SHB 1205 -
By Committee on Judiciary
NOT CONSIDERED 05/25/2011
Strike everything after the enacting clause and insert the following:
"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 at the level of ((certification)) licensing 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.
Sec. 2 RCW 18.145.010 and 2000 c 171 s 31 are each amended to
read as follows:
(1) No person may represent himself or herself as a court reporter
without first obtaining a ((certificate)) license as required by this
chapter.
(2) A person represents himself or herself to be a court reporter
when the person adopts or uses any title or description of services
that incorporates one or more of the following terms: "Shorthand
reporter," "court reporter," "licensed shorthand reporter," "licensed
court reporter," "certified shorthand reporter," or "certified court
reporter."
Sec. 3 RCW 18.145.050 and 2010 c 49 s 1 are each amended to read
as follows:
In addition to any other authority provided by law, the director
may:
(1) Adopt rules in accordance with chapter 34.05 RCW that are
necessary to implement this chapter;
(2) Set all renewal, late renewal, duplicate, and verification fees
in accordance with RCW 43.24.086;
(3) Establish the forms and procedures necessary to administer this
chapter;
(4) Issue a ((certificate)) license to any applicant who has met
the requirements for ((certification)) licensing;
(5) Hire clerical and administrative staff as needed to implement
and administer this chapter;
(6) Maintain the official departmental record of all applicants and
((certificate)) license holders;
(7) Approve the preparation and administration of examinations for
((certification)) licensing;
(8) Establish by rule the procedures for an appeal of a failure of
an examination;
(9) Set the criteria for meeting the standard required for
((certification)) licensing;
(10) Establish continuing education requirements;
(11) Establish advisory committees whose membership shall include
representatives of professional court reporting and stenomasking
associations and representatives from accredited schools offering
degrees in court reporting or stenomasking to advise the director on
testing procedures, professional standards, disciplinary activities, or
any other matters deemed necessary;
(12) Establish ad hoc advisory committees whose membership shall
include representatives of professional court reporting and
stenomasking associations and representatives from accredited schools
offering degrees in court reporting or stenomasking to advise the
director on testing procedures, professional standards, or any other
matters deemed necessary.
Sec. 4 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)) license 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,
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))
license; or
(2) Has passed an examination approved by the director or an
examination that meets or exceeds the standards established by the
director.
Sec. 5 RCW 18.145.090 and 1995 c 27 s 9 are each amended to read
as follows:
Applications for ((certification)) licensing shall be submitted on
forms provided by the department. The department may require
information and documentation to determine whether the applicant meets
the standard for ((certification)) licensing as provided in this
chapter. Each applicant shall pay a fee determined by the director as
provided in RCW 43.24.086 which shall accompany the application.
Sec. 6 RCW 18.145.100 and 2010 c 49 s 2 are each amended to read
as follows:
The director shall establish by rule the requirements, including
continuing education requirements, and the renewal and late renewal
fees for ((certification)) licensing. Failure to renew the
((certificate)) license on or before the expiration date cancels all
privileges granted by the ((certificate)) license. If an individual
desires to reinstate a ((certificate)) license which had not been
renewed for three years or more, the individual shall satisfactorily
demonstrate continued competence in conformance with standards
determined by the director.
Sec. 7 RCW 18.145.110 and 1995 c 27 s 10 are each amended to read
as follows:
Persons with two or more years' experience in stenomask reporting
in Washington state as of January 1, 1996, shall be granted a court
reporter ((certificate)) license without examination, if application is
made before January 1, 1996.
Sec. 8 RCW 18.145.120 and 1995 c 27 s 11 are each amended to read
as follows:
(1) Upon receipt of complaints against court reporters, 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)) license 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)) license;
(b) Suspension of the ((certificate)) license 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)) license 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)) license
holder or applicant. All costs associated with compliance to orders
issued under this section are the obligation of the ((certificate))
license holder or applicant.
Sec. 9 RCW 18.145.125 and 1996 c 293 s 20 are each amended to
read as follows:
The director shall suspend the ((certificate)) license of any
person who has been certified by a lending agency and reported to the
director for nonpayment or default on a federally or state-guaranteed
educational loan or service-conditional scholarship. Prior to the
suspension, the agency must provide the person an opportunity for a
brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and
issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The
person's ((certificate)) license shall not be reissued until the person
provides the director a written release issued by the lending agency
stating that the person is making payments on the loan in accordance
with a repayment agreement approved by the lending agency. If the
person has continued to meet all other requirements for
((certification)) licensing during the suspension, reinstatement shall
be automatic upon receipt of the notice and payment of any
reinstatement fee the director may impose.
Sec. 10 RCW 18.145.127 and 1997 c 58 s 833 are each amended to
read as follows:
The director shall immediately suspend any ((certificate)) license
issued under this chapter if the holder has been certified pursuant to
RCW 74.20A.320 by the department of social and health services as a
person who is not in compliance with a support order or a residential
or visitation order. If the person has continued to meet all other
requirements for ((certification)) licensing during the suspension,
reissuance of the ((certificate)) license shall be automatic upon the
director's receipt of a release issued by the department of social and
health services stating that the person is in compliance with the
order.
Sec. 11 RCW 18.145.130 and 1995 c 27 s 12 are each amended to
read as follows:
The following conduct, acts, or conditions constitute
unprofessional conduct for any ((certificate)) license holder or
applicant under the jurisdiction of this chapter:
(1) The commission of any act involving moral turpitude,
dishonesty, or corruption relating to the practice of court reporting,
whether or not the act constitutes a crime. If the act constitutes a
crime, conviction in a criminal proceeding is not a condition precedent
to disciplinary action;
(2) Misrepresentation or concealment of a material fact in
obtaining or in seeking reinstatement of a ((certificate)) license;
(3) Advertising in a false, fraudulent, or misleading manner;
(4) Incompetence or negligence;
(5) Suspension, revocation, or restriction of the individual's
((certificate,)) registration((,)) or license to practice court
reporting by a regulatory authority in any state, federal, or foreign
jurisdiction;
(6) Violation of any state or federal statute or administrative
rule regulating the profession;
(7) Failure to cooperate in an inquiry, investigation, or
disciplinary action by:
(a) Not furnishing papers or documents;
(b) Not furnishing in writing a full and complete explanation of
the matter contained in the complaint filed with the director;
(c) Not responding to subpoenas issued by the director, regardless
of whether the recipient of the subpoena is the accused in the
proceeding;
(8) Failure to comply with an order issued by the director or an
assurance of discontinuance entered into with the director;
(9) Misrepresentation or fraud in any aspect of the conduct of the
business or profession;
(10) Conviction of any gross misdemeanor or felony relating to the
practice of the profession. For the purpose of this subsection,
conviction includes all instances in which a plea of guilty or nolo
contendere is the basis for conviction and all proceedings in which the
sentence has been deferred or suspended. Nothing in this section
abrogates rights guaranteed under chapter 9.96A RCW."
SHB 1205 -
By Committee on Judiciary
NOT CONSIDERED 05/25/2011
On page 1, line 1 of the title, after "reporters;" strike the remainder of the title and insert "amending RCW 18.145.005, 18.145.010, 18.145.050, 18.145.090, 18.145.100, 18.145.110, 18.145.120, 18.145.125, 18.145.127, and 18.145.130; and reenacting and amending RCW 18.145.080."
EFFECT: Removes court reporting firms from the bill. Removes the requirement that court reporting firms be licensed.