requires two-thirds majority vote (§§ 2, 3, 6, 12, 19, 20)
A.B. 622
Assembly Bill No. 622–Committee on Commerce and Labor
(On Behalf of Certified Court Reporters Board)
March 26, 2001
____________
Referred to Committee on Commerce and Labor
SUMMARY—Makes various changes to provisions governing practice of court reporting. (BDR 54‑533)
FISCAL NOTE: Effect on Local Government: Yes.
~
EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to certified court reporters; requiring court reporting firms to be licensed by the certified court reporters’ board of Nevada before engaging in business in this state; expanding the regulatory authority of the board; increasing certain fees that are required to be collected by the board; providing a penalty; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. Chapter 656 of NRS is hereby amended by adding thereto
1-2 the provisions set forth as sections 2 to 6, inclusive, of this act.
1-3 Sec. 2. 1. It is unlawful for any person to conduct business as a
1-4 court reporting firm or to advertise or put out any sign or card or other
1-5 device which might indicate to members of the public that he is entitled to
1-6 conduct such a business without first obtaining a license from the board.
1-7 2. Each applicant for a license as a court reporting firm shall file an
1-8 application with the executive secretary or chairman of the board on a
1-9 form prescribed by the board.
1-10 3. The application must:
1-11 (a) Include the social security number and federal identification
1-12 number of the applicant;
1-13 (b) Be accompanied by the statement required pursuant to NRS
1-14 656.155; and
1-15 (c) Be accompanied by the required fee.
1-16 Sec. 3. 1. A license as a court reporting firm expires on June 30 of
1-17 each year and may be renewed if, before that date, the licensee submits to
1-18 the board:
1-19 (a) An application for renewal on a form prescribed by the board;
2-1 (b) The statement required pursuant to NRS 656.155; and
2-2 (c) The required fee for renewal.
2-3 2. A license that expires pursuant to the provisions of this section
2-4 may be reinstated if the applicant:
2-5 (a) Complies with the provisions of subsection 1; and
2-6 (b) Submits to the board the required fee for reinstatement.
2-7 Sec. 4. The board may refuse to issue or renew or may suspend or
2-8 revoke a license if, after notice and a hearing, the board determines that
2-9 the licensee has committed any of the acts set forth in NRS 656.240 or
2-10 656.250.
2-11 Sec. 5. If the board refuses to renew or suspends or revokes a license
2-12 or certificate, it may order the holder of the license or certificate to pay
2-13 all costs and attorney’s fees incurred by the board relating to its action.
2-14 Sec. 6. 1. The board may:
2-15 (a) Develop and conduct programs of continuing education relating to
2-16 the practice of court reporting.
2-17 (b) Charge and collect a reasonable fee from persons who attend such
2-18 a program.
2-19 2. The board shall not refuse to renew or restore the certificate of a
2-20 court reporter who does not attend such a program but who otherwise
2-21 complies with the requirements for continuing education prescribed by
2-22 the board.
2-23 Sec. 7. NRS 656.030 is hereby amended to read as follows:
2-24 656.030 As used in this chapter[:] , unless the context otherwise
2-25 requires:
2-26 1. “Board” means the certified court reporters’ board of Nevada.
2-27 2. “Certificate” means a certified court reporter’s certificate issued
2-28 under the provisions of this chapter.
2-29 3. “Court reporter” means a person who is technically qualified and
2-30 registered under this chapter to practice court reporting.
2-31 4. “Court reporting firm” means a person who, for compensation,
2-32 provides or arranges for the services of a court reporter or provides
2-33 referral services for court reporters.
2-34 5. “License” means a license issued under the provisions of this
2-35 chapter to conduct business as a court reporting firm.
2-36 6. “Practice of court reporting” means reporting by the use of any
2-37 system of manual or mechanical shorthand writing:
2-38 (a) Grand jury proceedings;
2-39 (b) Court proceedings;
2-40 (c) Pretrial examinations, depositions, motions and related proceedings
2-41 of like character; or
2-42 (d) Proceedings of an administrative agency if the final decision of the
2-43 agency with reference thereto is subject to judicial review.
2-44 [5.] 7. “Stenographic notes” [mean] means the original manually or
2-45 mechanically produced notes in shorthand or shorthand writing taken by a
2-46 court reporter while in attendance at a proceeding to report the proceeding.
2-47 Sec. 8. NRS 656.120 is hereby amended to read as follows:
2-48 656.120 The board shall:
3-1 1. Adopt a seal which [shall] must be affixed to all licenses and
3-2 certificates issued by the board.
3-3 2. Charge and collect from all applicants for licenses and certificates
3-4 the fees provided for in this chapter.
3-5 3. Charge and collect from all persons renewing licenses and
3-6 certificates the renewal fees provided for in this chapter.
