Alabama 2022 Regular Session

Alabama Senate Bill SB229 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 SB229
2	2	2 217394-1
3	3	3 By Senator Figures
4	4	4 RFD: Judiciary
5	5	5 First Read: 16-FEB-22
6	6
7	7	Page 0 1 217394-1:n:02/16/2022:KMS/cr LSA2022-618
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14	14	8 SYNOPSIS: Under existing law, the Alabama Board of
15	15	9 Court Reporting is responsible for the regulation
16	16	10 of the practice of court reporting in the state.
17	17	11 This bill would provide further for the
18	18	12 definitions of freelance court reporter, official
19	19	13 court reporter, and supervising court reporter.
20	20	14 This bill would authorize the board to meet
21	21	15 by video conference or other electronic means.
22	22	16 This bill would provide further for the
23	23	17 authority of the board to hire staff.
24	24	18 This bill would provide further for the
25	25	19 investigation of and hearings regarding complaints
26	26	20 pursuant to the Administrative Procedure Act, and
27	27	21 penalties for violations.
28	28	22 This bill would provide further for the
29	29	23 qualifications for licensure and temporary
30	30	24 licensure and practice pursuant to a temporary
31	31	25 license.
32	32	Page 1 1 This bill would provide further for
33	33	2 requirements and procedures relating to lapsed and
34	34	3 expired licenses.
35	35	4 This bill would also provide further for the
36	36	5 fees that may be charged by the board.
37	37	6
38	38	7 A BILL
39	39	8 TO BE ENTITLED
40	40	9 AN ACT
41	41	10
42	42	11 To amend Sections 34-8B-2, 34-8B-4, 34-8B-5,
43	43	12 34-8B-6, 34-8B-8, 34-8B-10, 34-8B-12, 34-8B-13, 34-8B-15,
44	44	13 34-8B-16, and 34-8B-17, Code of Alabama 1975, relating to the
45	45	14 Alabama Board of Court Reporting; to provide further for the
46	46	15 definitions of freelance, official, and supervising court
47	47	16 reporters; to authorize the board to meet by video conference
48	48	17 or other electronic means; to provide further for the
49	49	18 authority of the board to hire staff; to provide further for
50	50	19 the investigation of and hearings regarding complaints
51	51	20 pursuant to the Administrative Procedure Act; to provide
52	52	21 penalties for violations; to provide further for the
53	53	22 qualifications for licensure and temporary licensure; to
54	54	23 provide further for practice pursuant to a temporary license;
55	55	24 to provide further for requirements and procedures relating to
56	56	25 lapsed and expired licenses; and to provide further for the
57	57	26 fees that may be charged by the board.
58	58	27 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
59	59	Page 2 1 Section 1. Sections 34-8B-2, 34-8B-4, 34-8B-5,
60	60	2 34-8B-6, 34-8B-8, 34-8B-10, 34-8B-12, 34-8B-13, 34-8B-15,
61	61	3 34-8B-16, and 34-8B-17 of the Code of Alabama 1975, are
62	62	4 amended to read as follows:
63	63	5 "§34-8B-2.
64	64	6 "As used in this chapter, the following terms shall
65	65	7 have the following meanings:
66	66	8 "(1) ACRA. The Alabama Court Reporters Association.
67	67	9 "(2) BOARD. The Alabama Board of Court Reporting.
68	68	10 "(3) CERTIFIED COURT REPORTER (C.C.R.). Any person
69	69	11 individual licensed pursuant to this chapter to practice
70	70	12 verbatim reporting.
71	71	13 "(4) CERTIFIED SHORTHAND REPORTER (C.S.R.). A
72	72	14 designation of certification given by the Alabama Court
73	73	15 Reporters Association for its certified members.
74	74	16 "(5) COURT REPORTER. Any person individual who is
75	75	17 engaged in the practice of court reporting as a profession,
76	76	18 including persons individuals who actually report judicial
77	77	19 proceedings in courts and persons individuals who make
78	78	20 verbatim records.
79	79	21 "(6) COURT REPORTING. The making of a verbatim
80	80	22 record by means of manual shorthand, machine shorthand, or
81	81	23 closed microphone voice dictation silencer, or by other means
82	82	24 of personal verbatim reporting of any testimony given under
83	83	25 oath before, or for submission to, any court, referee, or
84	84	26 court examiner or by any board, commission, or other body, or
85	85	Page 3 1 in any other proceeding where a verbatim record is required.
