SENATE BILL REPORT

SHB 1208

BYHouse Committee on Commerce & Labor/Appropriations (originally sponsored by Representatives Cole, Patrick, R. King, Walker, Jones and Anderson)

Requiring certification of court reporters.

House Committe on Commerce & Labor

Senate Committee on Economic Development & Labor

Senate Hearing Date(s):March 20, 1989; March 22, 1989

Majority Report:  Do pass as amended.

      Signed by Senators Lee, Chairman; Anderson, Vice Chairman; McMullen, Murray, Smitherman, West.

Senate Staff:Charles A. Woods (786-7452)

                  March 22, 1989

AS REPORTED BY COMMITTEE ON ECONOMIC DEVELOPMENT & LABOR, MARCH 22, 1989

BACKGROUND:

Court reporters record and transcribe verbatim records of court proceedings, depositions, and other official proceedings.  A court reporter may work as an official reporter for a superior court judge or may work on an independent basis, reporting such proceedings as depositions and administrative hearings.

By statute, an official reporter is required to have at least three years' experience as a skilled, practical reporter or demonstrate on examination the ability to report and transcribe accurately 175 words per minute of the judge's charge or 200 words per minute of testimony, for five consecutive minutes.  Official reporters hold office during the term of the judge or judges making the appointment, but may be removed for incompetency, misconduct, or neglect of duty.  Official reporters are also required to file a $2,000 bond.

Other than the regulation of official reporters, the state does not regulate court reporters.

Legislation to regulate court reporters has been introduced in the last several sessions.  In 1987, the House Commerce and Labor Committee requested the Department of Licensing to conduct a sunrise review of the regulation of court reporters.  The department found a potential for public harm with unregulated practice and recommended regulation at the level of certification.

SUMMARY:

The Shorthand Reporting Practice Act is adopted.  No person may represent himself or herself as a court reporter, shorthand reporter, certified shorthand reporter, or certified court reporter without first obtaining a certificate from the Department of Licensing.

Applicants for certification must pass an exam, be of good moral character, not have engaged in unprofessional conduct, and not have been determined to be unable to practice with reasonable skill and safety as a result of a physical or mental impairment.  A grandfather clause provides that persons with at least two years' experience in this state as of the effective date shall be granted a certificate without examination, if application is made within one year of the effective date.  Persons with less than two years' experience in this state shall be granted a temporary certificate for one year.  The director also has discretion to grant a one year temporary certificate to persons holding a National Shorthand Reporters Association certificate of proficiency, registered professional reporter certification or certificate of merit; a current court reporter certification, registration, or license of another state; or a certificate of graduation from a court reporting school.  Persons with temporary certificates must pass the examination within the year to continue to practice, except the director may renew the temporary certificate if extraordinary circumstances are shown.

A five member Shorthand Reporters Advisory Board is established to advise the director.  Two members shall be free lance shorthand reporters and one a court-employed shorthand reporter, each having been engaged in shorthand reporting on a continuous basis for at least the previous five years.  One member shall be a current member of the state Bar Association or judiciary and the other shall be a public member.

Unprofessional conduct is specified, including incompetence, misleading advertising, and committing a dishonest act relating to the practice of shorthand reporting.  Upon a finding after a hearing that a certificate holder or an 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 revoke or suspend the certificate, require remedial education, and take other disciplinary action.

Appropriation:    $48,000 from the general fund to the Department of Licensing, to be repaid to the general fund from fees imposed by June 30, 1993.

Revenue:    none

Fiscal Note:      requested January 30, 1989

Effective Date:The bill takes effect September 1, 1989, except the director may take steps immediately to effectuate the act.

SUMMARY OF PROPOSED SENATE AMENDMENT:

Reference to "grand" juries is removed as archaic and more limiting than intended.  The director is required to adopt rules specifying what conduct of board members would be equal to misconduct, incompetence, or neglect of duty.  Also, the examination which applicants must pass to become certified is specified to be the exam given by the court reporter examining committee created under RCW 2.32.180.

Senate Committee - Testified: FOR:  Representative Grace Cole, original sponsor; Eileen Sullivan, Washington State Reporters Association; Karen Larson, Washington State Reporters Association