Bill Summary – FastDemocracy

General Assembly                     Raised Bill No. 5504
       February Session, 2020              LCO No. 2842
     Referred to Committee on JUDICIARY
     Introduced by:
       (JUD)
 AN ACT CONCERNING STATE REGISTRATION OF ENTITIES THAT
 PROVIDE COURT REPORTING SERVICES AND THE LICENSURE OF
 COURT REPORTERS.
 Be it enacted by the Senate and House of Representatives in General
 Assembly convened:
       Section 1. (NEW) (Effective July 1, 2020) As used in this section and
    sections 2 to 9, inclusive, of this act:
      (1) "Board" means the State Board of Examiners of Court Reporters
    appointed under section 2 of this act;
      (2) "Commissioner" means the Commissioner of Consumer
    Protection;
       (3) "Court reporting" means the verbatim transcription of the spoken
    word of a legal proceeding and the production and billing of the
    transcript of a legal proceeding;
     (4) "Court reporter" means any individual or entity, foreign or
   domestic, engaged in court reporting;
      (5) "Licensed court reporter" means an individual who holds a
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 license, pursuant to sections 6 and 7 of this act, to transcribe verbatim
 the spoken word of a legal proceeding in this state. "Licensed court
 reporter" does not include an individual who is an official court
 reporter;
   (6) "Final transcript" means the final transcribed version of the spoken
 word of a legal proceeding, irrespective of whether such transcribed
 version is the original or a copy;
   (7) "Legal proceeding" includes, but is not limited to: (A) A
 deposition; (B) an arbitration proceeding; (C) a mediation proceeding;
 (D) an administrative hearing; or (E) any similar proceeding, incident to
 an inchoate or pending legal matter in this state; and
    (8) "Official court reporter" means a court reporter employed, hired
 or appointed by a state or federal authority to make a verbatim
 transcription of the spoken word of a legal proceeding, Workers'
 Compensation Commission proceeding, or other official state or federal
 administrative proceeding.
   Sec. 2. (NEW) (Effective July 1, 2020) (a) There is established within the
 Department of Consumer Protection the State Board of Examiners of
 Court Reporters.
   (b) The board shall be composed of six members, appointed by the
 Governor as follows:
   (1) An attorney who is admitted to practice law in this state and in
 good standing and who shall be selected from a list submitted by the
 executive committee of the Connecticut Trial Lawyers Association;
   (2) Two members of the public; and
   (3) Three court reporters who shall be selected from a list submitted
 by the Connecticut Court Reporters Association.
   (c) All initial appointments to the board shall be made not later than
 September 1, 2020, and shall terminate on August 31, 2023, regardless of
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 when the initial appointment was made. Any member of the board may
 serve more than one term.
    (d) The Governor shall select the chairperson of the board from
 among the members of the board. The chairperson shall schedule the
 first meeting of the board, which shall be held not later than October 1,
 2020.
   (e) The Commissioner of Consumer Protection shall provide
 administrative support to the board.
   (f) Appointed members of the board shall serve for three-year terms,
 which shall commence on the date of appointment. Members shall
 continue to serve until their successors are appointed.
    (g) Any vacancy shall be filled by the Governor. Any vacancy
 occurring other than by expiration of term shall be filled for the balance
 of the unexpired term.
    (h) The board shall (1) have oversight and enforcement authority over
 the provisions of sections 3 to 9, inclusive, of this act, including, but not
 limited to, the registration requirements set forth in section 3 of this act,
 the examination and licensure requirements set forth in sections 6 and 7
 of this act and the course of conduct requirements set forth in sections
 3, 4, 5, 8 and 9 of this act; and (2) perform such other acts as may be
 necessary and appropriate to carry out the duties described in this
 section.
    Sec. 3. (NEW) (Effective July 1, 2020) (a) On or before October 1, 2020,
 any entity that is engaged in the business of providing court reporting
 services, soliciting business as a court reporting service or making
 representations to be, or advertising as, a court reporting service shall
 obtain a certificate of registration from the Department of Consumer
 Protection on forms prescribed by the commissioner.
    (b) The commissioner shall assess an initial registration fee of two
 hundred fifty dollars on any entity seeking a certificate of registration
 from the department pursuant to subsection (a) of this section. Such
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 registration fee shall be payable at the time of registration. All
 certificates issued under this section shall expire annually on January
 fifteenth. A holder of a certificate of registration may renew such
 certificate by filing an application for renewal with the department. The
 fee for renewal of a certificate of registration shall be two hundred fifty
 dollars.
