1 HB366
2 217394-1
3 By Representative Treadaway
4 RFD: State Government
5 First Read: 16-FEB-22
Page 0 1 217394-1:n:02/16/2022:KMS/cr LSA2022-618
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8 SYNOPSIS: Under existing law, the Alabama Board of
9 Court Reporting is responsible for the regulation
10 of the practice of court reporting in the state.
11 This bill would provide further for the
12 definitions of freelance court reporter, official
13 court reporter, and supervising court reporter.
14 This bill would authorize the board to meet
15 by video conference or other electronic means.
16 This bill would provide further for the
17 authority of the board to hire staff.
18 This bill would provide further for the
19 investigation of and hearings regarding complaints
20 pursuant to the Administrative Procedure Act, and
21 penalties for violations.
22 This bill would provide further for the
23 qualifications for licensure and temporary
24 licensure and practice pursuant to a temporary
25 license.
Page 1 1 This bill would provide further for
2 requirements and procedures relating to lapsed and
3 expired licenses.
4 This bill would also provide further for the
5 fees that may be charged by the board.
6
7 A BILL
8 TO BE ENTITLED
9 AN ACT
10
11 To amend Sections 34-8B-2, 34-8B-4, 34-8B-5,
12 34-8B-6, 34-8B-8, 34-8B-10, 34-8B-12, 34-8B-13, 34-8B-15,
13 34-8B-16, and 34-8B-17, Code of Alabama 1975, relating to the
14 Alabama Board of Court Reporting; to provide further for the
15 definitions of freelance, official, and supervising court
16 reporters; to authorize the board to meet by video conference
17 or other electronic means; to provide further for the
18 authority of the board to hire staff; to provide further for
19 the investigation of and hearings regarding complaints
20 pursuant to the Administrative Procedure Act; to provide
21 penalties for violations; to provide further for the
22 qualifications for licensure and temporary licensure; to
23 provide further for practice pursuant to a temporary license;
24 to provide further for requirements and procedures relating to
25 lapsed and expired licenses; and to provide further for the
26 fees that may be charged by the board.
27 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Page 2 1 Section 1. Sections 34-8B-2, 34-8B-4, 34-8B-5,
2 34-8B-6, 34-8B-8, 34-8B-10, 34-8B-12, 34-8B-13, 34-8B-15,
3 34-8B-16, and 34-8B-17 of the Code of Alabama 1975, are
4 amended to read as follows:
5 "§34-8B-2.
6 "As used in this chapter, the following terms shall
7 have the following meanings:
8 "(1) ACRA. The Alabama Court Reporters Association.
9 "(2) BOARD. The Alabama Board of Court Reporting.
10 "(3) CERTIFIED COURT REPORTER (C.C.R.). Any person
11 individual licensed pursuant to this chapter to practice
12 verbatim reporting.
13 "(4) CERTIFIED SHORTHAND REPORTER (C.S.R.). A
14 designation of certification given by the Alabama Court
15 Reporters Association for its certified members.
16 "(5) COURT REPORTER. Any person individual who is
17 engaged in the practice of court reporting as a profession,
18 including persons individuals who actually report judicial
19 proceedings in courts and persons individuals who make
20 verbatim records.
21 "(6) COURT REPORTING. The making of a verbatim
22 record by means of manual shorthand, machine shorthand, or
23 closed microphone voice dictation silencer, or by other means
24 of personal verbatim reporting of any testimony given under
25 oath before, or for submission to, any court, referee, or
26 court examiner or by any board, commission, or other body, or
Page 3 1 in any other proceeding where a verbatim record is required.
2 The taking of a deposition is the making of a verbatim record.
3 "(7) CVR. Certified verbatim reporter.
4 "(8) FISCAL YEAR. October 1 through September 30.
5 "(9) FREELANCE COURT REPORTER. A court reporter who
6 works as an independent contractor, for a court reporting
7 agency, or both, who may be hired by a law firm, an attorney,
8 a corporation, or other organization.
