Representative John Knotwell proposes the following substitute bill:


1     
COURT REPORTER AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: John Knotwell

5     
Senate Sponsor: Ann Millner

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to court reporters.
10     Highlighted Provisions:
11          This bill:
12          ▸     changes the name of the Certified Court Reporters Licensing Act to the State
13     Certification of Court Reporters Act (the act);
14          ▸     defines terms, including "state certified court reporter" in the act and in the Court
15     Reporter Act;
16          ▸     describes the qualifications for receiving a state certification as a state certified
17     court reporter;
18          ▸     describes unprofessional and unlawful conduct under the act; and
19          ▸     makes technical changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          58-74-101, as last amended by Laws of Utah 2004, Chapter 77
27          58-74-102, as last amended by Laws of Utah 2016, Chapter 238
28          58-74-301, 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          58-74-303, as enacted by Laws of Utah 1997, Chapter 372
31          58-74-401, as last amended by Laws of Utah 2008, Chapter 3
32          58-74-501, as last amended by Laws of Utah 2004, Chapter 77
33          58-74-502, as last amended by Laws of Utah 2008, Chapter 3
34          78A-2-402, as last amended by Laws of Utah 2010, Chapter 34
35          78A-2-403, as renumbered and amended by Laws of Utah 2008, Chapter 3
36          78A-2-404, as renumbered and amended by Laws of Utah 2008, Chapter 3
37     REPEALS:
38          58-74-201, as last amended by Laws of Utah 2004, Chapter 77
39     

40     Be it enacted by the Legislature of the state of Utah:
41          Section 1. Section 58-74-101 is amended to read:
42     
CHAPTER 74. STATE CERTIFICATION OF COURT REPORTERS ACT

43          58-74-101. Title.
44          This chapter is known as the ["Certified Court Reporters Licensing Act."] "State
45     Certification of Court Reporters Act."
46          Section 2. Section 58-74-102 is amended to read:
47          58-74-102. Definitions.
48          In addition to the definitions in Section 58-1-102, as used in this chapter:
49          [(1) "Board" means the Certified Court Reporters Licensing Board created in Section
50     58-74-201.]
51          [(2) "Certified court reporter" means any person who engages in the practice of court
52     reporting who is:]
53          [(a) a shorthand reporter certified by the National Court Reporters Association; or]
54          [(b) a voice reporter certified by the National Verbatim Reporters Association.]
55          [(3) "Certified voice reporter" means any person licensed under this chapter who
56     engages in the practice of voice reporting.]
57          [(4) "Official court reporter" means a certified shorthand reporter employed by the
58     courts.]
59          [(5) "Official court transcriber" means a person certified in accordance with rules of the
60     Judicial Council as competent to transcribe into written form an audio or video recording of
61     court proceedings.]
62          [(6)] (1) "Practice of court reporting" means the making of a verbatim record, by
63     stenography or voice writing, of any trial, legislative public hearing, state agency public
64     hearing, deposition, examination before trial, hearing or proceeding before any grand jury,
65     referee, board, commission, master or arbitrator, or other sworn testimony given under oath.
66          [(7) "Practice of voice reporting" means the practice of making a verbatim record,
67     using voice writing.]
68          [(8) "Voice writing" means the making of a verbatim record of the spoken word by
69     means of repeating the words of the speaker into a device capable of either digital translation
70     into English text or creation of a tape or digital recording.]
71          (2) "State certified court reporter" means a person who engages in the practice of court
72     reporting and has met the requirements for state certification as a state certified court reporter.
73          [(9)] (4) "Unlawful conduct" means the same as that term is defined in Sections
74     58-1-501 and 58-74-501.
75          [(10)] (5) "Unprofessional conduct" means the same as that term is defined in
76     [Sections] Section 58-1-501 [and 58-74-502] and as may be further defined by rule.
77          Section 3. Section 58-74-301 is amended to read:
78     
Part 3. Certification

