MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Judiciary A

By: Representatives Stevens, Chism, Clarke, Frierson, Masterson, Montgomery (74th)

AN ACT TO AMEND SECTION 9-13-107, MISSISSIPPI CODE OF 1972, TO DEFINE THE PRACTICE OF COURT REPORTING; TO PROHIBIT THE UNAUTHORIZED PRACTICE OF COURT REPORTING; TO PROVIDE PENALTIES FOR THE UNAUTHORIZED PRACTICE OF COURT REPORTING; TO PROVIDE THAT FINES COLLECTED FOR VIOLATIONS OF THIS SECTION SHALL BE PLACED IN A SPECIAL FUND; TO AMEND SECTION 9-13-121, MISSISSIPPI CODE OF 1972, TO REVISE THE DURATION OF A TEMPORARY PERMIT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 9-13-107, Mississippi Code of 1972, is amended as follows:

9-13-107. (1) No person shall be qualified or authorized to report 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, unless such person satisfies the provisions of Sections 10 through 20 of this act with respect to certification. Sections 10 through 20 of this act shall not be construed to apply to any proceedings that take place outside the borders of the State of Mississippi.

(2) Every applicant for examination for certification as a Certified Shorthand Reporter shall file with the person designated by the board a written application in the form prescribed by the board. At the time the application is filed, the applicant shall pay to the board an application fee established by regulation, which fee shall not be subject to withdrawal by the applicant in the event he should decide not to take the examination or is denied the right to take the examination. Upon request, the board shall forward to any interested person application forms together with the text of this act and copies of regulations promulgated by the board under the provisions of this chapter.

(3) "Court Reporting" is defined as the practice of compiling a verbatim record of an oral judicial, administrative or legislative hearing, deposition or any other proceeding by shorthand, mechanical, electronic or other means.

(4) It shall be unlawful for any person to engage in the practice of court reporting who has not been certified under Sections 9-13-101 through 9-13-121. Any person who is found to be in violation of this provision, after a hearing conducted by the board in keeping with its regulations and consistent with due process considerations, shall be liable for a monetary penalty of not more than One Hundred Dollars ($100.00) per day for each day that the board has determined that the violation occurred. The fine shall be paid to the board by the violator or the firm employing the violator. Any monies collected by the board under this section shall be deposited into the special fund created in Section 9-13-119(2).

(5) Nothing in this section shall be construed as barring criminal prosecution for violation of the provisions of this chapter where such violations are deemed as criminal offenses in other statutes of this state or of the United States.

SECTION 2. Section 9-13-121, Mississippi Code of 1972, is amended as follows:

9-13-121. (1) Examinations for certification shall be given not less than each six (6) months, at a time and place designated by the board. Notification of such examinations shall be given each applicant in writing not less than thirty (30) days before examination date.

(2) Unsuccessful examinees may apply to the board for another examination by resubmission of their applications and payment of the fee to the board.

(3)  Temporary certificates issued by the board shall not exceed six (6) months in duration from the date of issue.

SECTION 3. This act shall take effect and be in force from and after July 1, 2000.