9 "(9)(10) FUND. The Alabama Board of Court Reporting
10 Fund.
11 "(10)(11) NCRA. The National Court Reporters
12 Association.
13 "(11)(12) NVRA. The National Verbatim Reporters
14 Association.
15 "(13) OFFICIAL COURT REPORTER. A court reporter who
16 is appointed by a judge to produce and maintain a verbatim
17 record of the matters adjudicated by that judge.
18 "(12)(14) RPR. Registered professional reporter.
19 "(13)(15) SECRETARY. A person An individual selected
20 by the board to serve as secretary of the board.
21 "(16) SUPERVISING COURT REPORTER. A freelance court
22 reporter approved by the board to provide direct supervision
23 of the practice of court reporting by a temporary licensee.
24 "§34-8B-4.
25 "(a) There is created the Alabama Board of Court
26 Reporting. The board shall be operative within 60 days of June
27 1, 2006. ACRA shall provide administrative support to the
Page 4 1 board until such time as the board employs sufficient
2 employees to implement and administer this chapter.
3 "(b) The board shall consist of seven members as
4 follows:
5 "(1) Four court reporters certified by ABCR, NCRA,
6 NVRA, or by the board, two of whom shall be employed in
7 official capacities and two of whom shall be employed in a
8 freelance setting.
9 "(2) Two members in good standing with the Alabama
10 State Bar Association.
11 "(3) One additional member.
12 "(c) Appointments to the board shall be made as
13 follows:
14 "(1) The Governor shall appoint one official court
15 reporter, one freelance court reporter, and one member of the
16 Alabama State Bar Association. ACRA, NCRA, NVRA, and the
17 Alabama State Bar Association shall respectively submit a list
18 of three names for each appointment to the Governor for
19 consideration.
20 "(2) The Lieutenant Governor shall appoint one
21 member of the Alabama State Bar Association from a list of
22 three names submitted by the Alabama State Bar Association.
23 "(3) The President Pro Tempore of the Senate shall
24 appoint one member who is an official court reporter from a
25 list of three names submitted by ACRA.
Page 5 1 "(4) The Speaker of the House of Representatives
2 shall appoint one member who is a freelance court reporter
3 from a list of three names submitted by ACRA.
4 "(5) The Chief Justice of the Alabama Supreme Court
5 shall appoint one member from a list of three names submitted
6 by the Administrative Office of Courts.
7 "(d) All members of the board shall be citizens of
8 the United States and residents of the State of Alabama. The
9 lists of names for consideration for appointment to the board
10 shall be submitted to the board by the designated
11 organizations on or before June 1, 2006. The initial terms
12 shall begin January 1, 2007, and all appointments shall be
13 made prior to January 1 of every year.
14 "(e) The initial members shall serve the following
15 terms as designated by the Governor:
16 "(1) Three members shall serve for two years.
17 "(2) Two members shall serve for three years.
18 "(3) Two members shall serve for four years.
19 "(f) Subsequent terms (e) Terms of office shall be
20 for four years. No member shall serve more than two
21 consecutive terms. In the event of a vacancy, the appointing
22 authority for the position shall fill the vacancy. Each member
23 shall serve until his or her successor is duly appointed and
24 qualified.
25 "(g) The membership of the board shall be inclusive
26 and reflect the racial, gender, geographic, urban/rural, and
27 economic diversity of the state. The board shall annually
Page 6 1 report to the Legislature by the second legislative day of
2 each regular session to what extent the board has complied
3 with the diversity provisions provided for in this subsection.
4 "(f) All appointing authorities shall coordinate
5 their appointments to ensure the board membership reflects the
6 racial, gender, geographic, urban, rural, and economic
7 diversity of the state.
8 "(h)(g) At its first meeting each calendar year, the
9 board shall elect a chair, vice chair, and secretary from its
10 membership. No member shall be elected to serve more than two
11 consecutive years in the same office.
