By Jocelynn A. Moore, Esq.
NCRA Government Relations is hard at work tracking and tackling the state legislation that impacts our members and affiliated state associations the most. Our goal is to keep you, our members, informed about the legislation that affects you and to help your affiliated state associations as any legislative needs arise. Below are the states that NCRA has worked with in the last several months regarding legislative or judicial concerns.
Tennessee
In October 2023, NCRA Government Relations was informed that the Tennessee Department of Commerce and Insurance announced: “After extensive review and conversations with other stakeholders, the Department has determined that the board [of court reporting] does not demonstrate a clear need to be continued and that adequate consumer protections exist outside the board’s regulatory scope. As such, the Department will be requesting that the board [of court reporting] be allowed to sunset ….” In sum, the Tennessee Department of Commerce and Insurance announced that it intended to recommend sunset (or dissolution) of the Tennessee Board of Court Reporting, which would result in the termination of licensure for all court reporters in the state of Tennessee.
The Department made this recommendation at a hearing before the Tennessee General Assembly’s Commerce, Labor, Transportation, and Agriculture Subcommittee of the Joint Government Operations Committee in October 2023. However, the Subcommittee indicated that the Tennessee Department of Commerce and Insurance was first required to hold a public comment period and public hearing to review comments prior to making an official recommendation of sunset to the Tennessee General Assembly.
In late November 2023 following the hearing, the Tennessee Department of Commerce and Insurance announced it would be following the Joint Subcommittee’s directive by opening the public comment period and hosting a public hearing. The public comment period was open until the close of business on January 19, 2024, and the hearing was held on January 11, 2024, to determine whether the Department should again make an official recommendation of sunset to the Joint Subcommittee.
Within the first 48 hours of the original announcement of sunset in October and the second announcement of the open public comment period in November, NCRA Government Relations launched two grassroots advocacy campaigns for Tennessee across the United States. NCRA Government Relations:
- Created Two VoterVoice Campaigns in our NCRA Action Advocacy Center about the potential termination of licensure and sunset of the Tennessee Board of Court Reporting.
- Drafted an official opposition letter from NCRA President Kristin M. Anderson, M.A., RPR, FCRR, on behalf of NCRA that was sent to all elected members sitting on the Joint Subcommittee.
- Drafted a sample opposition letter for court reporters and captioners in Tennessee to mail or email to elected members sitting on the Joint Subcommittee.
- Drafted an official opposition comment from NCRA President Kristin M. Anderson, M.A., RPR, FCRR, on behalf of NCRA that was officially submitted to the Tennessee Department of Commerce and Insurance.
- Drafted a sample opposition comment for court reporters and captioners to use when submitting public comments to the Tennessee Department of Commerce and Insurance and urged NCRA members and nonmembers to submit official comments.
- Provided the email addresses and phone numbers for all elected members sitting on the Joint Subcommittee and urged NCRA members and nonmembers to contact them about their opposition.
- Drafted a list of bullet points with specific information about the recommendation for sunset for court reporters and captioners to include when submitting official public comments or making phone calls.
- Urged NCRA members and nonmembers to send their comments to the Joint Tennessee General Assembly’s Commerce, Labor, Transportation, and Agriculture Subcommittee of the Joint Government Operations Committee.
- Notified every contact in NCRA’s complete database of the potential termination of licensure and sunset through a total of 8 action alert emails that were sent to 435 individuals in Tennessee and over 28,000 individuals throughout the country.
- Enlisted the crucial help of the NCRA National Congress of State Associations (NCSA) and NCRA State Leaders to engage in our grassroots campaign.
- Repeatedly notified individuals through all NCRA social media platforms.
Outcome: On January 11, 2024, the Tennessee Department of Commerce and Insurance held a public hearing, so that court reporters, attorneys, and judges in the state could voice their opposition to the recommendation for sunset. The Tennessee Court Reporters Association and judge representatives from the Tennessee Trial Lawyers Association spoke out in opposition to the proposed sunset recommendation and argued to keep the status quo. Now the Tennessee Department of Commerce and Insurance will review all comments and will make a new recommendation about whether to sunset the Tennessee Board of Court Reporting in October 2024. It is our hope that the Tennessee Department of Commerce and Insurance will reconsider their previous decision and will not recommend sunset to the Tennessee General Assembly. NCRA Government Relations will continue to keep you updated once a new recommendation is made. We would also like to thank the Tennessee Court Reporters Association and everyone who submitted opposition comments, letters, or made phone calls for their hard work.
New Hampshire
NCRA Government Relations has been working closely with the New Hampshire Court Reporters Association to address and monitor House Bill 1412-FN that, like Tennessee, attempts to terminate licensure in the state and dissolve the New Hampshire Board of Court Reporting. NCRA Government Relations worked with the New Hampshire Court Reporters Association to submit an official letter on behalf of NCRA to the New Hampshire House Judiciary Committee. The New Hampshire Court Reporters Association made the decision to conduct their own grassroots efforts with their lobbyist and legislative watchdogs, and NCRA Government Relations stands at the ready in the instance that they may need any assistance with their grassroots efforts. The bill was heard in the House Judiciary Committee in early January 2024 and is now headed directly for an executive session where it will be voted on in committee for Inexpedient to Legislate (ITL) or Ought to Pass (OTP). The New Hampshire Court Reporters Association will keep NCRA Government Relations updated as the bill moves forward and as they continue to conduct grassroots lobbying efforts.
