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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
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN 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. 2 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) Thisactchapter 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 thisactchapter the following words and phrases shall have the following 13 meanings: 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 thisactchapter. 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 thisactchapter 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 inthe35actthis 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 thisactchapter; provided that any district court reporter, or any 41 reporter before a master or referee shall also possess such additional quali- 42 fications as theSsupremeCcourt 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 withhissuch person's name to indicatethat he is qualifiedthe 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 thisactchapter and not revoked or suspended. A certificate to practice 49 shorthand reporting shall not be transferable. 3 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 untilhe obtainssuccessfully obtain- 16 ing a regular certificate as a certified shorthand reporter under this chap- 17 ter. 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 orhissuch 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 IdahoSshorthandRreportersAassociation.who mustNominees 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 IdahoSsupreme 40Ccourt. The other member of the board shall be a member of the Idaho state bar 41 and nominated by the IdahoSstateBbarAassociation. 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 be45appointed from nominees of the Idaho shorthand reporters association shall46serve for terms of one (1) year, two (2) years, and three (3) years, respec-47tively, as designated in their appointment; the member appointed from the nom-48inees of the Idaho state bar association shall serve for a term of two (2)49years and the member appointed from the nominees of the Idaho Supreme Court50shall serve for a term of three (3) years. Thereafter, members shall be51appointed to the board for terms of three (3) years each except that52aAppointments to fill vacancies shall be for the unexpired term of such vacan- 4 1 cies. 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 forhisthe specified term and untilhisa 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 10president,chairman and one (1) of its members assecretary and one (1) of its11members as treasurer; provided that the offices of secretary and treasurer may12be held by one (1) personvice chairman. Officers of the board shall be 13 elected annually for terms of one (1) year atthe annuala regular meeting of 14 the board, but the same person may not hold the office ofpresidentchairman 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 18presidentchairman 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 21 board. 22 (d4)The secretary of the board shall keep aA complete record of allof23itsboard proceedings shall be maintained. 24 (e5) Members of the board shall be compensated as providedbyin 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 andregularcertified short- 36 hand reporters certificates under the conditions prescribed in thisactchap- 37 ter. 38 (e5) To refuse to issue, refuse to renew, revoke or suspendregular or39temporary certified shorthand reporters certificatesor otherwise discipline 40 any certificate or permit upon the grounds and in the manner prescribed by 41 thisactchapter. 42 (f6) To make rulesand regulationsto carry out the intent and purposes 43 of thisactchapter. 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 5 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 4 application: 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 acitizenlawful 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 13actchapter. 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 whetherhis19 their application to take the reporters'examination is accepted. 20 (3) Allregularcertified shorthand reporter certificates shall be issued 21 for a period of one (1) year and shall be renewable upon payment ofthea 22 renewal fee.prescribed in section 54-3110, Idaho Code, for an additional23period 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 TEMPORARYCERTIFICATIONPERMIT -- RENEWAL. 29 (1) A temporary certified shorthand reportercertificatepermit may be issued 30 to an applicant who pays the required feesrequired by the provisions of this31chapterand 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 demonstratedhisproficiency 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- 45 cant. 46 (3) All temporary certified shorthand reportercertificatespermits 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 oftherequired feesprescribed49in 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: 6 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 temporaryor regular certificatepermit. 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 anyregularcertificate or temporarycertificatepermit. 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 orregular11 certificate which has been revoked or suspended. 12 (e5) The failure to renew a certificate annually,as provided in this13section and sections 54-3108 and 54-3109, Idaho Codeprior to expiration, 14 shall not deprive such person of the right of renewal, but the fee to be paid15for the renewal of a certificate after the due date shall be increased twenty16percent (20%) for each month or fraction of a month that payment of renewal is17delayed; provided, however, that the maximum fee for delayed renewal shall not18exceed twice the renewal fee for each year delinquentor 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. Thesecretaryboard 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 OFCERTIFICATIONTEMPORARY PERMIT OR 34 CERTIFICATE.AThe board may refuse to issue, refuse to renew, suspend, 35 revoke, or otherwise sanction a temporary permit orregularcertified short- 36 hand reporter certificatemay be suspended or revokedfor any of the following 37 reasons: 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 42 thereunder. 43 (c3) Fraud, dishonesty, corruption,wilfulwillful violation of duty, 44 grossincompetencyincompetence 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. 7 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 thisactchapter 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 hearingsunder this paragraphpursuant 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,orrevoking 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 thepresident or secretary of theboard and upon theattorney gen-27eral of the state of Idahoboard'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 orregular32 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 byhis actionsany misconduct 36 andthat hehas 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 forincompetencyincompetence, 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 44 repealed. 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 FUNDFINANCES. All feescollected8 1 received under the provisions of thisactchapter shall bedeposited at least2monthly with the state treasurer and shall constitute a special fund known as3the state certified shorthand reporters fund. All moneys received by said spe-4cial fund are hereby appropriated for the purpose of the administration of5this act, and no moneys received in said special fund shall be disbursed by6the state treasurer unless the voucher for such disbursement contains the cer-7tificate of the treasurer of the state certified shorthand reporters board8that such voucher is for an expense incurred in the administration of this act9 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 thisactchapter 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
RS 17420
This bill will move the Certified Shorthand Reporters under the
umbrella of the Bureau of Occupational Licenses.
FISCAL NOTE
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
customer service.
CONTACT
Name: TANA CORY
Agency: Occupational License, Bureau
Phone: (208) 334-3233
STATEMENT OF PURPOSE/FISCAL NOTE H 409