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H0631................................by JUDICIARY, RULES AND ADMINISTRATION
PROSECUTING ATTORNEYS - Amends existing law to allow counties to contract
for prosecutorial services under certain conditions; and to provide a
limited exception to allow a prosecuting attorney to hold another county
office.
02/10 House intro - 1st rdg - to printing
02/13 Rpt prt - to Jud
02/20 Rpt out - rec d/p - to 2nd rdg
02/21 2nd rdg - to 3rd rdg
02/24 3rd rdg - PASSED - 66-0-4
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Bolz, Brackett, Bradford, Cannon,
Chadderdon, Clark, Collins, Crow, Deal, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez,
Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen,
Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
Rydalch, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
Skippen, Smith(30), Smylie(Luker), Snodgrass, Stevenson, Trail,
Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Boe, Denney, Sali, Smith(24)
Floor Sponsor - Pence
Title apvd - to Senate
02/27 Senate intro - 1st rdg - to Jud
03/09 Rpt out - rec d/p - to 2nd rdg
03/10 2nd rdg - to 3rd rdg
03/14 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Kelly
Title apvd - to House
03/15 To enrol
03/16 Rpt enrol - Sp signed
03/17 Pres signed - To Governor
03/22 Governor signed
Session Law Chapter 115
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 631
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO PROSECUTING ATTORNEYS; AMENDING SECTION 59-907, IDAHO CODE, TO
3 ALLOW COUNTIES TO CONTRACT FOR PROSECUTORIAL SERVICES UNDER CERTAIN CONDI-
4 TIONS AND TO PROVIDE FOR A LIMITED EXCEPTION TO ALLOW A PROSECUTING ATTOR-
5 NEY TO HOLD ANOTHER COUNTY OFFICE.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 59-907, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 59-907. PROSECUTING ATTORNEY -- VACANCY -- RESIDENCY -- CONTRACTING WITH
10 ANOTHER PROSECUTING ATTORNEY. (1) In the event a vacancy exists and there are
11 three (3) or fewer resident attorneys in the county who are willing and quali-
12 fied to perform the functions of prosecuting attorney as set forth in chapter
13 26, title 31, Idaho Code, the board of county commissioners may appoint and/or
14 contract with an attorney from outside the county to perform the duties of
15 prosecuting attorney for the balance of the unexpired term or such shorter
16 period as the board of county commissioners shall determine.
17 (2) A county may contract for prosecutorial services with another prose-
18 cuting attorney provided that:
19 (a) The circumstances of subsection (1) of this section have occurred;
20 (b) The boards of county commissioners of both affected counties adopt
21 resolutions so authorizing the prosecutor to fill the vacancy or appoint-
22 ment and/or contract; and
23 (c) The length of the term of appointment or contract complies with sub-
24 section (1) of this section.
25 (3) Subsection (2) of this section shall operate as a limited exception
26 to that portion of section 31-2601, Idaho Code, that prohibits a prosecuting
27 attorney from holding any other county office.
STATEMENT OF PURPOSE
RS 15976
This legislation provides the process by which a county, having
three or less resident attorneys who are willing or qualified to
act as the Prosecuting Attorney, can fill the position on a
temporary basis.
FISCAL NOTE
No impact to the general fund.
Contact
Name: Representative Pence
Phone: 332-1000
Representative Wendy Jaquet
STATEMENT OF PURPOSE/FISCAL NOTE H 631