3-7 Sec. 9. NRS 656.130 is hereby amended to read as follows:
3-8 656.130 1. The board may by a majority vote suspend or revoke a
3-9 license or certificate for any cause specified in this chapter.
3-10 2. The board may issue subpoenas for the attendance of witnesses and
3-11 the production of relevant books and papers.
3-12 3. The board may adopt such regulations as are necessary to carry
3-13 out the provisions of this chapter.
3-14 Sec. 10. NRS 656.155 is hereby amended to read as follows:
3-15 656.155 1. An applicant for the issuance or renewal of a license or
3-16 certificate shall submit to the board the statement prescribed by the welfare
3-17 division of the department of human resources pursuant to NRS 425.520.
3-18 The statement must be completed and signed by the applicant.
3-19 2. The board shall include the statement required pursuant to
3-20 subsection 1 in:
3-21 (a) The application or any other forms that must be submitted for the
3-22 issuance or renewal of the license or certificate; or
3-23 (b) A separate form prescribed by the board.
3-24 3. A license or certificate may not be issued or renewed by the board if
3-25 the applicant:
3-26 (a) Fails to submit the statement required pursuant to subsection 1; or
3-27 (b) Indicates on the statement submitted pursuant to subsection 1 that he
3-28 is subject to a court order for the support of a child and is not in
3-29 compliance with the order or a plan approved by the district attorney or
3-30 other public agency enforcing the order for the repayment of the amount
3-31 owed pursuant to the order.
3-32 4. If an applicant indicates on the statement submitted pursuant to
3-33 subsection 1 that he is subject to a court order for the support of a child and
3-34 is not in compliance with the order or a plan approved by the district
3-35 attorney or other public agency enforcing the order for the repayment of
3-36 the amount owed pursuant to the order, the board shall advise the applicant
3-37 to contact the district attorney or other public agency enforcing the order to
3-38 determine the actions that the applicant may take to satisfy the arrearage.
3-39 Sec. 11. NRS 656.200 is hereby amended to read as follows:
3-40 656.200 1. To renew a certificate of registration , a court reporter
3-41 must:
3-42 (a) Apply to the board for renewal;
3-43 (b) Submit the statement required pursuant to NRS 656.155;
3-44 (c) Pay the annual renewal fee prescribed by the board; and
3-45 (d) Submit evidence to the board of his completion of the requirements
3-46 for continuing education established by the board.
3-47 2. The board shall adopt regulations requiring court reporters to
3-48 participate in continuing education or training as a prerequisite to the
4-1 renewal or restoration of a certificate. If a court reporter fails to comply
4-2 with the requirements, the board may suspend or revoke his certificate.
4-3 3. The failure of any court reporter to submit the statement required
4-4 pursuant to NRS 656.155 or pay in advance the annual renewal fee which
4-5 may be fixed by the board as necessary to defray the expense of
4-6 administering the provisions of this chapter results in the suspension of the
4-7 reporter’s right to engage in the practice of court reporting. The suspension
4-8 must not be terminated until the statement has been submitted and all
4-9 delinquent fees have been paid.
4-10 4. A court reporter whose certificate of registration has been
4-11 suspended because of his failure to submit the statement or pay the renewal
4-12 fee:
4-13 (a) May within 2 years thereafter have his certificate reinstated without
4-14 examination upon submission of the statement and payment of the fees set
4-15 forth in paragraph (e) of subsection [5] 1 of NRS 656.220.
4-16 (b) While he was on active military duty or in training before induction,
4-17 may have his certificate renewed without payment of any fee if he files an
4-18 application for renewal, the statement required pursuant to NRS 656.155
4-19 and an affidavit of such service with the board within 2 years after the
4-20 termination of the service.
4-21 Sec. 12. NRS 656.220 is hereby amended to read as follows:
4-22 656.220 1. The fees required by this chapter are fixed by the
4-23 following schedule:
4-24 [1.] (a) The fee for filing an application for an examination [is $50.
4-25 2.] must be fixed by the board annually at not more than $250 and not
4-26 less than $90.
4-27 (b) The fee for the original issuance of a certificate must be fixed by the
4-28 board annually at not more than [$100] $300 and not less than [$50.
4-29 3.] $100.
4-30 (c) For a certificate issued after July 1, 1973, the fee is an amount equal
4-31 to the renewal fee in effect on the last regular renewal date before the date
4-32 on which the certificate is issued, except that if the certificate will expire
4-33 less than 1 year after its issuance, then the fee is 50 percent of the renewal
4-34 fee in effect on the last regular renewal date before the date on which the
4-35 certificate is issued. The board may by regulation provide for the waiver or
4-36 refund of the initial certificate fee if the certificate is issued less than 45
4-37 days before the date on which it will expire.
4-38 [4.] (d) The annual renewal fee for a certificate must be fixed by the
4-39 board annually at not more than [$100] $300 and not less than [$50.] $100.
