Bill Text: OR SB90 | 2013 | Regular Session | Enrolled
Bill Title: Relating to shorthand reporters; and declaring an emergency.
Spectrum: Committee Bill
Status: (Passed) 2013-07-02 - Effective date, June 24, 2013. [SB90 Detail]
Download: Oregon-2013-SB90-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
Senate Bill 90
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Judiciary)
CHAPTER ................
AN ACT
Relating to shorthand reporters; amending ORS 8.415, 8.420,
8.435, 8.440, 8.445 and 8.455; repealing ORS 8.430; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 8.415 is amended to read:
8.415. As used in ORS 8.415 to 8.455, unless the context
requires otherwise:
(1) 'Administrator' means the State Court Administrator.
(2) 'Advisory committee' means the Certified Shorthand
Reporters Advisory Committee created in ORS 8.455.
(3) 'Certified shorthand reporter' means an individual who has
been certified to engage in the practice of { - shorthand - }
{ + stenographic reporting or voicewriting + } reporting under
ORS 8.415 to 8.455.
(4) ' { - Shorthand - } { + Stenographic + } reporting'
means the making and transcribing of a verbatim record of any
court proceeding, deposition, hearing or other { - matter where
the verbatim record is required or requested by any court, grand
jury, attorney or referee to be made - } { + proceeding + } by
means of a written system of either manual or machine shorthand
procedures.
{ + (5) 'Voicewriting reporting' means the making and
transcribing of a verbatim record of any court proceeding,
deposition, hearing or other proceeding by:
(a) Recording the words in the proceeding using a voice
silencer for subsequent transcription; or
(b) Using a computerized speech-recognition transcription
program. + }
SECTION 2. ORS 8.420 is amended to read:
8.420. (1) The State Court Administrator shall verify the
qualifications of shorthand reporters to be certified and shall
issue the certificate of shorthand reporter to qualified
applicants.
(2) The administrator shall adopt policies necessary to
administer ORS 8.415 to 8.455 and may appoint any committees
necessary to function in accordance with ORS 8.415 to 8.455.
(3) The administrator shall:
Enrolled Senate Bill 90 (SB 90-A) Page 1
(a) Adopt policies establishing the qualifications necessary
for the issuance of a certificate of certified shorthand reporter
{ - ; - } { + . A shorthand reporter may be certified to
perform stenographic reporting, voicewriting reporting, or
both. + }
(b) Determine the qualifications of persons applying for
certificates under ORS 8.415 to 8.455 { - ; - } { + . + }
(c) Adopt policies for the examination of applicants and the
issuing of certificates under ORS 8.415 to 8.455 { - ; - }
{ + . + }
(d) Grant certificates to qualified applicants upon compliance
with ORS 8.415 to 8.455 and policies of the administrator
{ - ; - } { + . + }
(e) Establish continuing education requirements for
{ - biennial - } renewal of certificates { - ; - } { + . + }
(f) Collect fees as set by the administrator { - ; - }
{ + . + }
(g) Require the { - biennial - } { + regular + } renewal of
all certificates { - ; - } { + . + }
(h) Establish a code of conduct and grounds for disciplinary
action { - ; and - } { + . + }
(i) Investigate complaints regarding court reporters.
(4) The Certified Shorthand Reporters Advisory Committee shall
recommend:
(a) Standards establishing the qualifications necessary for the
issuance of a certificate of certified shorthand reporter;
(b) Qualifications required of persons applying for
certificates under ORS 8.415 to 8.455;
(c) Procedures for the examination of applicants and the
issuing of certificates under ORS 8.415 to 8.455;
(d) Certificates be granted by the administrator to qualified
applicants upon compliance with ORS 8.415 to 8.455 and policies
of the administrator;
(e) Continuing education requirements for { - biennial - }
renewal of certificates;
(f) A code of conduct and grounds for suspension or revocation
of certificates or other disciplinary action to the
administrator;
(g) Investigation of complaints regarding court reporters at
the direction of the administrator; and
(h) Any corrective action that may be required.
SECTION 3. ORS 8.435 is amended to read:
8.435. (1) The certificate of certified shorthand reporter
shall be granted to any person who meets the requirements of ORS
8.415 to 8.455 and policies of the State Court Administrator.