12 "(i) After the initial appointments have been made,
13 the board shall meet by January 2007, for the purpose of
14 organizing and transacting business. Thereafter, the (h) The
15 board shall meet not less than twice annually and as
16 frequently as deemed necessary by the chair or a majority of
17 the members for the purpose of transacting business. The board
18 shall meet at such a time and place as designated by the
19 board. A quorum shall consist of four members. Members of the
20 board may participate in a meeting of the board by means of
21 telephone conference, video conference, or
22 similar communications equipment by means of which all persons
23 participating in the meeting may hear each other at the same
24 time. Participation by these means shall constitute presence
25 in person at a meeting for all purposes. However, a majority
26 of a quorum of the members of the board, shall be physically
27 present at the location noticed and called for the meeting in
Page 7 1 order to conduct any business or deliberation. Members of the
2 board may not utilize electronic communications except as in
3 compliance with the Alabama Open Meetings Act. Notice of board
4 meetings shall be provided in accordance with the
5 Alabama Open Meetings Act and telephone or video conference or
6 similar communications equipment shall also allow members of
7 the public the opportunity to simultaneously listen to or
8 observe the meetings.
9 "(i) The board shall employ and compensate
10 sufficient employees including, but not limited to, an
11 executive director, consultants, attorneys, and investigators,
12 under contract or on a part-time basis and without regard to
13 the state Merit System, to implement and administer this
14 chapter.
15 "(j) Board members shall receive the same travel
16 expenses and per diem as state employees pursuant to Article
17 2, commencing with Section 36-7-20, Chapter 7, Title 36. The
18 expenses shall be paid out of the funds of the board.
19 Reimbursement shall not be made if funds are insufficient.
20 "§34-8B-5.
21 "The board shall have all of the following duties
22 and responsibilities:
23 "(1) Act on matters concerning competency licensure
24 only and the process of granting, denying, suspending,
25 reinstating, and revoking a license.
Page 8 1 "(2) Establish a procedure for the investigation of
2 complaints against licensed court reporters and for the
3 conduct of hearings in which complaints are heard.
4 "(3) Set a fee schedule for granting licenses and
5 renewals of licenses subject to the Alabama Administrative
6 Procedure Act.
7 "(4) Maintain a current register of licensed court
8 reporters and a current register of temporarily licensed court
9 reporters. Registers shall be matters of public record.
10 "(5) Maintain a complete record of all proceedings
11 of the board.
12 "(6) Adopt continuing education requirements no
13 later than October 1, 2007. Requirements shall be implemented
14 no later than January 1, 2008, and that shall include all
15 courses approved by the Alabama State Bar for continuing legal
16 education.
17 "(7) Determine the content of and administer
18 examinations to be given to applicants for licensure as
19 certified court reporters and issue numbered licenses to
20 applicants found qualified.
21 "(8) Maintain records of its proceedings and a
22 register of all persons individuals licensed by the board
23 which shall be a public record and open to inspection.
24 "(9) Adopt standards of professional conduct for
25 licensees.
26 "§34-8B-6.
Page 9 1 "(a) On the verified complaint of any individual
2 that a court reporter has violated this chapter, the board
3 shall investigate the complaint and may bring an action in its
4 own name to hear and make a determination regarding the
5 complaint. All complaints shall be in writing, signed by the
6 person individual making the complaint, and addressed to the
7 chair executive director of the board. All complaints shall
8 contain the name and address of the person individual against
9 whom the complaint is brought and a description of the conduct
10 giving rise to the complaint. Complaints shall be submitted
11 within 90 days of such conduct and a A copy of the complaint
12 shall be provided to the licensed court reporter within five
13 business days of receipt by the board. The copy shall be sent
14 by certified mail or by such other means of delivery to ensure
15 that the licensed court reporter charged in the complaint
16 shall receive actual notice. After investigation of the
17 charges, the board shall conduct a hearing at which time it
18 may dismiss the charges, determine if a hearing is warranted,
19 dismiss the complaint, issue a reprimand, or take other action
20 to resolve the complaint by agreement. Any hearing deemed
21 warranted shall be conducted in accordance with the Alabama
22 Administrative Procedure Act, Chapter 22, Title 41. The board
23 may issue subpoenas, compel the attendance of witnesses, and
24 administer oaths to individuals giving testimony at hearings.
