Print Friendly HOUSE BILL NO. 409
– Shorthand rptr, certificate/permit
HOUSE BILL NO. 409
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H0409................................by JUDICIARY, RULES AND ADMINISTRATION
SHORTHAND REPORTERS - Amends and repeals existing law to provide intent; to
provide that a certificate to practice shorthand reporting is not
transferable; to provide that nominees to the Certified Shorthand Reporters
Board must possess a current certified shorthand reporter license; to
revise titles and elections of board officers; to revise recordkeeping; to
authorize the board to determine qualifications of applicants for
certificate renewal and to issue temporary permits; to authorize the board
to refuse to issue temporary permits and to refuse to issue, refuse to
renew or otherwise discipline any certificate or permit; to revise
applicant residency; to provide renewal and reinstatement of certificates;
to revise consequences of failure to renew certificates annually; to revise
judicial review; and to provide for deposit of fees.
01/24 House intro - 1st rdg - to printing
01/25 Rpt prt - to Jud
02/06 Rpt out - rec d/p - to 2nd rdg
02/07 2nd rdg - to 3rd rdg
02/13 3rd rdg - PASSED - 66-0-4
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
Harwood, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02),
Shepherd(08), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills, Wood(35)
NAYS -- None
Absent and excused -- Boe, Henbest, Wood(27), Mr. Speaker
Floor Sponsor - Labrador
Title apvd - to Senate
02/14 Senate intro - 1st rdg - to Jud
02/21 Rpt out - rec d/p - to 2nd rdg
02/22 2nd rdg - to 3rd rdg
02/27 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Goedde,
Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Gannon
Floor Sponsor - Jorgenson
Title apvd - to House
02/28 To enrol
02/29 Rpt enrol - Sp signed
03/03 Pres signed
03/04 To Governor
03/05 Governor signed
Session Law Chapter 68
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature Second Regular Session - 2008
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 409
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO SHORTHAND REPORTERS ACT; AMENDING SECTION 54-3101, IDAHO
3 CODE, TO MAKE A TECHNICAL CORRECTION AND TO PROVIDE INTENT; AMENDING SEC-
4 TION 54-3102, IDAHO CODE, TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
5 54-3103, IDAHO CODE, TO MAKE TECHNICAL CORRECTIONS AND TO PROVIDE THAT A
6 CERTIFICATE TO PRACTICE SHORTHAND REPORTING SHALL NOT BE TRANSFERABLE;
7 AMENDING SECTION 54-3104, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY;
8 AMENDING SECTION 54-3105, IDAHO CODE, TO PROVIDE THAT NOMINEES TO THE
9 BOARD MUST POSSESS A CURRENT CERTIFIED SHORTHAND REPORTER LICENSE, TO
10 DELETE PROVISIONS RELATING TO APPOINTMENTS TO THE INITIAL STATE CERTIFIED
11 SHORTHAND REPORTERS BOARD, TO PROVIDE CORRECT TERMINOLOGY AND TO MAKE
12 TECHNICAL CORRECTIONS; AMENDING SECTION 54-3106, IDAHO CODE, TO REVISE
13 TITLES OF BOARD OFFICERS, TO REVISE PROVISIONS RELATING TO BOARD OFFICER
14 ELECTIONS, TO REVISE PROVISIONS RELATING TO RECORDKEEPING OF BOARD PRO-
15 CEEDINGS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-3107,
16 IDAHO CODE, TO AUTHORIZE THE BOARD TO DETERMINE QUALIFICATIONS OF APPLI-
17 CANTS FOR CERTIFICATE RENEWAL AND TO ISSUE TEMPORARY PERMITS, TO MAKE
18 TECHNICAL CHANGES, TO AUTHORIZE THE BOARD TO REFUSE TO ISSUE, TO REFUSE TO
19 RENEW OR OTHERWISE DISCIPLINE ANY CERTIFICATE OR PERMIT AND TO PROVIDE
20 THAT THE BOARD MAY AUTHORIZE THE BUREAU OF OCCUPATIONAL LICENSES TO ACT AS
21 ITS AGENT; AMENDING SECTION 54-3108, IDAHO CODE, TO REVISE A PROVISION
22 RELATING TO AN APPLICANT'S RESIDENCY, TO MAKE TECHNICAL CORRECTIONS, TO
