1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, providing for court
3reporting contracts.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1.  Title 42 of the Pennsylvania Consolidated
7Statutes is amended by adding a chapter to read:

8CHAPTER 46

9COURT REPORTING CONTRACTS

10Sec.

114601.  Short title of chapter.

124602.  Definitions.

134603.  Prohibited contract provisions.

144604.  Applicability.

154605.  Action to recover damages.

16§ 4601.  Short title of chapter.

17This chapter shall be known and may be cited as the Court
18Reporting Contract Act.

1§ 4602.  Definitions.

2The following words and phrases when used in this chapter
3shall have the meanings given to them in this section unless the
4context clearly indicates otherwise:

5"Court reporter."  A person who makes, by a written system of 
6either manual shorthand or stenotype or by use of a stenomask or 
7any other means, a verbatim record of any adjudicatory or 
8testimonial proceeding, public hearing or testimony given under 
9oath.

10§ 4603.  Prohibited contract provisions.

11A contract entered into between a court reporter or a court
12reporting firm and an attorney, a law firm, a party to a legal
13proceeding or a party having a financial interest in a legal
14proceeding shall not include provisions that:

15(1)  Undermine the impartiality of the court reporter by:

16(i)  Failing to charge all parties to the legal
17proceeding or their attorneys the same price for copies
18of a transcript or the same price for like services
19performed in the legal proceeding.

20(ii)  Failing to provide copies of a transcript to
21all parties to the legal proceeding, or their attorneys,
22simultaneously with the delivery of the original.

23(2)  Require the court reporter to provide any service to
24a party to the legal proceeding not offered to the other
25parties.

26(3)  Otherwise give an advantage to a party to the legal
27proceeding over the other parties.

28§ 4604.  Applicability.

29(a)  Government agency.--This chapter shall not apply to a
30contract for court reporting services to which a court, agency

1or instrumentality of the United States or the Commonwealth is a
2party.

3(b)  Court rulemaking authority.--This chapter shall not be
4construed to preclude or supersede the authority exercised by
5the Supreme Court of Pennsylvania under section 10 of Article V
6of the Constitution of Pennsylvania.

7§ 4605.  Action to recover damages.

8A party to a legal proceeding or a party having a financial
9interest in a legal proceeding, or that party's attorney, who
10suffers any ascertainable loss of money or property as a result
11of the provision of a contract that violates this chapter may
12bring a private action against the parties to the contract in
13order to recover up to three times the actual damages suffered
14or $100, whichever is greater. The court may provide additional
15relief, including injunctive relief, as it deems necessary and
16proper. The court shall award reasonable attorney fees to a
17person who prevails in an action brought under this section.

18Section 2.  The addition of 42 Pa.C.S. Ch. 46 shall apply to 
19contracts entered into on or after the effective date of this 
20section.

21Section 3.  This act shall take effect in 60 days.