Substitute House Bill No. 6960
          Substitute House Bill No. 6960

              PUBLIC ACT NO. 97-166


AN   ACT   CONCERNING   THE   LICENSING  OF  COURT
REPORTERS.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section  1.  (NEW) As used in sections 1 to 7,
inclusive,  of  this  act,  unless   the   context
otherwise requires:
    (1)   "Board"   means   the   State  Board  of
Examiners of Shorthand Reporters  appointed  under
the provisions of section 2 of this act;
    (2)  "Licensed  shorthand  reporter" means any
person who holds a license to  practice  shorthand
reporting  in  this  state  under the authority of
sections 1 to 7, inclusive, of this act; and
    (3)   "Shorthand  reporting"  means  making  a
verbatim record of the spoken word by the  use  of
written  symbols, either manually or by the use of
a stenotype machine or  computer  aided  stenotype
transcription   machine,   for   the   purpose  of
reporting arbitration proceedings,  administrative
hearings,  depositions,  or  other  proceedings or
matters for the use of the courts of this state.
    Sec.  2. (NEW) (a) There is established within
the Department of Consumer  Protection  the  State
Board  of  Examiners  of  Shorthand Reporters. The
board shall be composed of six members as follows:
(1)  One attorney admitted to practice law in this
state and in good standing to be appointed by  the
Governor  from  a  list submitted by the Executive
Board of the Connecticut Bar Association; (2)  two
members  of  the  public  to  be  appointed by the
Governor; and (3) three shorthand reporters to  be
appointed by the Governor from a list submitted by
the  Connecticut  Court   Reporters   Association,
provided,   all   persons   appointed  under  this
subdivision after the expiration of the  terms  of
the  initial  members  selected  shall be licensed
shorthand reporters.
    (b)   Notwithstanding   the    provisions   of
subsection (c) of  section  4-9a  of  the  general
statutes, the members  of  the  board  shall  hold
office for staggered  terms.  The  initial members
selected shall serve  as follows: (1) The attorney
appointed from the list submitted by the Executive
Board of the  Connecticut  Bar  Association  shall
hold office for  one  year; (2) each public member
shall hold office  for  three  years;  and (3) one
shorthand reporter shall  hold office for one year
and the other  two  shorthand reporters shall hold
office  for  two   years,  as  designated  by  the
Governor. Following the expiration of such initial
terms, each subsequent appointee shall hold office
for a term  of  three  years. Any vacancy shall be
filled  by  the   appointing   authority  for  the
unexpired  portion  of  the  term  of  the  member
replaced.   Notwithstanding  the   provisions   of
subsection (a) of  section  4-9a  of  the  general
statutes, the board  shall  elect  one  member  as
chairperson and one member as secretary. The board
shall keep a  true  and  complete  record  of  all
proceedings.
    (c)    The    board    shall   supervise   the
examination, licensing  and  conduct  of  licensed
shorthand    reporters    engaged   in   reporting
proceedings or matters for the use of  the  courts
of  this state. In the event of a conflict between
the provisions of sections 1 to 7,  inclusive,  of
this  act  or  any  regulation adopted pursuant to
subsection (d) of section 5 of this act,  and  the
provisions of chapter 874 of the general statutes,
the provisions of chapter 874 shall govern.
    Sec.  3.  (NEW)  On and after January 1, 1999,
no  person  shall   use   the   title   "shorthand
reporter",    "court    reporter"    or    similar
designation, or display or use any words, letters,
figures,  title,  advertisement or other device to
indicate that such person is a shorthand reporter,
or  engage  in the practice of shorthand reporting
for compensation in this state, unless such person
is  licensed  in accordance with the provisions of
sections 1 to 7, inclusive, of this act, except as
provided in section 6 of this act.
    Sec.   4.  (NEW)  (a)  Any  person  seeking  a
license under the provisions of sections 1  to  7,
inclusive, of this act shall apply to the board in
writing on a form  provided  by  the  board.  Such
application  shall  include  the applicant's name,
residence address, business address and such other
information   as   the  Commissioner  of  Consumer
Protection may require by  regulation  adopted  in
accordance with chapter 54 of the general statutes
upon the recommendation of the board.
    (b)  Each  application for a license under the
provisions of sections 1 to 7, inclusive, of  this
act   shall  be  accompanied  by  a  nonrefundable
application fee of fifty dollars and a license fee
of  one  hundred  fifty  dollars.  The fee for the
renewal of any license issued under the provisions
of  sections  1 to 7, inclusive, of this act shall
be one hundred fifty dollars.
