PRINTER'S NO. 1992
No. 1671 Session of 1995
INTRODUCED BY FARMER, PETTIT, CORRIGAN, BELARDI, HORSEY, STEELMAN, RICHARDSON, BOSCOLA, PISTELLA AND RAMOS, MAY 24, 1995
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MAY 24, 1995
AN ACT 1 Providing for and regulating the licensing, registration and 2 practice of verbatim reporting; creating and imposing powers 3 and duties on the State Board of Certified Verbatim 4 Reporters; prescribing penalties; and making an 5 appropriation. 6 TABLE OF CONTENTS 7 Section 1. Short title. 8 Section 2. Definitions. 9 Section 3. Verbatim reporting. 10 Section 4. Examinations. 11 Section 5. Application for examination. 12 Section 6. Licensure. 13 Section 7. Renewal procedure. 14 Section 8. Certified verbatim reporter. 15 Section 9. State Board of Certified Verbatim Reporters. 16 Section 10. Powers and duties. 17 Section 11. Licenses. 18 Section 12. Register. 19 Section 13. Reciprocity.
1 Section 14. Penalties. 2 Section 15. Operating expenses. 3 Section 16. Appropriation. 4 Section 17. Effective date. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Short title. 8 This act shall be known and may be cited as the Certified 9 Verbatim Reporter Title Act. 10 Section 2. Definitions. 11 The following words and phrases when used in this act shall 12 have the meanings given to them in this section unless the 13 context clearly indicates otherwise: 14 "Board." The State Board of Certified Verbatim Reporters 15 created by this act. 16 "Certified verbatim reporter." A person who is qualified and 17 licensed under this act. 18 "Commissioner." The Commissioner of Professional and 19 Occupational Affairs of the Commonwealth. 20 "Practice of verbatim reporting." The making, by a written 21 system of either manual shorthand or stenotype, or by use of a 22 stenomask, of a verbatim record of any adjudicatory or 23 testimonial proceeding or public hearing or any testimony given 24 under oath. Nothing in this term is intended to preclude or 25 supersede authority exercised by the Pennsylvania Supreme Court 26 under section 10 of Article V of the Constitution of 27 Pennsylvania. 28 Section 3. Verbatim reporting. 29 No person shall call himself a certified verbatim reporter 30 and engage in the practice of verbatim reporting unless he is 19950H1671B1992 - 2 -
1 the holder of a license issued by the board. 2 Section 4. Examinations. 3 Examinations for licensure shall be scheduled at least 4 semiannually. All written, oral or practical examinations shall 5 be prepared and administered by a qualified and approved 6 professional testing organization in accordance with section 7 812.1 of the act of April 9, 1929 (P.L.177, No.175), known as 8 The Administrative Code of 1929. 9 Section 5. Application for examination. 10 (a) Time and place.--Examinations shall be held at such 11 times and places as the board may designate. 12 (b) Filing.--Each applicant for the examination for a 13 license as a certified verbatim reporter shall file an 14 application with the board and will be scheduled for examination 15 on the next available date of examination. The application shall 16 be accompanied by an application fee to be set by the board by 17 regulation. 18 (c) Qualifications of applicant.--Each applicant for 19 examination shall furnish evidence satisfactory to the board 20 that the applicant: 21 (1) Is 18 years of age or older. 22 (2) Is a citizen of the United States or has declared 23 intention of becoming a citizen in accordance with law. 24 (3) Has satisfactorily completed a prescribed course in 25 verbatim reporting which has been approved by the board. 26 (4) Has not been convicted of a felony under the act of 27 April 14, 1972 (P.L.233, No.64), known as The Controlled 28 Substance, Drug, Device and Cosmetic Act, or of an offense 29 under the laws of another jurisdiction which if committed in 30 this Commonwealth would be a felony under The Controlled 19950H1671B1992 - 3 -
