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