1999 Legislation
Print Friendly

HOUSE BILL NO. 112 – Court records, copies, cost

HOUSE BILL NO. 112

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



H0112................................by JUDICIARY, RULES AND ADMINISTRATION
COURT RECORDS - Amends existing law to increase the amount court reporters
may charge for providing transcripts of court proceedings from $2.00 per
page to $3.25 per page.

01/26    House intro - 1st rdg - to printing
01/27    Rpt prt - to Jud
02/12    Rpt out - rec d/p - to 2nd rdg
02/15    2nd rdg - to 3rd rdg
02/17    3rd rdg - PASSED - 42-23-4
      AYES -- Black, Boe, Bruneel, Campbell, Chase, Clark, Cuddy, Deal,
      Ellsworth, Field(13), Field(20), Gagner, Hadley, Hammond, Hansen(29),
      Henbest, Hornbeck, Jaquet, Jones, Kellogg, Kempton, Kunz, Loertscher,
      Mader, Marley, Meyer, Mortensen, Pischner, Reynolds, Ridinger, Ringo,
      Robison, Sali, Smith, Stoicheff, Stone, Taylor(Taylor), Tippets,
      Trail, Williams, Zimmermann, Mr Speaker
      NAYS -- Alltus, Barraclough, Barrett, Bell, Bieter, Callister, Crow,
      Denney, Geddes, Hansen(23), Judd, Kendell, Lake, Limbaugh, McKague,
      Moyle, Pomeroy, Schaefer, Sellman, Stevenson, Tilman, Watson, Wheeler
      Absent and excused -- Gould, Linford, Montgomery, Wood
    Dist. 15, Seat A, Vacant
    Floor Sponsor - Field(13)
    Title apvd - to Senate
02/18    Senate intro - 1st rdg - to Jud
03/01    Rpt out - rec d/p - to 2nd rdg
03/02    2nd rdg - to 3rd rdg
03/09    3rd rdg - PASSED - 24-9-2
      AYES--Bunderson, Cameron, Crow, Danielson, Darrington, Davis, Deide,
      Dunklin, Frasure, Geddes, Ingram, King, Lee, McLaughlin, Noh,
      Richardson, Riggs, Risch, Schroeder, Sorensen, Stegner, Stennett,
      Wheeler, Whitworth
      NAYS--Andreason, Boatright, Branch, Burtenshaw, Hawkins, Keough,
      Sandy, Thorne, Twiggs
      Absent and excused--Ipsen, Parry
    Floor Sponsor - Dunklin
    Title apvd - to House
03/10    To enrol
03/11    Rpt enrol - Sp signed
03/12    Pres signed
03/15    To Governor
03/17    Governor signed
         Session Law Chapter 71
         Effective: 07/01/99

Bill Text


H0112


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 112

                     BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE

 1                                        AN ACT
 2    RELATING TO COPIES OF CERTAIN COURT RECORDS; AMENDING  SECTION  1-1105,  IDAHO
 3        CODE,  TO  INCREASE  THE CHARGE PER PAGE FROM TWO DOLLARS TO THREE DOLLARS
 4        AND TWENTY-FIVE CENTS AND TO MAKE TECHNICAL CORRECTIONS.

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

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

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

Statement of Purpose / Fiscal Impact


                        STATEMENT OF PURPOSE

                              RS 08687

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 19 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 transcripts.

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: Rep. Debbie Field
                332-1000
                Vicki Patterson
                Idaho Court Reporters Assoc.
                345-5200 or 343-6444
        
                                      STATEMENT OF PURPOSE/ FISCAL NOTE  Bill No.  H 112