Bill Text: MS HB1305 | 2011 | Regular Session | Engrossed
Bill Title: Court reporters; authorize board to discipline persons engaging in court reporting without certification or permission.
Spectrum: Bipartisan Bill
Status: (Failed) 2011-03-01 - Died In Committee [HB1305 Detail]
Download: Mississippi-2011-HB1305-Engrossed.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Judiciary A
By: Representatives Norquist, Moak, Carpenter, Upshaw
House Bill 1305
(As Passed the House)
AN ACT TO AMEND SECTION 9-13-105, MISSISSIPPI CODE OF 1972, TO GRANT AUTHORITY TO THE BOARD OF CERTIFIED COURT REPORTERS TO DISCIPLINE PERSONS WHO ENGAGE IN THE PRACTICE OF COURT REPORTING WITHOUT CERTIFICATION OR TEMPORARY PERMISSION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 9-13-105, Mississippi Code of 1972, is amended as follows:
9-13-105. The board is charged with the duty and vested with the power and authority:
(a) To determine the content of and administer examinations to be given to applicants for certification as Certified Shorthand Reporters.
(b) To determine an applicant's ability to make a verbatim record of proceedings which may be used in any court in this state by any recognized system designated by the board and to pass upon the eligibility of applicants for certification.
(c) To issue certificates to those found qualified as Certified Shorthand Reporters who are in compliance with Section 9-13-109.
(d) To promulgate, amend and revise regulations relevant to its duties as necessary to implement this chapter. Such regulations shall be consistent with the provisions of Sections 9-13-101 through 9-13-121 and shall not be effective until approved by the Supreme Court.
(e) To make studies and, from time to time, recommendations to the Supreme Court concerning matters pertaining to Certified Shorthand Reporters.
(f) To account to the Supreme Court in all fiscal matters following recognized accounting procedures of the State Auditor.
(g) To exercise jurisdiction over disciplinary matters with regard to Certified Shorthand Reporters, those reporters granted temporary permission as noncertified or nonresident court reporters, those holding themselves out in the state as being certified court reporters and anyone engaged in the unauthorized practice of court reporting in accordance with the rules and regulations adopted by the board.
(i) After July 1, 2011, any person who undertakes or attempts to undertake the practice of court reporting for remuneration without having first procured a certificate or temporary permission from the board or any person who knowingly files false information with the board for the purpose of obtaining certification or temporary permission from the board shall be subject to a fine of Five Hundred Dollars ($500.00). Each day's violation shall be considered a separate offense. A person who is not certified or granted temporary permission by the board shall not bring or maintain an action to recover fees for court reporting services that the person performed in violation of this chapter.
(ii) "The practice of court reporting" means the making of a verbatim record by means of written symbols or abbreviations in pen shorthand, machine shorthand or oral stenography (steno mask) of testimony or proceedings relevant to matters under the jurisdiction of the courts of this state, all agencies or the Legislature or any committee or subcommittee thereof, or where appeal to any court of the state is allowable by law. "The making of a record" includes the taking of a deposition.
(h) To enter into contracts, hire staff and do such other things as may be necessary to implement the provisions of Sections 9-13-101 through 9-13-121.
SECTION 2. This act shall take effect and be in force from and after July 1, 2011.