23 DELETE A STATUTORY REFERENCE AND TO PROVIDE FOR RENEWAL AND REINSTATEMENT
24 OF CERTIFICATES; AMENDING SECTION 54-3109, IDAHO CODE, TO PROVIDE CORRECT
25 TERMINOLOGY, TO PROVIDE REFERENCE TO REQUIRED FEES AND TO DELETE A STATU-
26 TORY REFERENCE; AMENDING SECTION 54-3110, IDAHO CODE, TO PROVIDE CORRECT
27 TERMINOLOGY, TO REVISE PROVISIONS RELATING TO CONSEQUENCES OF FAILURE TO
28 RENEW CERTIFICATE ANNUALLY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
29 SECTION 54-3111, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO MAKE A
30 TECHNICAL CORRECTION; AMENDING SECTION 54-3112, IDAHO CODE, TO PROVIDE
31 THAT THE BOARD MAY REFUSE TO ISSUE, REFUSE TO RENEW, SUSPEND, REVOKE, OR
32 OTHERWISE SANCTION A TEMPORARY PERMIT OR A CERTIFICATE, TO PROVIDE AN
33 ADDITIONAL REASON FOR THE BOARD TO REFUSE TO ISSUE, REFUSE TO RENEW, SUS-
34 PEND, REVOKE OR OTHERWISE SANCTION A TEMPORARY PERMIT OR CERTIFICATE AND
35 TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-3113, IDAHO CODE, TO
36 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-3114, IDAHO CODE, TO
37 REVISE JUDICIAL REVIEW OF BOARD ACTION; AMENDING SECTION 54-3115, IDAHO
38 CODE, TO PROVIDE FOR REINSTATEMENT OF A TEMPORARY PERMIT, TO PROVIDE COR-
39 RECT TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS; REPEALING SECTION
40 54-3116, IDAHO CODE, RELATING TO THE FIVE YEAR CERTIFICATE RENEWAL PERIOD;
41 AMENDING SECTION 54-3117, IDAHO CODE, TO DELETE PROVISIONS RELATING TO THE
42 STATE CERTIFIED SHORTHAND REPORTERS FUND, TO PROVIDE THAT FEES BE PAID TO
43 THE BUREAU OF OCCUPATIONAL LICENSES, BE DEPOSITED IN THE STATE TREASURY TO
44 THE CREDIT OF THE OCCUPATIONAL LICENSES FUND AND THAT ALL COSTS INCURRED
45 BE CHARGED AGAINST THE FUND; AND AMENDING SECTION 54-3118, IDAHO CODE, TO
46 MAKE A TECHNICAL CORRECTION.
1 Be It Enacted by the Legislature of the State of Idaho:
2 SECTION 1. That Section 54-3101, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 54-3101. SHORT TITLE -- INTENT. (1) This act chapter shall be known as
5 the "Idaho Certified Shorthand Reporters Act."
6 (2) In order to safeguard life, health and property, and to promote the
7 public welfare, the practice of shorthand reporting in this state is hereby
8 declared to be subject to regulation in the public interest.
9 SECTION 2. That Section 54-3102, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 54-3102. DEFINITIONS. Unless otherwise expressly stated, when used in
12 this act chapter the following words and phrases shall have the following
14 ( a1) "Shorthand reporting" means the making of written symbols or abbre-
15 viations in shorthand or machine shorthand writing of a verbatim record of any
16 oral court proceedings, deposition, or proceedings before any grand jury, ref-
17 eree, or court commissioner, contemporaneous with the event.
18 ( b2) "Certified shorthand reporter" or its abbreviation "C.S.R." means
19 any person holding a valid regular or temporary certificate as a shorthand
20 reporter as provided in this act chapter.
21 ( c3) "Board" means the state certified shorthand reporters board.
22 ( d4) "Official court reporter" means the official court reporter of a
23 federal district court in the state or the district court reporter of any
24 state district court, but does not include any reporter of the magistrates
25 division of any state district court.
26 ( e5) "Freelance reporter" means any shorthand reporter engaged in the
27 practice of shorthand reporting as defined in this act chapter who is not an
28 official court reporter.
29 ( f6) "Available" means physically present at the time and place indicated
30 or that the person could be physically present at the time and place indicated
31 if a specific request was made.
