Nationwide Legislation

NCRA’s Government Relations Department actively monitors legislation around the country that will affect the court reporting, captioning, scoping, and legal videography professions. Below is a list of legislation being debated nationwide that NCRA was monitoring in 2021 and 2022.

Please stay tuned for updates in winter of 2023 when the new 118th Congress will take office and when newly elected state legislatures will begin their legislative sessions.

For policies that have been permanently enacted, please visit NCRA’s State of the Nation Activities Report (SONAR).

 

State Legislation

This list is current as of June 22, 2021

Arkansas HB 1605

Issue(s): Transcripts

Synopsis

If enacted, this bill would amend the Arkansas code to state that "When required to make a transcript of court proceedings, each court reporter of the circuit courts shall be entitled to compensation at the rate of four dollars and ten cents ($4.10) per page for the original and two (2) copies and at the rate of fifty cents (50¢) per page for each additional 25 copies." The original bill also included an amendment, which as initially presented, sought to amend Arkansas Code 16-13-506(a) adding paragraph (3), which stated “The circuit court judge in which the court proceeding occurred is exempt from this section.”

Position

ACRA originally opposed this bill due to the amendment mentioned above, which exempted circuit judges from paying for transcripts that they requested, including those written by substitute reporters. ACRA’s lobbying efforts resulted in the bill’s sponsor withdrawing the original proposed bill from a vote by the Arkansas Senate Judiciary Committee so that it could propose additional amendments and bring it back to the Committee for a future vote. ACRA maintained a neutral stance on the bill after it was amended, adding the language in paragraph (4)(A) and (B).

Status

Enacted into law.

 

Arkansas HB 1606

Issue(s): Transcripts

Synopsis

If enacted, this bill would add a provision permitting that "the court reporter may require that payment for the remainder of the final cost of the transcript be submitted before delivery of the transcript.”

Position

ACRA remained neutral on this bill.

Status

Enacted into law.

 

Arizona SB 1267

Issue(s): Electronic Recording

Synopsis

If enacted, the initial bill would have allowed  "... any courts of law, may for any purpose use tape recorders or other electronic recording devices in lieu of court reporters or stenographers” in instances where “the Court finds a trial is required to start within five days in order to comply with a victim’s or defendant’s right to a speedy trial.” Additionally, the bill notes that this provision does not apply if the matter to be recorded arises out of court proceedings and either party requests that a court reporter or stenographer be used. However, the legislation was amended to give smaller outlying counties in Arizona the authority to proceed without a court reporter if one is not available or if no one has requested one.

Position

Arizona Court Reporters Association and NCRA opposed the bill until all amendments requested by ACRA were implemented.

Status

Enacted into law.

 

California SB 241

Issue(s): Firm Registration

Synopsis

If enacted, this bill “would authorize an entity that is not a shorthand reporting corporation to engage in those specified acts if the entity is approved for registration by the [Court Reporting Board of California] after meeting specified requirements, including paying an annual registration fee to the board in an amount not to exceed $500 and designating a board-certified reporter-in-charge, as specified … [and] would make a registration valid for one year and would also provide for the suspension and revocation of a registration by the board under specified circumstances.” The bill also includes a provision regarding remote witness testimony in which there are differences of opinion concerning the interpretation of this specific provision.

Position

NCRA maintains a neutral stance on this bill.

 

Illinois SB 1538

Issue(s): Certification

Synopsis

If enacted, this bill would amend the Illinois Certified Shorthand Reporters Act of 1984 to “[provide] that the practice of shorthand reporting includes the making of a verbatim record by the use of closed microphone voice dictation silencer and pen shorthand writing ... and [would] change provisions concerning qualifications and applications.”

Position

The Illinois Court Reporters Association did not state a stance to NCRA on this piece of legislation.

 

Michigan HB 4552

Issue(s): Transcript Rates

Synopsis

If enacted, this bill amends current law to state that "court reporters ... are entitled to demand and receive per page for a transcript ordered by the circuit court and paid for by the county $1.75 per original page and 30 cents per page for each copy." The bill also adds language that the "subsection [mentioned] does not apply to the rate a court reporter who is not an employee of the court or the county may demand and receive for a transcript ordered by a person other than a governmental entity. Except as provided in this section, this state or a county shall not otherwise set a rate that a court reporter ... who is not an employee of the court or the county may demand and receive for a transcript."

Position

The Michigan Association of Professional Court Reporters did not state a stance on this piece of legislation. However, they noted that they are currently working on additional page-rate legislation and will report back to NCRA on the status of any new bills.

 

Missouri SB 237

Issue(s): Salary Increases

Synopsis

If enacted, this bill would adjust the annual salary of a court reporter upon meeting the minimum number of cumulative years of service with a circuit court of the state, beginning January 1, 2022.

Position

MCRA and NCRA supported this bill.

Status

 

New Hampshire SB 58

Issue(s): Miscellaneous

Synopsis

If enacted, this bill would make changes to the New Hampshire Board of Court Reporters by adding a provision that the "majority of the members of the board appointed by the governor and council shall constitute a quorum“ and removing a provision that “members of the board shall receive $25 for each day actually engaged in the duties of their office and shall be reimbursed for all actual travel, incidental, and clerical expenses necessarily incurred in carrying out the provisions of this subdivision.”

