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Bill 469

                    Current Status

Bill Number:                      469
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  19990204
Primary Sponsor:                  Rankin
All Sponsors:                     Rankin
Drafted Document Number:          l:\s-res\lar\001cour.jh.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          Court Reporting Act, Court Reporting 
                                  Board established; Courts


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  19990204  Introduced, read first time,           11 SJ
                  referred to Committee


              Versions of This Bill

TO AMEND TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12, SO AS TO ENACT THE SOUTH CAROLINA COURT REPORTING ACT, SO AS TO, AMONG OTHER THINGS, ESTABLISH THE BOARD OF COURT REPORTING AND PROVIDE FOR ITS DUTIES AND FUNCTIONS, ESTABLISH LICENSURE AND REGULATORY STANDARDS FOR THE PROFESSION OF COURT REPORTING, AND TO PROVIDE FOR PENALTIES FOR VIOLATION OF THE LICENSING AND REGULATORY PROVISIONS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Title 14 of the 1976 Code is amended by adding:

Section 14-12-10. This chapter shall be known and may be cited as `The South Carolina Court Reporting Act.'

Section 14-12-20. The practice of court reporting in the State of South Carolina is hereby declared to affect the public health, safety and welfare and to be subject to regulation and control in the practice of court reporting as a profession, to promote efficiency in court and general reporting, and to extend to the public the protection afforded by a standardized profession by establishing a standard of competency for certified court reporters. It is further declared that, in order for the practice of court reporting as defined in this act to merit and receive the confidence of the public, only qualified persons shall be authorized to practice court reporting in the State of South Carolina. This act shall be liberally construed to best carry out these subjects and purpose.

Section 14-12-30. As used in this chapter:

(1) `Board' means the Board of Court Reporting.

(2) `Certified court reporter' means any person certified under the provisions of this chapter to practice verbatim reporting.

(3) `Court reporter' means any person who is engaged in the practice of court reporting as a profession as defined in this chapter. The term `court reporter' shall include not only those who actually report judicial proceedings in courts but also those who make verbatim records as defined in paragraph (4) of this section.

(4) `Court reporting' means the making of a verbatim record by means of manual shorthand, machine shorthand, or Stenomask or by other means of personal verbatim transcription of any testimony given under oath before, or for submission to, any court, referee, or court examiner to any board, commission, or other body created by statute of this State or in any other proceeding where a verbatim record is required.

(5) `Association' means the South Carolina Court Reporters Association.

Section 14-12-40. (A) There is established within the Department of Labor, Licensing and Regulation a board which is known and designated as the `Board of Court Reporting'. It is be composed of seven members, four members must be certified court reporters, two members must be representatives from the State Bar of South Carolina, and one member must be from the judiciary, each of whom must not have less than five years experience in his profession. The initial board must be appointed by the South Carolina Court Reporters Association. The term of office is be two years, and the Association must fill any vacancies on the board in compliance with the original composition and manner of appointment.

(B) Any member of the board may be removed by the South Carolina Court Reporters Association after a hearing at which the Association determines that there is cause for removal.

Section 14-12-50. Immediately and before entering upon the duties of their office, the members of the board must take the oath of office and must file the same with the association. Upon receiving the oath of office, the association must issue to each member a certificate of appointment.

Section 14-12-60. The board shall annually elect from its members a chairman, who shall serve a one year term. He shall serve during the period for which elected and until his successor shall be elected. The board shall make all necessary rules and regulations to carry out the provisions of this chapter, but the rules and regulations shall be subject to review by the association.

Section 14-12-70. No person may engage in the practice of verbatim court reporting in this State unless the person is the holder of a certificate as a certified court reporter issued under this chapter.

Section 14-12-80. (A) The board must grant a certificate as a certified court reporter to any citizen of the United States residing or having a place for the regular transaction of business in the State who:

(1) has attained the age of 18 years;

(2) is of good moral character;

(3) is a graduate of a high school or has had an equivalent education; and

(4) has successfully passed an examination and received certification in verbatim court reporting from either the National Court Reporters Association (NCRA) or the National Verbatim Reporters Association (NVRA), or currently holds an NCRA or NVRA approved certificate in another state.

