2005 Legislation
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SENATE BILL NO. 1016 – Courts of record, code reference


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Bill Status

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

Bill Text

  ]]]]              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
  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 / Fiscal Impact

                       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