Louisiana 2010 Regular Session

Louisiana House Bill HB429 Latest Draft

Bill / Chaptered Version

                            ENROLLED
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ACT No. 700
Regular Session, 2010
HOUSE BILL NO. 429
BY REPRESENTATIVE CHANDLER AND SENATOR GUILLORY
AN ACT1
To amend and reenact R.S. 37:2554 and 2556(A) and (B) and to enact R.S. 37:2555(F) and2
2558(A)(4), relative to court reporters; to provide for qualifications; to provide for3
definitions; to provide for the appointment of court reporters; and to provide for4
related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 37:2554 and 2556(A) and (B) are hereby amended and reenacted and7
R.S. 37:2555(F) and 2558(A)(4) are hereby enacted to read as follows:8
§2554.  Qualifications; examinations; certificates 9
A.  The board shall determine the qualifications of persons applying for10
examination under this Chapter, make rules for the examination of applicants and for11
the issuance and maintenance of certificates herein provided for which shall be12
subject to legislative oversight review pursuant to the Administrative Procedure Act,13
and shall grant certificates to such applicants as may, upon examination, be qualified14
in professional shorthand reporting and in such other subjects as the board may deem15
advisable.16
B.(1) The board may, at its discretion, waive regular examination of any17
person duly holding a comparable C.S.R. certificate from another state and desiring18
to move to Louisiana as a verbatim reporter practice as a certified reporter in the19
state of Louisiana.20
(2) Any person duly holding a certification in digital reporting from a21
recognized authority as defined in R.S. 37:2555, or any person employed as an22
official court reporter or deputy official court reporter by a court of record utilizing23
electronic or audio recording as a method of official court reporting on or before24 ENROLLEDHB NO. 429
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December 31, 2010, shall be certified as long as they remain employed by that court1
as an official or deputy official court reporter. The provisions of this Paragraph shall2
not be applicable to the Fifteenth, Sixteenth, Seventeenth, Nineteenth, Thirty-3
Second, Thirty-Fourth, and Fortieth Judicial District Courts, the Orleans Parish Civil4
District Court, the Orleans Parish Criminal District Court, the Jefferson Parish First5
and Second Parish Courts, the New Orleans First and Second City Courts, the New6
Orleans Municipal and Traffic Courts, and on and after the effective date of its7
creation, the Forty-First Judicial District Court.8
C. A certificate holder shall be restricted from changing from the system of9
reporting under which the certificate holder was certified to any other shorthand10
system as defined in R.S. 37:2555, until the certificate holder has been certified by11
the board under a different system of reporting. Violation of this restriction may12
result in the suspension or revocation of a certificate.13
D. The board shall in no way restrict the use of electronic equipment to14
certificate holders hereunder in the performance of their duties, but shall exclude the15
use of all electronic recording equipment, except stenomask and digital recording16
equipment, to all applicants at the time and place of examination.17
E. Every general or freelance certificate holder hereunder shall be deemed18
a certified court reporter, entitled to use the abbreviation "C.C.R." after his name,19
and at his expense shall receive from the board, and may keep while his certificate20
remains in effect, a metal seal imprinting his name and "Certified Court Reporter of21
the State of Louisiana". Such certificate and seal shall authorize the holder thereof22
to issue affidavits with respect to his regular duties, to subpoena witnesses for23
depositions, to administer oaths and affirmations, and to take depositions, sworn24
statements, court proceedings, and related hearings.25
F. The board shall promulgate by rule a procedure to 	convert to the certified26
court reporter, or C.C.R., certificate, all certificates previously issued by the board,27
including the certified shorthand reporter, or C.S.R., and the certified general28
reporter, or C.G.R., certificates, which remain in effect subject to the regulatory29
authority of the board pending conversion issue the certified digital reporter, or30 ENROLLEDHB NO. 429
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C.D.R., certificate. The board may also establish by rule appropriate designations by1
which the various capabilities of certified court digital reporters may be identified,2
including the system of shorthand reporting under which a certificate holder is3
certified, the means by which a certificate was obtained, and other criteria by which4
the public may be better informed in contracting for shorthand reporting services.5
G. The maintenance and continued validity of any license issued by the6