(B) Any person, a citizen of the United States, who has attained the age of 18 years and is of good moral character, who submits to the board in affidavit form under oath that he actively and continuously, for one year preceding April 1, 1999, has been principally engaged as a court reporter, shall be exempt from taking an examination and shall be granted a certificate as a certified court reporter.

Section 14-12-90. Every person desiring to commence the practice of court reporting in this State must file an application for a certificate with the board upon such form as shall be adopted and prescribed by the board. At the time of making an application the applicant must deposit with the board an examination fee to be determined by the board. Examinations shall be conducted as often as may be necessary as determined by the board, provided that examinations must be conducted at lease once annually. Applicants must be notified by mail of the holding of such examinations no later than ten days before the date upon which the examinations are to be given. Examinations must be conducted and graded according to rules and regulations prescribed by the board.

Section 14-12-100. Every certified court reporter who continues in the active practice of verbatim court reporting must annually renew his certificate on or before April 1 following the date of issuance of the certificate under which he is then entitled to practice, upon payment of a fee established by the board. Every certificate which has not been renewed on April 1 shall expire on that date of that year and shall result in the suspension of the reporter's right to practice under this article, which suspension must not be terminated until all delinquent fees have been paid.

Section 14-12-110. Any person who has received from the board a certificate as provided for in this article shall be known and styled as a certified court reporter and shall be authorized to practice as such in this State and to use such title or the abbreviation `C.C.R. in so doing. No other person, firm, or corporation, all of the members of which have not received such certificate, shall assume the title of certified court reporter, the abbreviation `C.C.R.', or any other words or abbreviations tending to indicate that the person, firm, or corporation so using the same is a certified court reporter.

Section 14-12-120. (A) The board is authorized to refuse to grant a certificate or temporary permit to an applicant therefor or to revoke the certificate or temporary permit of a person or to discipline a person, upon a finding by a majority of the entire board that the licensee or applicant has:

(1) failed to demonstrate the qualifications or standards for a certificate or temporary permit contained in this chapter or under the rules or regulations of the board. It is incumbent upon the applicant to demonstrate to the satisfaction of the board that all the requirements for the issuance of a certificate or temporary permit have been met, and if the board is not satisfied as to the applicant's qualifications, it may deny certificate or temporary permit without a prior hearing; provided, however, that the applicant must be allowed to appear before the board if desired;

(2) knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of court reporting or on any documents connected therewith; practiced fraud or deceit or intentionally made any false statements in obtaining a certificate or temporary permit to practice court reporting; or made a false statement or deceptive registration with the board;

(3) been convicted of a felony or of any crime involving moral turpitude in the courts of this State or any other state, territory, or country or in the courts of the United States. As used in this paragraph and paragraph (4) of this subsection, the term `felony' shall include any offense which, if committed in this State, would be deemed a felony without regard to its designation elsewhere; and, as used in this paragraph, the term `conviction' must include a plea of nolo contendere, a finding or verdict of guilty, regardless of whether an appeal of the conviction has been sought;

(4) been arrested, charged, and sentenced for the commission of any felony or any crime involving moral turpitude where:

(a) first offender treatment without adjudication of guilt pursuant to the charge was granted; or

(b) an adjudication of guilt or sentence was otherwise withheld or not entered in the charge, except with respect to a plea of nolo contendere;

(5) had a certificate or temporary permit to practice as a court reporter revoked, suspended, or annulled by any lawful licensing authority other than the board; or had other disciplinary action taken against the licensee or the applicant by any such lawful licensing authority other than the board; or was denied a certificate by any such licensing authority other than the board, pursuant to disciplinary proceedings, or was refused the renewal of a certificate or temporary permit by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings;

(6) engaged in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice materially affects the fitness of the licensee or applicant to practice as a court reporter, or of a nature likely to jeopardize the interest of the public, which conduct or practice need not have resulted in actual injury to any person or be directly related to the practice of court reporting but shows that the licensee or applicant has committed any omission which is indicative of bad immoral character or untrustworthiness; unprofessional conduct shall also include any departure from, or the failure to conform to, the minimal reasonable standards of acceptable and prevailing practice of court reporting;