    Sec.  5.  (NEW)  (a) No person shall receive a
license under the provisions of sections 1  to  7,
inclusive,  of  this  act  until  such  person has
passed an examination which shall be substantially
similar  to  the examination of the National Court
Reporters  Association,  or  demonstrates  to  the
satisfaction  of  the  board  that such person has
actively engaged  in  the  practice  of  shorthand
reporting  in this state before the effective date
of   this   act,   or   has   submitted   evidence
satisfactory  to  the  board that such person is a
Registered Professional Reporter of  the  National
Court Reporters Association or its equivalent.
    (b)    If    the   applicant   satisfies   the
requirements of this section, upon payment of  the
fee  required  by section 4 of this act, the board
shall  authorize  the   Department   of   Consumer
Protection  to  issue  a license to the applicant,
showing that the person named in such  license  is
entitled  to  engage  in the practice of shorthand
reporting in this state  in  accordance  with  the
provisions  of sections 1 to 7, inclusive, of this
act. Notwithstanding the provisions of  subsection
(b) of section 21a-10 of the general statutes, any
such license shall be valid for a period of  three
years.
    (c) Any license issued under the provisions of
sections 1 to  7,  inclusive,  of  this  act, upon
payment of the  fee  required by section 4 of this
act, may be  renewed  for a period of three years.
As a condition  of  any such renewal, the licensee
shall furnish evidence  satisfactory  to the board
that the licensee  has  completed  not  less  than
thirty continuing education  credits since receipt
of the initial  license  or  the  previous license
renewal. The Commissioner  of  Consumer Protection
shall, by regulation  adopted  in  accordance with
chapter 54 of  the  general  statutes and upon the
recommendation    of    the    board,    establish
requirements  for  the   continuing  education  of
licensed shorthand reporters.
    Sec.  6. (NEW) The provisions of sections 1 to
7, inclusive, of this act do not apply to: (1) Any
person  who  is  employed by this state as a court
reporter, whether compensated on a salary or a per
diem  basis; and (2) any person who is employed by
the United States as  a  court  reporter  for  the
federal courts located in this state.
    Sec.  7.  (NEW) In addition to any action that
may be taken by the board pursuant  to  subsection
(c)  of  section 21a-9 of the general statutes, as
amended by section 9 of this act,  the  board  may
suspend  or  revoke  the  license  of  a shorthand
reporter under subdivision (7) of section 21a-7 of
the general statutes for:
    (1)  Failing  to  deliver  a  transcript  to a
client or a court in a timely manner;
    (2)   Producing   an   incomplete  transcript,
except upon the order of a court, agreement of the
parties or request of a party;
    (3)  Failing  to  charge  all parties or their
attorneys  the  same  rate   for   like   services
performed  in  a  proceeding, including any charge
for a copy of the transcript;
    (4)  Failing  to  notify  all parties or their
attorneys of a  request  for  all  or  part  of  a
transcript  in  sufficient  time  for copies to be
prepared  and  delivered  to   such   parties   or
attorneys  simultaneously with the delivery of the
original request;
    (5)  (A)  Giving,  directly or indirectly, any
gift, incentive, reward or other thing of value to
an   attorney,  the  attorney's  clients,  or  the
representatives or  agents  of  such  attorney  or
clients, or (B) directly or indirectly benefitting
from or being employed as a result  of  any  gift,
incentive, reward or other thing of value given by
any person to an attorney, the attorney's clients,
or  the representatives or agents of such attorney
or clients;
    (6)  The reporting of any proceeding where the
licensed shorthand reporter is  a  relative  of  a
party   to   the   proceeding   or   an   attorney
representing a party to the proceeding within  the
second degree by affinity or consanguinity; or
    (7)  The reporting of any proceeding where the
licensed  shorthand  reporter  has   a   financial
interest in the proceeding or is associated with a
firm  which  has  a  financial  interest  in   the
proceeding.