86	86	2 The taking of a deposition is the making of a verbatim record.
87	87	3 "(7) CVR. Certified verbatim reporter.
88	88	4 "(8) FISCAL YEAR. October 1 through September 30.
89	89	5 "(9) FREELANCE COURT REPORTER. A court reporter who
90	90	6 works as an independent contractor, for a court reporting
91	91	7 agency, or both, who may be hired by a law firm, an attorney,
92	92	8 a corporation, or other organization.
93	93	9 "(9)(10) FUND. The Alabama Board of Court Reporting
94	94	10 Fund.
95	95	11 "(10)(11) NCRA. The National Court Reporters
96	96	12 Association.
97	97	13 "(11)(12) NVRA. The National Verbatim Reporters
98	98	14 Association.
99	99	15 "(13) OFFICIAL COURT REPORTER. A court reporter who
100	100	16 is appointed by a judge to produce and maintain a verbatim
101	101	17 record of the matters adjudicated by that judge.
102	102	18 "(12)(14) RPR. Registered professional reporter.
103	103	19 "(13)(15) SECRETARY. A person An individual selected
104	104	20 by the board to serve as secretary of the board.
105	105	21 "(16) SUPERVISING COURT REPORTER. A freelance court
106	106	22 reporter approved by the board to provide direct supervision
107	107	23 of the practice of court reporting by a temporary licensee.
108	108	24 "§34-8B-4.
109	109	25 "(a) There is created the Alabama Board of Court
110	110	26 Reporting. The board shall be operative within 60 days of June
111	111	27 1, 2006. ACRA shall provide administrative support to the
112	112	Page 4 1 board until such time as the board employs sufficient
113	113	2 employees to implement and administer this chapter.
114	114	3 "(b) The board shall consist of seven members as
115	115	4 follows:
116	116	5 "(1) Four court reporters certified by ABCR, NCRA,
117	117	6 NVRA, or by the board, two of whom shall be employed in
118	118	7 official capacities and two of whom shall be employed in a
119	119	8 freelance setting.
120	120	9 "(2) Two members in good standing with the Alabama
121	121	10 State Bar Association.
122	122	11 "(3) One additional member.
123	123	12 "(c) Appointments to the board shall be made as
124	124	13 follows:
125	125	14 "(1) The Governor shall appoint one official court
126	126	15 reporter, one freelance court reporter, and one member of the
127	127	16 Alabama State Bar Association. ACRA, NCRA, NVRA, and the
128	128	17 Alabama State Bar Association shall respectively submit a list
129	129	18 of three names for each appointment to the Governor for
130	130	19 consideration.
131	131	20 "(2) The Lieutenant Governor shall appoint one
132	132	21 member of the Alabama State Bar Association from a list of
133	133	22 three names submitted by the Alabama State Bar Association.
134	134	23 "(3) The President Pro Tempore of the Senate shall
135	135	24 appoint one member who is an official court reporter from a
136	136	25 list of three names submitted by ACRA.
137	137	Page 5 1 "(4) The Speaker of the House of Representatives
138	138	2 shall appoint one member who is a freelance court reporter
139	139	3 from a list of three names submitted by ACRA.
140	140	4 "(5) The Chief Justice of the Alabama Supreme Court
141	141	5 shall appoint one member from a list of three names submitted
142	142	6 by the Administrative Office of Courts.
143	143	7 "(d) All members of the board shall be citizens of
144	144	8 the United States and residents of the State of Alabama. The
145	145	9 lists of names for consideration for appointment to the board
146	146	10 shall be submitted to the board by the designated
147	147	11 organizations on or before June 1, 2006. The initial terms
148	148	12 shall begin January 1, 2007, and all appointments shall be
149	149	13 made prior to January 1 of every year.
150	150	14 "(e) The initial members shall serve the following
151	151	15 terms as designated by the Governor:
152	152	16 "(1) Three members shall serve for two years.
153	153	17 "(2) Two members shall serve for three years.
154	154	18 "(3) Two members shall serve for four years.
