Bill description: HB 46 would allow for shorthand reporters to obtain licensure by endorsement and would expand the testing options available.
Does it violate the principle of equal protection under the law? Examples include laws which discriminate or differentiate based on age, gender, or religion or which apply laws, regulations, rules, or penalties differently based on such characteristics. Conversely, does it restore or protect the principle of equal protection under the law?
HB 46 would specify by name the Certified Realtime Captioner (CRC) examination as an examination accepted by the board for licensure. The CRC examination is offered by a private industry group, the National Court Reporters Association (NCRA). The NCRA also operates the other four examinations which applicants can complete to obtain their license. By specifically singling out the CRC examination and by extension the private association in Idaho Code, this legislation would provide preferential treatment to this organization at the expense of others who would compete with it.
Does it increase barriers to entry into the market? Examples include occupational licensure, the minimum wage, and restrictions on home businesses. Conversely, does it remove barriers to entry into the market?
HB 46 would allow individuals who hold a shorthand reporting license from another state to obtain their license in Idaho without having to go through the complete application process. In order to receive their licensure by endorsement from out of state, applicants would simply have to provide documentation that they have passed one of the tests accepted by the board and that they have worked as a shorthand reporter for at least three of the last five years.
Applicants would be required to show that they are “of good moral character” before receiving a license by endorsement. This requirement is a broad limitation, allowing the board to deny a license for anything the board desires, whether or not it pertains to the practice of shorthand reporting. If an applicant has had a divorce, been convicted of a minor misdemeanor or had a disciplinary action taken against them many years ago, the board could refuse to grant a license.
HB 46 would ease the barrier to obtaining licensure by allowing applicants to take the aforementioned CRC examination. If the CRC exam is the best fit for an applicant and for the work they hope to accomplish, this legislation would open the door to allow for that.
Update: This analysis was updated on February 12 to include the final point.
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