BILL REQ. #:  S-0258.1 

Read first time 01/28/13.   Referred to Committee on Law & Justice.

     AN ACT Relating to court reporting, communication access real-time translation, and real-time captioning services; amending RCW 18.145.005, 18.145.040, and 18.145.120; reenacting and amending RCW 18.145.030 and 18.145.080; and adding new sections to chapter 18.145 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 18.145.005 and 1995 c 27 s 1 are each amended to read as follows:
     The legislature finds it necessary to regulate the practice of court reporting and communication access real-time translation and real-time captioning services at the level of certification to protect the public safety and well-being. The legislature intends that only individuals who meet and maintain minimum standards of competence may represent themselves as court reporters.

NEW SECTION.  Sec. 2   The "practice of communication access real-time translation" or "real-time captioning" means the immediate, verbatim translation of the spoken word into English text using a stenographic machine or voice recognition software, and a computer and real-time captioning software.

Sec. 3   RCW 18.145.030 and 1995 c 269 s 501 and 1995 c 27 s 4 are each reenacted and amended to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
     (1) "Department" means the department of licensing.
     (2) "Director" means the director of licensing.
     (3) "Communication access real-time translation provider," "court reporter," or "real-time captioner" means an individual certified under this chapter.

Sec. 4   RCW 18.145.040 and 1995 c 27 s 5 are each amended to read as follows:
     Nothing in this chapter prohibits or restricts:
     (1) The practice of communication access real-time translation, court reporting, or real-time captioners by individuals who are licensed, certified, or registered as communication access real-time translation providing, court reporters, or real-time captioners under other laws of this state and who are performing services within their authorized scope of practice;
     (2) The practice of communication access real-time translation, court reporting, or real-time captioning by an individual employed by the government of the United States while the individual is performing duties prescribed by the laws and regulations of the United States; or
     (3) The introduction of alternate technology in communication access real-time translation providing, court reporting, or real-time captioning practice.

Sec. 5   RCW 18.145.080 and 1995 c 269 s 504 and 1995 c 27 s 8 are each reenacted and amended to read as follows:
     The department shall issue a certificate to any applicant who meets the standards established under this chapter and who:
     (1) Is holding one of the following:
     (a) Certificate of proficiency, registered professional reporter, certified communication access real-time translation provider, certified real-time captioning reporter, registered merit reporter, or registered diplomate reporter from (([the])) the national court reporters association;
     (b) Certificate of proficiency or certificate of merit from (([the])) the national stenomask verbatim reporters association; or
     (c) A current Washington state court reporter certification, in conjunction with the successful completion of the certified communication access real-time translation provider written examination from the national court reporters association; or
     (2) Has passed an examination approved by the director or an examination that meets or exceeds the standards established by the director.

Sec. 6   RCW 18.145.120 and 1995 c 27 s 11 are each amended to read as follows:
     (1) Upon receipt of complaints against communication access real-time translation providers, court reporters, or real-time captioners, the director shall investigate and evaluate the complaint to determine if disciplinary action is appropriate. The director shall hold disciplinary hearings pursuant to chapter 34.05 RCW.
     (2) After a hearing conducted under chapter 34.05 RCW and upon a finding that a certificate holder or applicant has committed unprofessional conduct or is unable to practice with reasonable skill and safety due to a physical or mental condition, the director may issue an order providing for one or any combination of the following:
     (a) Revocation of the certification;
     (b) Suspension of the certificate for a fixed or indefinite term;
     (c) Restriction or limitation of the practice;
     (d) Requiring the satisfactory completion of a specific program or remedial education;
     (e) The monitoring of the practice by a supervisor approved by the director;
     (f) Censure or reprimand;
     (g) Compliance with conditions of probation for a designated period of time;
     (h) Denial of the certification request;
     (i) Corrective action;
     (j) Refund of fees billed to or collected from the consumer.
     Any of the actions under this section may be totally or partly stayed by the director. In determining what action is appropriate, the director shall consider sanctions necessary to protect the public, after which the director may consider and include in the order requirements designed to rehabilitate the certificate holder or applicant. All costs associated with compliance to orders issued under this section are the obligation of the certificate holder or applicant.