79          58-74-301. State certification required.
80          (1) [A license] State certification as a state certified court reporter is required to engage
81     in the practice of court reporting.
82          (2) The division shall [issue] grant state certification as a state certified court reporter
83     to any person who [qualifies under this chapter a license to practice as a certified court
84     reporter.] meets the requirements described in this chapter.
85          Section 4. Section 58-74-302 is amended to read:
86          58-74-302. Qualifications for state certification.
87          (1) Each applicant for [licensure as a certified court reporter] state certification as a
88     state certified court reporter under this chapter shall:
89          (a) be at least 18 years of age;
90          (b) be a citizen of the United States and a resident of the state;
91          (c) submit an application in a form prescribed by the division;
92          (d) pay a fee determined by the department under Section 63J-1-504;
93          (e) possess a high degree of skill and ability in the art of court reporting;
94          (f) produce satisfactory evidence of good moral character; and
95          (g) submit evidence that [they have] the applicant has completed and passed the
96     Registered Professional Reporter Examination of the National Court Reporters Association or
97     the Certified Verbatim Reporter Examination of the National Verbatim Reporters Association.
98          (2) Any person granted a certificate to practice as a state certified [shorthand] court
99     reporter may use the abbreviation ["C.S.R."] "C.C.R." or "C.V.R." as long as the person's
100     certificate is current and valid.
101          [(3) Any person granted a certificate to practice as a certified voice reporter may use
102     the abbreviation "C.V.R." as long as the person's certificate is current and valid.]
103          Section 5. Section 58-74-303 is amended to read:
104          58-74-303. Term of state certification -- Expiration -- Renewal.
105          (1) (a) The division shall issue each [license] state certification under this chapter in
106     accordance with a two-year renewal cycle established by rule.
107          (b) The division may by rule extend or shorten a renewal cycle by as much as one year
108     to stagger the renewal cycles it administers.
109          (2) Each [licensee] applicant shall, at the time of applying for renewal, demonstrate
110     compliance with continuing education requirements established by the division in collaboration
111     with the board.
112          (3) Each [license] state certification automatically expires on the expiration date shown
113     on the [license] state certification unless the [licensee] applicant renews it in accordance with
114     Section 58-1-308.
115          Section 6. Section 58-74-401 is amended to read:
116          58-74-401. Grounds for denial of state certification -- Disciplinary proceedings.
117          Grounds for refusing to issue a [license] state certification to an applicant, for refusing
118     to renew the [license of a licensee] state certification of an applicant, for revoking, suspending,
119     restricting, or placing on probation the [license of a licensee] state certification of a state
120     certified court reporter, for issuing a public or private reprimand to a [licensee] state certified
121     court reporter, and for issuing a cease and desist order shall be in accordance with Sections
122     58-1-401 and 78A-2-404.
123          Section 7. Section 58-74-501 is amended to read:
124          58-74-501. Unlawful conduct.
125          (1) It is unlawful for any person [not licensed] who does not have state certification in
126     accordance with this chapter to:
127          (a) assume the title state certified court reporter; or
128          (b) assume the title or use the abbreviation [C.S.R.] C.C.R. or C.V.R. or any other
129     similar words, letters, figures, or abbreviation to indicate that the person using that title or
130     abbreviation is a state certified court reporter.
131          (2) Violation of this provision is a class A misdemeanor.
132          Section 8. Section 58-74-502 is amended to read:
133          58-74-502. Unprofessional conduct.
134          "Unprofessional conduct" includes:
135          (1) conduct unbecoming [a person licensed as a certified court reporter] a state certified
136     court reporter or which is detrimental to the interests of the public;
137          (2) willful or negligent betrayal or disclosure of confidential information about which
138     [the licensee] a state certified court reporter becomes knowledgeable as a result of or incidental
139     to [his practice as a licensee] the person's practice as a state certified court reporter;
140          (3) false or deceptive representation of a [licensee's] a state certified court reporter's
141     skills, competence, capability, or resources as a state certified court reporter;
142          (4) offering, undertaking, or agreeing to undertake an assignment as a state certified