32 SECTION 3. That Section 54-3103, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 54-3103. CERTIFICATION REQUIRED. (a) Except as expressly provided in the
35 act this chapter, no person shall engage in the practice of shorthand report-
36 ing or be appointed to the position of district court reporter in any state
37 district court, or before any master or referee, or as reporter for any board
38 or commission of the state requiring shorthand reporting for any hearing, pro-
39 ceeding or trial unless such person is a certified shorthand reporter as
40 defined in this act chapter; provided that any district court reporter, or any
41 reporter before a master or referee shall also possess such additional quali-
42 fications as the Ssupreme Ccourt may prescribe by rule.
43 (b) No person shall use the title of certified shorthand reporter or its
44 abbreviations C.S.R. or CSR, or any similar words or letters in conjunction
45 with his such person's name to indicate that he is qualified the possession of
46 qualifications to practice in this state as a certified shorthand reporter
47 without having a valid temporary or regular certificate issued pursuant to
48 this act chapter and not revoked or suspended. A certificate to practice
49 shorthand reporting shall not be transferable.
1 SECTION 4. That Section 54-3104, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 54-3104. EXCEPTIONS TO CERTIFICATION REQUIREMENT. The provisions of this
4 chapter shall not apply to and shall not be construed to prohibit:
5 (1) The appointment of a state district court reporter who is not a cer-
6 tified shorthand reporter on a temporary basis in accordance with and upon
7 condition as the supreme court may prescribe by rule. Provided, in the event a
8 person who has not obtained regular certification as a certified shorthand
9 reporter is appointed as district court reporter, such reporter must make
10 application for regular certification under this chapter within thirty (30)
11 days of such appointment. If the reporter fails to obtain regular certifica-
12 tion as a certified shorthand reporter by the second subsequent consecutive
13 examination date by reason of his failure to pass the necessary examination,
14 or otherwise, then such person shall be removed as district court reporter and
15 shall not be eligible for reappointment until he obtains successfully obtain-
16 ing a regular certificate as a certified shorthand reporter under this chap-
18 (2) The employment and reporting of personnel in the magistrates division
19 of any district court of the state who rely principally upon electronic tape
20 recorders, stenomask, or similar mechanical contrivances to make a record of a
21 hearing, trial or proceeding.
22 (3) The taking of an oral deposition by shorthand reporting by a person
23 not a certified shorthand reporter if the party to the action or his such
24 party's attorney certifies at the commencement of the deposition that no cer-
25 tified shorthand reporter was available for reporting the deposition.
26 (4) The employment of salaried, full-time employees of a prosecuting
27 attorney or of any department or agency of the state to act as a hearing
28 reporter for such official, department or agency.
29 SECTION 5. That Section 54-3105, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 54-3105. CERTIFIED SHORTHAND REPORTERS BOARD -- MEMBERS -- TERM --
32 APPOINTMENT. ( a1) There is hereby created a state certified shorthand
33 reporters board of the state of Idaho which shall consist of five (5) members.
34 Three (3) members of the board shall be persons who have been nominated by the
35 Idaho Sshorthand Rreporters Aassociation. who must Nominees must possess a
36 current license as a certified shorthand reporter and have had at least five
37 (5) years continuous experience immediately prior to their nomination as a
38 freelance shorthand reporter or official court reporter. One (1) other member
39 of the board shall be an Idaho district judge nominated by the Idaho Ssupreme
40 Ccourt. The other member of the board shall be a member of the Idaho state bar
41 and nominated by the Idaho Sstate Bbar Aassociation. At least two (2) nominees
42 for each position must be nominated by the nominating body.
43 ( b2) The members of the board shall hold office for terms of three (3)
44 years each. Provided, of the initial board the three (3) members to be
45 appointed from nominees of the Idaho shorthand reporters association shall
46 serve for terms of one (1) year, two (2) years, and three (3) years, respec-
47 tively, as designated in their appointment; the member appointed from the nom-
48 inees of the Idaho state bar association shall serve for a term of two (2)
49 years and the member appointed from the nominees of the Idaho Supreme Court
50 shall serve for a term of three (3) years. Thereafter, members shall be
51 appointed to the board for terms of three (3) years each except that
52 aAppointments to fill vacancies shall be for the unexpired term of such vacan-
2 ( c3) Appointments to the board shall be made by the governor from the
3 nominees set forth in this section and each member of the board shall hold
4 office for his the specified term and until his a successor is duly appointed
5 by the governor.