NEW SECTION.  Sec. 7   (1)(a) Contracts entered into pursuant to the practice of court reporting, not related to a particular case or reporting incident, between a person before whom a deposition is taken or a court reporter or court reporting firm, consortium, or other organization providing a court reporter, and any party or any person arranging or paying for court reporting services in the case, including any attorney, law firm, person, or entity with a financial interest in the outcome of the litigation, or person or entity paying for court reporting services in the case is prohibited. Court reporters and court reporting firms must not:
     (i) Provide or arrange for the provision of services if the court reporter or firm is financially interested in the litigation; or
     (ii) Enter into or arrange a financial relationship that:
     (A) Provides special financial terms or other services that are not offered at the same time and on the same terms to all other parties in the litigation;
     (B) Give any economic or other advantage to any party, or their attorney, representative, agent, or insurer; or
     (C) Expressly or impliedly requires the certificate holder reporting any proceeding or case to perform court reporting services in any other proceeding or case at a specific rate of compensation or compels, guarantees, regulates, or controls; or
     (D) Creates or may create the appearance that the impartiality of the court reporter to be compromised;
     (iii) Enter into any contract or other agreement to provide services that restricts the ability of an attorney or party to repudiate the contract or agreement;
     (iv) Allow an entity, other than the court reporter or court reporting firm, consortium, or other organization providing a court reporter, to establish the rates charged by the court reporter or court reporting firm;
     (v) Provide or arrange for the provision of a no cost copy of a transcript of a deposition to any attorney, party, or witness if provision of the no cost is not offered to all parties to a proceeding; or
     (vi) Manipulate the transcript to increase the overall cost; or
     (vii) Provide advocacy support services to one party that is not offered to all parties to a proceeding; or
     (viii) Except as otherwise provided in (a)(ii)(B) of this subsection, enter into a contract or other agreement with a person or entity to provide ongoing services as a court reporter, court reporting firm, consortium, or other organization providing a court reporter or ongoing services that relate to the practice of court reporting if:
     (A) The ongoing services relate to litigation that has not been commenced;
     (B) The impartiality of the court reporter, court reporting firm, consortium, or other organization providing a court reporter firm may be reasonably questioned;
     (C) The court reporter, court reporting firm, consortium, or other organization providing a court reporter is required to relinquish control of an original transcript of a deposition and copies of that transcript before the transcript is certified and delivered in accordance with WAC 308-14-135; or
     (D) The provisions of the contract or agreement confer or appear to confer an unfair advantage upon a party.
     (b) The provisions of (a)(vi) of this subsection do not apply to:
     (i) The provision of services to a governmental body or providing court reporting service for the courts;
     (ii) A court reporter, court reporting firm, consortium, or other organization providing a court reporter who agrees to provide services for a matter that is not related to litigation; or
     (iii) A court reporter, court reporting firm, consortium, or other organization providing a court reporter that is bidding reasonable court reporting fees, equal to all parties, on a case-by-case basis with full disclosure to all parties of said negotiations.
     (2) A court reporter or court reporting firm, consortium, or other organization providing a court reporter must not take a deposition if the court reporter or court reporting firm, consortium, or other organization:
     (a) Is a party to the action;
     (b) Is a relative, employee, or attorney of one of the parties;
     (c) Has a financial interest in the action or its outcome; or
     (d) Is a relative, employee, or attorney of someone with a financial interest in the action or the outcome.
     (3) For the purposes of this section, an "employee" includes a person who has a continuing contractual relationship, express or implied, with a person or entity interested in the outcome of the litigation, including anyone who may have ultimate responsibility for payment to provide reporting or other court services, and a person who is employed part time or full time under contract or otherwise by a person who has a contractual relationship with a party to provide reporting or other court service. "Employee" does not include an employee or relative of the attorney or one of the parties.
     (4) A judicial officer may declare a deposition void if a certified reporter with an association to a matter, as described in this section, takes a deposition.
     (5) The provisions of this section may not be waived by disclosure, agreement, stipulation, or otherwise.

NEW SECTION.  Sec. 8   Sections 2 and 7 of this act are each added to chapter 18.145 RCW.