REQUIRES TWO-THIRDS MAJORITY VOTE (§ 1)                 

                                                 (Reprinted with amendments adopted on April 16, 2003)

 

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 failed] Failed without excuse to transcribe

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

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

4-23      (a) Within the time required by law or [to transcribe or file notes

4-24  of other proceedings within the time required by law or] agreed to

4-25  by contract[.] ; or

4-26      (b) Within any other reasonable time required for filing the

4-27  transcript.

4-28      Sec. 8.  NRS 656.310 is hereby amended to read as follows:

4-29      656.310  1.  Every person to whom a valid existing certificate

4-30  of registration as a certified court reporter has been issued under this

4-31  chapter must be designated as a certified court reporter and not

4-32  otherwise, and any such registered certified court reporter may, in

4-33  connection with his practice of court reporting, use the abbreviation

4-34  “C.C.R.” No person other than the holder of a valid existing

4-35  certificate of registration under this chapter may use the title or

4-36  designation of “certified court reporter,” or “C.C.R.,” either directly

4-37  or indirectly, in connection with his profession or business.

4-38      2.  Every holder of a certificate shall place the number of his

4-39  certificate [on] :

4-40      (a) On the cover page and certificate page of all transcripts of

4-41  proceedings ; and [on all presentments to the public, including

4-42  without limitation:

4-43      (a) Advertising;

4-44      (b) Solicitations;

4-45      (c) Business cards;

5-1  (d) Stationery; and

5-2  (e) Listings in telephone directories.]

5-3  (b) On all business cards.

5-4  Sec. 9.  This act becomes effective on July 1, 2003.

 

5-5  H