Bill Text: GA HB149 | 2011-2012 | Regular Session | Comm Sub
Bill Title: Magistrates; termination under certain circumstances; provide
Spectrum: Partisan Bill (Republican 6-0)
Status: (Engrossed - Dead) 2012-03-22 - Senate Committee Favorably Reported [HB149 Detail]
Download: Georgia-2011-HB149-Comm_Sub.html
12 LC 29
5287S
The
Senate Judiciary Committee offered the following substitute to HB
149:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 14 of Title 15 of the Official Code of Georgia
Annotated, relating to training and certification for court reporters, so as to
change provisions relating to prohibitions against certain contracts for court
reporting services; to provide for related matters; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 14 of Title 15 of the Official Code of Georgia Annotated, relating
to training and certification for court reporters, is amended by revising Code
Section 15-14-37, relating to prohibitions against certain contracts for court
reporting services, as follows:
"15-14-37.
(a)
Contracts for court reporting services not related to a particular case or
reporting incident between a certified court reporter or
any person
with whom a certified court reporter has a principal and agency
relationship
court
reporting firm and any attorney at law,
party to an action, party having a financial interest in an action, or agent for
an attorney at law, party to an action, or party having a financial interest in
an action
are
shall
be
prohibited;
provided, however, that such contracts shall not be prohibited if the terms of
such contract are offered to all other parties to the particular case or
reporting incident and a certified court reporter performs the verbatim
reporting services required for such court reporting
services. Attorneys shall not be
prohibited from negotiating or bidding reasonable fees for services on a
case-by-case basis.
(b)
In order to comply with subsection (a) of this Code section, each certified
court reporter
and court
reporting firm shall make inquiry
regarding the nature of the contract for
his or
her services directed to the employer or
the person or entity engaging said court reporter's
or court
reporting firm's services as an
independent contractor.
(c)
This Code section shall not apply to contracts for court reporting services for
the courts, agencies, or instrumentalities of the United States or of the State
of Georgia.
(d)
A court reporting firm doing business in Georgia shall register with the board
by completing an application in the form adopted by the board and paying fees as
required by the board.
(e)
Each court reporting firm doing business in Georgia shall renew its registration
annually on or before April 1 following the date of initial registration, by
payment of a fee set by the board.
(f)
Court
reporting firms doing business in Georgia are governed by this
article. The board shall have authority to
promulgate rules and regulations not inconsistent with this article
for the
conduct of court reporting
firms.
(g)
The board
is
shall
be authorized to assess a reasonable fine,
not to exceed
$5,000.00,
against any court reporting firm which
violates
for violations
of any provision of this article or rules
and regulations promulgated in accordance with this Code
section."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.