155	155	19 "(f) Subsequent terms (e) Terms of office shall be
156	156	20 for four years. No member shall serve more than two
157	157	21 consecutive terms. In the event of a vacancy, the appointing
158	158	22 authority for the position shall fill the vacancy. Each member
159	159	23 shall serve until his or her successor is duly appointed and
160	160	24 qualified.
161	161	25 "(g) The membership of the board shall be inclusive
162	162	26 and reflect the racial, gender, geographic, urban/rural, and
163	163	27 economic diversity of the state. The board shall annually
164	164	Page 6 1 report to the Legislature by the second legislative day of
165	165	2 each regular session to what extent the board has complied
166	166	3 with the diversity provisions provided for in this subsection.
167	167	4 "(f) All appointing authorities shall coordinate
168	168	5 their appointments to ensure the board membership reflects the
169	169	6 racial, gender, geographic, urban, rural, and economic
170	170	7 diversity of the state.
171	171	8 "(h)(g) At its first meeting each calendar year, the
172	172	9 board shall elect a chair, vice chair, and secretary from its
173	173	10 membership. No member shall be elected to serve more than two
174	174	11 consecutive years in the same office.
175	175	12 "(i) After the initial appointments have been made,
176	176	13 the board shall meet by January 2007, for the purpose of
177	177	14 organizing and transacting business. Thereafter, the (h) The
178	178	15 board shall meet not less than twice annually and as
179	179	16 frequently as deemed necessary by the chair or a majority of
180	180	17 the members for the purpose of transacting business. The board
181	181	18 shall meet at such a time and place as designated by the
182	182	19 board. A quorum shall consist of four members. Members of the
183	183	20 board may participate in a meeting of the board by means of
184	184	21 telephone conference, video conference, or
185	185	22 similar communications equipment by means of which all persons
186	186	23 participating in the meeting may hear each other at the same
187	187	24 time. Participation by these means shall constitute presence
188	188	25 in person at a meeting for all purposes. However, a majority
189	189	26 of a quorum of the members of the board, shall be physically
190	190	27 present at the location noticed and called for the meeting in
191	191	Page 7 1 order to conduct any business or deliberation. Members of the
192	192	2 board may not utilize electronic communications except as in
193	193	3 compliance with the Alabama Open Meetings Act. Notice of board
194	194	4 meetings shall be provided in accordance with the
195	195	5 Alabama Open Meetings Act and telephone or video conference or
196	196	6 similar communications equipment shall also allow members of
197	197	7 the public the opportunity to simultaneously listen to or
198	198	8 observe the meetings.
199	199	9 "(i) The board shall employ and compensate
200	200	10 sufficient employees including, but not limited to, an
201	201	11 executive director, consultants, attorneys, and investigators,
202	202	12 under contract or on a part-time basis and without regard to
203	203	13 the state Merit System, to implement and administer this
204	204	14 chapter.
205	205	15 "(j) Board members shall receive the same travel
206	206	16 expenses and per diem as state employees pursuant to Article
207	207	17 2, commencing with Section 36-7-20, Chapter 7, Title 36. The
208	208	18 expenses shall be paid out of the funds of the board.
209	209	19 Reimbursement shall not be made if funds are insufficient.
210	210	20 "§34-8B-5.
211	211	21 "The board shall have all of the following duties
212	212	22 and responsibilities:
213	213	23 "(1) Act on matters concerning competency licensure
214	214	24 only and the process of granting, denying, suspending,
215	215	25 reinstating, and revoking a license.
216	216	Page 8 1 "(2) Establish a procedure for the investigation of
217	217	2 complaints against licensed court reporters and for the
218	218	3 conduct of hearings in which complaints are heard.
219	219	4 "(3) Set a fee schedule for granting licenses and
220	220	5 renewals of licenses subject to the Alabama Administrative
221	221	6 Procedure Act.
222	222	7 "(4) Maintain a current register of licensed court
223	223	8 reporters and a current register of temporarily licensed court
224	224	9 reporters. Registers shall be matters of public record.
225	225	10 "(5) Maintain a complete record of all proceedings
226	226	11 of the board.
