Amended IN Senate March 23, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 484Introduced by Senator RothFebruary 16, 2017 An act to amend Section 8008 of the Business and Professions Code, and to add Section 2025.325 to the Code of Civil Procedure, relating to depositions. LEGISLATIVE COUNSEL'S DIGESTSB 484, as amended, Roth. Deposition reporting services: unlawful business practices.Existing law provides for the certification and regulation of shorthand reporters by the Court Reporters Board of California and authorizes it to revoke or suspend a certificate for specified acts of misconduct. Existing law authorizes any party to obtain discovery in civil actions by taking the oral deposition of any person, including any party to the action. Existing law requires that a deposition be conducted under the supervision of an officer who is authorized to administer an oath and subjects the deposition officer or entity providing the services of the deposition officer to certain restrictions.This bill would provide that it is unlawful for a person or entity that employs one or more deposition officers for the purpose of transcribing deposition testimony to give, pursuant to any agreement or understanding, oral or otherwise, any referral fee, kickback, bribe, rebate, or thing of value to an attorney or law firm, or to an employee or independent contractor of an attorney or law firm, as compensation or inducement in connection with the services to be provided by the deposition officer, as specified. The bill would also provide that a violation of this provision is a misdemeanor punishable by a civil fine not to exceed five thousand dollars ($5,000) $20,000 for each violation, and would authorize any district attorney or other prosecuting attorney to enforce this provision. By creating a new crime, the bill would impose a state-mandated local program. the Court Reporters Board of California, or the Attorney General, a district attorney, or a city attorney to bring a civil action for a violation of this provision.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YESNO Local Program: YESNO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 8008 of the Business and Professions Code is amended to read:8008. The board has the following powers and duties:(a) To adopt a seal.(b) By affirmative vote of at least three members of the board, to suspend, revoke, or impose any other disciplinary action against a certificate for any cause specified in this chapter.(c) To charge and collect all fees as provided for in this chapter.(d) To require the renewal of all certificates.(e) To issue subpoenas, to administer oaths, and to take testimony concerning any matter within the jurisdiction of the board.(f) To investigate the actions of any licensee, upon receipt of a verified complaint in writing from any person, for alleged acts or omissions constituting grounds for disciplinary action under the chapter.(g) To administer the Transcript Reimbursement Fund described in Section 8030.2.(h) To bring a civil action for a violation of Section 2025.325 of the Code of Civil Procedure.SECTION 1.SEC. 2. Section 2025.325 is added to the Code of Civil Procedure, to read:2025.325. (a) It is unlawful for a person or entity that employs one or more deposition officers for the purpose of transcribing deposition testimony pursuant to subdivision (b) of Section 2025.330 to give, pursuant to any agreement or understanding, oral or otherwise, any referral fee, kickback, bribe, rebate, or thing of value to an attorney or law firm, or to an employee or independent contractor of an attorney or law firm, as compensation or inducement in connection with any services to be provided by the deposition officer.(b) This section does not make unlawful any business practice related to the transcription of testimony pursuant to subdivision (b) of Section 2025.330 that is otherwise in compliance with the law, including the provision of volume discounts, the provision of meals and refreshments at a proceeding being reported, or the provision of items that do not exceed one hundred dollars ($100) in the aggregate for any combination of items given per calendar year pursuant to Section 2475 of Title 16 of the California Code of Regulations.(c)A violation of this section is a misdemeanor punishable by a fine not to exceed five thousand dollars ($5,000) for each violation. Proceedings to enforce this section may be brought by any district attorney or other prosecuting attorney.(c) A person or entity that violates this section shall be liable for a civil fine not to exceed twenty thousand dollars ($20,000) per violation.(d) The Court Reporters Board of California, as described in subdivision (h) of Section 8008 of the Business and Professions Code, or the Attorney General, a district attorney, or a city attorney may bring a civil action for a violation of this section, including an action for injunctive relief and any other appropriate relief, and shall be entitled as a prevailing party to recover reasonable attorneys fees.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.