    (c) No entity shall engage in the business of providing court reporting
 services, soliciting business as a court reporting service or making
 representations to be, or advertising as, a court reporting service in the
 state without a certificate of registration issued in accordance with the
 provisions of this section. Any entity that obtains a certificate of
 registration under this section shall: (1) Display the entity's department-
 issued registration number on its business card, stationery, transcripts,
 advertisements and any other document used by such entity in the
 provision of court reporting services, and (2) comply with the provisions
 of this section and sections 4 to 9, inclusive, of this act.
    (d) The registration requirements prescribed by this section shall not
 apply to any individual who is (1) an official court reporter, or (2)
 licensed as court reporter pursuant to sections 6 and 7 of this act.
    Sec. 4. (NEW) (Effective July 1, 2020) (a) The State Board of Examiners
 of Court Reporters, established in section 2 of this act, after a hearing
 conducted in accordance with chapter 54 of the general statutes, may
 suspend or revoke the certificate of registration of an entity providing
 court reporting services, if the holder of such certification has been
 found by the board to have knowingly made a false, misleading or
 deceptive representation relating to the provision of court reporting
 services.
    (b) In addition to any action that may be taken by the board pursuant
 to subsection (a) of this section, the board may suspend or revoke the
 certificate of registration of an entity providing court reporting services
 for:
   (1) Failing to deliver a transcript to a client or court in a timely
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 manner;
    (2) Producing an incomplete transcript, unless such incomplete
 transcript was produced upon the order of a court, agreement of the
 parties or request of a party;
    (3) Failing to charge all parties or their attorneys the same rate or
 charge for like services performed in a proceeding, including any charge
 for a copy of the transcript;
    (4) Failing to notify all parties or their attorneys of a request for all or
 part of a transcript in sufficient time for other parties or their attorneys
 to request copies to be prepared and delivered to such other parties or
 attorneys simultaneously with the delivery of the original request;
    (5) (A) Giving, directly or indirectly, any gift, incentive, reward or
 other thing of value to an attorney, the attorney's clients or the
 representatives or agents of such attorney or clients, or (B) directly or
 indirectly benefiting from any gift or being employed as a result of any
 incentive, reward or other thing of value given by any person to an
 attorney, the attorney's clients or the representatives or agents of such
 attorney or clients;
    (6) The reporting of any proceeding where the licensed court reporter
 is a relative of a party to the proceeding or an attorney representing a
 party to the proceeding within the second degree by affinity or
 consanguinity;
   (7) The reporting of any proceeding where the licensed court reporter
 has a financial interest in the proceeding or is associated with a firm that
 has a financial interest in the proceeding; or
    (8) Producing a materially inaccurate transcript.
    (c) The board may, after a hearing conducted in accordance with
 chapter 54 of the general statutes, impose a civil penalty of not more
 than one thousand dollars per violation on any entity who (1) violates
 any provision of sections 3 to 9, inclusive, of this act, or (2) wilfully
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 employs or supplies for employment as an independent contractor a
 person who engages in the practice of court reporting in this state in
 violation of (A) the provisions of sections 3 to 9, inclusive, of this act, or
 (B) any provision of regulations adopted in accordance with section 10
 of this act.
    (d) Any entity that has had a certificate of registration suspended or
 revoked pursuant to this section may reapply to the board for
 reinstatement of such entity's certificate of registration immediately
 after the registration suspension period has elapsed or not earlier than
 ninety days after the date on which the certificate of registration was
 revoked.
    Sec. 5. (NEW) (Effective July 1, 2020) (a) Except as provided in
 subsection (b) of this section, on and after October 1, 2020, no person
 shall: (1) Use the title "court reporter" or any similar designation, or
 display or use any words, letters, figures, titles, advertisements or other
 devices to indicate that such person is a licensed court reporter, or (2)
 practice court reporting for compensation in this state.
    (b) The licensure requirements prescribed in subsection (a) of this
 section and sections 6 and 7 of this act shall not apply to any individual
 who is an official court reporter, whether compensated on a salary or
 per diem basis, but only to the extent that such individual performs
 court reporting in the course of such individual's employment as an
 official court reporter.