1 Substance, Drug, Device and Cosmetic Act, unless: 2 (i) at least ten years have elapsed from the date of 3 conviction; 4 (ii) the applicant satisfactorily demonstrates to 5 the board that he has made significant progress in 6 personal rehabilitation since the conviction, such that 7 licensure of the applicant should not be expected to 8 create a substantial risk of harm to the health and 9 safety of his clients or the public or a substantial risk 10 of further criminal violations; and 11 (iii) the applicant otherwise satisfied the 12 qualifications contained in or authorized by this act. 13 As used in this paragraph, the term "convicted" shall include a 14 judgment, an admission of guilt or a plea of nolo contendere. 15 Section 6. Licensure. 16 (a) License and fee.--The board shall, upon payment of the 17 initial licensing fee, issue to each person passing the 18 examination to the board's satisfaction a license setting forth 19 that such person has been licensed as a certified verbatim 20 reporter. 21 (b) License for active practitioners.--The board shall, in 22 lieu of all other requirements, grant a license to any person 23 who has been actively engaged, as defined by the board, as an 24 official reporter in a United States District Court or a court 25 of this Commonwealth for a period of five years or more before 26 the effective date of this act. In addition to the above 27 individuals, the board shall, in lieu of all other requirements, 28 grant a license to any person who is a registered professional 29 reporter, sometimes designated as "R.P.R.," or holds 30 certification from the National Stenomask Reporters Association, 19950H1671B1992 - 4 -
1 or a nonregistered professional reporter or noncertified court 2 reporter who has evidenced proof of graduation from high school 3 and has worked in verbatim reporting for five years as his 4 principal work, with proof of such employment from a judge or, 5 if he worked as a freelance or private contractor, notarized 6 affidavits from three attorneys. The license shall be issued by 7 the board upon application for licensure within one year after 8 the effective date of this act and the payment of an application 9 fee. In addition to the initial licensing fee, the board shall 10 require an applicant to submit satisfactory proof that he was 11 engaged as required in this subsection. This subsection shall 12 expire one year from the effective date of this act. 13 (c) Provisional license.--The board shall grant a 14 provisional license to any reporter recently graduated from a 15 program approved by the board for a time period to extend until 16 results are announced for the next examination conducted under 17 this act. Provisional licenses shall expire if the person fails 18 the examination. 19 Section 7. Renewal procedure. 20 (a) Board.--On a biennial basis, the board shall mail to 21 each holder of a license an application for license renewal. The 22 renewal application shall contain the applicant's name, office 23 and residence addresses, the number of the applicant's license 24 and such other information as the board shall deem necessary. 25 (b) Applicant.--The applicant shall complete, sign and 26 certify to the accuracy of his application and shall forward the 27 application, together with the renewal fee to the board. 28 (c) Additional fee.--Any certified verbatim reporter who 29 fails or neglects to apply for registration within one year of 30 the effective date of this act or at any later time fails to 19950H1671B1992 - 5 -
1 apply for renewal of licensure shall be required to make 2 application as provided in section 5, sit for examination and 3 pay such fees as are provided for a new applicant. 4 (d) Failure to register.--Any person who calls himself a 5 certified verbatim reporter and who practices verbatim reporting 6 without first being licensed commits an illegal practice for 7 which the board may refuse to grant a license. 8 Section 8. Certified verbatim reporter. 9 Any person holding a valid license under this act shall be 10 known as a "certified verbatim reporter" and may use such title 11 or the abbreviation "C.V.R." No other person, firm or 12 partnership, any of the members of which have not received this 13 license, and no corporation shall assume or use the title or 14 abbreviation or in any manner whatever represent that the 15 person, firm, partnership or corporation is a certified verbatim 16 reporter. 17 Section 9. State Board of Certified Verbatim Reporters. 18 (a) Creation.--There is hereby created and established, as a 19 departmental and administrative board within the Department of 20 State, the State Board of Certified Verbatim Reporters. The 21 board shall be subject to the applicable provisions of the act 22 of April 9, 1929 (P.L.177, No.175), known as The Administrative 23 Code of 1929. 24 (b) Members.--The board shall consist of nine members to be 25 made up as follows: the commissioner or his designee, four 26 verbatim reporters appointed by the Governor, two members 27 appointed by the Governor from the general public and two 28 members of the Pennsylvania Bar who have practiced for at least 29 ten years appointed by the governor. All members appointed by 30 the Governor shall require confirmation by a majority of the 19950H1671B1992 - 6 -