Amended IN Senate March 23, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 484Introduced by Senator RothFebruary 16, 2017 An act to amend Section 8008 of the Business and Professions Code, and to add Section 2025.325 to the Code of Civil Procedure, relating to depositions. LEGISLATIVE COUNSEL'S DIGESTSB 484, as amended, Roth. Deposition reporting services: unlawful business practices.Existing law provides for the certification and regulation of shorthand reporters by the Court Reporters Board of California and authorizes it to revoke or suspend a certificate for specified acts of misconduct. Existing law authorizes any party to obtain discovery in civil actions by taking the oral deposition of any person, including any party to the action. Existing law requires that a deposition be conducted under the supervision of an officer who is authorized to administer an oath and subjects the deposition officer or entity providing the services of the deposition officer to certain restrictions.This bill would provide that it is unlawful for a person or entity that employs one or more deposition officers for the purpose of transcribing deposition testimony to give, pursuant to any agreement or understanding, oral or otherwise, any referral fee, kickback, bribe, rebate, or thing of value to an attorney or law firm, or to an employee or independent contractor of an attorney or law firm, as compensation or inducement in connection with the services to be provided by the deposition officer, as specified. The bill would also provide that a violation of this provision is a misdemeanor punishable by a civil fine not to exceed five thousand dollars ($5,000) $20,000 for each violation, and would authorize any district attorney or other prosecuting attorney to enforce this provision. By creating a new crime, the bill would impose a state-mandated local program. the Court Reporters Board of California, or the Attorney General, a district attorney, or a city attorney to bring a civil action for a violation of this provision.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YESNO Local Program: YESNO
Amended IN Senate March 23, 2017
Amended IN Senate March 23, 2017
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Senate Bill No. 484
Introduced by Senator RothFebruary 16, 2017
Introduced by Senator Roth
February 16, 2017
An act to amend Section 8008 of the Business and Professions Code, and to add Section 2025.325 to the Code of Civil Procedure, relating to depositions.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 484, as amended, Roth. Deposition reporting services: unlawful business practices.
Existing law provides for the certification and regulation of shorthand reporters by the Court Reporters Board of California and authorizes it to revoke or suspend a certificate for specified acts of misconduct. Existing law authorizes any party to obtain discovery in civil actions by taking the oral deposition of any person, including any party to the action. Existing law requires that a deposition be conducted under the supervision of an officer who is authorized to administer an oath and subjects the deposition officer or entity providing the services of the deposition officer to certain restrictions.This bill would provide that it is unlawful for a person or entity that employs one or more deposition officers for the purpose of transcribing deposition testimony to give, pursuant to any agreement or understanding, oral or otherwise, any referral fee, kickback, bribe, rebate, or thing of value to an attorney or law firm, or to an employee or independent contractor of an attorney or law firm, as compensation or inducement in connection with the services to be provided by the deposition officer, as specified. The bill would also provide that a violation of this provision is a misdemeanor punishable by a civil fine not to exceed five thousand dollars ($5,000) $20,000 for each violation, and would authorize any district attorney or other prosecuting attorney to enforce this provision. By creating a new crime, the bill would impose a state-mandated local program. the Court Reporters Board of California, or the Attorney General, a district attorney, or a city attorney to bring a civil action for a violation of this provision.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.
Existing law provides for the certification and regulation of shorthand reporters by the Court Reporters Board of California and authorizes it to revoke or suspend a certificate for specified acts of misconduct. Existing law authorizes any party to obtain discovery in civil actions by taking the oral deposition of any person, including any party to the action. Existing law requires that a deposition be conducted under the supervision of an officer who is authorized to administer an oath and subjects the deposition officer or entity providing the services of the deposition officer to certain restrictions.
This bill would provide that it is unlawful for a person or entity that employs one or more deposition officers for the purpose of transcribing deposition testimony to give, pursuant to any agreement or understanding, oral or otherwise, any referral fee, kickback, bribe, rebate, or thing of value to an attorney or law firm, or to an employee or independent contractor of an attorney or law firm, as compensation or inducement in connection with the services to be provided by the deposition officer, as specified. The bill would also provide that a violation of this provision is a misdemeanor punishable by a civil fine not to exceed five thousand dollars ($5,000) $20,000 for each violation, and would authorize any district attorney or other prosecuting attorney to enforce this provision. By creating a new crime, the bill would impose a state-mandated local program. the Court Reporters Board of California, or the Attorney General, a district attorney, or a city attorney to bring a civil action for a violation of this provision.