    Sec. 6. (NEW) (Effective July 1, 2020) (a) On and after October 1, 2020,
 any person seeking licensure to practice court reporting in this state
 shall apply to the Department of Consumer Protection, in writing, on a
 form provided by the Commissioner of Consumer Protection. Such
 application shall include the applicant's name, residence address,
 business address and such other information as the commissioner may
 require.
   (b) Notwithstanding the provisions of subsection (a) of this section,
 and section 7 of this act, any person who submits evidence satisfactory
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 to the Department of Consumer Protection that such person held a
 department-issued license in good standing as a shorthand reporter on
 December 31, 2017, may, upon the request of such person and at no cost
 to such person, be issued a license by the department to practice court
 reporting for a period of three years from the date of issuance of the
 license.
    (c) Except as provided in subsection (b) of this section, each
 application for licensure to practice court reporting in this state shall be
 accompanied by a nonrefundable application fee of one hundred dollars
 and a licensure fee of two hundred dollars. The fee for the renewal of
 such licensure shall be two hundred dollars.
    Sec. 7. (NEW) (Effective July 1, 2020) (a) No person shall receive a
 license to practice court reporting in this state under this section and
 section 6 of this act unless such person has passed an examination that
 is substantially similar to the examination of the National Court
 Reporters Association, or has submitted evidence satisfactory to the
 Department of Consumer Protection that such person is a Registered
 Professional Reporter of the National Court Reporters Association or its
 equivalent.
    (b) If the applicant satisfies the requirements of this section and pays
 the fee required by section 6 of this act, the commissioner shall issue a
 license to the applicant, indicating that the person named in such license
 is authorized to practice shorthand reporting in this state. Any such
 license shall be valid for a period of three years.
    (c) Any license issued under the provisions of this section and section
 6 of this act may be renewed every three years upon payment of the fee
 required under section 6 of this act.
    (d) A person who has failed to renew such license for a period of over
 two years from the date of expiration of such license may have such
 license reinstated only upon complying with the examination
 requirements of subsection (a) of this section.
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    (e) Any person that obtains a license under this section shall: (1)
 Display the department- issued license number on the person's business
 card, stationery, transcripts, advertisements and any other document
 used by such person in the provision of court reporting services, and (2)
 comply with the provisions of sections 4 to 9, inclusive, of this act.
    Sec. 8. (NEW) (Effective July 1, 2020) (a) The State Board of Examiners
 of Court Reporters, after a hearing conducted in accordance with
 chapter 54 of the general statutes, may suspend or revoke the license of
 a court reporter if the holder of such license has been found by the board
 to have: (1) Knowingly made a false, misleading or deceptive
 representation relating to his or her work as a court reporter; or (2) been
 convicted of a felony involving fraud or dishonesty, subject to the
 provisions of section 46a-80 of the general statutes.
    (b) In addition to any action that may be taken by the board pursuant
 to subsection (a) of this section, the board may suspend or revoke the
 license of a court reporter for:
   (1) Failing to deliver a transcript to a client or court in a timely
 manner;
    (2) Producing an incomplete transcript, unless such incomplete
 transcript was produced upon the order of a court, agreement of the
 parties or request of a party;
    (3) Failing to charge all parties or their attorneys the same rate or
 charge for like services performed in a proceeding, including any charge
 for a copy of the transcript;
    (4) Failing to notify all parties or their attorneys of a request for all or
 part of a transcript in sufficient time for other parties or their attorneys
 to request copies to be prepared and delivered to such other parties or
 attorneys simultaneously with the delivery of the original request;
    (5) (A) Giving, directly or indirectly, any gift, incentive, reward or
 other thing of value to an attorney, the attorney's clients or the
 representatives or agents of such attorney or clients, or (B) directly or
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 indirectly benefiting from any gift or being employed as a result of any
 incentive, reward or other thing of value given by any person to an
 attorney, the attorney's clients or the representatives or agents of such
 attorney or clients;
    (6) The reporting of any proceeding where the licensed court reporter
 is a relative of a party to the proceeding or an attorney representing a
 party to the proceeding within the second degree by affinity or
 consanguinity;
   (7) The reporting of any proceeding where the licensed court reporter
 has a financial interest in the proceeding or is associated with a firm that
 has a financial interest in the proceeding; or
   (8) Producing a materially inaccurate transcript.
    (c) In addition to any action that may be taken by the board pursuant
 to subsections (a) and (b) of this section, the board may, after a hearing
 conducted in accordance with chapter 54 of the general statutes, impose
 a civil penalty of not more than one thousand dollars per vio