25 Upon a finding that a violation has occurred, the board may
26 refuse to issue a license, may impose a fine not to exceed one
27 thousand dollars ($1,000) per violation, or may issue a
Page 10 1 reprimand or letter of instruction, place the licensee on
2 probation, or revoke or suspend the license of the licensee.
3 "(b) The licensee may appeal a an adverse decision
4 of the board imposing an administrative fine or revoking or
5 suspending a license by submitting a written request to the
6 board for reconsideration within 90 30 days following the
7 adverse decision of the board. If no resolution is achieved,
8 further appeals shall be submitted to the circuit court in the
9 jurisdiction of the residence of the licensee. Appeals from a
10 board decision following a request for reconsideration, or
11 from a final decision of the board, shall lie with the Circuit
12 Court of Montgomery County, in accordance with the Alabama
13 Administrative Procedure Act. The filing of the request for
14 reconsideration shall be at the option of either party and may
15 not be deemed as a prerequisite to, or hindrance of, the right
16 of a party to judicial review of a board decision in
17 accordance with the Alabama Administrative Procedure Act.
18 "(c) Any licensee whose application for licensure or
19 for renewal of licensure was denied, or whose license was
20 revoked, may reapply after 12 months have elapsed. The board
21 may then reissue a license or rescind any disciplinary action
22 if a majority of the members vote in favor of the action.
23 "§34-8B-8.
24 "After January 1, 2007, any person individual who
25 undertakes or attempts to undertake the practice of court
26 reporting for remuneration without first having procured a
27 license, or who knowingly presents or files false information
Page 11 1 with the board for the purpose of obtaining a license or who
2 violates this chapter, upon conviction, shall be guilty of a
3 Class C Class A misdemeanor. A person An individual who is not
4 licensed may not bring or maintain an action to recover fees
5 for court reporting services that he or she performed in
6 violation of this chapter. Whenever it appears to the board
7 that any court reporter individual has violated this chapter,
8 the board may, in its own name, petition the circuit court of
9 the county in which the violation occurred may apply to any
10 court of competent jurisdiction to enjoin the violation.
11 Injunctions under this section shall be applied for in
12 accordance with the civil remedies and procedures provided in
13 Article 10, commencing with Section 6-6-500, of Chapter 6,
14 Title 6, and the Alabama Rules of Civil Procedure. An
15 application for an injunction under this section shall be in
16 addition to and not in lieu of all penalties and other
17 remedies provided in this chapter or any right of criminal
18 prosecution otherwise provided by law.
19 "§34-8B-10.
20 "(a)(1) To be licensed as a court reporter, an
21 applicant shall be a United States citizen or, if not a
22 citizen of the United States, a person who is legally present
23 in the United States with appropriate documentation from the
24 federal government, and shall satisfy either of the following
25 requirements:
Page 12 1 "a. Pass both pass the Written Knowledge Examination
2 administered by the board, ACRA, NCRA, or NVRA, and shall pass
3 an Alabama skills examination or provide.
4 "b. Provide documentation of having passed the NCRA
5 Registered Professional Reporter Examination or NVRA CVR
6 Examination.
7 "(2) The board shall examine or establish, or both,
8 examination and testing procedures to enable the board to
9 ascertain the competency of applicants for licensure. Each
10 such skills examination shall be given at least twice each
11 calendar year. Applications for licensure shall be signed and
12 sworn by the applicants and submitted on forms furnished by
13 the board. An applicant who furnishes the board with
14 satisfactory proof of graduation from a court reporting
15 program or its equivalent shall, upon payment of a reasonable
16 fee in an amount determined by the board, be examined by the
17 board. All applicants who are found qualified to engage in the
18 practice of court reporting pursuant to this chapter and proof
19 of passage of the required examinations, shall be issued a
20 license as a certified court reporter and an identifying
21 number. A court reporter shall have their license available
22 for inspection on every assignment. The license shall be valid
23 until September 30th of the year of its issuance.
24 "(b) No certified court reporter may authorize the
25 use of his or her license number on any transcript not
26 produced through his or her personal effort or supervision, or
Page 13 1 both. Violation of this subsection may be grounds for license
2 suspension or revocation.