(7) knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or any licensee whose certificate or temporary permit has been suspended or revoked by the board to practice as a court reporter or to practice outside the scope of any disciplinary limitation placed upon the licensee by the board;

(8) violated a statute, law, or any rule or regulation of this State, any other state, the board, the United States, or any other lawful authority without regard to whether the violation is criminally punishable, which statute, law, or rule or regulation relates to or in part regulates the practice of court reporting, when the licensee or applicant knows or should know that such action is violative of such statute, law, or rule, or violated a lawful order of the board previously entered by the board in a disciplinary hearing, consent decree, or certificate or temporary permit reinstatement;

(9) been adjudged mentally incompetent by a court of competent jurisdiction within or outside this State. Any such adjudication shall automatically suspend the certificate or temporary permit of any such person and shall prevent the reissuance or renewal of any certificate or temporary permit so suspended for as long as the adjudication of incompetence is in effect; or

(10) displayed an inability to practice as a court reporter with reasonable skill or has become unable to practice as a court reporter with reasonable skill by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material; or

(11) violated the provisions of South Carolina Rules of Civil Procedure for taking depositions.

(B) For purposes of this section, the board may obtain through subpoena upon reasonable grounds all records relating to the mental or physical condition of a licensee or applicant, and such records shall be admissible in any hearing before the board.

(C) When the board finds that any person is unqualified to be granted a certificate or temporary permit or finds that any person should be disciplined pursuant to subsection (a) of this section or the laws, rules, or regulations relating to court reporting, the board may take any one or more of the following actions:

(1) refuse to grant or renew a certificate or temporary permit to an applicant;

(2) administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee;

(3) suspend any certificate or temporary permit for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license;

(4) limit or restrict any certificate or temporary permit as the board deems necessary for the protection of the public;

(5) revoke any certificate or temporary permit;

(6) condition the penalty upon, or withhold formal disposition pending, the applicant's or licensee's submission to such care, counseling, or treatment as the board may direct;

(7) impose a requirement to pass the state certification test; or

(8) require monetary adjustment in a fee dispute involving an official court reporter.

(D) In addition to and in conjunction with the actions described in subsection (c) of this section, the board may make a finding adverse to the licensee or applicant but withhold imposition of judgment and penalty or it may impose the judgment and penalty but suspend enforcement thereof and place the licensee on probation, which probation may be vacated upon noncompliance with such reasonable terms as the board may impose.

(E) In its discretion, the board may reinstate a certificate or temporary permit which has been revoked or issue a certificate or temporary permit which has been denied or refused, following such procedures as the board may prescribe by rule; and, as a condition thereof, it may impose any disciplinary or corrective method provided in this section or any other laws relating to court reporting.

(F)(1) The board is vested with the power and authority to make, or cause to be made through employees or agents of the board, such investigations the board may deem necessary or proper for the enforcement of the provisions of this section and the laws relating to court reporting. Any person properly conducting an investigation on behalf of the board shall have access to and may examine any writing, document, or other material relating to the fitness of any licensee or applicant. The board or its appointed representative may issue subpoenas to compel access to any writing, document, or other material upon a determination that reasonable grounds exist for the belief that a violation of this section or any other law relating to the practice of court reporting may have taken place.

(2) The results of all investigations initiated by the board must be reported solely to the board and the records of such investigations must be kept by the board. No part of any such records shall be released for any purpose other than a hearing before the board, nor shall such records be subject to subpoena; provided, however, that the board is authorized to release such records to another enforcement agency or lawful licensing authority.

(3) If a licensee is the subject of a board inquiry, all records relating to any person who receives services rendered by that licensee in the capacity as licensee shall be admissible at any hearing held to determine whether a violation of this chapter has taken place, regardless of any statutory privilege; provided, however, that any documentary evidence relating to a person who received those services must be reviewed in camera and must not be disclosed to the public.

(4) The board is empowered to exclude all persons during its deliberations on disciplinary proceedings and to discuss any disciplinary matters in private with a licensee or applicant and the legal counsel of that licensee or applicant.

