AN ACT Relating to licensing; adding a new chapter to Title 18 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. This chapter is designed to establish and maintain a standard of competence for those engaged in the practice of shorthand reporting, for the protection of the public, in general, and for the protection of all litigants whose rights to personal freedom and property are affected by the competency of shorthand reporters, in particular.

For the purposes of this chapter, board means the certified shorthand reporters board.

NEW SECTION. Sec. 2. No person shall engage in the practice of shorthand reporting in Washington as defined in this chapter, unless such person is the holder of a certificate in full force and effect issued by the board.

NEW SECTION. Sec. 3. The practice of shorthand reporting is defined as the making by means of written symbols or abbreviations in shorthand or machine writing of a verbatim record of any oral court proceeding, deposition, or proceedings before any grand jury, referee, court commissioner, or special master.

NEW SECTION. Sec. 4. Any person holding a valid certificate as a shorthand reporter as provided in this chapter shall be styled and known as a "certified shorthand reporter." No other person, firm, or corporation shall assume or use the title "certified shorthand reporter" or the abbreviation "CSR" or in any manner whatever represent that the person, firm, or corporation is certified under this chapter. The designation and license number shall appear on all transcripts.

NEW SECTION. Sec. 5. A violation of any provision of this chapter is a misdemeanor.

NEW SECTION. Sec. 6. (1) There is hereby created a certified shorthand reporters board of the state of Washington, which shall consist of six members. The chairman shall be a judge of the superior court of the state of Washington, such appointment to be made by the president judge of the superior court judges association. The chairman shall then appoint the remaining five members of the board. Three members of the board shall be court reporters who have been nominated by the Washington shorthand reporters association who must have had at least five years' continuous experience immediately prior to their nomination. The two other members of the board shall be members of and nominated by the Washington state bar association. At least two nominees for each position shall be nominated by the nominating body.

(2) The members of the board shall hold office for terms of three years each. No member can hold more than two consecutive terms. The initial term of office upon the enactment of this chapter shall be as follows: Chairman, three years; Washington state bar association board members, two and three years, respectively; reporter members, one, two, and three years, respectively.

(3) Members of the board shall serve without compensation but shall be reimbursed their actual travel expenses under RCW 43.03.050 and 43.03.060 and other necessary expenses incurred in attending meetings of the board or for performing duties prescribed by this chapter and approved by the board.

(4) (a) The board shall organize by the election of one of its members as secretary and one of its members as treasurer. Officers of the board shall be elected for terms of one year at the annual meeting of the board. The secretary shall preside in the absence of the chairman; the treasurer shall preside in the absence of the chairman and the secretary.

(b) The board shall meet at least annually to conduct its business and perform its duties, and shall meet at such other times as designated by the chairman or by request of two or more members of the board.

(d) The secretary of the board shall keep a complete record of all of its proceedings.

(e) The treasurer of the board shall keep a complete record of all funds collected and expended.

NEW SECTION. Sec. 7. (1) The certified shorthand reporters board is charged with the executive functions necessary for effectuating the purposes of this chapter. It may appoint such committees as it deems necessary or proper. The board may appoint and fix the salary of whatever staff is necessary to function in accordance with this chapter.

(2) The board shall:

(a) Adopt a seal;

(b) Determine the qualifications of persons applying for certificates under this chapter;

(d) Grant certificates to such applicants as may be qualified in professional shorthand reporting as the board may deem advisable;

(e) Charge and collect from all applicants for certificates the fees set by the board;

(f) Require the renewal of all such certificates and collect therefor the renewal fee prescribed by the board;

(g) Establish a code of conduct and/or grounds for disciplinary action and appropriate sanctions, to be set forth in the Washington Administrative Code;

(h) Investigate complaints regarding court reporters;

(i) Discipline certified shorthand reporters in violation of the rules of the board. Disciplinary action shall be by affirmative vote of at least four members of the board, to suspend or revoke a certificate or impose a monetary fine not to exceed one thousand dollars for any cause specified.

(3) Proceedings under this chapter shall be conducted in accordance with the state's administrative procedure act, chapter 34.04 RCW, and the board shall have all the powers granted therein and in the applicable Washington Administrative Code.

NEW SECTION. Sec. 8. (1)(a) Upon application to the board by shorthand reporters with two years' experience in general reporting in Washington state as of the effective date of this section, applicants shall be granted a certificate designating such applicants as certified shorthand reporters without further examination, provided such application is made within one year of the effective date of this section. Shorthand reporters with less than two years' experience in general reporting in Washington state as of the effective date of this section shall be granted a temporary certificate for one year.

(b) No certificate shall be issued until the applicant has passed the examination prescribed by the board, except that a one-year temporary certificate at the discretion of the board may be issued to a person holding one of the following: National shorthand reporters association certificate of proficiency, registered professional reporter certificate, or certificate of merit; a valid current court shorthand reporter of another state; or a certificate of graduation of a court reporting school.

(2) Procedures for renewal or reinstatement of certificates shall be set forth in the Washington Administrative Code.

NEW SECTION. Sec. 9. Sections 1 through 8 of this act shall constitute a new chapter in Title 18 RCW.