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S1016................................................by JUDICIARY AND RULES
COURTS OF RECORD - Amends existing law relating to courts of record to
provide a correct code reference.
01/17 Senate intro - 1st rdg - to printing
01/18 Rpt prt - to Jud
02/01 Rpt out - rec d/p - to 2nd rdg
02/02 2nd rdg - to 3rd rdg
02/07 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Gannon, Geddes, Goedde, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai, Marley, McGee, McKenzie, Noble, Pearce, Richardson,
Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Hill
Floor Sponsor - Jorgenson
Title apvd - to House
02/08 House intro - 1st rdg - to Jud
03/02 Rpt out - rec d/p - to 2nd rdg
03/03 2nd rdg - to 3rd rdg
03/09 3rd rdg - PASSED - 66-0-4
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bell,
Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark,
Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
Jaquet, Jones, Kemp, LeFavour, Loertscher, Martinez, Mathews,
McGeachin, McKague, Miller, Mitchell, Nielsen, Nonini, Pasley-Stuart,
Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler,
Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Bedke, Lake, Moyle, Smith(24)
Floor Sponsor - Boe
Title apvd - to Senate
03/10 To enrol
03/11 Rpt enrol - Pres signed
03/14 Sp signed
03/15 To Governor
03/21 Governor signed
Session Law Chapter 95
Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1016
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO COURTS; AMENDING SECTION 1-102, IDAHO CODE, TO PROVIDE A CORRECT
3 CODE REFERENCE.
4 Be It Enacted by the Legislature of the State of Idaho:
5 SECTION 1. That Section 1-102, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 1-102. COURTS OF RECORD. The courts enumerated in the first three (3)
8 subdivisions of the preceding section 1-101, Idaho Code, are courts of record.
STATEMENT OF PURPOSE
RS 14531
This bill is one of a series of bills that the Supreme Court has recommended in
its annual report to the Governor concerning defects or omissions in the laws,
as required under article V, section 25 of the Idaho Constitution.
In 1969, when the magistrate's division of the district courts was created,
Idaho Code 1-101 was amended to list the courts of justice as follows: (1)
The Supreme Court. (2) The district courts. (3) The magistrate's division of
the district courts. Idaho Code 1-102, then as now, said, "The courts
enumerated in the first three (3) subdivisions of the preceding section are
courts of record." Thus, the magistrate's division was, from its beginning, a
court of record. But in 1983, the list of courts in Idaho Code 1-101 was
changed to read: "1. The Supreme Court. 2. The Court of Appeals. 3. The
district courts. 4. The magistrate's division of the district courts." The
insertion of the reference to the Court of Appeals pushed the magistrate's
division down to the fourth spot. Unfortunately, Idaho Code 1-102 was not
amended at that time. This could lead to the impression that the magistrate's
division is not a court of record. This bill would make clear that the
magistrate's division of the district court is a court of record, and that its
judgments and orders are entitled to the corresponding respect and effect.
FISCAL IMPACT
There will be no fiscal impact as a result of this legislation.
Contact Person:
Patricia Tobias
Administrative Director of the Courts
(208) 334-2246
STATEMENT OF PURPOSE/FISCAL NOTE S 1016