4-40 Every holder of a certificate desiring renewal must pay the annual renewal
4-41 fee to the board on or before May 15 of each year.
4-42 [5.] (e) For the renewal of a certificate which was suspended for failure
4-43 to renew, the fee is an amount equal to all unpaid renewal fees accrued plus
4-44 a reinstatement fee [of $25.] that must be fixed by the board annually at
4-45 not more than $150 and not less than $50.
4-46 (f) The fee for the original issuance of a license as a court reporting
4-47 firm is $50.
4-48 (g) The fee for the annual renewal of a license as a court reporting
4-49 firm is $150.
5-1 (h) The fee for the reinstatement of a license as a court reporting firm
5-2 is $150.
5-3 2. In addition to the fees set forth in subsection 1, the board may
5-4 charge and collect a fee for any other service it provides. The fee must
5-5 not exceed the cost incurred by the board to provide the service.
5-6 Sec. 13. NRS 656.255 is hereby amended to read as follows:
5-7 656.255 1. If the board receives a copy of a court order issued
5-8 pursuant to NRS 425.540 that provides for the suspension of all
5-9 professional, occupational and recreational licenses, certificates and
5-10 permits issued to a person who is the holder of a license or certificate
5-11 issued pursuant to this chapter, the board shall deem the license or
5-12 certificate issued to that person to be suspended at the end of the 30th day
5-13 after the date on which the court order was issued unless the board receives
5-14 a letter issued to the holder of the license or certificate by the district
5-15 attorney or other public agency pursuant to NRS 425.550 stating that the
5-16 holder of the license or certificate has complied with the subpoena or
5-17 warrant or has satisfied the arrearage pursuant to NRS 425.560.
5-18 2. The board shall reinstate a license or certificate issued pursuant to
5-19 this chapter that has been suspended by a district court pursuant to NRS
5-20 425.540 if the board receives a letter issued by the district attorney or other
5-21 public agency pursuant to NRS 425.550 to the person whose license or
5-22 certificate was suspended stating that the person whose license or
5-23 certificate was suspended has complied with the subpoena or warrant or
5-24 has satisfied the arrearage pursuant to NRS 425.560.
5-25 Sec. 14. NRS 656.260 is hereby amended to read as follows:
5-26 656.260 1. A holder of a license or certificate [must] shall notify the
5-27 chairman or executive secretary of the board in writing within 30 days after
5-28 changing his name or address.
5-29 2. If a court reporting firm is a partnership or corporation, any
5-30 change of partners or corporate officers must be reported to the
5-31 chairman or executive secretary within 30 days after the change.
5-32 3. The board may suspend or revoke [his] a license or certificate if
5-33 [he] the holder thereof fails so to notify the board.
5-34 Sec. 15. NRS 656.270 is hereby amended to read as follows:
5-35 656.270 The entry of a decree by a court of competent jurisdiction
5-36 establishing the mental illness of any person holding a license or certificate
5-37 under this chapter operates as a suspension of [such] the license or
5-38 certificate. Such a person may resume his business or practice only upon a
5-39 finding by the board that the holder of [such] the license or certificate has
5-40 been determined to be recovered from mental illness by a court of
5-41 competent jurisdiction and upon the board’s recommendation that [such]
5-42 the holder be permitted to resume his business or practice.
5-43 Sec. 16. NRS 656.280 is hereby amended to read as follows:
5-44 656.280 1. The board may upon its own motion and shall upon the
5-45 verified complaint in writing of any person setting forth facts which if
5-46 proven would constitute grounds for refusal, suspension or revocation as
5-47 set forth in NRS 656.240 to 656.270, inclusive, and section 4 of this act
5-48 investigate the actions of any person who applies for, or holds or represents
6-1 that he holds a license or certificate. Such a person is in this section and in
6-2 NRS 656.290 called the accused.
6-3 2. The board shall, before refusing to issue, suspending or revoking
6-4 any license or certificate, notify the accused in writing of any charges
6-5 made. The notice must be served by delivery personally to the accused, or
6-6 by mailing by registered or certified mail to the last known place of
6-7 business of the accused.
6-8 3. The time set in the notice must not be less than 10 nor more than 30
6-9 days after delivery or mailing.
6-10 4. The board may continue the hearing from time to time.
6-11 Sec. 17. NRS 656.290 is hereby amended to read as follows:
6-12 656.290 1. The board may subpoena and bring before it any person
6-13 in this state and take testimony orally or by deposition, or both, with the
6-14 same fees and mileage and in the same manner as prescribed in civil cases
6-15 in courts of this state.
6-16 2. Any district court, upon the application of the accused or
6-17 complainant or of the board may, by order, require the attendance of
6-18 witnesses and the production of relevant books and papers before the board
6-19 in any hearing relative to the application for or refusal, recall, suspension
6-20 or revocation of a license or certificate, and the court may compel
6-21 obedience to its order by proceedings for contempt.
