2005 Legislation
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HOUSE BILL NO. 155 – Shorthand reporters, exams

HOUSE BILL NO. 155

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H0155................................by JUDICIARY, RULES AND ADMINISTRATION
SHORTHAND REPORTERS - Amends existing law relating to the Certified
Shorthand Reporters Act to clarify a definition; to revise examination
requirements; to delete language providing for experience qualifications as
established by rule; to increase the maximum reinstatement fee; to provide
for a fee for examination preparation materials; and to revise provisions
applicable to the conduct of examinations.
                                                                        
02/10    House intro - 1st rdg - to printing
02/11    Rpt prt - to Jud
02/22    Rpt out - rec d/p - to 2nd rdg
02/23    2nd rdg - to 3rd rdg
03/01    3rd rdg - PASSED - 64-4-2
      AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell,
      Bilbao, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Crow,
      Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),
      Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Jones, Kemp,
      Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, Miller,
      Mitchell, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring,
      Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2),
      Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie,
      Snodgrass, Stevenson, Trail, Wills, Mr. Speaker
      NAYS -- Barrett, McKague, Moyle, Wood
      Absent and excused -- Black, Collins
    Floor Sponsor - LeFavour
    Title apvd - to Senate
03/02    Senate intro - 1st rdg - to Jud
03/10    Rpt out - rec d/p - to 2nd rdg
03/11    2nd rdg - to 3rd rdg
03/14    3rd rdg - PASSED - 34-0-0, 1 vacancy
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
      Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- (District 21 seat vacant)
    Floor Sponsor - Kelly
    Title apvd - to House
03/14    To enrol
03/15    Rpt enrol - Sp signed
03/16    Pres signed
03/17    To Governor
03/21    Governor signed
         Session Law Chapter 84
         Effective: 07/01/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 155
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE CERTIFIED SHORTHAND REPORTERS ACT; AMENDING  SECTION  54-3102,
  3        IDAHO CODE, TO CLARIFY A DEFINITION; AMENDING SECTION 54-3108, IDAHO CODE,
  4        TO  REVISE  EXAMINATION REQUIREMENTS, TO DELETE LANGUAGE EXEMPTING CERTAIN
  5        APPLICANTS FROM EXAMINATION REQUIREMENTS AND TO  MAKE  TECHNICAL  CHANGES;
  6        AMENDING  SECTION  54-3109, IDAHO CODE, TO UPDATE REFERENCES AND TO DELETE
  7        LANGUAGE PROVIDING FOR EXPERIENCE QUALIFICATIONS AS ESTABLISHED  BY  RULE;
  8        AMENDING  SECTION  54-3110, IDAHO CODE, TO INCREASE THE MAXIMUM REINSTATE-
  9        MENT FEE AND TO PROVIDE FOR A FEE FOR EXAMINATION  PREPARATION  MATERIALS;
 10        AND  AMENDING SECTION 54-3111, IDAHO CODE, TO REVISE PROVISIONS APPLICABLE
 11        TO THE CONDUCT OF EXAMINATIONS.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 13        SECTION 1.  That Section 54-3102, Idaho Code, be, and the same  is  hereby
 14    amended to read as follows:
                                                                        
 15        54-3102.  DEFINITIONS.  Unless  otherwise  expressly  stated, when used in
 16    this act the following words and phrases shall have the following meanings:
 17        (a)  "Shorthand reporting" means the making of written symbols or abbrevi-
 18    ations in shorthand or machine shorthand writing of a verbatim record  of  any
 19    oral court proceedings, deposition, or proceedings before any grand jury, ref-
 20    eree, or court commissioner, contemporaneous with the event.
 21        (b)  "Certified shorthand reporter" or its abbreviation "C.S.R." means any
 22    person  holding  a  valid  regular  or  temporary  certificate  as a shorthand
 23    reporter as provided in this act.
 24        (c)  "Board" means the state certified shorthand reporters board.
 25        (d)  "Official court reporter" means the official court reporter of a fed-
 26    eral district court in the state or the district court reporter of  any  state
 27    district  court, but does not include any reporter of the magistrates division
 28    of any state district court.
 29        (e)  "Freelance reporter" means any  shorthand  reporter  engaged  in  the
 30    practice  of shorthand reporting as defined in this act who is not an official
 31    court reporter.
 32        (f)  "Available" means physically present at the time and place  indicated
 33    or that the person could be physically present at the time and place indicated
 34    if a specific request was made.
                                                                        
