Senate File 404 - Introduced SENATE FILE 404 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1089) A BILL FOR An Act relating to the certification and regulation of 1 shorthand reporters. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1148SV (3) 86 jm/rj

S.F. 404 Section 1. Section 602.3105, Code 2015, is amended to read 1 as follows: 2 602.3105 Applications. 3 Applications for certification shall be on forms prescribed 4 and furnished by the board and the board shall not require that 5 the application contain a photograph of the applicant. An 6 applicant shall not be denied certification because of age, 7 citizenship, sex, race, religion, marital status, or national 8 origin although the application may require citizenship 9 information. The board may consider the past felony record of 10 an applicant. Character references may be required, but shall 11 not be obtained from certified shorthand reporters. 12 Sec. 2. NEW SECTION . 602.3108 Certification. 13 The board may issue a certificate to a person of good 14 moral character and fitness who makes application on a form 15 prescribed and furnished by the board and who satisfies the 16 education, experience, and examination requirements of this 17 article and rules prescribed by the supreme court pursuant to 18 this article. The board may consider the applicant’s past 19 record of any felony conviction and the applicant’s past 20 record of disciplinary action with respect to certification 21 as a shorthand reporter in any jurisdiction. The board 22 may deny certification if the board finds the applicant has 23 committed any of the acts listed in section 602.3203 or has 24 made a false statement of material fact on the application for 25 certification. 26 Sec. 3. Section 602.3203, Code 2015, is amended by adding 27 the following new subsection: 28 NEW SUBSECTION . 8. Noncompliance with section 602.3204. 29 Sec. 4. NEW SECTION . 602.3204 Transcript integrity. 30 A certified shorthand reporter taking a deposition, or any 31 other person with whom the certified shorthand reporter has a 32 principal-agent or employer-employee relationship, shall not 33 enter into an agreement for reporting services that requires 34 the certified shorthand reporter to relinquish control of an 35 -1- LSB 1148SV (3) 86 jm/rj 1/ 3

S.F. 404 original deposition transcript and copies of the transcript 1 before it is certified and delivered to the custodial attorney. 2 Sec. 5. NEW SECTION . 602.3205 Transcript work product. 3 A certified shorthand reporter’s audio recordings used 4 solely for the purpose of providing a verbatim written 5 transcript of a court proceeding or a proceeding conducted in 6 anticipation of use in a court proceeding shall be considered 7 the personal property and private work product of the certified 8 shorthand reporter. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill relates to the certification and regulation of 13 shorthand reporters (court reporters). 14 Current law provides that a shorthand reporter shall 15 not engage in the profession of shorthand reporting unless 16 the person is certified. The bill expands the criteria for 17 obtaining such a certification. Under the bill, the board 18 of examiners of shorthand reporters may issue a certificate 19 to a person of good moral character and fitness who makes 20 application on a form prescribed and furnished by the board 21 and who satisfies the education, experience, examination 22 requirements, and rules prescribed by the supreme court. The 23 bill specifies that the board may consider the applicant’s 24 past record of any felony conviction and the applicant’s past 25 record of disciplinary action with respect to certification. 26 The bill further specifies that the board of examiners of 27 shorthand reporters may deny certification if the board finds 28 the applicant has committed any of the acts listed in Code 29 section 602.3203 or has made a false statement of material fact 30 on the application for certification. 31 The bill expands the conditions under which the board of 32 examiners of shorthand reporters may revoke or suspend the 33 certification of a shorthand reporter to include noncompliance 34 with new Code section 602.3204 relating to transcript integrity 35 -2- LSB 1148SV (3) 86 jm/rj 2/ 3

S.F. 404 as created in the bill. 1 New Code section 602.3204 is created to prohibit a shorthand 2 reporting services agreement from requiring a certified 3 shorthand reporter to relinquish control of an original 4 deposition transcript and copies of the transcript before it is 5 certified and delivered to the custodial attorney. 6 New Code section 602.3205 is created to specify that a 7 shorthand reporter’s audio recordings used solely to provide 8 a written transcript of a court proceeding or a proceeding 9 conducted in anticipation of use in a court proceeding are 10 considered the shorthand reporter’s personal property and 11 private work product. 12 -3- LSB 1148SV (3) 86 jm/rj 3/ 3