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.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 8008 of the Business and Professions Code is amended to read:8008. The board has the following powers and duties:(a) To adopt a seal.(b) By affirmative vote of at least three members of the board, to suspend, revoke, or impose any other disciplinary action against a certificate for any cause specified in this chapter.(c) To charge and collect all fees as provided for in this chapter.(d) To require the renewal of all certificates.(e) To issue subpoenas, to administer oaths, and to take testimony concerning any matter within the jurisdiction of the board.(f) To investigate the actions of any licensee, upon receipt of a verified complaint in writing from any person, for alleged acts or omissions constituting grounds for disciplinary action under the chapter.(g) To administer the Transcript Reimbursement Fund described in Section 8030.2.(h) To bring a civil action for a violation of Section 2025.325 of the Code of Civil Procedure.SECTION 1.SEC. 2. Section 2025.325 is added to the Code of Civil Procedure, to read:2025.325. (a) It is unlawful for a person or entity that employs one or more deposition officers for the purpose of transcribing deposition testimony pursuant to subdivision (b) of Section 2025.330 to give, pursuant to any agreement or understanding, oral or otherwise, any referral fee, kickback, bribe, rebate, or thing of value to an attorney or law firm, or to an employee or independent contractor of an attorney or law firm, as compensation or inducement in connection with any services to be provided by the deposition officer.(b) This section does not make unlawful any business practice related to the transcription of testimony pursuant to subdivision (b) of Section 2025.330 that is otherwise in compliance with the law, including the provision of volume discounts, the provision of meals and refreshments at a proceeding being reported, or the provision of items that do not exceed one hundred dollars ($100) in the aggregate for any combination of items given per calendar year pursuant to Section 2475 of Title 16 of the California Code of Regulations.(c)A violation of this section is a misdemeanor punishable by a fine not to exceed five thousand dollars ($5,000) for each violation. Proceedings to enforce this section may be brought by any district attorney or other prosecuting attorney.(c) A person or entity that violates this section shall be liable for a civil fine not to exceed twenty thousand dollars ($20,000) per violation.(d) The Court Reporters Board of California, as described in subdivision (h) of Section 8008 of the Business and Professions Code, or the Attorney General, a district attorney, or a city attorney may bring a civil action for a violation of this section, including an action for injunctive relief and any other appropriate relief, and shall be entitled as a prevailing party to recover reasonable attorneys fees.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.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 8008 of the Business and Professions Code is amended to read:8008. The board has the following powers and duties:(a) To adopt a seal.(b) By affirmative vote of at least three members of the board, to suspend, revoke, or impose any other disciplinary action against a certificate for any cause specified in this chapter.(c) To charge and collect all fees as provided for in this chapter.(d) To require the renewal of all certificates.(e) To issue subpoenas, to administer oaths, and to take testimony concerning any matter within the jurisdiction of the board.(f) To investigate the actions of any licensee, upon receipt of a verified complaint in writing from any person, for alleged acts or omissions constituting grounds for disciplinary action under the chapter.(g) To administer the Transcript Reimbursement Fund described in Section 8030.2.(h) To bring a civil action for a violation of Section 2025.325 of the Code of Civil Procedure.
SECTION 1. Section 8008 of the Business and Professions Code is amended to read:
### SECTION 1.
8008. The board has the following powers and duties:(a) To adopt a seal.(b) By affirmative vote of at least three members of the board, to suspend, revoke, or impose any other disciplinary action against a certificate for any cause specified in this chapter.(c) To charge and collect all fees as provided for in this chapter.(d) To require the renewal of all certificates.(e) To issue subpoenas, to administer oaths, and to take testimony concerning any matter within the jurisdiction of the board.(f) To investigate the actions of any licensee, upon receipt of a verified complaint in writing from any person, for alleged acts or omissions constituting grounds for disciplinary action under the chapter.(g) To administer the Transcript Reimbursement Fund described in Section 8030.2.(h) To bring a civil action for a violation of Section 2025.325 of the Code of Civil Procedure.
8008. The board has the following powers and duties:(a) To adopt a seal.(b) By affirmative vote of at least three members of the board, to suspend, revoke, or impose any other disciplinary action against a certificate for any cause specified in this chapter.(c) To charge and collect all fees as provided for in this chapter.(d) To require the renewal of all certificates.(e) To issue subpoenas, to administer oaths, and to take testimony concerning any matter within the jurisdiction of the board.(f) To investigate the actions of any licensee, upon receipt of a verified complaint in writing from any person, for alleged acts or omissions constituting grounds for disciplinary action under the chapter.(g) To administer the Transcript Reimbursement Fund described in Section 8030.2.(h) To bring a civil action for a violation of Section 2025.325 of the Code of Civil Procedure.