143     court reporter for which [the licensee] the state certified court reporter is not qualified, [for
144     which the licensee] cannot complete the assignment in a timely manner, or [for which the
145     licensee] does not have the resources to complete the assignment as agreed in a professional
146     manner;
147          (5) the use of any chemical, drug, or alcohol in any unlawful manner or in any manner
148     which negatively affects the ability of [the licensee] a state certified court reporter to
149     competently practice as a state certified court reporter;
150          (6) willfully and intentionally making any false or fraudulent record in the performance
151     of [his] a state certified court reporter's duties as a state certified court reporter;
152          (7) any conduct contrary to the recognized standards and ethics of the profession of a
153     state certified court reporter;
154          (8) gross incompetence in practice as a state certified court reporter;
155          (9) violation of any provision of this chapter, Section 78A-2-404, or rules promulgated
156     to regulate the practice of state certified court reporters;
157          (10) conviction of a felony or any other crime which is considered by the [board]
158     division to represent activity detrimental to the public interest as that interest is reflected in [the
159     licensee] a state certified court reporter continuing to practice as a state certified court reporter;
160     or
161          (11) attesting to or "signing off" on the transcript of any recorded proceeding unless
162     that proceeding was recorded by that person while physically present at the proceeding or was
163     personally transcribed by that person from an electronically recorded process.
164          Section 9. Section 78A-2-402 is amended to read:
165          78A-2-402. Definitions.
166          As used in this part:
167          (1) "Certified court reporter" [has the same meaning as in] means a state certified court
168     reporter as described in Title 58, Chapter 74, [Certified Court Reporters Licensing Act] State
169     Certification of Court Reporters Act.
170          [(2) "Folio" means 100 words. A number expressed as a numeral counts as one word;
171     however, any portion of the last folio is not counted.]
172          [(3)] (2) "Official court transcriber" means a person certified in accordance with rules
173     of the Judicial Council as competent to transcribe into written form an audio or video recording
174     of court proceedings.
175          Section 10. Section 78A-2-403 is amended to read:
176          78A-2-403. Appointment of court reporters -- Eligibility.
177          [(1) ]A person may not be appointed to the position of court reporter nor act in the
178     capacity of a court reporter in any court of record of this state, or before any referee, master,
179     board, or commission of this state [without a currently valid license from the Division of
180     Occupational and Professional Licensing as provided in Title 58, Chapter 74, Certified Court
181     Reporters Licensing Act.] unless the person is a state certified court reporter in accordance with
182     the provisions of Title 58, Chapter 74, State Certification of Court Reporters Act.
183          [(2) Before any person may act as a court reporter, the person shall:]
184          [(a) take, subscribe, and file the constitutional oath; and]
185          [(b) give a bond with sufficient surety, conditioned upon the faithful performance of all
186     duties, in the sum of $2,500, or larger sum if ordered by the judge.]
187          [(3) The bond shall run to the state of Utah, but an action on it may be maintained by
188     any person whose rights are affected by the failure of the reporter to perform the reporter's
189     official duties.]
190          Section 11. Section 78A-2-404 is amended to read:
191          78A-2-404. Contract restrictions.
192          (1) Any contract for court reporting services, not related to a particular case or
193     reporting incident, is prohibited between a court reporter or any other person with whom a
194     court reporter has a principal and agency relationship and any attorney, party to an action, or
195     party having a financial interest in an action. Negotiating or bidding reasonable fees, equal to
196     all the parties, on a case-by-case basis may not be prohibited.
197          (2) A certified court reporter is an officer of the court, authorized to administer oaths,
198     whose impartiality shall remain beyond question.
199          (3) This section does not apply to the courts or the administrative tribunals of this state.
200          (4) Violation of this section shall be considered unprofessional conduct as provided in
201     [Sections] Section 58-74-102 and 58-74-502, and shall be grounds for revocation of [licensure]
202     state certification only.
203          Section 12. Repealer.
204          This bill repeals:
205          Section 58-74-201, Board.