HOUSE DOCKET, NO. 158        FILED ON: 1/7/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1573

The Commonwealth of Massachusetts

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PRESENTED BY:

Angelo J. Puppolo, Jr.

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to contracts between court reporters and an attorney or party having a financial interest in an action.

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PETITION OF:

HOUSE DOCKET, NO. 158        FILED ON: 1/7/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1573

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act relative to contracts between court reporters and an attorney or party having a financial interest in an action.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 91D of Chapter 221 of the General Laws, as inserted by Chapter 146 of the Acts of 2002, is hereby amended, in subsection (b), by inserting at the end of the first paragraph the following:-

It is further prohibited for a court reporter or any person with whom a court reporter has a principal and agency relationship to enter into an agreement for court reporting services that restricts the noticing attorney from using the court reporter or entity providing court reporting services of the attorney’s choosing.

SECTION 2. Said section 91D, as so appearing, is hereby further amended by adding at the end thereof the following new subsection (c):-

(c) Any court reporter, business, entity, or firm that provides or arranges for court reporting services who willfully violate the provisions of this section shall be subject to a fine or sanction.  The fine for a first offense shall be no less than $5,000.  The fine for each subsequent violation shall be increased by an additional $2,500 per violation.  Such fine or sanction shall be administered by the Office of Consumer Affairs and Business Regulation, which shall also have jurisdiction over any businesses, entitles or firms that provide or arrange for court reporting services that violate these prohibitions even if such businesses, entities, or firms are not subject to registration or other regulatory oversight in the state.