6 SECTION 6. That Section 54-3106, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 54-3106. ORGANIZATION OF BOARD -- MEETINGS -- QUORUM -- COMPENSATION.
9 ( a1) The board shall organize by the election of one (1) of its members as
10 president, chairman and one (1) of its members as secretary and one (1) of its
11 members as treasurer; provided that the offices of secretary and treasurer may
12 be held by one (1) person vice chairman. Officers of the board shall be
13 elected annually for terms of one (1) year at the annual a regular meeting of
14 the board, but the same person may not hold the office of president chairman
15 more than three (3) years in succession.
16 ( b2) The board shall meet at least annually to conduct its business and
17 perform its duties, and shall meet at such other times as designated by the
18 president chairman or by request of two (2) or more members of the board.
19 ( c3) A majority of the board shall constitute a quorum for all purposes
20 and the majority vote of the members voting shall constitute the action of the
22 ( d4) The secretary of the board shall keep a A complete record of all of
23 its board proceedings shall be maintained.
24 ( e5) Members of the board shall be compensated as provided by in section
25 59-509(b), Idaho Code.
26 SECTION 7. That Section 54-3107, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 54-3107. POWERS AND DUTIES. The state certified shorthand reporters board
29 shall have the following powers and duties:
30 ( a1) To determine the qualifications of persons applying for certificates
31 and the renewal of a certificate under this chapter.
32 ( b2) To prescribe, administer, and determine a passing grade for the
33 examination of applicants applying for certificates under this chapter.
34 ( c3) To collect the fees and charges prescribed by this chapter.
35 ( d4) To execute and issue temporary permits and regular certified short-
36 hand reporters certificates under the conditions prescribed in this act chap-
38 ( e5) To refuse to issue, refuse to renew, revoke or suspend regular or
39 temporary certified shorthand reporters certificates or otherwise discipline
40 any certificate or permit upon the grounds and in the manner prescribed by
41 this act chapter.
42 ( f6) To make rules and regulations to carry out the intent and purposes
43 of this act chapter.
44 (7) The board may, by written agreement, authorize the bureau of occupa-
45 tional licenses as its agent to act in its interest.
46 SECTION 8. That Section 54-3108, Idaho Code, be, and the same is hereby
47 amended to read as follows:
48 54-3108. QUALIFICATIONS -- REQUIRED EXAMINATION -- RENEWAL OF CERTIFI-
49 CATES. (1) Applicants for certification must take and pass the Idaho certified
1 shorthand reporter examination. Alternatively, applicants for certification
2 must provide proof, satisfactory to the board, of having passed one (1) of
3 the following examinations within the two (2) years prior to the date of the
5 (a) The registered professional reporter (RPR) examination;
6 (b) The registered merit reporter (RMR) examination;
7 (c) The registered diplomate reporter (RDR) examination; or
8 (d) The certified realtime reporter (CRR) examination.
9 (2) Any applicant who is a citizen lawful resident of the United States
10 of good moral character, having graduated from an accredited high school or
11 having had an equivalent education, shall be entitled to receive a certificate
12 as a certified shorthand reporter upon payment of the fees required by this
13 act chapter. All applications shall be in such form as prescribed by the board
14 and filed with the board at least thirty (30) days prior to the announced date
15 of the reporters ' examination. The board in its discretion may make such addi-
16 tional investigation and inquiry, or require additional information from the
17 applicant, as it shall deem necessary in determining the qualifications of the
18 applicant. The board shall thereupon notify the applicant as to whether his
19 their application to take the reporters ' examination is accepted.
20 (3) All regular certified shorthand reporter certificates shall be issued
21 for a period of one (1) year and shall be renewable upon payment of the a
22 renewal fee. prescribed in section 54-3110, Idaho Code, for an additional
23 period of one (1) year. The renewal and reinstatement of all certificates
24 issued under the provisions of this chapter shall be in accordance with sec-
25 tion 67-2614, Idaho Code.
26 SECTION 9. That Section 54-3109, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 54-3109. QUALIFICATIONS FOR TEMPORARY CERTIFICATION PERMIT -- RENEWAL.
