Louisiana 2010 2010 Regular Session

Louisiana House Bill HB429 Engrossed / Bill

                    HLS 10RS-1329	REENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 429
BY REPRESENTATIVE CHANDLER AND SENATOR GUILLORY
COURTS/COURT REPORTERS: Exempts certain court reporters from certification
requirements
AN ACT1
To amend and reenact R.S. 37:2554(B) and (D), 2555(B), and 2556(A), relative to court2
reporters; to provide for qualifications; to provide for definitions; to provide for the3
appointment of court reporters; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 37:2554(B) and (D), 2555(B), and 2556(A) are hereby amended and6
reenacted to read as follows: 7
§2554.  Qualifications; examinations; certificates 8
*          *          *9
B.(1) The board may, at its discretion, waive regular examination of any10
person duly holding a comparable C.S.R. certificate from another state and desiring11
to move to Louisiana as a verbatim reporter.  12
(2) Any person duly holding a certification in electronic reporting from a13
recognized authority as defined in R.S. 37:2555(B), or any person employed as an14
official court reporter or deputy official court reporter by a court of record utilizing15
electronic or audio recording as a method of official court reporting on or before16
December 31, 2010, shall be certified as long as they remain employed by that court17
as an official or deputy official court reporter. The provisions of this Paragraph shall18
not be applicable to the Fifteenth, Sixteenth, Seventeenth, Nineteenth, Twenty-19
Second, Twenty-Fourth, Thirty-Second, Thirty-Fourth, and Fortieth Judicial District20 HLS 10RS-1329	REENGROSSED
HB NO. 429
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are additions.
Courts, the Orleans Parish Civil District Court, the Orleans Parish Criminal District1
Court, the Jefferson Parish First and Second Parish Courts, the New Orleans First2
and Second City Courts, the New Orleans Municipal and Traffic Courts, and on and3
after the effective date of its creation, the Forty-First Judicial District Court.4
*          *          *5
D.  The board shall in no way restrict the use of electronic equipment to6
certificate holders hereunder in the performance of their duties, but shall exclude the7
use of all electronic recording equipment, except stenomask and digital recording8
equipment, to all applicants at the time and place of examination. 9
*          *          *10
§2555.  Definitions 11
*          *          *12
B.  The "practice of court reporting" is defined as the making of a verbatim13
record of any oral court proceeding, sworn statement, public hearing, deposition, or14
related proceeding by the use of written symbols or abbreviations in shorthand or15
machine writing, stenomask voice recording, computer assisted technology,16
electronic or audio recording, or other means. A "certified court reporter" is a person17
certified to engage in the practice of court reporting as provided for in R.S. 37:2554,18
including the practice of shorthand reporting, or certified to engage in the practice19
of electronic reporting by the American Association of Electronic Reporters and20
Transcribers, or any other national or state recognized association or organization21
approved by the board and authorized or licensed to provide education and22
certification for professionals engaged in electronic reporting and transcribing a23
verbatim record of oral court proceedings, and which is approved by the judge or24
court employing the services of the court reporter.25
*          *          *26
§2556.  Appointment of reporter27
A. Official court reporters and deputy official court reporters employed as28
such in a court of record, as defined in R.S. 37:2555(C) and (D), shall be subject to29 HLS 10RS-1329	REENGROSSED
HB NO. 429
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
the certification requirements of this Chapter, except as provided in R.S. 37:2554(B),1
and shall be subject to the regulatory authority of the board during their employment2
or appointment as court reporters for purposes of either official and general or3
freelance reporting.  However, on or before December 31, 1992, the board will4
accept, upon payment of a fee fixed by the board, applications for certification5
without examination from any person furnishing due proof that he or she was6
employed as an official court reporter or deputy official court reporter, as defined in7
R.S. 37:2555(C) and (D), as of September 1, 1991.  No person employed as an8
official court reporter or deputy official court reporter, as defined in R.S. 37:2555(C)9
and (D), shall perform duties as a general or free-lance reporter, as defined in R.S.10
37:2555(E), unless certified by the board to engage in such reporting outside of the11
court where such person is employed and on the payroll of the court to act as official12
court reporter or deputy official court reporter.13
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
Chandler	HB No. 429
Abstract: Provides for qualifications of court reporters.
Present law (R.S. 37:2551 et seq.) provides that persons employed as official court reporters
and deputy court reporters of a court of record shall be subject to the certification
requirements applicable to certified court reporters.
Proposed law provides that any person employed as a court reporter or deputy court reporter
on or before Dec. 31, 2010, by a court which uses electronic or audio recording equipment
shall be certified as long as he remains employed by that court in such capacity.  Excludes
the following from provisions of proposed law: the 15
th
, 16
th
, 17
th
, 19
th
, 22
nd
, 24
th
, 32
nd
, 34
th
,
and 40
th
 JDCs, the Orleans Parish Civil District Court, the Orleans Parish Criminal District
Court, the Jefferson Parish 1
st
 and 2
nd
 Parish Courts, the New Orleans 1
st
 and 2
nd
 City Courts,
the New Orleans Municipal and Traffic Courts, and the 41
st
 JDC after the effective date of
its creation.
Present law excludes electronic recording equipment, except for stenomasks, for use in the
examination for certification.
Proposed law retains present law and additionally authorizes the use of digital recording
equipment for examination purposes. HLS 10RS-1329	REENGROSSED
HB NO. 429
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law adds electronic or audio recording, as well as the practice of electronic
reporting, to eligible methods to practice court reporting.
 
Present law defines "certified court reporter" as a person certified in the practice of court
reporting by the Board of Examiners of Certified Shorthand Reporters.
Proposed law includes in the definition of "certified court reporter" persons certified to
engage in the practice of electronic reporting by the American Association of Electronic
Reporters and Transcribers.
Proposed law provides that no person employed as an official court reporter or deputy
official court reporter shall perform duties as a general or freelance reporter, unless certified
to do so.
(Amends R.S. 37:2554(B) and (D), 2555(B), and 2556(A))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Judiciary to the original bill.
1. Provided that any person employed as a court reporter or deputy court reporter
on or before Dec. 31, 2010, by a court using electronic or audio recording
equipment shall be certified as long as he remains employed by that court in such
capacity.
2. Authorized the use of digital recording equipment by applicants during the
certification examination.
House Floor Amendments to the engrossed bill.
1. Added technical amendments.
2. Excluded certain courts from proposed law provisions authorizing certification
of court reporters in the use of electronic and audio devices.