requires two-thirds majority vote (§ 1)                                                                                                                 

                                                                                                  

 

Senate Bill No. 395–Committee on Commerce and Labor

 

(On Behalf of the Certified Court
Reporters Board)

 

March 18, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Revises provisions governing court reporters. (BDR 54‑548)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to court reporters; authorizing the Certified Court Reporters’ Board of Nevada to place a court reporter or court reporting firm on probation or impose an administrative fine against the court reporter or court reporting firm under certain circumstances; authorizing the Board to employ an Executive Secretary on a full-time basis; expanding the circumstances under which the Board may refuse to issue or renew or suspend or revoke the certificate of a court reporter for performing certain acts; eliminating the provisions that require the holder of a certificate to place the number of his certificate on certain advertisements, solicitations, stationery and listings in telephone directories; 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

1-2  thereto a new section to read as follows:

1-3  In addition to or in lieu of suspending, revoking or refusing to

1-4  issue or renew the certificate of a court reporter pursuant to NRS

2-1  656.240 or 656.250 or the license of a court reporting firm

2-2  pursuant to NRS 656.253, the Board may, by a majority vote:

2-3  1.  Place the court reporter or court reporting firm on

2-4  probation for a period not to exceed 1 year; or

2-5  2.  Impose an administrative fine against the court reporter or

2-6  court reporting firm in an amount not to exceed $5,000 for each

2-7  violation for which the administrative fine is imposed.

2-8  Sec.  2.  NRS 656.110 is hereby amended to read as follows:

2-9  656.110  1.  The Board [is charged with the administration]

2-10  shall administer the provisions of this chapter.

2-11      2.  The Board may appoint such committees as it considers

2-12  necessary or proper, and may employ, prescribe the duties of and fix

2-13  the salary of an Executive Secretary who may be employed on a

2-14  part-time or full-time basis, and may also employ such other

2-15  persons as may be necessary.

2-16      3.  All expenditures described in this section [shall] must be

2-17  paid from the fees collected under this chapter.

2-18      Sec.  3.  NRS 656.130 is hereby amended to read as follows:

2-19      656.130  1.  The Board may [by a majority vote suspend or

2-20  revoke a license or certificate for any cause specified in this chapter.

2-21      2.  The Board may] issue subpoenas for the attendance of

2-22  witnesses and the production of relevant books and papers.

2-23      [3.] 2.  The Board may adopt such regulations as are necessary

2-24  to carry out the provisions of this chapter.

2-25      Sec.  4.  NRS 656.150 is hereby amended to read as follows:

2-26      656.150  1.  Each applicant for a certificate [shall] must file an

2-27  application with the Executive Secretary [or Chairman] of the Board

2-28  at least 30 days before the date fixed for examination. The

2-29  application must include the social security number of the applicant

2-30  and be accompanied by the required fee.

2-31      2.  No certificate may be issued until the applicant has passed

2-32  the examination prescribed by the Board and paid the fee as

2-33  provided in NRS 656.220.

2-34      Sec.  5.  NRS 656.160 is hereby amended to read as follows:

2-35      656.160  1.  Every person who files an application for an

2-36  original certificate must personally appear before the Board for a

2-37  written examination and the answering of such questions as may be

2-38  prepared by the Board to enable it to determine the trustworthiness

2-39  of the applicant[,] and his competency to engage in the practice of

2-40  court reporting in such a manner as to safeguard the interests of the

2-41  public.

2-42      2.  In determining competency, the Board shall administer a

2-43  written examination to determine whether the applicant has:

2-44      (a) A good understanding of the English language , including

2-45  reading, spelling, vocabulary, and medical and legal terminology;

3-1  (b) Sufficient ability to report accurately any of the matters

3-2  comprising the practice of court reporting consisting of material

3-3  read at not less than 180 words per minute or more than 225 words

3-4  per minute; and

3-5  (c) A clear understanding of the obligations [of] owed by a court

3-6  reporter to the parties [to proceedings] in any reported proceedings

3-7  and the obligations created by the provisions of this chapter[.] and

3-8  any regulation adopted pursuant to this chapter.

3-9  Sec.  6.  NRS 656.185 is hereby amended to read as follows:

3-10      656.185  1.  It is unlawful for any person to conduct business

3-11  as a court reporting firm or to advertise or put out any sign or card

3-12  or other device which [might] may indicate to members of the

3-13  public that he is entitled to conduct such a business without first

3-14  obtaining a license from the Board.

