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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 precedingsection 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