(2) Any person who has received from the administrator a
certificate of 'certified shorthand reporter' shall be styled and
known as a 'certified shorthand reporter' and may also use the
abbreviation of 'C.S.R. '
(3) A certificate shall be renewed { - biennially - }
{ + regularly + } as provided by policies of the administrator.
(4) Certificates issued by the administrator may be renewed
{ - biennially - } upon payment of the fee established under
ORS 8.445, completion of established continuing education
requirements and compliance with the code of conduct policy as
established by the administrator.
(5) A person may not assume or use the title or designation '
certified shorthand reporter' or the abbreviation 'C.S.R.' or any
other title, designation, words, letters, abbreviation, sign or
device tending to indicate that the person is a certified
Enrolled Senate Bill 90 (SB 90-A) Page 2
shorthand reporter unless the person has received a certificate
as a certified shorthand reporter under ORS 8.415 to 8.455 and
policies of the administrator that is not revoked, suspended or
lapsed.
SECTION 4. ORS 8.440 is amended to read:
8.440. (1) The State Court Administrator may:
(a) Revoke, suspend or refuse to issue any certificate
described in ORS 8.415 to 8.455 or policies of the administrator.
(b) Require additional education or training.
(2) The administrator may revoke, suspend or refuse to issue
any certificate described in ORS 8.415 to 8.455 or policies of
the administrator in the case of a violation of any provision of
ORS 8.415 to 8.455 or policies of the administrator.
(3) The administrator may require additional education or
training if the administrator finds the person engages in or has
engaged in conduct that evidences a lack of knowledge or ability
to apply skills of { - shorthand - } { + stenographic
reporting or voicewriting + } reporting.
SECTION 5. ORS 8.445 is amended to read:
8.445. { - (1) The State Court Administrator shall establish
a fee schedule for fees authorized by ORS 8.415 to 8.455, as
follows: - }
{ - (a) Not to exceed $100 for initial registration. - }
{ - (b) Not to exceed $100 for biennial renewal. - }
{ - (c) Not to exceed $100 for the examination. - }
{ + (1) The State Court Administrator shall establish and
collect reasonable fees for applications, examinations,
certifications and renewals of certification authorized by ORS
8.415 to 8.455. + }
(2) Fees { + collected under this section + } are
nonrefundable.
(3) { - Subject to a report to the Emergency Board prior to
adopting the fees and charges, - } The fees { - and
charges - } established under this section { - shall - }
{ + may + } not exceed the cost of administering and enforcing
ORS 8.415 to 8.455 { - , consistent with the budget authorized
by the Legislative Assembly, as that budget may be modified by
the Emergency Board - } .
SECTION 6. ORS 8.455 is amended to read:
8.455. (1) There is created a Certified Shorthand Reporters
Advisory Committee consisting of { + no more than + } seven
members appointed by the State Court Administrator { + . At
least + } { - as follows: - }
{ - (a) - } four members of the advisory committee shall be
persons skilled in the practice of { - shorthand - }
{ + stenographic reporting or voicewriting + } reporting and
shall have been engaged continuously in the practice of
{ - shorthand - } { + stenographic reporting or
voicewriting + } reporting for a period of not less than five
years prior to the date of appointment as a member of the
advisory committee. Appointees { - shall - } { + must + } be
certified under ORS 8.415 to 8.455. { - Of the shorthand
reporter members, two shall be official reporters and two shall
be free-lance reporters; - }
{ - (b) Two members of the advisory committee shall be
members of the Oregon State Bar; and - }
{ - (c) One member of the advisory committee shall be a
public member and not be a reporter or a member of the Oregon
State Bar or related thereto. The public member is entitled to
compensation and expenses as provided in ORS 292.495. - }
Enrolled Senate Bill 90 (SB 90-A) Page 3
(2) The term of a member of the advisory committee shall be
three years. A member is eligible for reappointment to the
advisory committee. Vacancies occurring shall be filled by
appointment for the unexpired term.
(3) The advisory committee shall organize by the election of
one of its members as president and one as secretary.
(4) A majority of the advisory committee shall constitute a
quorum for all purposes.
SECTION 7. { + ORS 8.430 is repealed. + }
SECTION 8. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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Passed by Senate April 29, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House June 12, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 90 (SB 90-A) Page 4
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 90 (SB 90-A) Page 5