3-15      2.  Each applicant for a license as a court reporting firm [shall]

3-16  must file an application with the Executive Secretary [or Chairman]

3-17  of the Board on a form prescribed by the Board.

3-18      3.  The application must:

3-19      (a) Include the social security number and federal identification

3-20  number of the applicant;

3-21      (b) Be accompanied by the statement required pursuant to NRS

3-22  656.155; and

3-23      (c) Be accompanied by the required fee.

3-24      4.  To obtain a license pursuant to this section, an applicant

3-25  need not hold a certificate of registration as a certified court

3-26  reporter.

3-27      Sec.  7.  NRS 656.250 is hereby amended to read as follows:

3-28      656.250  The Board may refuse to issue or renew or may

3-29  suspend or revoke any certificate if the court reporter in performing

3-30  or attempting to perform or pretending to perform any act as a court

3-31  reporter has:

3-32      1.  Willfully failed to take full and accurate stenographic notes

3-33  of any proceedings;

3-34      2.  Willfully altered any stenographic notes taken at any

3-35  proceedings;

3-36      3.  Willfully failed accurately to transcribe verbatim any

3-37  stenographic notes taken at any proceedings;

3-38      4.  Willfully altered a transcript of stenographic notes taken at

3-39  any proceedings;

3-40      5.  Affixed his signature to any transcript of his stenographic

3-41  notes or certified to the correctness of such a transcript unless the

3-42  transcript was prepared by him or was prepared under his immediate

3-43  supervision;

4-1  6.  Demonstrated unworthiness or incompetency to act as a

4-2  court reporter in such a manner as to safeguard the interests of the

4-3  public;

4-4  7.  Professionally associated with or loaned his name to another

4-5  for the illegal practice by another of court reporting, or

4-6  professionally associated with any natural person, firm,

4-7  copartnership or corporation holding [himself, themselves or] itself

4-8  out in any manner contrary to the provisions of this chapter;

4-9  8.  Habitually been intemperate in the use of intoxicating liquor

4-10  or controlled substances;

4-11      9.  [Willfully] Except as otherwise provided in subsection 10,

4-12  willfully violated any of the provisions of this chapter or the

4-13  regulations adopted by the Board to enforce this chapter;

4-14      10.  [Engaged in] Violated any regulation adopted by the

4-15  Board relating to unprofessional conduct;

4-16      11.  Failed within a reasonable time to provide information

4-17  requested by the Board as the result of a formal or informal

4-18  complaint to the Board, which would indicate a violation of this

4-19  chapter; or

4-20      12.  [Repeatedly] Deliberately failed without excuse to

4-21  transcribe stenographic notes of [cases on appeal] a proceeding and

4-22  file [the transcripts] a transcript of the [cases within] stenographic

4-23  notes:

4-24      (a) Within the time required by law or [to transcribe or file notes

4-25  of other proceedings within the time required by law or] agreed to

4-26  by contract[.] ; or

4-27      (b) Within any other reasonable time required for filing the

4-28  transcript.

4-29      Sec.  8.  NRS 656.310 is hereby amended to read as follows:

4-30      656.310  1.  Every person to whom a valid existing certificate

4-31  of registration as a certified court reporter has been issued under this

4-32  chapter must be designated as a certified court reporter and not

4-33  otherwise, and any such registered certified court reporter may, in

4-34  connection with his practice of court reporting, use the abbreviation

4-35  “C.C.R.” No person other than the holder of a valid existing

4-36  certificate of registration under this chapter may use the title or

4-37  designation of “certified court reporter,” or “C.C.R.,” either directly

4-38  or indirectly, in connection with his profession or business.

4-39      2.  Every holder of a certificate shall place the number of his

4-40  certificate [on] :

4-41      (a) On the cover page and certificate page of all transcripts of

4-42  proceedings ; and [on all presentments to the public, including

4-43  without limitation:

4-44      (a) Advertising;

4-45      (b) Solicitations;

5-1  (c) Business cards;

5-2  (d) Stationery; and

5-3  (e) Listings in telephone directories.]

5-4  (b) On all business cards.

5-5  Sec.  9.  This act becomes effective on July 1, 2003.

 

5-6  H