Position

The New Hampshire Court Reporters Association did not state a stance to NCRA on this piece of legislation.

 

New York A 6738/New York S 6816

Issue(s): Remote Oaths of Affirmation

Synopsis

If enacted, this bill would authorize oaths to be remotely administered by notaries public to witnesses in legal proceedings, provided that the parties stipulate to such remote administration or the witness can present a photographic identification. These bills were proposed thanks to NYSCRA Board Members reaching out to their lawmakers.

Position

NYSCRA and NCRA support this bill.

 

Oklahoma HB 1152

Synopsis

If enacted, this bill would alter eligibility requirements for applicants applying to take the Oklahoma certified shorthand reporter exam and would remove a provision that interested applicants must “possess a minimum level of court reporting proficiency.” However, according to the bill, individuals must still pass the written knowledge and skills test to become certified by the Oklahoma Supreme Court.

Position

The Oklahoma Court Reporters Association did not state a stance to NCRA on this piece of legislation.

Status

Enacted into law.

 

Oklahoma HB 2689

Issue(s): Salary/Stipend

Synopsis

If enacted, this bill would add the provision that “on October 1, 2021, each court reporter shall receive a one-time stipend of One Thousand Two Hundred and Fifty Dollars ($1,250.00).

Position

NCRA and OCRA supported this bill.

Status

Enacted into law, awaiting signature by the OK Governor.

 

Texas HB 228

Issue(s): Electronic Recording

Synopsis

If enacted, this bill would allow for the commissioners of court, either by order or agreement, to exempt the requirement of appointing an official reporter by authorizing the use of an electronic recording device to report proceedings. Additionally, if an electronic recording device is used to report a court proceeding, this bill states that a court reporter is not required to be present during the proceeding to certify the record of the proceeding.

Position

NCRA, TCRA, and TEXDRA opposes this bill.

Status

The bill has been left pending in committee.

 

Texas HB 1685

Issue(s): Electronic Recording

Synopsis

If enacted, this bill would allow “… the clerk of the municipal courts of record [in the City of San Antonio to] authorize the use of a good quality electronic recording device to report court proceedings. If the clerk authorizes an electronic recording, the court reporter is not required to be present to certify the reporter's record. If a case is appealed, the proceedings shall be transcribed from the recording by an official court reporter.”

Position

TCRA remained neutral on this bill. TEXDRA opposed this bill.

 

Texas HB 1737

Issue(s): Deposition Transcripts

Synopsis

The intention of HB 1737, as submitted by TEXDRA, was to protect the integrity of the original deposition transcript by delivering for signature a digital transcript secured from tampering or alteration thus protecting the witness’ right to read and sign their testimony and guaranteeing the parties’ rights to obtain, upon payment to the court reporter, a certified copy while enabling the reporter to deliver to the custodial attorney an original transcript upon which the parties and the Court may rely on the accuracy as certified by the court reporter. Additionally, TEXDRA wished to set in statute the financial responsibility for the court reporter’s charges for the original deposition transcript.

Position

TEXDRA proposed bill with no opposition from TCRA.

 

Texas HB 2579

Issue(s) Remote Oaths of Affirmation

Synopsis

This bill includes provisions regarding transcript filings for reporters and reporting firms as well as provisions allowing certified shorthand reporters to administer oaths remotely. If enacted, the bill would allow "a person certified as a shorthand reporter by the supreme court [to] administer an oath ... to a person who is or may be a witness in a case filed in this state without being located with a party or the witness."

Position

TCRA and TEXDRA jointly proposed this bill.

 

Utah SB 32

Issue(s): Captioning

Synopsis

This bill provides provisions for when captioners (remote-service contractors in this instance) are not considered employees of a marketplace company in Utah. Essentially, it is the reverse of CA AB 5 (which reclassified independent contractors as employees) in that it states when a captioner/remote-service contractor is not an employee.

Position

UCRA and NCRA support this bill.

Utah SB 84

Issue(s): Transcript Rates

Synopsis

If enacted, this bill would have reduced the transcript page rate for indigent defense cases from $4.50 to $2.00. However, prior to passage the bill substituted the language above with new language stating that a reporter could charge “up to” $4.50 per page for indigent defense cases.

Position

UCRA and NCRA opposed this bill prior to the language being substituted.

Status

The amended bill was enacted into law.

 

Virginia HB 1463/Virginia HB 1472 and Virginia SB 334

Issue(s): Certification

Synopsis

These bills were companion bills. If enacted, they would have created the Virginia Board for Court Reporters as an independent board to regulate court reporting services and to establish qualifications of applicants for licensure or registration of court reporters in the state. Additionally, if enacted, these bills would have made the Commonwealth of Virginia the first licensure entity in the U.S. to incorporate an apprenticeship program for new court reporters.

Position

VCRA and NCRA supported this legislation.

Status

All failed.

 


Other issues

Lastly, there were over 35 bills throughout state legislatures that NCRA Government Relations tracked that either involved remote or electronic notarization, remote oaths of affirmation, or remote swearing-in of witnesses. To view permanently enacted information on remote notarization, remote oaths of affirmation, or remote swearing-in of witnesses, please visit NCRA’s State of the Nations Activities Report (SONAR) or contact the Government Relations Department at ncragr@ncra.org.