29 (1) A temporary certified shorthand reporter certificate permit may be issued
30 to an applicant who pays the required fees required by the provisions of this
31 chapter and who:
32 (a) Is of good moral character; and
33 (b) Has graduated from an accredited high school or has an equivalent
34 education; and
35 (i) Is currently licensed in good standing in another state as a
36 certified shorthand reporter, or its equivalent, or has otherwise
37 demonstrated his proficiency by a certificate from an agency of
38 another state; or
39 (ii) Has graduated from a national court reporters association
40 (NCRA) approved school.
41 (2) The application shall be upon such forms as are prescribed by the
42 board and the board may in its discretion make additional investigation and
43 inquiry, or require further information from the applicant, as it shall deem
44 necessary in order to make a determination of the qualifications of the appli-
46 (3) All temporary certified shorthand reporter certificates permits shall
47 be issued for a period of one (1) year and may be renewable for a single addi-
48 tional period of one (1) year upon the payment of the required fees prescribed
49 in section 54-3110, Idaho Code, and upon a showing of just cause.
50 SECTION 10. That Section 54-3110, Idaho Code, be, and the same is hereby
51 amended to read as follows:
1 54-3110. FEES. The board shall be entitled to charge and collect the fol-
2 lowing fees:
3 ( a1) The sum of fifty dollars ($50.00) as an application fee for any cer-
4 tificate or temporary or regular certificate permit.
5 ( b2) The sum of fifty dollars ($50.00) as an examination fee for the
6 administration of the reporters ' examination to any applicant.
7 ( c3) A sum not to exceed seventy-five dollars ($75.00) as a renewal fee
8 for any regular certificate or temporary certificate permit.
9 ( d4) A sum not to exceed one hundred dollars ($100) as a reinstatement
10 fee for any application for reinstatement of a temporary permit or regular
11 certificate which has been revoked or suspended.
12 ( e5) The failure to renew a certificate annually, as provided in this
13 section and sections 54-3108 and 54-3109, Idaho Code prior to expiration,
14 shall not deprive such person of the right of renewal , but the fee to be paid
15 for the renewal of a certificate after the due date shall be increased twenty
16 percent (20%) for each month or fraction of a month that payment of renewal is
17 delayed; provided, however, that the maximum fee for delayed renewal shall not
18 exceed twice the renewal fee for each year delinquent or reinstatement in
19 accordance with section 67-2614, Idaho Code.
20 ( f6) A sum not to exceed twenty dollars ($20.00) as a fee for examination
21 preparation materials.
22 SECTION 11. That Section 54-3111, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 54-3111. EXAMINATIONS. The board shall conduct the Idaho certified short-
25 hand reporter examination at least once every year and may conduct additional
26 examinations. The secretary board shall give public notice of the time and
27 place of each examination at least one hundred twenty (120) days in advance of
28 the date set for the examination and any person desiring to take the
29 reporters ' examination must file his application with the board at least
30 thirty (30) days prior to the date of the examination.
31 SECTION 12. That Section 54-3112, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 54-3112. SUSPENSION AND REVOCATION OF CERTIFICATION TEMPORARY PERMIT OR
34 CERTIFICATE. A The board may refuse to issue, refuse to renew, suspend,
35 revoke, or otherwise sanction a temporary permit or regular certified short-
36 hand reporter certificate may be suspended or revoked for any of the following
38 ( a1) Conviction of a felony or a misdemeanor involving moral turpitude.
39 The record of conviction, or a certified copy thereof, shall be prima facie
40 evidence of conviction in such cases.
41 ( b2) Fraud or misrepresentation resorted to in obtaining a certificate
43 ( c3) Fraud, dishonesty, corruption, wilful willful violation of duty,
44 gross incompetency incompetence in practice or unprofessional conduct in per-
45 forming services as a certified shorthand reporter.
46 ( d4) Persistent failure to perform duties.
47 ( e5) Any physical or mental disability materially interfering with the
48 performance of duties.
49 (6) The violation of the provisions of this chapter or rules, or any eth-
50 ical codes as may be adopted by the board.
