BILL REQ. #:  H-0366.2 

Read first time 01/29/13.   Referred to Committee on Judiciary.

     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 a new section 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, communication access real-time translators, and real-time captioners.

Sec. 2   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) (("Court reporter")) "Communication access real-time translation provider" means an individual certified as a communication access real-time translation provider under this chapter.
     (4) "Court reporter" means an individual certified as a court reporter under this chapter.
     (5) "Real-time captioner" means an individual certified as a real-time captioner under this chapter.
     (6) "Court reporting firm" means any legal entity, including but not limited to a sole proprietorship, corporation, partnership, limited liability company, consortium, or other organization, that provides court reporting services. The following activities constitute "court reporting services":
     (a) The creation of a verbatim translation of the spoken word into English text using a stenographic machine, voice recognition software, or computer and real-time captioning software;
     (b) The creation of the official verbatim translation of a deposition, court proceeding, or administrative proceeding by any means; and
     (c) Directly or indirectly arranging for another individual or entity to perform the activities described in (a) or (b) of this subsection, where the arranger receives compensation for doing so, regardless of the source of compensation.
     (7) 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 18.145.040 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. 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 to any applicant who meets the standards established under this chapter and who:
     (1) ((Is holding)) Has one of the following:
     (a) ((Certificate of proficiency,)) A registered professional reporter, registered merit reporter, ((or)) registered diplomate reporter, certified real-time reporter, certified broadcast reporter, or certified communication access real-time translation reporter designation from (([the])) the national court reporters association;
     (b) ((Certificate of proficiency or)) A certified verbatim reporter, certificate of merit, real-time verbatim reporter, registered broadcast captioner, or registered communication access real-time translation provider designation 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 national verbatim 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. 5   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. 6   A new section is added to chapter 18.145 RCW to read as follows:
     (1)(a) Court reporters and court reporting firms must not:
     (i) Provide or arrange for the provision of court reporting services if the court reporter or court reporting firm is financially interested in the litigation or administrative proceeding;
     (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) Gives any economic or other advantage to any party, or their attorney, representative, agent, or insurer;
     (C) Expressly or impliedly requires the court reporter or court reporting firm reporting any proceeding or case to perform court reporting services in any other proceeding or case at a specific rate of compensation; or
     (D) Creates or may create the appearance that the impartiality of the court reporter could be compromised;
     (iii) Enter into any contract or other agreement to provide court reporting services that restricts the ability of an attorney or party to use the service of another court reporter or court reporting firm;
     (iv) 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 copy is not offered to all parties to a proceeding;
     (v) Manipulate the transcript to affect the overall cost;
     (vi) Provide advocacy support services to one party that is not offered to all parties to a proceeding;
     (vii) Enter into a contract or other agreement for the provision of court reporting services if:
     (A) The court reporting services relate in whole or in part to litigation that has not been commenced;
     (B) The impartiality of the court reporter or court reporting firm providing court reporting services may be reasonably questioned;
     (C) The court reporter or court reporting firm is required to relinquish control of an original transcript of a deposition and copies of that transcript before the transcript is certified and delivered; or
     (D) The provisions of the contract or agreement confer or appear to confer an unfair advantage upon a party;
     (viii) Contract with any other court reporter or court reporting firm when to do so would result in a violation of this section by the other contracting party.
     (b) The provisions of (a) 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.
     (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.