BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 270 (Mendoza) - Court Reporters Board of California:  civil  
          actions:  corporations
          
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          |Version: May 5, 2015            |Policy Vote: B., P. & E.D. 9 -  |
          |                                |          0, JUD. 5 - 1         |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: May 18, 2015      |Consultant: Mark McKenzie       |
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          This bill does not meet the criteria for referral to the  
          Suspense File.







          Bill  
          Summary:  SB 270 would authorize the Court Reporters Board of  
          California (CRB) to bring a civil action against a person or  
          corporation rendering court reporter services without a CRB  
          license.  The bill requires the court to award reasonable  
          investigation and enforcement costs if the CRB or Attorney  
          General is granted an injunction.


          Fiscal  
          Impact:  
           Unknown additional CRB enforcement costs, dependent upon the  







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            number of complaints investigated and enforcement actions.  If  
            additional staff is needed, costs could be in the range of  
            $100,000 annually. (Court Reporters Fund)  

           Unknown additional fine revenues, which are also dependent  
            upon the number of successfully adjudicated cases.  In  
            addition, there could be reimbursements for enforcement and  
            investigation costs that are awarded by the courts. (Court  
            Reporters Fund)


          Background:  Existing law provides the CRB with the authority to certify  
          and regulate shorthand reporters who perform a vital function  
          for the courts and litigants in providing official, verbatim  
          records of a variety of proceedings.  The importance of this  
          transcription function by licensed individuals is reflected in  
          California law, which requires that an official reporter of the  
          superior court take down in shorthand all testimony, objections  
          made, rulings of the court, exceptions taken, arraignments,  
          pleas, sentences, arguments of the attorneys to the jury, and  
          statements and remarks made and oral instructions given by the  
          judge or other judicial officer, in specified cases. Existing  
          law also provides that the report of the official reporter of  
          any court, when transcribed and certified as being a correct  
          transcript of the testimony and proceedings in the case, is  
          prima facie evidence of the testimony and proceedings.  
          In 2010, the CRB found that U.S. Legal, a Texas based  
          corporation, was providing court reporting services in  
          California and offering incentives and/or gifts in exchange for  
          depositions, a violation of California's professional standards.  
          U.S. Legal argued that the Board lacked jurisdiction to issue  
          citations.


          In the subsequent 2012 case, Court Reporters Board of California  
          v. U.S. Legal, the Court agreed with U.S. Legal and found that  
          the CRB has no authority to impose sanctions and fines against  
          the company for noncompliance with anti-gift-giving regulations.  
           According to the Court, although U.S. Legal was rendering court  
          reporting services in California and was in violation of  
          gift-giving regulations, there was no explicit authority in  
          current statute authorizing the board to impose sanctions or  
          fines against U.S. Legal.









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          Proposed Law:  
            SB 270 would authorize the CRB to bring a civil action, or ask  
          the Attorney General to bring an action, to enjoin any  
          unlicensed person, corporation, or foreign corporation from  
          rendering court reporter services in this state without ever  
          being issued a license by CRB, or authorized to render court  
          reporter services, as specified.  
          This bill would authorize the CRB to seek certain penalties,  
          including fines and restitution, and would require the courts to  
          award reasonable investigation and enforcement costs and  
          authorize the award of any portion of unallocated penalties, if  
          CRB or the Attorney General is granted an injunction.  The bill  
          would also authorize courts to designate that any transcript  
          prepared by any person or corporation subject to an action  
          brought under this bill does not qualify as a certified  
          transcript. 

          Finally, this bill would make it a misdemeanor for any person or  
          corporation to knowingly render court reporter services in this  
          state without ever being issued a license or authorized to  
          render those services.




          Staff  
          Comments:  This bill would provide CRB with the authority to  
          take legal action against individuals or corporations that  
          provide court reporting services without obtaining a license and  
          complying with the requirements of the relevant court reporters  
          statutes.  The fiscal impacts of the bill would depend upon the  
          number of complaints and enforcement actions taken by the CRB,  
          which is currently unknown.  The bill would likely have an  
          impact on enforcement workload, however, and to the extent the  
          bill results in more than 10 complaints annually, the CRB would  
          need additional staff to manage the increased workload, at a  
          cost in the range of $100,000 annually.  Any potential penalty  
          revenues would also be unknown and dependent upon future  
          enforcement actions, but these revenues could serve to offset  
          the additional investigation and enforcement costs.  CRB  
          indicates that any costs to update regulations would be minor  








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          and could be absorbed within existing resources.


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