227	227	12 "(6) Adopt continuing education requirements no
228	228	13 later than October 1, 2007. Requirements shall be implemented
229	229	14 no later than January 1, 2008, and that shall include all
230	230	15 courses approved by the Alabama State Bar for continuing legal
231	231	16 education.
232	232	17 "(7) Determine the content of and administer
233	233	18 examinations to be given to applicants for licensure as
234	234	19 certified court reporters and issue numbered licenses to
235	235	20 applicants found qualified.
236	236	21 "(8) Maintain records of its proceedings and a
237	237	22 register of all persons individuals licensed by the board
238	238	23 which shall be a public record and open to inspection.
239	239	24 "(9) Adopt standards of professional conduct for
240	240	25 licensees.
241	241	26 "§34-8B-6.
242	242	Page 9 1 "(a) On the verified complaint of any individual
243	243	2 that a court reporter has violated this chapter, the board
244	244	3 shall investigate the complaint and may bring an action in its
245	245	4 own name to hear and make a determination regarding the
246	246	5 complaint. All complaints shall be in writing, signed by the
247	247	6 person individual making the complaint, and addressed to the
248	248	7 chair executive director of the board. All complaints shall
249	249	8 contain the name and address of the person individual against
250	250	9 whom the complaint is brought and a description of the conduct
251	251	10 giving rise to the complaint. Complaints shall be submitted
252	252	11 within 90 days of such conduct and a A copy of the complaint
253	253	12 shall be provided to the licensed court reporter within five
254	254	13 business days of receipt by the board. The copy shall be sent
255	255	14 by certified mail or by such other means of delivery to ensure
256	256	15 that the licensed court reporter charged in the complaint
257	257	16 shall receive actual notice. After investigation of the
258	258	17 charges, the board shall conduct a hearing at which time it
259	259	18 may dismiss the charges, determine if a hearing is warranted,
260	260	19 dismiss the complaint, issue a reprimand, or take other action
261	261	20 to resolve the complaint by agreement. Any hearing deemed
262	262	21 warranted shall be conducted in accordance with the Alabama
263	263	22 Administrative Procedure Act, Chapter 22, Title 41. The board
264	264	23 may issue subpoenas, compel the attendance of witnesses, and
265	265	24 administer oaths to individuals giving testimony at hearings.
266	266	25 Upon a finding that a violation has occurred, the board may
267	267	26 refuse to issue a license, may impose a fine not to exceed one
268	268	27 thousand dollars ($1,000) per violation, or may issue a
269	269	Page 10 1 reprimand or letter of instruction, place the licensee on
270	270	2 probation, or revoke or suspend the license of the licensee.
271	271	3 "(b) The licensee may appeal a an adverse decision
272	272	4 of the board imposing an administrative fine or revoking or
273	273	5 suspending a license by submitting a written request to the
274	274	6 board for reconsideration within 90 30 days following the
275	275	7 adverse decision of the board. If no resolution is achieved,
276	276	8 further appeals shall be submitted to the circuit court in the
277	277	9 jurisdiction of the residence of the licensee. Appeals from a
278	278	10 board decision following a request for reconsideration, or
279	279	11 from a final decision of the board, shall lie with the Circuit
280	280	12 Court of Montgomery County, in accordance with the Alabama
281	281	13 Administrative Procedure Act. The filing of the request for
282	282	14 reconsideration shall be at the option of either party and may
283	283	15 not be deemed as a prerequisite to, or hindrance of, the right
284	284	16 of a party to judicial review of a board decision in
285	285	17 accordance with the Alabama Administrative Procedure Act.
286	286	18 "(c) Any licensee whose application for licensure or
287	287	19 for renewal of licensure was denied, or whose license was
288	288	20 revoked, may reapply after 12 months have elapsed. The board
289	289	21 may then reissue a license or rescind any disciplinary action
290	290	22 if a majority of the members vote in favor of the action.
291	291	23 "§34-8B-8.
