1     
COURT REPORTER AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: John Knotwell

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to court reporters.
10     Highlighted Provisions:
11          This bill:
12          ▸     repeals the Certified Court Reporters Licensing Act;
13          ▸     modifies provisions of the Court Reporter Act, including provisions that reference
14     the Certified Court Reporters Licensing Act;
15          ▸     modifies the definition of "certified court reporter"; and
16          ▸     makes technical changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          78A-2-402, as last amended by Laws of Utah 2010, Chapter 34
24          78A-2-403, as renumbered and amended by Laws of Utah 2008, Chapter 3
25          78A-2-404, as renumbered and amended by Laws of Utah 2008, Chapter 3
26          78A-2-411, as last amended by Laws of Utah 2018, Chapter 148
27     REPEALS:
28          58-74-101, as last amended by Laws of Utah 2004, Chapter 77
29          58-74-102, as last amended by Laws of Utah 2016, Chapter 238
30          58-74-201, as last amended by Laws of Utah 2004, Chapter 77
31          58-74-301, as last amended by Laws of Utah 2004, Chapter 77
32          58-74-302, as last amended by Laws of Utah 2009, Chapter 183
33          58-74-303, as enacted by Laws of Utah 1997, Chapter 372
34          58-74-401, as last amended by Laws of Utah 2008, Chapter 3
35          58-74-501, as last amended by Laws of Utah 2004, Chapter 77
36          58-74-502, as last amended by Laws of Utah 2008, Chapter 3
37     

38     Be it enacted by the Legislature of the state of Utah:
39          Section 1. Section 78A-2-402 is amended to read:
40          78A-2-402. Definitions.
41          As used in this part:
42          (1) "Certified court reporter" [has the same meaning as in Title 58, Chapter 74,
43     Certified Court Reporters Licensing Act.] means a person certified in accordance with rules of
44     the Judicial Council who engages in the practice of court reporting and who is:
45          (a) a shorthand reporter certified by the National Court Reporters Association; or
46          (b) a voice reporter certified by the National Verbatim Reporters Association.
47          (2) "Folio" means 100 words. A number expressed as a numeral counts as one word;
48     however, any portion of the last folio is not counted.
49          (3) "Official court transcriber" means a person certified in accordance with rules of the
50     Judicial Council as competent to transcribe into written form an audio or video recording of
51     court proceedings.
52          Section 2. Section 78A-2-403 is amended to read:
53          78A-2-403. Appointment of reporters -- Eligibility -- Oath -- Bond -- Action on
54     bond.
55          [(1) A person may not be appointed to the position of court reporter nor act in the
56     capacity of a court reporter in any court of record of this state, or before any referee, master,
57     board, or commission of this state without a currently valid license from the Division of
58     Occupational and Professional Licensing as provided in Title 58, Chapter 74, Certified Court
59     Reporters Licensing Act.]
60          [(2)] (1) Before any person may act as a certified court reporter, the person shall:
61          (a) take, subscribe, and file the constitutional oath; and
62          (b) give a bond with sufficient surety, conditioned upon the faithful performance of all
63     duties, in the sum of $2,500, or larger sum if ordered by the judge.
64          [(3)] (2) The bond shall run to the state of Utah, but an action on it may be maintained
65     by any person whose rights are affected by the failure of the reporter to perform the reporter's
66     official duties.
67          Section 3. Section 78A-2-404 is amended to read:
68          78A-2-404. Contract restrictions.
69          (1) Any contract for court reporting services, not related to a particular case or
70     reporting incident, is prohibited between a certified court reporter or any other person with
71     whom a certified court reporter has a principal and agency relationship and any attorney, party
72     to an action, or party having a financial interest in an action. Negotiating or bidding reasonable
73     fees, equal to all the parties, on a case-by-case basis may not be prohibited.
74          (2) A certified court reporter is an officer of the court whose impartiality shall remain
75     beyond question.
76          (3) This section does not apply to the courts or the administrative tribunals of this state.
77          [(4) Violation of this section shall be considered unprofessional conduct as provided in
78     Sections 58-74-102 and 58-74-502, and shall be grounds for revocation of licensure only.]
79          Section 4. Section 78A-2-411 is amended to read:
80          78A-2-411. Crimes.
81          Any violation of the provisions of this chapter[, except Section 78A-2-404,] is a class B
82     misdemeanor.
83          Section 5. Repealer.
84          This bill repeals:
85          Section 58-74-101, Title.
86          Section 58-74-102, Definitions.
87          Section 58-74-201, Board.
88          Section 58-74-301, Licensure required.
89          Section 58-74-302, Qualifications for licensure.
90          Section 58-74-303, Term of license -- Expiration -- Renewal.
91          Section 58-74-401, Grounds for denial of license -- Disciplinary proceedings.
92          Section 58-74-501, Unlawful conduct.
93          Section 58-74-502, Unprofessional conduct.