1 SECTION 13. That Section 54-3113, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 54-3113. INVESTIGATION OF VIOLATIONS -- HEARING. The board shall, upon a
4 verified complaint in writing by any member of the board or by a certified
5 shorthand reporter or any person claiming to have been injured or defrauded,
6 investigate the actions of any certified shorthand reporter alleged to have
7 committed a violation of this act chapter or any of the grounds for revocation
8 or suspension of a certificate. For the purpose of such investigations and
9 hearings, each member of the board is empowered to administer oaths and affir-
10 mations, subpoena witnesses, and hear and receive evidence anywhere in the
11 state. Upon conclusion of the hearings, the board shall determine by majority
12 vote whether the certificate of the certified shorthand reporter should be
13 revoked or suspended for a stated period of time, or whether such disciplinary
14 action short of suspension or revocation should be imposed, (including, but
15 not limited to, conditional probationary periods and the imposition of fines
16 and costs ), or whether the complaint should be dismissed. The proceedings and
17 hearings under this paragraph pursuant to this section shall be governed by
18 chapter 52, title 67, Idaho Code.
19 SECTION 14. That Section 54-3114, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 54-3114. JUDICIAL REVIEW OF BOARD ACTION. Any person who shall be
22 aggrieved by any action of the board in denying, refusing to renew,
23 suspending, or revoking or otherwise disciplining a certified shorthand
24 reporter certificate may seek judicial review thereof as provided in chapter
25 52, title 67, Idaho Code. A copy of the petition for judicial review shall be
26 served upon the president or secretary of the board and upon the attorney gen-
27 eral of the state of Idaho board's administrative legal counsel who shall rep-
28 resent the board in such appeal.
29 SECTION 15. That Section 54-3115, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 54-3115. REINSTATEMENT OF CERTIFICATION. A temporary permit or regular
32 certified shorthand reporter certificate which has been revoked or suspended,
33 may be reinstated at the discretion of the board upon a finding that the
34 grounds for suspension or revocation no longer exist or that the reporter has
35 made adequate restitution for any damages caused by his actions any misconduct
36 and that he has demonstrated good moral character sufficient to indicate that
37 the misconduct will not recur. An application for reinstatement shall be in
38 such form as prescribed by the board by rule, and shall be accompanied by an
39 application fee and a reinstatement fee. In the event the certificate was
40 originally suspended or revoked for incompetency incompetence, the applicant
41 for reinstatement shall also be required to take and pass the reporters ' exam-
42 ination and pay an examination fee.
43 SECTION 16. That Section 54-3116, Idaho Code, be, and the same is hereby
45 SECTION 17. That Section 54-3117, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 54-3117. CERTIFIED SHORTHAND REPORTERS FUND FINANCES. All fees collected
1 received under the provisions of this act chapter shall be deposited at least
2 monthly with the state treasurer and shall constitute a special fund known as
3 the state certified shorthand reporters fund. All moneys received by said spe-
4 cial fund are hereby appropriated for the purpose of the administration of
5 this act, and no moneys received in said special fund shall be disbursed by
6 the state treasurer unless the voucher for such disbursement contains the cer-
7 tificate of the treasurer of the state certified shorthand reporters board
8 that such voucher is for an expense incurred in the administration of this act
9 paid to the bureau of occupational licenses and deposited in the state trea-
10 sury to the credit of the occupational licenses fund and all costs and
11 expenses incurred under the provisions of this chapter shall be a charge
12 against and paid from said fund.
13 SECTION 18. That Section 54-3118, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 54-3118. VIOLATION A MISDEMEANOR -- PENALTY. Any person violating any of
16 the provisions of this act chapter shall be guilty of a misdemeanor and upon
17 conviction shall be punishable by a fine of not less than fifty dollars
18 ($50.00) and not exceeding two hundred dollars ($200) for each offense, or
19 imprisonment in the county jail for a term of not more than ninety (90) days,
20 or by both such fine and imprisonment.
STATEMENT OF PURPOSE
This bill will move the Certified Shorthand Reporters under the
umbrella of the Bureau of Occupational Licenses.
No impact on general or dedicated funds. The budget will move
with this board. The board hopes to see efficiencies which
should save money in the long run and be able to provide better
Name: TANA CORY
Agency: Occupational License, Bureau
Phone: (208) 334-3233
STATEMENT OF PURPOSE/FISCAL NOTE H 409