292	292	24 "After January 1, 2007, any person individual who
293	293	25 undertakes or attempts to undertake the practice of court
294	294	26 reporting for remuneration without first having procured a
295	295	27 license, or who knowingly presents or files false information
296	296	Page 11 1 with the board for the purpose of obtaining a license or who
297	297	2 violates this chapter, upon conviction, shall be guilty of a
298	298	3 Class C Class A misdemeanor. A person An individual who is not
299	299	4 licensed may not bring or maintain an action to recover fees
300	300	5 for court reporting services that he or she performed in
301	301	6 violation of this chapter. Whenever it appears to the board
302	302	7 that any court reporter individual has violated this chapter,
303	303	8 the board may, in its own name, petition the circuit court of
304	304	9 the county in which the violation occurred may apply to any
305	305	10 court of competent jurisdiction to enjoin the violation.
306	306	11 Injunctions under this section shall be applied for in
307	307	12 accordance with the civil remedies and procedures provided in
308	308	13 Article 10, commencing with Section 6-6-500, of Chapter 6,
309	309	14 Title 6, and the Alabama Rules of Civil Procedure. An
310	310	15 application for an injunction under this section shall be in
311	311	16 addition to and not in lieu of all penalties and other
312	312	17 remedies provided in this chapter or any right of criminal
313	313	18 prosecution otherwise provided by law.
314	314	19 "§34-8B-10.
315	315	20 "(a)(1) To be licensed as a court reporter, an
316	316	21 applicant shall be a United States citizen or, if not a
317	317	22 citizen of the United States, a person who is legally present
318	318	23 in the United States with appropriate documentation from the
319	319	24 federal government, and shall satisfy either of the following
320	320	25 requirements:
321	321	Page 12 1 "a. Pass both pass the Written Knowledge Examination
322	322	2 administered by the board, ACRA, NCRA, or NVRA, and shall pass
323	323	3 an Alabama skills examination or provide.
324	324	4 "b. Provide documentation of having passed the NCRA
325	325	5 Registered Professional Reporter Examination or NVRA CVR
326	326	6 Examination.
327	327	7 "(2) The board shall examine or establish, or both,
328	328	8 examination and testing procedures to enable the board to
329	329	9 ascertain the competency of applicants for licensure. Each
330	330	10 such skills examination shall be given at least twice each
331	331	11 calendar year. Applications for licensure shall be signed and
332	332	12 sworn by the applicants and submitted on forms furnished by
333	333	13 the board. An applicant who furnishes the board with
334	334	14 satisfactory proof of graduation from a court reporting
335	335	15 program or its equivalent shall, upon payment of a reasonable
336	336	16 fee in an amount determined by the board, be examined by the
337	337	17 board. All applicants who are found qualified to engage in the
338	338	18 practice of court reporting pursuant to this chapter and proof
339	339	19 of passage of the required examinations, shall be issued a
340	340	20 license as a certified court reporter and an identifying
341	341	21 number. A court reporter shall have their license available
342	342	22 for inspection on every assignment. The license shall be valid
343	343	23 until September 30th of the year of its issuance.
344	344	24 "(b) No certified court reporter may authorize the
345	345	25 use of his or her license number on any transcript not
346	346	26 produced through his or her personal effort or supervision, or
347	347	Page 13 1 both. Violation of this subsection may be grounds for license
348	348	2 suspension or revocation.
349	349	3 "(c) The board shall approve at least two reporter
350	350	4 examinations each year and may hold such additional
351	351	5 examinations as are necessary. The secretary shall give public
352	352	6 notice of the time and place of each examination at least 120
353	353	7 days prior to the date set for the examination. Any person
354	354	8 desiring to take the examination shall file his or her
355	355	9 application with the board at least 30 days prior to the date
356	356	10 of the examination. The preparation, administration, and
357	357	11 grading of the examination shall be governed by the rules
358	358	12 prescribed by the board, but the board may engage ACRA to
359	359	13 conduct the examination under the supervision of the board.
360	360	14 Upon determining the results of the examination, the board
361	361	15 shall notify each applicant as to whether the applicant has
362	362	16 passed the examination. Notification shall be by written
363	363	17 notice mailed to the applicant by certified mail to the
364	364	18 applicant's address as indicated on the application.
365	365	19 "§34-8B-12.