8008. The board has the following powers and duties:(a) To adopt a seal.(b) By affirmative vote of at least three members of the board, to suspend, revoke, or impose any other disciplinary action against a certificate for any cause specified in this chapter.(c) To charge and collect all fees as provided for in this chapter.(d) To require the renewal of all certificates.(e) To issue subpoenas, to administer oaths, and to take testimony concerning any matter within the jurisdiction of the board.(f) To investigate the actions of any licensee, upon receipt of a verified complaint in writing from any person, for alleged acts or omissions constituting grounds for disciplinary action under the chapter.(g) To administer the Transcript Reimbursement Fund described in Section 8030.2.(h) To bring a civil action for a violation of Section 2025.325 of the Code of Civil Procedure.
8008. The board has the following powers and duties:
(a) To adopt a seal.
(b) By affirmative vote of at least three members of the board, to suspend, revoke, or impose any other disciplinary action against a certificate for any cause specified in this chapter.
(c) To charge and collect all fees as provided for in this chapter.
(d) To require the renewal of all certificates.
(e) To issue subpoenas, to administer oaths, and to take testimony concerning any matter within the jurisdiction of the board.
(f) To investigate the actions of any licensee, upon receipt of a verified complaint in writing from any person, for alleged acts or omissions constituting grounds for disciplinary action under the chapter.
(g) To administer the Transcript Reimbursement Fund described in Section 8030.2.
(h) To bring a civil action for a violation of Section 2025.325 of the Code of Civil Procedure.
SECTION 1.SEC. 2. Section 2025.325 is added to the Code of Civil Procedure, to read:2025.325. (a) It is unlawful for a person or entity that employs one or more deposition officers for the purpose of transcribing deposition testimony pursuant to subdivision (b) of Section 2025.330 to give, pursuant to any agreement or understanding, oral or otherwise, any referral fee, kickback, bribe, rebate, or thing of value to an attorney or law firm, or to an employee or independent contractor of an attorney or law firm, as compensation or inducement in connection with any services to be provided by the deposition officer.(b) This section does not make unlawful any business practice related to the transcription of testimony pursuant to subdivision (b) of Section 2025.330 that is otherwise in compliance with the law, including the provision of volume discounts, the provision of meals and refreshments at a proceeding being reported, or the provision of items that do not exceed one hundred dollars ($100) in the aggregate for any combination of items given per calendar year pursuant to Section 2475 of Title 16 of the California Code of Regulations.(c)A violation of this section is a misdemeanor punishable by a fine not to exceed five thousand dollars ($5,000) for each violation. Proceedings to enforce this section may be brought by any district attorney or other prosecuting attorney.(c) A person or entity that violates this section shall be liable for a civil fine not to exceed twenty thousand dollars ($20,000) per violation.(d) The Court Reporters Board of California, as described in subdivision (h) of Section 8008 of the Business and Professions Code, or the Attorney General, a district attorney, or a city attorney may bring a civil action for a violation of this section, including an action for injunctive relief and any other appropriate relief, and shall be entitled as a prevailing party to recover reasonable attorneys fees.
SECTION 1.SEC. 2. Section 2025.325 is added to the Code of Civil Procedure, to read:
### SECTION 1.SEC. 2.
2025.325. (a) It is unlawful for a person or entity that employs one or more deposition officers for the purpose of transcribing deposition testimony pursuant to subdivision (b) of Section 2025.330 to give, pursuant to any agreement or understanding, oral or otherwise, any referral fee, kickback, bribe, rebate, or thing of value to an attorney or law firm, or to an employee or independent contractor of an attorney or law firm, as compensation or inducement in connection with any services to be provided by the deposition officer.(b) This section does not make unlawful any business practice related to the transcription of testimony pursuant to subdivision (b) of Section 2025.330 that is otherwise in compliance with the law, including the provision of volume discounts, the provision of meals and refreshments at a proceeding being reported, or the provision of items that do not exceed one hundred dollars ($100) in the aggregate for any combination of items given per calendar year pursuant to Section 2475 of Title 16 of the California Code of Regulations.(c)A violation of this section is a misdemeanor punishable by a fine not to exceed five thousand dollars ($5,000) for each violation. Proceedings to enforce this section may be brought by any district attorney or other prosecuting attorney.(c) A person or entity that violates this section shall be liable for a civil fine not to exceed twenty thousand dollars ($20,000) per violation.(d) The Court Reporters Board of California, as described in subdivision (h) of Section 8008 of the Business and Professions Code, or the Attorney General, a district attorney, or a city attorney may bring a civil action for a violation of this section, including an action for injunctive relief and any other appropriate relief, and shall be entitled as a prevailing party to recover reasonable attorneys fees.