(G) A person, firm, corporation, association, authority, or other entity is be immune from civil and criminal liability for reporting or investigating the acts or omissions of a licensee or applicant which violate the provisions of subsection (a) of this section or any other provision of law relating to a licensee's or applicant's fitness to practice as a court reporter or for initiating or conducting proceedings against such licensee or applicant, if such report is made or action is taken in good faith, without fraud or malice. Any person who testifies or who makes a recommendation to the board in the nature of peer review, in good faith, without fraud or malice, in any proceeding involving the provisions of subsection (a) of this section or any other law relating to a licensee's or applicant's fitness to practice as a court reporter is immune from civil and criminal liability for so testifying.

(H) If any licensee or applicant after at least 30 days' notice fails to appear at a hearing, the board may proceed to hear the evidence against such licensee or applicant and take action as if such licensee or applicant had been present. A notice of hearing, initial or recommended decision, or final decision of the board in a disciplinary proceeding must be served personally upon the licensee or applicant or served by certified mail, return receipt requested, to the last known address of record with the board. If such material is served by certified mail and is returned marked `unclaimed' or `refused' or is otherwise undeliverable and if the licensee or applicant cannot, after diligent effort, be located, the chairman of the board shall be deemed to be the agent for service for such licensee or applicant for the purposes of this section, and service upon the chairman of the board is deemed to be service upon the licensee or applicant.

(I) The voluntary surrender of a certificate or temporary permit or the failure to renew a certificate or temporary permit by the end of an established penalty period has the same effect as a revocation of said certificate of temporary permit, subject to reinstatement in the discretion of the board. The board may restore and reissue a certificate or temporary permit to practice under the law relating to that board and, as a condition thereof, may impose any disciplinary sanction provided by this section or the law relating to that board.

(J) Regulation by the board does not exempt court reporting from regulation pursuant to any other applicable law.

Section 14-12-130. Nothing in this chapter shall be construed to prohibit the temporary employment of any person not certified under this chapter who has first obtained a temporary permit obtained from the board or from a judge in the circuit in which a case is pending. The board may limit the extent of any temporary permit obtained from the board based upon the need of such temporary employment. Temporary permits obtained from a judge may be limited by the board only with the concurrence of the issuing judge.

Section 14-12-140. On the verified complaint of any person that any person, firm, or corporation has violated any provision of this chapter, the board, with the consent of the association, may file a complaint seeking equitable relief in its own name in the circuit court of any county in this State having jurisdiction of the parties, alleging the facts and praying for a temporary restraining order and temporary injunction or permanent injunction against such person, firm, or corporation, restraining them from violating this article. Upon proof thereof, the court shall issue the restraining order, temporary injunction, or permanent injunction without requiring allegation or proof that the board has no adequate remedy at law. The right of injunction provided for in this section is in addition to any other remedy which the board has and is in addition to any right of criminal prosecution provided by law.

Section 14-12-150. Any person who:

(1) represents himself as having received a certificate or temporary permit as provided for in this chapter or practices as a certified court reporter without having received a certificate or temporary permit;

(2) continues to practice as court reporters in this State or uses any title or abbreviation indicating they are certified court reporters after their certificates have been revoked; or

(3) violates any provision of this chapter is guilty of a misdemeanor punishable by a fine of one hundred dollars or thirty days in jail or both in the discretion of the court. Each day of violation is punishable as a separate offense.

Section 14-12-160. (A) Contracts for Court reporting services, not related to a particular case or reporting incident, between a certified court reporter or any person with whom a certified court reporter has a principal and agency relationship and any attorney at law, party to an action, party having a financial interest in an interest are prohibited. Attorneys shall not be prohibited from negotiating or bidding reasonable fees for services on a case-by-case basis.

(B) In order to comply with subsection (a) of this section, each certified court reporter must make inquiry regarding the nature of the contract for his or her services directed to the employer or the person or entity engaging said court reporter's services as an independent contractor.

(C) This section shall not apply to contracts for court reporting services for the courts, agencies, or instrumentalities of the United States or of the State of South Carolina."

SECTION 2. This act takes effect upon approval by the Governor.

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