HF 524 (LSB 1148HV (2) 86)

HOUSE FILE 524

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HSB 105)

A BILL FOR

An Act relating to the certification and regulation of shorthand reporters.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 602.3105, Code 2015, is amended to read as follows:
   602.3105  Applications.

   Applications for certification shall be on forms prescribed and furnished by the board and the board shall not require that the application contain a photograph of the applicant. An applicant shall not be denied certification because of age, citizenship, sex, race, religion, marital status, or national origin although the application may require citizenship information. The board may consider the past felony record of an applicant. Character references may be required, but shall not be obtained from certified shorthand reporters.
    Sec. 2.  NEW SECTION.  602.3108  Certification.

   The board may issue a certificate to a person of good moral character and fitness who makes application on a form prescribed and furnished by the board and who satisfies the education, experience, and examination requirements of this article and rules prescribed by the supreme court pursuant to this article. The board may consider the applicant’s past record of any felony conviction and the applicant’s past record of disciplinary action with respect to certification as a shorthand reporter in any jurisdiction. The board may deny certification if the board finds the applicant has committed any of the acts listed in section 602.3203 or has made a false statement of material fact on the application for certification.
    Sec. 3.  Section 602.3203, Code 2015, is amended by adding the following new subsection:
   NEW SUBSECTION.  8.  Noncompliance with section 602.3204.
    Sec. 4.  NEW SECTION.  602.3204  Transcript integrity.

   A certified shorthand reporter taking a deposition, or any other person with whom the certified shorthand reporter has a principal-agent or employer-employee relationship, shall not enter into an agreement for reporting services that requires the certified shorthand reporter to relinquish control of an original deposition transcript and copies of the transcript before it is certified and delivered to the custodial attorney.
    Sec. 5.  NEW SECTION.  602.3205  Transcript work product.

   A certified shorthand reporter’s written shorthand notes, stenography notes, and audio and digital recordings used solely for the purpose of providing a verbatim written transcript of a court proceeding or a proceeding conducted in anticipation of use in a court proceeding shall be considered work product of the certified shorthand reporter, shall be kept confidential, and are not subject to discovery, production, or subpoena.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to the certification and regulation of shorthand reporters (court reporters).
   Current law provides that a shorthand reporter shall not engage in the profession of shorthand reporting unless the person is certified. The bill expands the criteria for obtaining such a certification. Under the bill, the board of examiners of shorthand reporters may issue a certificate to a person of good moral character and fitness who makes application on a form prescribed and furnished by the board and who satisfies the education, experience, examination requirements, and rules prescribed by the supreme court. The bill specifies that the board may consider the applicant’s past record of any felony conviction and the applicant’s past record of disciplinary action with respect to certification. The bill further specifies that the board of examiners of shorthand reporters may deny certification if the board finds the applicant has committed any of the acts listed in Code section 602.3203 or has made a false statement of material fact on the application for certification.
   The bill expands the conditions under which the board of examiners of shorthand reporters may revoke or suspend the certification of a shorthand reporter to include noncompliance with new Code section 602.3204 relating to transcript integrity as created in the bill.
   New Code section 602.3204 is created to prohibit a shorthand reporting services agreement from requiring a certified shorthand reporter to relinquish control of an original deposition transcript and copies of the transcript before it is certified and delivered to the custodial attorney.
   New Code section 602.3205 is created to keep confidential a shorthand reporter’s written shorthand notes, stenography notes, and audio and digital recordings used solely to provide a written transcript of a court proceeding or a proceeding conducted in anticipation of use in a court proceeding. New Code section 602.3205 provides that such shorthand reporter’s work product is not subject to discovery, production, or subpoena.