 35        SECTION  2.  That  Section 54-3108, Idaho Code, be, and the same is hereby
 36    amended to read as follows:
                                                                        
 37        54-3108.  QUALIFICATIONS -- CERTIFICATION WITHOUT REQUIRED EXAMINATION  --
 38    RENEWAL  OF  CERTIFICATES. (1) Applicants for certification must take and pass
 39    the Idaho certified shorthand reporter examination. Alternatively,  applicants
 40    for  certification  must  provide  proof, satisfactory to the board, of having
 41    passed one (1) of the following examinations within the two (2) years prior to
                                                                        
                                           2
                                                                        
  1    the date of the application:
  2        (a)  The registered professional reporter (RPR) examination;
  3        (b)  The registered merit reporter (RMR) examination;
  4        (c)  The registered diplomate reporter (RDR) examination; or
  5        (d)  The certified realtime reporter (CRR) examination.
  6        (2)  Any applicant who is a citizen of the United  States  of  good  moral
  7    character,  having  graduated  from an accredited high school or having had an
  8    equivalent education, and having passed a  reporters'  examination  as  herein
  9    provided  shall  be entitled to receive a certificate as a certified shorthand
 10    reporter upon payment of the fees required by this act. All applications shall
 11    be in such form as prescribed by the board and filed with the board  at  least
 12    thirty  (30)  days  prior to the announced date of the reporters' examination.
 13    The board in  its  discretion  may  make  such  additional  investigation  and
 14    inquiry,  or  require  additional  information from the applicant, as it shall
 15    deem necessary in determining the qualifications of the applicant.  The  board
 16    shall thereupon notify the applicant as to whether his application to take the
 17    reporters' examination is accepted.
 18        (b)   Any applicant who was an official court reporter within the state of
 19    Idaho  upon  the effective date of this act and any freelance reporter who has
 20    been in the active practice of shorthand reporting for at least one  (1)  year
 21    within the state of Idaho immediately preceding the effective date of this act
 22    shall  not be required to take or pass the reporters' examination but shall be
 23    entitled to a regular certified shorthand reporter certificate upon  filing  a
 24    proper application showing that he possesses the other required qualifications
 25    and upon paying the fees required by this chapter.
 26        (c3)  All  regular  certified  shorthand  reporter  certificates  shall be
 27    issued for a period of one (1) year and shall be renewable upon payment of the
 28    renewal fee prescribed in section  54-3110,  Idaho  Code,  for  an  additional
 29    period of one (1) year.
                                                                        
 30        SECTION  3.  That  Section 54-3109, Idaho Code, be, and the same is hereby
 31    amended to read as follows:
                                                                        
 32        54-3109.  QUALIFICATIONS FOR TEMPORARY CERTIFICATION  --  RENEWAL.  (1)  A
 33    temporary  certified shorthand reporter certificate may be issued to an appli-
 34    cant who pays the fees required by the provisions of this chapter and who:
 35        (a)  Is of good moral character; and
 36        (b)  Has graduated from an accredited high school  or  has  an  equivalent
 37        education; and
 38             (ci)  Is  currently  licensed  in good standing in another state as a
 39             certified shorthand reporter, or its  equivalent,  or  has  otherwise
 40             demonstrated  his  proficiency  by  a  certificate  from an agency of
 41             another state,; or
 42             (ii)  Hhas graduated from a national shorthand court reporters  asso-
 43             ciation (NSCRA) approved school.; and
 44        (d)  Meets  the  experience qualifications that the board may establish by
 45        rule.
 46        (2)  The application shall be upon such form as prescribed  by  the  board
 47    and the board may in its discretion make additional investigation and inquiry,
 48    or  require further information from the applicant, as it shall deem necessary
 49    in order to make a determination of the qualifications of the applicant.
 50        (3)  All temporary certified  shorthand  reporter  certificates  shall  be
 51    issued  for  a  period of one (1) year and may be renewable for a single addi-
 52    tional period of one (1) year upon the payment of the fees prescribed in  sec-
 53    tion 54-3110, Idaho Code, and upon a showing of just cause.
                                                                        