California
In February 2023, California State Senator Susan Rubio introduced California Senate Bill 662, which would “Permit a court to electronically record any civil case if approved electronic recording equipment is available.” The bill required a court to provide a certified shorthand reporter with the right of first refusal to transcribe an electronically reported proceeding. The bill also required that the court make every effort to hire a court reporter before electing to electronically record the action or proceedings pursuant to these provisions. This bill also attempted to expand the use of electronic recordings (ER) in any civil court proceeding, including domestic violence, family law, probate, and mental health hearings.
In the spring of 2023, NCRA Government Relations worked with the California Court Reporters Association (CCRA) and the Deposition Reporters Association of California (CalDRA) to track the bill and to take the next step in fighting electronic recording. In May 2023, the California Senate Appropriations Committee stayed the bill and delayed it from being heard until January 2024. Even though the bill was stayed, NCRA Government Relations worked with CCRA and CALDRA to create a VoterVoice grassroots campaign that was proofed, approved, and ready to launch in January 2024 in the instance that the bill passed out of the California Senate Appropriations Committee onto the Senate Floor for a vote. NCRA state leaders and NCSA were also informed of this effort. Fortunately, on January 18, 2024, CA SB 662 was scheduled to be heard by the California Senate Appropriations Committee but did not pass out of the Committee. As a result, the bill is dead and no further action is required legislatively. This is excellent news, as electronic recording in civil proceedings will not be implemented and California Courts will not spend millions of dollars to implement new electronic recording software and technology.
Florida
In November and December of 2023, NCRA Government Relations worked diligently with the Florida Court Reporters Association (FCRA) and their lobbyist to oppose proposed amendments to Florida Rule of General Practice and Judicial Administration 2.535. Specifically, NCRA Government Relations submitted a letter that was to be sent to the Florida Supreme Court by the Florida Court Reporters Association.
It was NCRA’s stance that the proposed amendments to Florida Rule of General Practice and Judicial Administration 2.535 — which sought to make drastic changes in the transcript format — would make transcripts more difficult to read and comprehend, would negatively impact the livelihood of the court reporting profession in Florida, and would increase already existing delays in court proceedings by negatively affecting the ability for the judiciary and litigants to get court reporter coverage. Furthermore, it was NCRA’s contention that enforcing new transcript formats that were incompatible with court reporting software would make proofreading more difficult and would put an enormous strain on the ability of court reporters to do their jobs. We also opposed the adoption of one-inch margins and the prohibition of carry-over indentations as it would result in court reporters earning less for producing the same transcripts.
NCRA Government Relations opposed the proposed amendments as their implementation would have had negative consequences on the livelihood of reporters in the state of Florida. We continue to support FCRA in their efforts to oppose the proposed amendments and are ready to assist them with any grassroots advocacy efforts that they may need.
Washington State
NCRA Government Relations was informed of the exciting advocacy efforts happening in Washington State where former NCRA STRONG Committee Chair Phyllis Craver-Lykken, FAPR, RPR, and NCRA STRONG Committee Member Elizabeth A. Harvey, FAPR, RPR, helped to introduce and testify on behalf of Washington Senate Bill 6073. Specifically, the bill relates to the use of artificial intelligence language learning models in official court filings. If enacted, the bill will add a new section that will require that:
“(1) Any party, including an attorney for a party or a pro se party, using any generative artificial intelligence language learning model tool to conduct legal research or to draft documents for filing with a Washington court must:
(a) Disclose in the filing that artificial intelligence was used, with the disclosure including the specific artificial intelligence tool and the manner in which it was used; and
(b) Certify that each and every citation to the law or the record in the document has been verified as accurate.”
NCRA Government Relations wants to congratulate Craver-Lykken and Harvey, the Washington Court Reporters Association, and all Washington court reporters for their amazing efforts in getting this bill introduced. NCRA Government Relations stands at the ready if Washington State needs our assistance in getting this bill across the finish line.
FiscalNote and Artificial Intelligence
Aside from planning for NCRA’s 2024 Leadership & Legislative Boot Camp, NCRA Government Relations is hard at work trying to sift through, analyze, and monitor hundreds of state bills that have been proposed during the 2024 legislative session. So far, many of the bills we have seen concern artificial intelligence. Once we have completed the project of sifting through bills, NCRA Government Relations will be sending our artificial intelligence legislation to the NCRA STRONG Committee to review and analyze, and we will also be forwarding those bills, along with any other relevant legislation, to NCRA state leaders and the NCRA National Congress of State Associations (NCSA). It is the primary goal of NCRA Government Relations to monitor, track, and analyze any bills that may impact the court reporting, captioning, legal videography, and scopist professions.
If you or your state association have any legislative concerns or need NCRA’s assistance with grassroots advocacy efforts as they pertain to specific legislation in your state, please contact NCRA Director of Government Relations Jocelynn A. Moore, Esq., at jmoore@ncra.org.