6-22 3. The board[, at its expense,] shall provide a court reporter to
6-23 transcribe the testimony and preserve a record of all proceedings at the
6-24 hearing of any case wherein a license or certificate is revoked or
6-25 suspended. The notice of hearing, complaint and all other documents in the
6-26 nature of pleadings and written motions filed in the proceedings, the
6-27 transcript of testimony, the report of the board and its orders constitute the
6-28 record of the proceedings. The board shall furnish a transcript of the record
6-29 to any person interested in the hearing upon payment therefor of the
6-30 statutory fees for transcription as provided in NRS 3.370.
6-31 4. At any time after the suspension or revocation of any license or
6-32 certificate, the board may restore it to the accused without examination
6-33 upon unanimous vote by the board.
6-34 Sec. 18. NRS 656.300 is hereby amended to read as follows:
6-35 656.300 1. The practice of court reporting by any person who has not
6-36 been issued a certificate or whose certificate has been suspended or
6-37 revoked , or conducting a business as a court reporting firm without first
6-38 obtaining a license therefor or with a suspended or revoked license, is
6-39 hereby declared to be inimical to public health and welfare and to
6-40 constitute a public nuisance. The attorney general of the State of Nevada,
6-41 the district attorney of any county in the state or any resident may maintain
6-42 an action in the name of the State of Nevada perpetually to enjoin any
6-43 person from so unlawfully practicing court reporting , or unlawfully
6-44 conducting business as a court reporting firm, and from doing,
6-45 committing or continuing such an unlawful act.
6-46 2. In all proceedings under this section , the court may apportion the
6-47 costs among the parties interested in the suit, including the costs of filing
6-48 the complaint, service of process, witness fees and expenses, charges for a
6-49 court reporter and reasonable attorney’s fees.
7-1 3. The proceeding authorized by this section is in addition to and not in
7-2 lieu of criminal prosecutions or proceedings to revoke or suspend licenses
7-3 or certificates as authorized by this chapter.
7-4 Sec. 19. Section 2 of this act is hereby amended to read as follows:
7-5 Sec. 2. 1. It is unlawful for any person to conduct business as a
7-6 court reporting firm or to advertise or put out any sign or card or other
7-7 device which might indicate to members of the public that he is
7-8 entitled to conduct such a business without first obtaining a license
7-9 from the board.
7-10 2. Each applicant for a license as a court reporting firm shall file
7-11 an application with the executive secretary or chairman of the board
7-12 on a form prescribed by the board.
7-13 3. The application must:
7-14 (a) Include the [social security number and] federal identification
7-15 number of the applicant; and
7-16 (b) [Be accompanied by the statement required pursuant to NRS
7-17 656.155; and
7-18 (c)] Beaccompanied by the required fee.
7-19 Sec. 20. Section 3 of this act is hereby amended to read as follows:
7-20 Sec. 3. 1. A license as a court reporting firm expires on June 30
7-21 of each year and may be renewed if, before that date, the licensee
7-22 submits to the board:
7-23 (a) An application for renewal on a form prescribed by the board;
7-24 and
7-25 (b) [The statement required pursuant to NRS 656.155; and
7-26 (c)]The required fee for renewal.
7-27 2. A license that expires pursuant to the provisions of this section
7-28 may be reinstated if the applicant:
7-29 (a) Complies with the provisions of subsection 1; and
7-30 (b) Submits to the board the required fee for reinstatement.
7-31 Sec. 21. Notwithstanding the provisions of section 2 of this act, a
7-32 person who conducts business as a court reporting firm or advertises or
7-33 puts out any sign or card or other device which might indicate to members
7-34 of the public that he is entitled to conduct such a business is not required to
7-35 be licensed pursuant to the provisions of this act before October 1, 2001.
7-36 Sec. 22. The amendatory provisions of this act do not apply to
7-37 offenses that were committed before July 1, 2001.
7-38 Sec. 23. 1. This section and sections 1 to 18, inclusive, 21 and 22 of
7-39 this act become effective on July 1, 2001.
7-40 2. Sections 19 and 20 of this act become effective on the date on which
7-41 the provisions of 42 U.S.C. § 666 requiring each state to establish
7-42 procedures under which the state has authority to withhold or suspend, or
7-43 to restrict the use of professional, occupational and recreational licenses of
7-44 persons who:
7-45 (a) Have failed to comply with a subpoena or warrant relating to a
7-46 procedure to determine the paternity of a child or to establish or enforce an
7-47 obligation for the support of a child; or
8-1 (b) Are in arrears in the payment for the support of one or more
8-2 children,
8-3 are repealed by the Congress of the United States.
8-4 H