Bill Text: MS SB2708 | 2011 | Regular Session | Engrossed
Bill Title: Court reporting; provide for discipline of persons who engage in unauthorized.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2011-02-24 - Approved by Governor [SB2708 Detail]
Download: Mississippi-2011-SB2708-Engrossed.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Judiciary, Division A
By: Senator(s) Burton
Senate Bill 2708
(As Passed the Senate)
AN ACT TO AMEND SECTION 9-13-105, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD OF CERTIFIED COURT REPORTERS TO DISCIPLINE PERSONS WHO ENGAGE IN THE UNAUTHORIZED PRACTICE OF COURT REPORTING; TO CREATE SECTION 9-13-118, MISSISSIPPI CODE OF 1972, TO CREATE THE CIVIL INFRACTION OF PRACTICING COURT REPORTING WITHOUT A LICENSE; TO AMEND SECTION 9-13-123, MISSISSIPPI CODE OF 1972, TO ENACT DEFINITIONS; 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 a court reporter.
(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 court 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 court 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 court reporters, those reporters granted temporary permission as noncertified or nonresident court reporters, those holding themselves out in the State of Mississippi to be court reporters and anyone engaged in the unauthorized practice of court reporting within the State of Mississippi in accordance with rules and regulations adopted by the board.
(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. The following shall be codified as Section 9-13-118, Mississippi Code of 1972:
9-13-118. (1) Any person who: (a) undertakes or attempts to undertake the practice of court reporting for remuneration without having first procured a certificate or temporary permission under Sections 9-13-101 through 9-13-123; or (b) knowingly files false information with the board for the purpose of obtaining certification or temporary permission under Sections 9-13-101 through 9-13-123, shall be subject to a civil fine to be imposed by the board of Five Hundred Dollars ($500.00).
(2) Each day's violation shall be considered a separate infraction.
(3) A person who is not authorized to practice court reporting under Sections 9-13-101 through 9-13-123 shall not bring or maintain an action to recover fees for court reporting services that the person performed in violation of this section.
SECTION 3. Section 9-13-123, Mississippi Code of 1972, is amended as follows:
9-13-123. * * * As used in Sections 9-13-101 through 9-13-121:
(a) "Courts" includes all courts. Nothing in this chapter shall be construed as a limitation upon the power of the Supreme Court or of the trial courts to govern the conduct of, and to discipline, official court reporters, nor shall this chapter be construed as any limitation upon the rights of any individual to seek any remedy afforded by law, nor as any exclusive mode of regulating court reporters.
(b) "Court reporter" means a Certified Shorthand Reporter or a Certified Stenomask Reporter.
(c) "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, also known as steno mask, of testimony or proceedings relevant to matters under the jurisdiction of the courts of the State of Mississippi, all state agencies or the Legislature or any committee or subcommittee thereof, or where appeal to any court of the State of Mississippi is allowable by law.
(d) "The making of a verbatim record" includes the taking of a deposition.
SECTION 4. This act shall take effect and be in force from and after July 1, 2011.
