
This chapter is known as the "Certified [Shorthand] Court Reporters Licensing Act."
Section 2. Section 58-74-102 is amended 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] Court 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) "Certified court reporter" means any person who engages in the practice of court
reporting who is:
(a) a shorthand reporter certified by the National Court Reporters Association; or
(b) a voice reporter certified by the National Verbatim Reporters Association.
(4) "Certified Voice Reporter" means any person licensed under this chapter who engages
in the practice of voice reporting.
[(3)] (5) "Official court reporter" means a certified shorthand reporter employed by the
courts.
[(4)] (6) "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

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court proceedings.
(7) "Practice of court reporting" means the making of a verbatim record of any trial,
legislative public hearing, state agency public hearing, deposition, examination before trial,
hearing or proceeding before any grand jury, referee, board, commission, master or arbitrator, or
other sworn testimony given under oath.
[(5)] (8) "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].
[(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.]
(9) "Practice of voice reporting" means the practice of making a verbatim record, using
voice writing.
(10) "Voice writing" means the making of a verbatim record of the spoken word by
means of repeating the words of the speaker into a device capable of either digital translation into
English text or creation of a tape or digital recording.
[(7)] (11) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-74-501 .
[(8)] (12) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-74-502 and
as may be further defined by rule.
Section 3. Section 58-74-201 is amended to read:
58-74-201. Board.
(1) There is created the Certified [Shorthand] Court Reporters Licensing Board
consisting of four persons licensed in accordance with this chapter and engaged as [shorthand]
court 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

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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 4. Section 58-74-301 is amended to read:
58-74-301. Licensure required.
(1) A license is required to engage in the practice of [shorthand] court reporting.
(2) The division shall issue to any person who qualifies under this chapter a license to
practice [shorthand reporting] as a certified court reporter.
Section 5. Section 58-74-302 is amended to read:
58-74-302. Qualifications for licensure.
(1) Each applicant for licensure as a certified [shorthand] court 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] court 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 or the Certified Verbatim
Reporter Examination of the National Verbatim 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] the person's certificate is current and valid.

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(3) Any person granted a certificate to practice as a certified voice reporter may use the
abbreviation "C.V.R." as long as the person's certificate is current and valid.
Section 6. Section 58-74-501 is amended to read:
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 C.V.R. or any other similar words, letters, figures, or
abbreviation to indicate that the person using [them] that title or abbreviation is a certified
[shorthand] court reporter.
(2) Violation of this provision is a class A misdemeanor.
Section 7. Section 58-74-502 is amended to read:
58-74-502. Unprofessional conduct.
"Unprofessional conduct" includes:
(1) conduct unbecoming a person licensed as a certified [shorthand] court 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] court reporter;
(4) offering, undertaking, or agreeing to undertake an assignment as a certified
[shorthand] court 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] court reporter;
(6) willfully and intentionally making any false or fraudulent record in the performance of
his duties as a certified [shorthand] court reporter;
(7) any conduct contrary to the recognized standards and ethics of the profession of a

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certified [shorthand] court reporter;
(8) gross incompetence in practice as a certified [shorthand] court reporter;
(9) violation of any provision of this chapter, Section 78-56-104 , or rules promulgated to
regulate the practice of [shorthand] court 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] court 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 8. Section 78-56-102 is amended to read:
78-56-102. Definitions.
As used in this chapter:
(1) "Certified [Shorthand] court reporter" has the same meaning as in Title 58, Chapter
74, Certified [Shorthand] Court 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] court 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 9. Section 78-56-103 is amended to read:
78-56-103. Appointment of reporters -- Eligibility -- Oath -- Bond -- Action on
bond.
(1) A person may not be appointed to the position of court reporter nor act in the
capacity of a court reporter in any court of record of this state, or before any referee, master,
board, or commission of this state without a currently valid license from the Division of

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Occupational and Professional Licensing as provided in Title 58, Chapter 74, Certified
[Shorthand] Court 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 10. Section 78-56-104 is amended to read:
78-56-104. Court reporters -- Contract restrictions.
(1) Any contract for court reporting services, not related to a particular case or reporting
incident, is prohibited between a court reporter or any other person with whom a 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) A certified court reporter is an officer of the court whose impartiality shall remain
beyond question.
[(2)] (3) This section does not apply to the courts or the administrative tribunals of this
state.
[(3)] (4) Violation of this section shall be considered unprofessional conduct as provided
in Sections 58-74-102 and 58-74-502 , and shall be grounds for revocation of licensure only.
Section 11. Section 78-56-106 is amended to read:
78-56-106. Substitute reporters.
A certified [shorthand] court reporter other than an official court reporter may be assigned
temporarily to the duties of an official court reporter in accordance with rules of the Judicial
Council.

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