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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.
Speaker
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
]]]] 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
2 RELATING TO CERTIFIED SHORTHAND REPORTERS; AMENDING SECTION 54-3104, IDAHO
3 CODE, TO REQUIRE REPORTERS TO OBTAIN REGULAR CERTIFICATION, TO PROVIDE
4 CORRECT TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS.
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
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
certification.
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