3 "(c) The board shall approve at least two reporter
4 examinations each year and may hold such additional
5 examinations as are necessary. The secretary shall give public
6 notice of the time and place of each examination at least 120
7 days prior to the date set for the examination. Any person
8 desiring to take the examination shall file his or her
9 application with the board at least 30 days prior to the date
10 of the examination. The preparation, administration, and
11 grading of the examination shall be governed by the rules
12 prescribed by the board, but the board may engage ACRA to
13 conduct the examination under the supervision of the board.
14 Upon determining the results of the examination, the board
15 shall notify each applicant as to whether the applicant has
16 passed the examination. Notification shall be by written
17 notice mailed to the applicant by certified mail to the
18 applicant's address as indicated on the application.
19 "§34-8B-12.
20 "The annual fees for licensure pursuant to this
21 chapter shall be established by the board and shall cover a
22 12-month period beginning October 1 of each year. All fees
23 collected by the board shall be paid into the State Treasury
24 to the credit of the Board of Court Reporting Fund which is
25 hereby created. Moneys Monies in the fund shall be subject to
26 withdrawal only upon warrant of the state Comptroller to be
27 issued upon certification of the secretary. Any funds
Page 14 1 remaining in the fund at the end of each fiscal year in excess
2 of two hundred fifty thousand dollars ($250,000), shall be
3 available to the board to provide for the education and
4 training of court reporters. At all times the board shall
5 retain a sum not in excess of two hundred fifty thousand
6 dollars ($250,000), to meet any emergency which may affect the
7 efficient operation of the board. No funds shall be withdrawn
8 or expended except as budgeted and allocated pursuant to this
9 chapter and only in amounts as stipulated in the general
10 appropriations bill or other appropriations bills.
11 "§34-8B-13.
12 "(a) Each person individual licensed pursuant to
13 this chapter shall apply for renewal of his or her license
14 pursuant to dates established by the board. A renewal fee in
15 an amount determined by the board shall be paid and thereupon
16 the board shall issue a numbered license establishing that the
17 holder is entitled to practice court reporting for the period
18 determined by the board. The board shall require specific
19 continuing education as a condition for license renewal. The
20 board may provide for the late renewal of a license which has
21 lapsed and may require the payment of a late fee or an
22 examination, or both, prior to issuing a renewal license. It
23 shall be unlawful for any individual to practice or attempt to
24 practice court reporting in this state during the time his or
25 her license to practice has lapsed, and upon a finding that a
26 violation has occurred, the individual shall be subject to
Page 15 1 disciplinary action by the board pursuant to the Alabama
2 Administrative Procedure Act.
3 "(b) Failure to renew a lapsed license within the
4 period for late renewal established by board rule shall result
5 in an expired license. An expired license may not be
6 reinstated until the applicant has paid all delinquent fees
7 and satisfied all certification requirements, including
8 passage of the Written Knowledge Examination and skills
9 examination as required by the board, and any additional
10 requirements imposed by board rule. The holder of an expired
11 license shall cease and desist the practice of court reporting
12 immediately upon the expiration of his or her license, and the
13 board may not be held liable for lost income to the holder of
14 the expired license or to his or her employer. Upon a finding
15 that a violation has occurred, an individual who practices
16 court reporting under an expired license shall be subject to
17 disciplinary action by the board pursuant to the Alabama
18 Administrative Procedure Act.
19 "(c) Licensees shall notify the board in writing of
20 any change of in their name, address, or employer within 30
21 days of the change. Failure to notify the board of such change
22 may subject a licensee to disciplinary action imposed pursuant
23 to board rule.
24 "§34-8B-15.