    Sec.  8. Section 21a-6 of the general statutes
is repealed and the following  is  substituted  in
lieu thereof:
    The  following  boards  shall  be  within  the
Department of Consumer Protection:
    (1)    The   Architectural   Licensing   Board
established under chapter 390;
    (2) Repealed by P.A. 93-151, S. 3, 4;
    (3)  The examining boards for electrical work;
plumbing and  piping  work;  heating,  piping  and
cooling  work;  elevator  installation, repair and
maintenance work; and  fire  protection  sprinkler
systems work established under chapter 393;
    (4)  The  State  Board of Television and Radio
Service Examiners established under  chapter  394;
[,  formerly  within  the  Department  of Consumer
Protection  for  fiscal  and  budgetary   purposes
only;]
    (5)  The  Commission  of  Pharmacy established
under  [sections  20-570  to  20-625,   inclusive]
CHAPTER 400j;
    (6)  The  State  Board of Landscape Architects
established under chapter 396;
    (7)  The State Tree Protection Examining Board
established  under  sections  23-61a   to   23-65,
inclusive;
    (8)   The   State   Board   of  Examiners  for
Professional   Engineers   and   Land    Surveyors
established under chapter 391;
    (9) Repealed by P.A. 80-484, S. 175, 176;
    (10)  The  Connecticut  Real Estate Commission
established under chapter 392;
    (11)  The  Connecticut  Real  Estate Appraisal
Commission established under [sections  20-500  to
20-526, inclusive] CHAPTER 400j; AND
    (12)   THE   STATE   BOARD   OF  EXAMINERS  OF
SHORTHAND REPORTERS ESTABLISHED UNDER  SECTIONS  1
TO 7, INCLUSIVE, OF THIS ACT.
    Sec.  9. Section 21a-9 of the general statutes
is repealed and the following  is  substituted  in
lieu thereof:
    (a)  With regard to the boards and commissions
[transferred to] WITHIN the Department of Consumer
Protection,    the    Commissioner   of   Consumer
Protection (1)  shall  [establish]  ADOPT  uniform
rules  of  procedure,  consistent with chapter 54,
for hearings and other proceedings to be conducted
by the boards or commissions and for the giving of
notice to persons affected  by  such  proceedings,
and   (2)   may,   where  authorized  by  statute,
[establish]  ADOPT   regulations   regarding   any
subject  within  the  jurisdiction  of  a board or
commission.
    (b)  Any  rules  OF  PROCEDURE and regulations
[established] ADOPTED  pursuant  to  this  section
shall  be  [established as provided in] ADOPTED IN
ACCORDANCE WITH chapter 54. No regulation shall be
adopted   pursuant   to  this  section  until  the
appropriate board or commission has had reasonable
opportunity  to review the proposed regulation and
to offer comments thereon.
    (c)  Each  such board or commission may act in
accordance with the provisions of subdivision  (7)
of  section  21a-7,  in the case of a practitioner
who: (1) Knowingly engages in  fraud  or  material
deception   in   order   to   obtain   a  license,
registration or certificate or doing so  in  order
to   aid  another  in  obtaining  a  license;  (2)
performs work beyond the  scope  of  the  license,
registration or certificate issued by the board or
commission; (3)  illegally  uses  or  transfers  a
license, registration or certificate issued by the
board or commission; (4) performs  incompetent  or
negligent   work;   (5)   knowingly  makes  false,
misleading or  deceptive  representations  to  the
public  regarding  work  to  be  performed; or (6)
violates any provision of the general statutes  or
any regulation established thereunder, relating to
his profession or occupation.
    (d)  As  used  in chapters 390, 391, 392, 393,
394, 396, 400j, 451 and 482, AND SECTIONS 1 TO  7,
INCLUSIVE, OF THIS ACT:
    (1)  "Certificate"  includes the whole or part
of any Department of  Consumer  Protection  permit
which the department issues under authority of the
general statutes and which (A) authorizes practice
of  the  profession  by certified persons but does
not prohibit the practice  of  the  profession  by
others, not certified, (B) prohibits a person from
falsely  representing  that  he  is  certified  to
practice  the profession unless the person holds a
certificate  issued  by  the  department  and  (C)
requires  as  a  condition of certification that a
person  submit  specified   credentials   to   the
department   which  attest  to  qualifications  to
practice the profession.
    (2)  "License"  includes  the whole or part of
any  Department  of  Consumer  Protection  permit,
approval,  or similar form of permission which the
department issues under authority of  the  general
statutes  and  which  requires (A) practice of the
profession   by   licensed   persons   only,   (B)
demonstration   of   competence   to  practice  by
examination or other means and meeting of  certain
minimum standards and (C) enforcement of standards
by  the  department   or   regulatory   board   or
commission.
    (3)  "Registration" includes the whole or part
of any permit which the  department  issues  under
authority  of  the  general statutes and which (A)
requires persons to place their names  on  a  list
maintained  by  the  department  before  they  can
engage in the practice of a  specified  profession
or  occupation,  (B)  does not require a person to
demonstrate competence  by  examination  or  other
means  and  (C) may be revoked or suspended by the
commissioner for cause.

Approved June 24, 1997