366	366	20 "The annual fees for licensure pursuant to this
367	367	21 chapter shall be established by the board and shall cover a
368	368	22 12-month period beginning October 1 of each year. All fees
369	369	23 collected by the board shall be paid into the State Treasury
370	370	24 to the credit of the Board of Court Reporting Fund which is
371	371	25 hereby created. Moneys Monies in the fund shall be subject to
372	372	26 withdrawal only upon warrant of the state Comptroller to be
373	373	27 issued upon certification of the secretary. Any funds
374	374	Page 14 1 remaining in the fund at the end of each fiscal year in excess
375	375	2 of two hundred fifty thousand dollars ($250,000), shall be
376	376	3 available to the board to provide for the education and
377	377	4 training of court reporters. At all times the board shall
378	378	5 retain a sum not in excess of two hundred fifty thousand
379	379	6 dollars ($250,000), to meet any emergency which may affect the
380	380	7 efficient operation of the board. No funds shall be withdrawn
381	381	8 or expended except as budgeted and allocated pursuant to this
382	382	9 chapter and only in amounts as stipulated in the general
383	383	10 appropriations bill or other appropriations bills.
384	384	11 "§34-8B-13.
385	385	12 "(a) Each person individual licensed pursuant to
386	386	13 this chapter shall apply for renewal of his or her license
387	387	14 pursuant to dates established by the board. A renewal fee in
388	388	15 an amount determined by the board shall be paid and thereupon
389	389	16 the board shall issue a numbered license establishing that the
390	390	17 holder is entitled to practice court reporting for the period
391	391	18 determined by the board. The board shall require specific
392	392	19 continuing education as a condition for license renewal. The
393	393	20 board may provide for the late renewal of a license which has
394	394	21 lapsed and may require the payment of a late fee or an
395	395	22 examination, or both, prior to issuing a renewal license. It
396	396	23 shall be unlawful for any individual to practice or attempt to
397	397	24 practice court reporting in this state during the time his or
398	398	25 her license to practice has lapsed, and upon a finding that a
399	399	26 violation has occurred, the individual shall be subject to
400	400	Page 15 1 disciplinary action by the board pursuant to the Alabama
401	401	2 Administrative Procedure Act.
402	402	3 "(b) Failure to renew a lapsed license within the
403	403	4 period for late renewal established by board rule shall result
404	404	5 in an expired license. An expired license may not be
405	405	6 reinstated until the applicant has paid all delinquent fees
406	406	7 and satisfied all certification requirements, including
407	407	8 passage of the Written Knowledge Examination and skills
408	408	9 examination as required by the board, and any additional
409	409	10 requirements imposed by board rule. The holder of an expired
410	410	11 license shall cease and desist the practice of court reporting
411	411	12 immediately upon the expiration of his or her license, and the
412	412	13 board may not be held liable for lost income to the holder of
413	413	14 the expired license or to his or her employer. Upon a finding
414	414	15 that a violation has occurred, an individual who practices
415	415	16 court reporting under an expired license shall be subject to
416	416	17 disciplinary action by the board pursuant to the Alabama
417	417	18 Administrative Procedure Act.
418	418	19 "(c) Licensees shall notify the board in writing of
419	419	20 any change of in their name, address, or employer within 30
420	420	21 days of the change. Failure to notify the board of such change
421	421	22 may subject a licensee to disciplinary action imposed pursuant
422	422	23 to board rule.
423	423	24 "§34-8B-15.
424	424	25 "(a)Commencing on August 1, 2012, any person (1) Any
425	425	26 individual who is a graduate of a court reporting program may
426	426	27 apply to the board to receive a temporary license to practice
427	427	Page 16 1 as a court reporter from the board. Application for the
428	428	2 temporary graduate license shall be made to the board, on
429	429	3 forms approved by the board, and the payment of a fee in an
430	430	4 amount determined by the board. The temporary license shall be
431	431	5 valid for 18 months from the date of issuance. An application
432	432	6 for a temporary license shall be received by the board within
433	433	7 30 days after graduation from a school of court reporting and
434	434	8 may be subject to review and approval by the board, or a
435	435	9 subcommittee of the board, before a temporary license is
436	436	10 issued. The board may issue a six-month temporary license to
437	437	11 any applicant who satisfies all of the following requirements:
438	438	12 "a. Submits proof to the board of graduation from a
439	439	13 school of court reporting.
440	440	14 "b. Submits proof to the board of passage of at
441	441	15 least one section of the skills examination required under
442	442	16 Section 34-8B-10.