                                           3
                                                                        
  1        SECTION  4.  That  Section 54-3110, Idaho Code, be, and the same is hereby
  2    amended to read as follows:
                                                                        
  3        54-3110.  FEES. The board shall be entitled to charge and collect the fol-
  4    lowing fees:
  5        (a)  The sum of fifty dollars ($50.00) as an application fee for any  tem-
  6    porary or regular certificate.
  7        (b)  The  sum  of  fifty  dollars  ($50.00)  as an examination fee for the
  8    administration of the reporters' examination to any applicant.
  9        (c)  A sum not to exceed seventy-five dollars ($75.00) as  a  renewal  fee
 10    for any regular or temporary certificate.
 11        (d)  A  sum  not  to exceed forty one hundred dollars ($40.100) as a rein-
 12    statement fee for any application for reinstatement of a temporary or  regular
 13    certificate which has been revoked or suspended.
 14        (e)  The  failure to renew a certificate annually as provided in this sec-
 15    tion and sections 54-3108 and 54-3109, Idaho Code, shall not deprive such per-
 16    son of the right of renewal, but the fee to be paid for the renewal of a  cer-
 17    tificate  after  the due date shall be increased twenty percent (20%) for each
 18    month or fraction of a month that payment of  renewal  is  delayed;  provided,
 19    however,  that  the maximum fee for delayed renewal shall not exceed twice the
 20    renewal fee for each year delinquent.
 21        (f)  A sum not to exceed twenty dollars ($20.00) as a fee for  examination
 22    preparation materials.
                                                                        
 23        SECTION  5.  That  Section 54-3111, Idaho Code, be, and the same is hereby
 24    amended to read as follows:
                                                                        
 25        54-3111.  EXAMINATIONS. (a) The board shall hold conduct the Idaho  certi-
 26    fied  shorthand  reporter  examination at least one (1) reporters' examination
 27    during each once every year and may hold such conduct additional examinations.
 28    as are necessary. The secretary shall give public notice of the time and place
 29    of each examination at least one hundred twenty (120) days in advance  of  the
 30    date  set  for  the examination and any person desiring to take the reporters'
 31    examination must file his application with the board at least thirty (30) days
 32    prior to the date of the examination.
 33        (b)  The preparation, administration and grading of the examination  shall
 34    be  governed  by rules prescribed by the board, but the board may, in its dis-
 35    cretion, engage the national shorthand reporters association to  conduct  such
 36    examination  under  supervision  of the board. Upon determining the results of
 37    the examination, the board shall notify each examinee as to whether he  passed
 38    or  failed the examination by written notice mailed to the applicant by certi-
 39    fied mail to his address indicated in his application.

Statement of Purpose / Fiscal Impact


                     STATEMENT  OF  PURPOSE

                            RS 14385

This bill is necessary to update the provisions of the Certified
Shorthand Reporters statutes to accurately reflect current board
policies and procedures. 


                           FISCAL NOTE

The proposed increase in reinstatement fee will not result in any
impact to the state general fund.  Increase from $40.00 to
$100.00,with a difference of $60.00, will impact approximately five
individuals requiring reinstatement per year at the cost of $100.00
per individual.

The proposed fee for practice examination materials will not result
in any impact to the state general fund.  The estimated impact of
25 individuals at $20.00 per year wanting material is $500.00. The
fee will permit the Board to recoup its expenses in producing and
mailing practice examination materials for those individuals who
request them.



CONTACT   
Name:     Margaret Odedo
Agency:   Certified Shorthand Reporters
Phone:    (208) 334-2517


Statement of Purpose/Fiscal Note                     H 155