1998 Legislation
Print Friendly

SENATE BILL NO. 1442 – Court records, copies, cost


View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact

Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History

S1442................................................by JUDICIARY AND RULES
COURT RECORDS - Amends existing law to increase the amount to be charged by
court reporters for providing transcripts of court proceedings from $2.00
per page to $3.25 per page.

02/12    Senate intro - 1st rdg - to printing
02/13    Rpt prt - to Jud
02/23    Rpt out - rec d/p - to 2nd rdg
02/24    2nd rdg - to 3rd rdg
02/27    3rd rdg - PASSED - 27-7-1
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Deide, Dunklin, Geddes, Ingram, Keough,
      King, Lee, McLaughlin, Parry, Richardson, Riggs, Risch, Sandy,
      Sorensen, Sweeney, Thorne, Twiggs, Wheeler
      NAYS--Frasure, Hansen, Hawkins, Noh, Schroeder, Stennett, Whitworth
      Absent and excused--Ipsen
    Floor Sponsors - Bunderson, Darrington
    Title apvd - to House
03/02    House intro - 1st rdg - to Jud
03/16    Rpt out - rec d/p - to 2nd rdg
03/17    2nd rdg - to 3rd rdg
03/18    3rd rdg - PASSED - 52-9-9
      AYES -- Barraclough, Bell, Bieter, Bivens, Black(15), Black(23),
      Bruneel, Callister, Campbell, Chase, Clark, Deal, Denney, Ellsworth,
      Field(13), Field(20), Gagner, Gould, Hadley, Henbest, Hornbeck,
      Jaquet, Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell,
      Kjellander, Linford, Loertscher, Mader, Marley, Meyer, Miller,
      Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman, Robison,
      Sali, Schaefer, Stone, Stubbs, Taylor, Tilman, Tippets, Watson,
      Zimmermann, Mr Speaker
      NAYS -- Barrett, Geddes, Lake, McKague, Ridinger, Stevenson,
      Stoicheff, Wheeler, Wood
      Absent and excused -- Alltus, Boe, Crane, Crow, Cuddy, Hansen,
      Jones(9), Kunz, Trail
    Floor Sponsor - Field(13)
    Title apvd - to Senate
03/19    To enrol
03/20    Rpt enrol - Pres signed
    Sp signed - to Governor
03/31    Governor VETOED

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998

                                      IN THE SENATE

                                   SENATE BILL NO. 1442

                             BY JUDICIARY AND RULES COMMITTEE

 1                                        AN ACT

 4    Be It Enacted by the Legislature of the State of Idaho:

 5        SECTION  1.  That  Section  1-1105, Idaho Code, be, and the same is hereby
 6    amended to read as follows:

 7        1-1105.  COPY OF RECORD -- EFFECT -- CHARGE FOR FURNISHING. 1. It shall be
 8    the duty of each reporter to furnish, upon order of  the  court  entered  upon
 9    written  application  being made therefor by any attorney of record in a suit,
10    or any party to a suit, in which a stenographic record has been made, a  type-
11    written  copy, or copies, of the record, or any part thereof, upon the payment
12    by such attorney, or party, of the cost thereof, as provided in  subdivi-
13    sion 2 hereof   subsection 2.  of  this  section  ,  to  such
14    reporter,  which  payment  shall  be retained by the reporter as a part of his
15    compensation and in addition to his salary allowed by  section  1-1102,  Idaho
16    Code.  Said  copy, or copies, shall, when properly certified by said reporter,
17    constitute prima facie the minutes of the  court,  and  may  be  used  on  all
18    motions for new trials, review or appeal, when the minutes of the court may be
19    used; and the cost of which may, when the same is used on review or appeal, be
20    charged  as  costs  in  a civil case against the party finally defeated in the
21    action.
22        2.  That in all actions such reporter shall charge and receive, and retain
23    as provided in  subdivision 1 hereof   subsection 1.  of  this
24    section  ,  two   three  dollars  and twenty-
25    five cents  ($ 2.00  3.25 ) per page for the tran-
26    script to be prepared in the style and with the number of copies  as  directed
27    by    R  r ule of the  S  s upreme
28     C  c ourt; provided, however, that when such transcript
29    is requested by a defendant or his attorney on an appeal in a criminal  action
30    where  after  conviction, it appears to the satisfaction of the district court
31    that the accused is poor and unable to procure such transcript, the court must
32    direct payment to such court reporter of the page charge in  this  subdivision
33    provided, from the county treasury.

Statement of Purpose / Fiscal Impact


                           STATEMENT OF PURPOSE
                                 RS 07645
    The purpose of this legislation is to increase the per page appellate transcription rate from 
    $2.00 to $3.25 per page. It has been 18 years since the last increase and the current rate is 
    far below that of surrounding states and the current private sector rates in Idaho. Unlike 
    other state employees, court reporters furnish their own equipment necessary to their 
    employment. Today's court reporters are required to use expensive computers and 
    software unlike their counterparts of 18 years ago who used typewriters to prepare 
    This legislation will allow Idaho to keep and attract quality court reporters to work in our 
    judicial system by compensating them commensurate with surrounding states and assist 
    them in keeping current with today's specialized reporting technology.
                                FISCAL NOTE
    No fiscal impact on the general fund.
    There will be an impact to each county's district court fund. Based upon the number of 
    appellate transcript pages filed with the Idaho Supreme Court in 1996, it is estimated that 
    there will be an overall annual increase of $96,000 which would be apportioned between 
    Idaho counties depending on the number of indigent appeals filed within each specific 
    county. There will also be an estimated annual increase of $32,000 which would be paid by 
    those litigants who are not indigent using the appellate process.
    CONTACT: Vicki Patterson
             Idaho Court Reporters Association
             345-5200 or 343~6444
    S 1442