25 "(a)Commencing on August 1, 2012, any person (1) Any
26 individual who is a graduate of a court reporting program may
27 apply to the board to receive a temporary license to practice
Page 16 1 as a court reporter from the board. Application for the
2 temporary graduate license shall be made to the board, on
3 forms approved by the board, and the payment of a fee in an
4 amount determined by the board. The temporary license shall be
5 valid for 18 months from the date of issuance. An application
6 for a temporary license shall be received by the board within
7 30 days after graduation from a school of court reporting and
8 may be subject to review and approval by the board, or a
9 subcommittee of the board, before a temporary license is
10 issued. The board may issue a six-month temporary license to
11 any applicant who satisfies all of the following requirements:
12 "a. Submits proof to the board of graduation from a
13 school of court reporting.
14 "b. Submits proof to the board of passage of at
15 least one section of the skills examination required under
16 Section 34-8B-10.
17 "c. Submits to the board completed application forms
18 for both the applicant and the supervising court reporter, on
19 forms approved by the board.
20 "d. Submits to the board payment of temporary
21 license fees and application fees for both the applicant and
22 the supervising court reporter, as established by rule of the
23 board.
24 "(2) A temporary licensee shall take the remaining
25 sections of the examination when offered by ACRA, NCRA, or
26 NVRA and provide proof thereof to the board. Upon passage of
27 all sections of the examination, a temporary licensee shall be
Page 17 1 required to apply for full licensure in accordance with
2 Section 34-8B-10.
3 "(b) The holder of a temporary license may only
4 provide court reporting services under the direct supervision
5 of a freelance court reporter, who shall assume responsibility
6 for the practice of court reporting by the temporary licensee.
7 The board, by rule, shall establish the responsibilities and
8 qualifications for a supervising court reporter and
9 requirements governing the practice of court reporting by a
10 temporary licensee. Any violation of this chapter or board
11 rule by a temporary licensee may also subject the supervising
12 court reporter to disciplinary action by the board pursuant to
13 the Alabama Administrative Procedure Act.
14 "(c) A temporary license shall be renewable only
15 once, for an additional six-month period, if the temporary
16 licensee fails to pass the examination for full licensure by
17 the end of the initial six-month licensure period.
18 "(b)(d) In the event that a temporary license
19 expires at the end of the 12-month period without the
20 temporary licensee having passed the examination for full
21 licensure, court reporting services by the temporary licensee
22 shall immediately cease and desist immediately upon the
23 expiration of the temporary license the practice of court
24 reporting, and the board may not be held liable for lost
25 income to the temporary licensee or to the court reporting
26 firm employer of the temporary licensee.
Page 18 1 "(e) A temporary licensee may not serve as an
2 official court reporter, and an official court reporter may
3 not serve as a supervising court reporter.
4 "§34-8B-16.
5 "The board by rule shall establish an inactive
6 status for persons individuals who are not actively engaged in
7 the practice of court reporting, including related
8 requirements and fees.
9 "§34-8B-17.
10 "All moneys monies collected pursuant to this
11 chapter shall be deposited into the Board of Court Reporting
12 Fund. All expenses incurred by the board in implementing and
13 administering this chapter shall be paid out of the fund
14 provided that the expenses of the board shall not be in excess
15 of the moneys monies in the fund. The board may charge and
16 collect the following fees which shall be deposited into the
17 fund:
18 "(1) An A license application fee for any temporary
19 or regular license.
20 "(2) An examination fee.
21 "(3)(2) A license renewal fee for any temporary or
22 regular license.
23 "(4)(3) A reinstatement fee for any application for
24 reinstatement of a temporary or regular license which has been
25 placed on inactive status, revoked, or suspended.
26 "(5)(4) A fee for the renewal of a license after the
27 due date which shall be increased 20 percent for each month or
Page 19 1 fraction thereof that payment is delayed, unless the delay is
2 caused by conditions resulting from additional requirements
3 imposed by the board. Notwithstanding the foregoing,
4 delinquency of more than 60 days shall result in revocation of
5 licensure an expired license.
6 "(6)(5) A change of information fee.
7 "(7)(6) Necessary administrative fees including, but
8 not limited to, reasonable costs for copying, labels, and
9 lists, replacing licenses, and verifying licensure."
10 Section 2. This act shall become effective on the
11 first day of the third month following its passage and
12 approval by the Governor, or its otherwise becoming law.
Page 20