H.B. 154

1

CERTIFIED COURT REPORTING LICENSING ACT
2 AMENDMENTS
3 2012 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Michael T. Morley
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill adds legal videographer as a category of licensure under the Certified Court
11 Reporters Licensing Act.
12 Highlighted Provisions:
13 This bill:
14 . defines terms;
15 . adds certified legal videographer as a category of licensure under the Certified Court
16 Reporters Licensing Act;
17 . creates an exemption from being licensed as a court reporter for a person making an
18 audio or video recording, or a transcript of an audio or video recording, if the person
19 does not represent that the recording or transcript is a certified or official verbatim
20 record; and
21 . makes technical changes.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 AMENDS:

28 58-74-102, as last amended by Laws of Utah 2004, Chapter 77
29 58-74-302, as last amended by Laws of Utah 2009, Chapter 183
30 ENACTS:
31 58-74-103, Utah Code Annotated 1953
32 58-74-305, Utah Code Annotated 1953
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 58-74-102 is amended to read:
36 58-74-102. Definitions.
37 In addition to the definitions in Section 58-1-102 , as used in this chapter:
38 (1) "Board" means the Certified Court Reporters Licensing Board created in Section
39 58-74-201 .
40 [(3)] (2) "Certified court reporter" means [any] a person who engages in the practice of
41 court reporting who is:
42 (a) a shorthand reporter certified by the National Court Reporters Association; or
43 (b) a voice reporter certified by the National Verbatim Reporters Association.
44 (3) "Certified legal videographer" means a person licensed under this chapter who is
45 engaged in the practice of legal video reporting.
46 [(2)] (4) "Certified shorthand reporter" means [any] a person licensed under this
47 chapter who is engaged in the practice of shorthand reporting.
48 [(4)] (5) "Certified voice reporter" means [any] a person licensed under this chapter
49 who engages in the practice of voice reporting.
50 [(5)] (6) "Official court reporter" means a certified shorthand reporter employed by the
51 courts.
52 [(6)] (7) "Official court transcriber" means a person certified in accordance with rules
53 of the Judicial Council as competent to transcribe into written form an audio or video recording
54 of a court [proceedings] proceeding.
55 [(7)] (8) "Practice of court reporting" means [the] making [of a] an official verbatim
56 record of [any] a trial, legislative public hearing, state agency public hearing, deposition,
57 examination before trial, hearing or proceeding before [any] a grand jury, referee, board,
58 commission, master or arbitrator, or other sworn testimony given under oath.

59 (9) "Practice of legal video reporting" means making an official verbatim record using
60 videography.
61 [(8)] (10) "Practice of shorthand reporting" means [the practice of] making [a] an
62 official written verbatim record[,] using symbols or abbreviations.
63 [(9)] (11) "Practice of voice reporting" means [the practice of] making [a] an official
64 written verbatim record[,] using voice writing.
65 (12) "Videography" means making an official verbatim record using a device that
66 captures moving images and the spoken word to create a digital video recording.
67 [(10)] (13) "Voice writing" means [the] making [of a] an official written verbatim
68 record of the spoken word by means of repeating the words of the speaker into a device
69 [capable of either digital] that creates an accurate translation into English text [or creation of a
70 tape or digital recording].
71 [(11)] (14) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-74-501 .
72 [(12)] (15) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-74-502
73 and as may be further defined by rule.
74 Section 2. Section 58-74-103 is enacted to read:
75 58-74-103. Rulemaking.
76 When exercising rulemaking authority under this chapter, the division shall comply
77 with the requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
78 Section 3. Section 58-74-302 is amended to read:
79 58-74-302. Qualifications for licensure.
80 (1) [Each] An applicant for licensure [as a certified court reporter] under this chapter
81 shall:
82 (a) be at least 18 years of age;
83 (b) be a citizen of the United States;
84 (c) submit an application in a form prescribed by the division;
85 (d) pay a fee determined by the department under Section 63J-1-504 ; and
86 [(e) possess a high degree of skill and ability in the art of court reporting;]
87 [(f)] (e) produce satisfactory evidence of good moral character[; and].
88 (2) In addition to the requirements described in Subsection (1), an applicant for
89 licensure as a certified court reporter under this chapter shall:

90 (a) possess a high degree of skill and ability in the art of court reporting; and
91 [(g)] (b) submit evidence that [they have] the applicant has completed and passed the
92 Registered Professional Reporter Examination of the National Court Reporters Association or
93 the Certified Verbatim Reporter Examination of the National Verbatim Reporters Association.
94 (3) In addition to the requirements described in Subsection (1), an applicant for
95 licensure as a certified legal videographer under this chapter shall submit evidence that the
96 applicant has completed the minimum requirements to be licensed under this chapter as a
97 certified legal videographer, as established by division rule, after consultation with the board.
98 (4) The minimum requirements described in Subsection (3) shall be designed to, in the
99 least restrictive manner possible, ensure that the applicant has a knowledge of, and is willing to
100 follow, standards for videotaped depositions and other official court proceedings.
101 [(2) Any] (5) A person granted a certificate to practice as a certified shorthand reporter
102 may use the abbreviation "C.S.R." [as long as] if the person's certificate is current and valid.
103 [(3) Any] (6) A person granted a certificate to practice as a certified voice reporter
104 may use the abbreviation "C.V.R." [as long as] if the person's certificate is current and valid.
105 Section 4. Section 58-74-305 is enacted to read:
106 58-74-305. Exemptions for licensure.
107 Unless prohibited by a court, a person may make, or arrange for a person to make, an
108 audio or video recording, or a written transcription of an audio or video recording, of a
109 deposition, hearing, or other proceeding, without being licensed under this chapter, if the
110 person does not represent to another person, party, or a court that the recording or transcription
111 is a certified or official verbatim record of a deposition, hearing, or other proceeding.




Legislative Review Note
as of 2-22-12 4:26 PM

Office of Legislative Research and General Counsel