Oklahoma 2022 Regular Session

Oklahoma House Bill HB3812 Compare Versions

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Version 2 (New)

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1		-	An Act
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3	34		BILL NO. 3812 By: Stinson of the House
4	35
5	36		and
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7	38		Stanley of the Senate
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14	43		An Act relating to courts; amending 20 O.S. 202 1,
15	44		Sections 106.3B and 1503.1, which relate to court
16	45		reporters; updating references; modifying process for
17	46		temporary appointment; and removing certain
18	47		continuing education requirement .
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23		-	SUBJECT: Courts
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25	53		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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27	54		SECTION 1. AMENDATORY 20 O.S. 2021, Section 106. 3B, is
28	55		amended to read as follows:
29		-
30	56		Section 106.3B Only the following persons may act and are
31	57		eligible for appointment on a fu ll-time or part-time basis as
32	58		official court reporters for th e courts, including the Workers '
33	59		Compensation Court Commission, Workers' Compensation Court of
34	60		Existing Claims, and the Corporation Commission:
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36	61		a. 1. Persons now certified or hereafter certified by the State
37	62		Board of Examiners of Certified Shorthand Reporters shall be given
38	63		primary consideration for appointment;
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40	91		b. 2. Persons who, prior to July 1, 1978, were licensed as
41	92		licensed shorthand reporters by the State Board of Examiners of
42	93		Certified Shorthand Reporters sh all be given secondary consideration
43	94		for appointment;
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45	95		c. 3. Persons who, prior to July 1, 1978, were acting s horthand
46		-	reporters under a certificate issued by the Chief Justice; ENR. H. B. NO. 3812 Page 2
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	96	+	reporters under a certificate issued by the Chief Justice;
48	97		d. 4. When no person eligible for appointment as an offic ial
49	98		court reporter, as provided above, is available for appoi ntment, a
50	99		presiding judge or a district judge may make application to the
51	100		Chief Justice to appoint a shorthand reporter on a temporary basis.
52	101		The candidate must file with the State Board of Exam iners of
53	102		Certified Shorthand Reporters a properly completed a pplication for a
54	103		temporary certificate, along with any other supporti ng documents or
55	104		information required by the Board, and shall pay the applicable
56	105		examination fee as set forth in the fee schedu le issued by the Board
57	106		which shall be deposited with the Cler k of the Supreme Court. The
58	107		Board shall advise the Chief Justice if the applicant is recommended
59	108		for a temporary certificate. The Chief Justice may issue a
60	109		temporary certificate valid for not m ore than twelve (12) mo nths,
61	110		upon payment of a fee of Fifty D ollars ($50.00) and a fee of
62	111		Seventy-five Dollars ($75.00) for the ce rtified shorthand reporter
63	112		examination which will be deposited with the Clerk of the Supreme
64	113		Court. The temporary certificate shall be nonrenewable, except in
65	114		emergency situations as det ermined by the Chief Justice and for no
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66	142		longer than ninety (90) addit ional days. Absent good cause shown as
67	143		determined by the State Board of Examiners of Certified Shorthand
68	144		Reporters, a tempora ry certificate holder s hall sit for at least one
69	145		Oklahoma certified shorthand reporter examination administered
70	146		during the term of the temporary certificate. The holder shall be
71	147		required to transcribe the examination, and the examination results
72	148		of such transcription shall be reported to the holder 's supervisory
73	149		judge;
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75	150		e. 5. The appointment of an official court reporter by a
76	151		district or presiding judge shall be subject to the approval of the
77	152		Chief Justice. Before giving his approval to the appointment, t he
78	153		Chief Justice shall determine, with the aid of the Adminis trative
79	154		Director of the Courts, that the appointing judge has given p roper
80	155		consideration to the statutory preference accorded herein to
81	156		certified and licensed reporters; and
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83	157		f. 6. A temporary court reporter, either wh ile so serving or
84	158		after the expiration of this appointment, shall be required to
85	159		transcribe any testimony a nd other proceedings taken by him and to
86	160		certify that the transcription is true and correct. A transcript
87	161		certified by a temporary court reporter sh all have the same effect
88	162		as one certified by a regular court reporter.
	163	+	SECTION 2. AMENDATORY 20 O.S. 2021, Section 1503.1, is
	164	+	amended to read as follows:
89	165
90		-	SECTION 2. AMENDATORY 20 O.S. 2021, Section 1503.1, is
91		-	amended to read as follows: ENR. H. B. NO. 3812 Page 3
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93	192		Section 1503.1 A. Every certified shorthand reporte r and every
94	193		court reporter temporarily employed by the distri ct court, Workers'
95	194		Compensation Court Commission, Workers' Compensati on Court of
96	195		Existing Claims, or Corporation Commission shall annually complete
97	196		at least four (4) hours of continuing education approved by the
98	197		State Board of Examiners of Certified Shorthand Reporters. Included
99	198		in the four-hour minimum requirement for eve ry official shorthand
100	199		reporter and every court reporter temporarily employed by the
101	200		district court, Workers ' Compensation Court, or Corporation
102	201		Commission at least one (1) hour shall relate to Oklahoma court
103	202		rules and procedures. All four (4) hours of con tinuing education
104	203		shall be approved by the State Board of Examiners of Certified
105	204		Shorthand Reporters.
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107	205		B. A certified shorthan d reporter or court reporter is exempt
108	206		from the requirements of subsection A of this section if the
109	207		reporter verifies under oath t o the State Board of Examiners of
110	208		Certified Shorthand Reporters that he or she:
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112	209		1. Has attained the age of sixty -five (65) before or during the
113	210		calendar year for which the reporter seeks an exemption;
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115		-	2. Is a member of the Armed Forces on full-time active duty
116		-	during the entire calendar year for which the reporter seeks an
117		-	exemption; or
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	211	+	2. Is a member of the armed forces Armed Forces on full-time
	212	+	active duty during the entire calendar year for which the reporter
	213	+	seeks an exemption; or
119	214		3. Has provided written verification by a licensed physician
120	215		that a medical condit ion has prevented the court reporter from
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121	243		working in such capacity and comp leting continuing education for the
122	244		calendar year for which the reporter seeks an exemption.
123		-	ENR. H. B. NO. 3812 Page 4
124		-	Passed the House of Representatives the 14th day of March, 2022.
125		-
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129		-	Presiding Officer of the House
130		-	of Representatives
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133		-	Passed the Senate the 26th day of April, 2022.
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138		-	Presiding Officer of the Senate
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142		-	OFFICE OF THE GOVERNOR
143		-	Received by the Office of the Governor this ____________________
144		-	day of ___________________, 20_______, at _______ o'clock _______ M.
145		-	By: _________________________________
146		-	Approved by the Governor of th e State of Oklahoma this _________
147		-	day of ___________________, 20_______, at _______ o'clock _______ M.
148		-
149		-
150		-	_________________________________
151		-	Governor of the State of Oklahoma
152		-
153		-	OFFICE OF THE SECRETARY OF STATE
154		-	Received by the Office of the Secretary of Sta te this __________
155		-	day of ___________________, 20_______, at _______ o'clock _______ M.
156		-	By: _________________________________
157		-
	245	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
	246	+	March 29, 2022 - DO PASS