1 members elected to the Senate. 2 (c) Terms.--Of the initial membership appointed by the 3 Governor, three shall be appointed for a term of one year, three 4 for a term of two years and two for a term of three years. No 5 member may serve more than two consecutive terms. Thereafter, 6 appointments shall be for three-year terms. 7 (d) Vacancies.--When the term of each appointed member of 8 the board ends, the Governor shall appoint his successor for a 9 term of three years, by and with the advice and consent of a 10 majority of the members elected to the Senate. Any appointive 11 vacancy occurring on the board shall be filled by the Governor 12 by appointment for the unexpired term, by and with the advice 13 and consent of a majority of the members elected to the Senate. 14 Board members shall continue to serve until their successors are 15 appointed and qualified but not longer than six months beyond 16 the three-year period. 17 (e) Quorum.--A majority of the members serving in accordance 18 with law shall constitute a quorum for the transaction of 19 business. 20 (f) Chairman.--The board shall elect one of its members as 21 chairman of the board and one of its members as secretary. They 22 shall hold office for a period of two years. 23 (g) Expenses.--Each member of the board shall be reimbursed 24 for reasonable travel, lodging, meals and other expenses 25 directly related to the operation of the board. Each member of 26 the board, except the commissioner or his designee, shall 27 receive $60 per diem when actually attending to the work of the 28 board. 29 (h) Forfeiture of membership.--A board member who fails to 30 attend three consecutive meetings shall forfeit his seat unless 19950H1671B1992 - 7 -
1 the commissioner, upon written request from the member, finds 2 that the member should be excused from a meeting because of 3 illness or the death of a family member. 4 (i) Forfeiture for nonattendance.--A public member who fails 5 to attend two consecutive statutorily mandated training seminars 6 in accordance with section 813(e) of The Administration Code of 7 1929 shall forfeit his seat unless the commissioner, upon 8 written request from the public member, finds that the public 9 member should be excused from a meeting because of illness or 10 the death of a family member. 11 (j) Notice.--Reasonable notice of all meetings shall be 12 given in conformity with the act of July 3, 1986 (P.L.388, 13 No.84), known as the Sunshine Act. 14 Section 10. Powers and duties. 15 The board shall have the following powers and duties: 16 (1) To make rules and regulations necessary for the 17 administration and enforcement of this act, including 18 continuing education requirements for renewal of licenses. 19 (2) To issue subpoenas, seek injunctions, conduct 20 hearings on disciplinary matters and designate any member of 21 the board to administer oaths and take testimony concerning 22 any matter within the jurisdiction of the board. 23 (3) To refuse to issue, limit, suspend or revoke 24 licenses and to reprimand licensees. 25 (4) To administer this act subject to the powers of the 26 commissioner and the Department of State. 27 (5) To authorize the issuance of licenses. 28 (6) To approve examinations and provide for at least 29 annual examinations at such time and place as deemed 30 appropriate by the board. 19950H1671B1992 - 8 -
1 (7) To issue licenses to those successfully completing 2 examinations and to see that application and licensure fees 3 are paid as a prerequisite of licensure. 4 (8) To recommend those personnel as may be necessary to 5 carry out the administration of this act. 6 (9) To establish all fees required by this act by 7 regulation. 8 (10) To submit annually a report to the Consumer 9 Protection and Professional Licensure Committee of the Senate 10 and the Professional Licensure Committee of the House of 11 Representatives containing a description of the types of 12 complaints received and status of the cases. The report shall 13 also include a list of multiple certifications and 14 reinstatements. 15 (11) To submit annually to the Appropriations Committee 16 of the Senate and the Appropriations Committee of the House 17 of Representatives, 15 days after the Governor has submitted 18 his budget to the General Assembly, a copy of the budget 19 request for the upcoming fiscal year which the board 20 previously submitted to the Department of State. 21 Section 11. Licenses. 22 (a) Suspensions and revocation.--The board may refuse to 23 issue, limit, suspend or revoke any license in any case where 24 the board finds that the applicant or licensee: 25 (1) Has been convicted of any felony or of a misdemeanor 26 related to verbatim reporting. 27 (2) Is unfit or incompetent by reason of a physical or 28 mental disease or disability or the intemperate use of 29 alcoholic beverages or controlled substances. Failure to 30 submit to examination by a licensed physician or 19950H1671B1992 - 9 -
