California Senate Bill SB270 Amended / Bill

 BILL NUMBER: SB 270AMENDED BILL TEXT AMENDED IN SENATE APRIL 14, 2015 AMENDED IN SENATE APRIL 6, 2015 INTRODUCED BY Senator Mendoza FEBRUARY 19, 2015 An act to add Section 8041 to the Business and Professions Code, relating to court reporters. LEGISLATIVE COUNSEL'S DIGEST SB 270, as amended, Mendoza. Court Reporters Board of California: civil actions: corporations. Existing law provides for the certification and regulation of shorthand reporters and for the regulation of shorthand reporting corporations by the Court Reporters Board of California. Under existing law, a shorthand reporting corporation is a corporation authorized to render professional services, as defined, as long as that corporation and all of its shareholders, officers, directors, and employees rendering professional services who are certified shorthand reporters are in compliance with specified provisions of law. Existing law defines a foreign professional corporation as a corporation organized under the laws of a state of the United States other than this state that is engaged in a profession of a type for which there is specified authorization for the performance of professional services by a foreign professional corporation. Under existing law, it constitutes unprofessional conduct and a violation of these provisions for any licensed person to violate, attempt to violate, assist in or abet the violation of, or conspire to violate any specified provisions of law, including regulations adopted thereunder. Existing law prohibits a shorthand reporting corporation from not doing or failing to do any act the doing of which or the failure to do which would constitute unprofessional conduct under any statute, rule, or regulation pertaining to shorthand reporters or shorthand reporting. This bill would authorize the board to bring a civil action in a superior court to enjoin any person, corporation, or corporation organized under the laws of a state of the United States other than this state, from rendering court reporter services in this state without ever being issued a license by the board or without authorization to render court reporter services in this state by satisfying specified requirements. The bill would authorize the board to request the Attorney General to bring such an action. The bill would require the court to, among other things, impose  unspecified   specified  monetary penalties against the person or corporation rendering services without a license or authorization. The bill would also authorize the court to, among other things, order restitution and enjoin a person or corporation from taking any action constituting a violation of any law pertaining to impartiality, as provided. The 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. By creating a new crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 8041 is added to the Business and Professions Code, to read: 8041. (a) In addition to any other authority or remedy, the board may bring a civil action in a superior court to enjoin any person, corporation, or corporation organized under the laws of a state of the United States other than this state, from rendering court reporter services in this state without ever being issued a license by the board or authorization to render court reporter services in this state by satisfying the requirements of this article. The board may request the Attorney General to bring an action pursuant to this subdivision. (b) If a civil action is brought pursuant to subdivision (a), the court, in addition to any other remedy authorized by law, shall impose a penalty of not less than  ____ dollars ($____)   one thousand dollars ($1,000)  and no more than  ____ dollars ($____)   two thousand   five hundred dollars ($2,500)  per day against the person or corporation rendering services without a license or authorization, and the court may also order restitution and the return of any payments made to the person or corporation. (c) In an action brought pursuant to subdivision (a), the court may also enjoin a person or corporation from taking any action that would otherwise constitute a violation of any statute or regulation of the board pertaining to impartiality, including, but not limited to, Section 2475 of Title 16 of the Code of Regulations, and the court may impose a penalty of up to  ____ dollars ($____)   two thousand   five hundred dollars ($2,500)  and restitution for any acts undertaken by any person or corporation rendering court reporter services in this state. In determining the amount of the penalty, the court shall take into consideration the frequency of the violations and the impact of those violations, including a violation of Section 2475 of Title 16 of the Code of Regulations. (d) The court may designate that any transcript prepared by any person or corporation subject to an action brought under this section does not qualify as a certified transcript. However, the person or corporation shall be required to reimburse the certified shorthand reporter for the production of the transcript in accordance with transcript fees pursuant to existing law. (e) It shall be a misdemeanor for any person or corporation to knowingly render court reporter services in this state without ever being issued a license by the board or being authorized to render court reporter services in this state pursuant to this article. (f) The court shall award reasonable investigation and enforcement costs to the board or Attorney General responsible for filing an action pursuant to subdivision (a) and may also award a portion of any unallocated penalties collected pursuant to subdivision (c) to be used for future investigation and enforcement of this section by the board and the Attorney General. Any such award of penalties to the board shall be deposited in the Court Reporters' Fund and these penalties shall be subject to appropriation by the Legislature. (g)  Nothing in this   This  section shall  not  be construed to change, limit, or alter any existing authority of the board, including existing injunctive authority. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.