443	443	17 "c. Submits to the board completed application forms
444	444	18 for both the applicant and the supervising court reporter, on
445	445	19 forms approved by the board.
446	446	20 "d. Submits to the board payment of temporary
447	447	21 license fees and application fees for both the applicant and
448	448	22 the supervising court reporter, as established by rule of the
449	449	23 board.
450	450	24 "(2) A temporary licensee shall take the remaining
451	451	25 sections of the examination when offered by ACRA, NCRA, or
452	452	26 NVRA and provide proof thereof to the board. Upon passage of
453	453	27 all sections of the examination, a temporary licensee shall be
454	454	Page 17 1 required to apply for full licensure in accordance with
455	455	2 Section 34-8B-10.
456	456	3 "(b) The holder of a temporary license may only
457	457	4 provide court reporting services under the direct supervision
458	458	5 of a freelance court reporter, who shall assume responsibility
459	459	6 for the practice of court reporting by the temporary licensee.
460	460	7 The board, by rule, shall establish the responsibilities and
461	461	8 qualifications for a supervising court reporter and
462	462	9 requirements governing the practice of court reporting by a
463	463	10 temporary licensee. Any violation of this chapter or board
464	464	11 rule by a temporary licensee may also subject the supervising
465	465	12 court reporter to disciplinary action by the board pursuant to
466	466	13 the Alabama Administrative Procedure Act.
467	467	14 "(c) A temporary license shall be renewable only
468	468	15 once, for an additional six-month period, if the temporary
469	469	16 licensee fails to pass the examination for full licensure by
470	470	17 the end of the initial six-month licensure period.
471	471	18 "(b)(d) In the event that a temporary license
472	472	19 expires at the end of the 12-month period without the
473	473	20 temporary licensee having passed the examination for full
474	474	21 licensure, court reporting services by the temporary licensee
475	475	22 shall immediately cease and desist immediately upon the
476	476	23 expiration of the temporary license the practice of court
477	477	24 reporting, and the board may not be held liable for lost
478	478	25 income to the temporary licensee or to the court reporting
479	479	26 firm employer of the temporary licensee.
480	480	Page 18 1 "(e) A temporary licensee may not serve as an
481	481	2 official court reporter, and an official court reporter may
482	482	3 not serve as a supervising court reporter.
483	483	4 "§34-8B-16.
484	484	5 "The board by rule shall establish an inactive
485	485	6 status for persons individuals who are not actively engaged in
486	486	7 the practice of court reporting, including related
487	487	8 requirements and fees.
488	488	9 "§34-8B-17.
489	489	10 "All moneys monies collected pursuant to this
490	490	11 chapter shall be deposited into the Board of Court Reporting
491	491	12 Fund. All expenses incurred by the board in implementing and
492	492	13 administering this chapter shall be paid out of the fund
493	493	14 provided that the expenses of the board shall not be in excess
494	494	15 of the moneys monies in the fund. The board may charge and
495	495	16 collect the following fees which shall be deposited into the
496	496	17 fund:
497	497	18 "(1) An A license application fee for any temporary
498	498	19 or regular license.
499	499	20 "(2) An examination fee.
500	500	21 "(3)(2) A license renewal fee for any temporary or
501	501	22 regular license.
502	502	23 "(4)(3) A reinstatement fee for any application for
503	503	24 reinstatement of a temporary or regular license which has been
504	504	25 placed on inactive status, revoked, or suspended.
505	505	26 "(5)(4) A fee for the renewal of a license after the
506	506	27 due date which shall be increased 20 percent for each month or
507	507	Page 19 1 fraction thereof that payment is delayed, unless the delay is
508	508	2 caused by conditions resulting from additional requirements
509	509	3 imposed by the board. Notwithstanding the foregoing,
510	510	4 delinquency of more than 60 days shall result in revocation of
511	511	5 licensure an expired license.
512	512	6 "(6)(5) A change of information fee.
513	513	7 "(7)(6) Necessary administrative fees including, but
514	514	8 not limited to, reasonable costs for copying, labels, and
515	515	9 lists, replacing licenses, and verifying licensure."
516	516	10 Section 2. This act shall become effective on the
517	517	11 first day of the third month following its passage and
518	518	12 approval by the Governor, or its otherwise becoming law.
519	519	Page 20