2025.325. (a) It is unlawful for a person or entity that employs one or more deposition officers for the purpose of transcribing deposition testimony pursuant to subdivision (b) of Section 2025.330 to give, pursuant to any agreement or understanding, oral or otherwise, any referral fee, kickback, bribe, rebate, or thing of value to an attorney or law firm, or to an employee or independent contractor of an attorney or law firm, as compensation or inducement in connection with any services to be provided by the deposition officer.(b) This section does not make unlawful any business practice related to the transcription of testimony pursuant to subdivision (b) of Section 2025.330 that is otherwise in compliance with the law, including the provision of volume discounts, the provision of meals and refreshments at a proceeding being reported, or the provision of items that do not exceed one hundred dollars ($100) in the aggregate for any combination of items given per calendar year pursuant to Section 2475 of Title 16 of the California Code of Regulations.(c)A violation of this section is a misdemeanor punishable by a fine not to exceed five thousand dollars ($5,000) for each violation. Proceedings to enforce this section may be brought by any district attorney or other prosecuting attorney.(c) A person or entity that violates this section shall be liable for a civil fine not to exceed twenty thousand dollars ($20,000) per violation.(d) The Court Reporters Board of California, as described in subdivision (h) of Section 8008 of the Business and Professions Code, or the Attorney General, a district attorney, or a city attorney may bring a civil action for a violation of this section, including an action for injunctive relief and any other appropriate relief, and shall be entitled as a prevailing party to recover reasonable attorneys fees.
2025.325. (a) It is unlawful for a person or entity that employs one or more deposition officers for the purpose of transcribing deposition testimony pursuant to subdivision (b) of Section 2025.330 to give, pursuant to any agreement or understanding, oral or otherwise, any referral fee, kickback, bribe, rebate, or thing of value to an attorney or law firm, or to an employee or independent contractor of an attorney or law firm, as compensation or inducement in connection with any services to be provided by the deposition officer.(b) This section does not make unlawful any business practice related to the transcription of testimony pursuant to subdivision (b) of Section 2025.330 that is otherwise in compliance with the law, including the provision of volume discounts, the provision of meals and refreshments at a proceeding being reported, or the provision of items that do not exceed one hundred dollars ($100) in the aggregate for any combination of items given per calendar year pursuant to Section 2475 of Title 16 of the California Code of Regulations.(c)A violation of this section is a misdemeanor punishable by a fine not to exceed five thousand dollars ($5,000) for each violation. Proceedings to enforce this section may be brought by any district attorney or other prosecuting attorney.(c) A person or entity that violates this section shall be liable for a civil fine not to exceed twenty thousand dollars ($20,000) per violation.(d) The Court Reporters Board of California, as described in subdivision (h) of Section 8008 of the Business and Professions Code, or the Attorney General, a district attorney, or a city attorney may bring a civil action for a violation of this section, including an action for injunctive relief and any other appropriate relief, and shall be entitled as a prevailing party to recover reasonable attorneys fees.
2025.325. (a) It is unlawful for a person or entity that employs one or more deposition officers for the purpose of transcribing deposition testimony pursuant to subdivision (b) of Section 2025.330 to give, pursuant to any agreement or understanding, oral or otherwise, any referral fee, kickback, bribe, rebate, or thing of value to an attorney or law firm, or to an employee or independent contractor of an attorney or law firm, as compensation or inducement in connection with any services to be provided by the deposition officer.
(b) This section does not make unlawful any business practice related to the transcription of testimony pursuant to subdivision (b) of Section 2025.330 that is otherwise in compliance with the law, including the provision of volume discounts, the provision of meals and refreshments at a proceeding being reported, or the provision of items that do not exceed one hundred dollars ($100) in the aggregate for any combination of items given per calendar year pursuant to Section 2475 of Title 16 of the California Code of Regulations.
(c)A violation of this section is a misdemeanor punishable by a fine not to exceed five thousand dollars ($5,000) for each violation. Proceedings to enforce this section may be brought by any district attorney or other prosecuting attorney.
(c) A person or entity that violates this section shall be liable for a civil fine not to exceed twenty thousand dollars ($20,000) per violation.
(d) The Court Reporters Board of California, as described in subdivision (h) of Section 8008 of the Business and Professions Code, or the Attorney General, a district attorney, or a city attorney may bring a civil action for a violation of this section, including an action for injunctive relief and any other appropriate relief, and shall be entitled as a prevailing party to recover reasonable attorneys fees.
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.