2007 Legislation
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SENATE BILL NO. 1009 – Shorthand reporters, certification


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Bill Status

S1009................................................by JUDICIARY AND RULES
SHORTHAND REPORTERS - Amends existing law relating to certified shorthand
reporters to require reporters to obtain regular certification.
01/15    Senate intro - 1st rdg - to printing
01/16    Rpt prt - to Jud
01/22    Rpt out - rec d/p - to 2nd rdg
01/23    2nd rdg - to 3rd rdg
01/24    3rd rdg - PASSED - 32-0-3
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Cameron,
      Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde,
      Hammond, Heinrich, Hill, Kelly, Langhorst, Little, Lodge, Malepeai,
      McGee, McKague, McKenzie, Pearce, Richardson, Schroeder, Siddoway,
      Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Burkett, Jorgenson, Keough
    Floor Sponsor - Kelly
    Title apvd - to House
01/25    House intro - 1st rdg - to Jud
02/01    Rpt out - rec d/p - to 2nd rdg
02/02    2nd rdg - to 3rd rdg
02/05    3rd rdg - PASSED - 69-0-1
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
      Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart,
      Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
      Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, Mortimer,
      Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
      Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2),
      Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
      Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr.
      NAYS -- None
      Absent and excused -- McGeachin
    Floor Sponsor - Shirley
    Title apvd - to Senate
02/06    To enrol
02/07    Rpt enrol - Pres signed
02/08    Sp signed
02/09    To Governor
02/12    Governor signed
         Session Law Chapter 3
         Effective: 07/01/07

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                       IN THE SENATE
                                    SENATE BILL NO. 1009
                              BY JUDICIARY AND RULES COMMITTEE
  1                                        AN ACT
  5    Be It Enacted by the Legislature of the State of Idaho:
  6        SECTION 1.  That Section 54-3104, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
  8        54-3104.  EXCEPTIONS  TO CERTIFICATION REQUIREMENT. The provisions of this
  9    act chapter shall not apply to and shall not be construed to prohibit:
 10        (a1)  The appointment of a state district court reporter who is not a cer-
 11    tified shorthand reporter on a temporary basis in  accordance  with  and  upon
 12    condition as the Ssupreme Ccourt may prescribe by rule. Provided, in the event
 13    a  person  who has not obtained regular certification as a certified shorthand
 14    reporter is appointed as district court  reporter,  such  reporter  must  make
 15    application  for  regular  certification  under this act chapter within thirty
 16    (30) days of such appointment. If the reporter fails to obtain regular  certi-
 17    fication  as  a certified shorthand reporter by the second subsequent consecu-
 18    tive examination date by reason of his failure to pass the necessary  examina-
 19    tion,  or  otherwise,  then  such  person  shall  be removed as district court
 20    reporter and shall not be eligible for reappointment until he obtains a  regu-
 21    lar certificate as a certified shorthand reporter under this act chapter.
 22        (b2)  The  employment  and reporting of personnel in the magistrates divi-
 23    sion of any district court of the state who rely principally  upon  electronic
 24    tape recorders, stenomask, or similar mechanical contrivances to make a record
 25    of a hearing, trial or proceeding.
 26        (c3)  The  taking of an oral deposition by shorthand reporting by a person
 27    not a certified shorthand reporter if the party to the action or his  attorney
 28    certifies  at  the  commencement of the deposition that no certified shorthand
 29    reporter was available for reporting the deposition.
 30        (d4)  The employment of salaried, full-time  employees  of  a  prosecuting
 31    attorney  or  of  any  department  or  agency of the state to act as a hearing
 32    reporter for such official, department or agency.

Statement of Purpose / Fiscal Impact

                    STATEMENT OF PURPOSE

                          RS 16585

       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.  The
  Certified Shorthand Reporters Board issues two types of
  certifications for shorthand reporters, regular and
  temporary.  It was the intent of Idaho Code 54-3104 to
  require a district court reporter to pass an examination and
  obtain the more demanding regular certification no later
  than the second examination date following appointment as a
  district court reporter.  The literal language of the
  statute, however, can be interpreted to mean that a district
  court reporter may satisfy the requirement by obtaining
  merely a temporary certificate.  This bill would make clear
  that a district court reporter must obtain regular

                        FISCAL NOTE

       This bill would have no impact on the general fund.

  Contact Person:
  Patricia Tobias
  Administrative Director of the Courts
  (208) 334-2246                                       S 1009