1 psychologist, if ordered upon probable cause by the board, 2 shall constitute an admission of guilt under this section, 3 upon which a default and final order may be issued by the 4 board without further proceedings. 5 (3) Has willfully violated any of the provisions of this 6 act or of the regulations of the board. 7 (4) Has committed fraud or deceit in the practice of 8 certified verbatim reporting or in procuring admission to 9 such practice. 10 (5) Has failed to register or renew the license. 11 (b) Formal action.--All disciplinary actions shall be made 12 only in accordance with a majority vote of the members of the 13 board. 14 (1) Disciplinary actions shall be subject to the right 15 of notice, hearing and adjudication and the right of appeal 16 therefrom in accordance with 2 Pa.C.S. (relating to 17 administrative law and procedure). 18 (2) The board, by majority action, may modify any prior 19 disciplinary order, provided that substantial evidence is 20 presented that the conditions provoking the original order 21 have been ameliorated or that substantial mitigation and 22 rehabilitation has occurred. 23 Section 12. Register. 24 The board shall annually prepare a register of certified 25 verbatim reporters in this Commonwealth, which shall be 26 available on request upon payment of a copying fee. 27 Section 13. Reciprocity. 28 Any certified or registered court reporter or verbatim 29 reporter currently licensed in another state may, after 30 establishing legal residency for a period of 60 days in 19950H1671B1992 - 10 -
1 Pennsylvania, make application and upon payment of required 2 fees, be licensed as a Pennsylvania certified verbatim reporter, 3 provided that the criteria for licensure are substantially 4 similar and that the same privilege is extended by that state to 5 Pennsylvania licensees. 6 Section 14. Penalties. 7 (a) Criminal penalties.--A person who violates this act 8 commits a summary offense and shall, upon conviction, be 9 sentenced to pay a fine of not less than $500 nor more than 10 $2,000. 11 (b) Civil penalty.--In addition to any other civil remedy or 12 criminal penalty provided for in this act, the board, by a vote 13 of the majority of the maximum number of the authorized 14 membership of the qualified and confirmed membership or a 15 minimum of five members, whichever is greater, may levy a civil 16 penalty of up to $1,000 on any current licensee who violates any 17 provision of this act or on any person who holds himself out as 18 a certified verbatim reporter without being so licensed under 19 this act. The board shall levy this penalty only after affording 20 the accused party the opportunity for a hearing, as provided in 21 2 Pa.C.S. (relating to administrative law and procedure). 22 Section 15. Operating expenses. 23 All fees, fines, penalties and other moneys derived from the 24 operation of this act shall be paid into the Professional 25 Licensure Augmentation Account and disbursed in accordance with 26 law. If the revenue raised by fees and fines are not sufficient 27 to meet the expenditures over a two-year period, the board shall 28 increase those fees by regulation so that the projected revenues 29 meet or exceed projected expenditures. If the Bureau of 30 Professional and Occupational Affairs determines that the fees 19950H1671B1992 - 11 -
1 established by the board are inadequate to meet minimum 2 enforcement efforts required by this act, then the bureau, after 3 consultation with the board, shall increase the fees by 4 regulation to meet the required enforcement effort. 5 Section 16. Appropriation. 6 The sum of $100,000, or as much thereof as may be necessary, 7 is hereby appropriated from the Professional Licensure 8 Augmentation Account within the General Fund to the Bureau of 9 Professional and Occupational Affairs in the Department of State 10 for the payment of costs for processing licenses and renewals, 11 for the operation of the State Board of Certified Verbatim 12 Reporters and for other general costs of the bureau relating to 13 this act. The appropriation granted shall be paid by the board 14 within three years of the beginning of issuance of licenses by 15 the board. 16 Section 17. Effective date. 17 This act shall take effect in 60 days. E4L63JS/19950H1671B1992 - 12 -