board as provided for in this Chapter shall be dependent upon the satisfactory7
performance and completion by a certified 	court reporter of those continuing8
education requirements as established by the board, subject to legislative oversight9
pursuant to the Administrative Procedure Act.10
H. Repealed by Acts 1993, No. 908, §2, eff. June 23, 1993.11
I. Repealed by Acts 1993, No. 908, §2, eff. June 23, 1993.12
J.(H)(1) The board shall contract with a third party for the preparation and13
grading of the examination required in this Section. 14
(2)  Each school which provides programs in court reporting shall annually15
report to the board and to the Senate Committee on Judiciary B and the House16
Committee on the Judiciary the number of program completers, the number of such17
completers who sit for the examination, and the number of examination takers who18
successfully pass the test.19
§2555.  Definitions 20
*          *          *21
F. The "practice of digital reporting" is defined as the making of a verbatim22
record of any oral court proceeding through the use of digital, electronic, or audio23
recording equipment transcribed into a written record of the proceeding by an official24
or deputy official reporter who has been certified to engage in the practice of digital25
reporting as a certified electronic reporter and transcriber by the American26
Association of Electronic Reporters and Transcribers or any other national or state27
recognized association or organization which is approved by the board and28
authorized or licensed to provide education and certification for professionals29
engaged in digital reporting and transcribing a verbatim record of oral court30 ENROLLEDHB NO. 429
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proceedings, and which is approved by the judge or court employing the services of1
the court reporter, or any official or deputy official reporter who has satisfied2
equivalent testing and certification requirements established by the board.3
§2556.  Appointment of reporter4
A.(1) Official court reporters and deputy official court reporters employed5
as such in a court of record, as defined in R.S. 37:2555(C) and (D), shall be subject6
to the certification requirements of this Chapter and shall be subject to the regulatory7
authority of the board during their employment or appointment as court reporters for8
purposes of either official and general or freelance reporting.  The board shall9
recognize and provide by rule for a new method of digital reporting for use by an10
official or deputy official certified digital reporter, or C.D.R., in court proceedings.11
However, on On or before December 31, 1992, 2010, the board will accept, upon12
payment of a fee fixed by the board, applications for certification without13
examination from any person furnishing due proof that he or she was employed as14
an official court reporter or deputy official court reporter, as defined in R.S.15
37:2555(C) and (D), as of September 1, 1991. December 31, 2010, and that he or she16
performed the duties of an official or deputy official court reporter utilizing17
electronic, audio, or digital recording equipment and transcribing as the method of18
producing an official record. The board may establish and administer an19
examination for digital reporting and may issue certificates to qualified applicants20
after December 31, 2010.21
(2) No person employed as an official court reporter or deputy official court22
reporter, as defined in R.S. 37:2555(C) and (D), shall perform duties as a general or23
free-lance reporter, as defined in R.S. 37:2555(E), unless certified by the board to24
engage in such reporting outside of the court where such person is employed and on25
the payroll of the court to act as official court reporter or deputy official court26
reporter.27
B. No person shall practice general reporting or freelance reporting unless28
he currently holds a valid certificate or has paid the fee, provided the required proof29 ENROLLEDHB NO. 429
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of employment, and received certification from the board as required in Subsection1
A as a certified court reporter, or C.C.R.2
*          *          *3
§2558.  Fees4
A. The board shall collect fees from each applicant for a certificate as5
hereinafter provided. The board shall have power to require a reinstatement fee for6
suspended or revoked delinquent certificates, a reciprocal fee for certification7
without examination, and an annual renewal fee for all certificates and to collect8
therefor a fee of such amount as may be fixed by the board according to the9
following schedule:10
*          *          *11
(4) The fee for issuance of a new certificate to a reporter admitted to practice12
as a certified court reporter, or C.C.R., shall not exceed one hundred twenty-five13
dollars.14
*          *          *15
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: