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S1400aa..............................................by JUDICIARY AND RULES SMALL CLAIMS - Amends existing law relating to the small claims department of the magistrate division of the district court to increase the allowable claim to $5,000 for specified civil proceedings assigned to magistrates; to increase the allowable claims to $5,000 for certain civil actions assigned to nonattorney magistrates; to increase the allowable claim to $5,000 in cases under jurisdiction of the small claims department; and to provide for collection of attorney's fees and costs by a prevailing plaintiff. 02/14 Senate intro - 1st rdg - to printing 02/15 Rpt prt - to Jud 02/20 Rpt out - to 14th Ord 02/28 Rpt out amen - to engros 03/01 Rpt engros - 1st rdg - to 2nd rdg as amen 03/02 2nd rdg - to 3rd rdg as amen 03/06 3rd rdg as amen - PASSED - 33-0-2 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Sweet, Werk, Williams NAYS -- None Absent and excused -- Malepeai, Stennett Floor Sponsor - Corder Title apvd - to House 03/07 House intro - 1st rdg - to Jud 03/14 Rpt out - rec d/p - to 2nd rdg 03/15 2nd rdg - to 3rd rdg 03/23 3rd rdg - PASSED - 61-1-8 AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bell, Bilbao, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Denney, Ellsworth, 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), Smith(24), Smylie, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- Barrett Absent and excused -- Bedke, Black, Crow, Deal, Edmunson, Eskridge, Sali, Snodgrass Floor Sponsor - Clark Title apvd - to Senate 03/24 To enrol 03/27 Rpt enrol - Pres signed 03/28 Sp signed 03/29 To Governor 03/30 Governor signed Session Law Chapter 263 Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE SENATE SENATE BILL NO. 1400 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO THE MAGISTRATE DIVISION OF THE DISTRICT COURT AND TO THE SMALL 3 CLAIMS DEPARTMENT OF THE MAGISTRATE DIVISION; AMENDING SECTION 1-2208, 4 IDAHO CODE, TO INCREASE THE ALLOWABLE CLAIM LIMIT TO FIVE THOUSAND DOLLARS 5 FOR SPECIFIED CIVIL PROCEEDINGS ASSIGNED TO MAGISTRATES; AMENDING SECTION 6 1-2210, IDAHO CODE, TO INCREASE THE ALLOWABLE CLAIM LIMIT TO FIVE THOUSAND 7 DOLLARS FOR CERTAIN CIVIL ACTIONS ASSIGNED TO NON-ATTORNEY MAGISTRATES; 8 AMENDING SECTION 1-2301, IDAHO CODE, TO INCREASE THE ALLOWABLE CLAIM TO 9 FIVE THOUSAND DOLLARS IN CASES UNDER JURISDICTION OF THE SMALL CLAIMS 10 DEPARTMENT; AMENDING SECTION 1-2310, IDAHO CODE, TO PROVIDE FOR COLLECTION 11 OF ATTORNEY'S FEES AND COSTS BY A PREVAILING PLAINTIFF AFTER A TIME CER- 12 TAIN; AMENDING SECTION 1-2311, IDAHO CODE, TO PROVIDE THAT THE ATTORNEY'S 13 FEE AWARDED TO THE PREVAILING PARTY SHALL BE A REASONABLE AMOUNT AS DETER- 14 MINED BY THE COURT; AND AMENDING SECTION 39-6316, IDAHO CODE, TO INCREASE 15 THE ALLOWABLE LIMIT REFERRED TO IN SMALL CLAIMS COURT TO FIVE THOUSAND 16 DOLLARS. 17 Be It Enacted by the Legislature of the State of Idaho: 18 SECTION 1. That Section 1-2208, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 1-2208. ASSIGNMENT OF CASES TO MAGISTRATES. Subject to rules promulgated 21 by the supreme court, the administrative judge in each judicial district or 22 any district judge in the district designated by him may assign to magis- 23 trates, severally, or by designation of office, or by class or category of 24 cases, or in specific instances the following matters: 25 (1) Civil proceedings as follows: 26 (a) When the amount of money or damages or the value of personal property 27 claimed does not exceedfourfive thousand dollars ($45,000): 28 (i) Actions for the recovery of money only arising on contracts 29 express or implied; actions for damages for injury to person, prop- 30 erty or reputation or for taking or detaining personal property, or 31 for fraud; 32 (ii) Actions for rent and distress for rent; 33 (iii) Actions for claim and delivery; 34 (iv) Proceedings in attachment, garnishment, wage deductions for the 35 benefit of creditors, trial or right of personal property and exemp- 36 tions, and supplementary proceedings; 37 (v) Actions arising under the laws for the incorporation of cities 38 or counties or any ordinance passed in pursuance thereof; actions for 39 the confiscation or abatement of nuisances and the seizure, condemna- 40 tion and forfeiture of personal property; proceedings in respect of 41 estrays and lost property; 42 (vi) Actions to collect taxes. 43 (b) Proceedings in forcible entry, forcible detainer, and unlawful 2 1 detainer; and 2 (c) Proceedings for the enforcement and foreclosure of common law and 3 statutory liens of not to exceedfourfive thousand dollars ($45,000) on 4 real or personal property. 5 (2) Proceedings in the probate of wills and administration of estates of 6 decedents, minors and incompetents. 7 (3) The following criminal and quasi-criminal proceedings: 8 (a) Misdemeanor and quasi-criminal actions; 9 (b) Proceedings to prevent the commission of crimes; 10 (c) Proceedings pertaining to warrants for arrest or for searches and 11 seizures; and 12 (d) Proceedings for the preliminary examination to determine probable 13 cause, commitment prior to trial or the release on bail of persons charged 14 with criminal offenses. 15 (4) Any juvenile proceedings except those within the scope of the provi- 16 sions of section 1-2210, Idaho Code. 17 (5) Proceedings under the Idaho traffic infractions act, chapter 15, 18 title 49, Idaho Code. 19 SECTION 2. That Section 1-2210, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 1-2210. ASSIGNMENTS RESTRICTED TO MAGISTRATES WHO ARE ATTORNEYS. (1) The 22 supreme court by rule may specify additional categories of matters assignable 23 to magistrates, except that the following matters may not be assigned to mag- 24 istrates who are not attorneys: 25 (a) Civil actions in which the amount of money or damages or the value of 26 property claimed exceedsfourfive thousand dollars ($45,000), except as 27 otherwise authorized by this act; 28 (b) Criminal proceedings in which the maximum authorized punishment 29 exceeds the punishment authorized for misdemeanors; 30 (c) All proceedings involving the custody of minors and all habeas corpus 31 proceedings; 32 (d) Proceedings for divorce, separate maintenance or annulment; and 33 (e) Proceedings in quo warranto, or for injunction, prohibition, manda- 34 mus, ne exeat, or appointment of a receiver. 35 (2) The supreme court may assign an attorney magistrate to temporary ser- 36 vice on the supreme court, except an attorney magistrate may not be assigned 37 to hear cases in which the attorney magistrate participated, nor may an attor- 38 ney magistrate be assigned to hear cases which originated in his or her judi- 39 cial district. 40 SECTION 3. That Section 1-2301, Idaho Code, be, and the same is hereby 41 amended to read as follows: 42 1-2301. SMALL CLAIMS DEPARTMENT -- CREATION -- SCOPE OF CLAIMS -- VENUE. 43 In every magistrate's division of the district court of this state, the dis- 44 trict court may create and organize a "Small Claims Department of the 45 Magistrate's Division," which shall have jurisdiction in cases for the recov- 46 ery of money where the amount of each claim does not exceedfourfive thousand 47 dollars ($45,000), and in cases for the recovery of personal property where 48 the value of the property does not exceedfourfive thousand dollars 49 ($45,000); provided however, that the small claims department shall not award 50 punitive damages or damages for pain or suffering in any proceeding. Any 51 action brought in a small claims department of the magistrate's division shall 3 1 be brought in the magistrate's division in the county where the defendant 2 resides or the county where the cause of action arose. A defendant may request 3 a change of venue if an action is brought in an improper county. 4 SECTION 4. That Section 1-2310, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 1-2310. JUDGMENT AGAINST DEFENDANT. If the judgment or order shall be 7 against the defendant, it shall be his duty to pay the same forthwith or exe- 8 cution may ensue as in other cases. On and after sixty (60) days from the date 9 judgment is rendered, the plaintiff shall be entitled to receive, in addition 10 to the amount awarded in the judgment, attorney's fees and all documented 11 costs associated with collection of the judgment. 12 SECTION 5. That Section 1-2311, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 1-2311. APPEAL TO LAWYER MAGISTRATE. If either party is dissatisfied he 15 may, within thirty (30) days from the entry of said judgment against him, 16 appeal to a lawyer magistrate other than the magistrate who entered said judg- 17 ment; and if the final judgment is rendered against him by such lawyer magis- 18 trate, then he shall pay, in addition to any judgment rendered in the 19 magistrate's division, an attorney's fee to the prevailing party inthe sum of20twenty-five dollars ($25.00)a reasonable amount as determined by the court, 21 provided, however, that appeals from such small claims department shall only 22 be allowed in such cases as appeals would be allowed if the action were insti- 23 tuted in the magistrate's division as is now provided, and further provided 24 that the appeal shall be heard in the county wherein the original small claim 25 was filed. 26 SECTION 6. That Section 39-6316, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 39-6316. LAW ENFORCEMENT OFFICERS -- TRAINING, POWERS, DUTIES. (1) All 29 training provided by the peace officers standards and training academy relat- 30 ing to the handling of domestic violence complaints by law enforcement offi- 31 cers shall stress enforcement of criminal laws in domestic situations, avail- 32 ability of community resources, and protection of the victim. Law enforcement 33 agencies and community organizations with expertise in the issue of domestic 34 violence shall cooperate in all aspects of such training. 35 (2) When a peace officer responds to a domestic violence call, the offi- 36 cer shall give a written statement to victims which alerts the victim to the 37 availability of a shelter or other resources in the community, and give the 38 victim a written notice provided by the Idaho state police substantially stat- 39 ing the following: 40 IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you can ask the city 41 or county prosecuting attorney to file a criminal complaint. You also 42 have the right to file a petition in magistrate court requesting an 43 order for protection from domestic abuse which could include any of 44 the following: (a) an order restraining your abuser from further acts 45 of abuse; (b) an order directing your abuser to leave your household; 46 (c) an order preventing your abuser from entering your residence, 47 school, business, or place of employment; (d) an order awarding you 48 or the other parent custody of or visitation with your minor child or 49 children; and (e) an order restraining your abuser from molesting or 4 1 interfering with minor children in your custody. The forms you need 2 to obtain a protection order are available from the clerk of the 3 district court. The resources available in this community for infor- 4 mation relating to domestic violence, treatment of injuries and 5 places of safety and shelters are: (For safety reasons, inclusion of 6 shelter/safe house addresses is not necessary). You also have the 7 right to sue for losses suffered as a result of the abuse, including 8 medical and moving expenses, loss of earnings or support, and other 9 out-of-pocket expenses for injuries sustained and damage to your 10 property. This can be done without an attorney in small claims court 11 if the total amount claimed is less thanfourfive thousand dollars 12 ($45,000). 13 (3) The peace officer shall make every effort to arrange, offer, or 14 facilitate transportation for the victim to a hospital for treatment of inju- 15 ries or to a place of safety or shelter. 16 (4) The law enforcement agency shall forward the offense report to the 17 appropriate prosecutor within ten (10) days of making such report if there is 18 probable cause to believe that an offense has been committed, unless the case 19 is under active investigation.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006Moved by Corder Seconded by Burkett IN THE SENATE SENATE AMENDMENTS TO S.B. NO. 1400 1 AMENDMENT TO SECTION 4 2 On page 3 of the printed bill, in line 11, following "judgment." insert: 3 "Such attorney's fees and costs shall be set by the court following the filing 4 of a memorandum of attorney's fees and costs with notice to all parties and 5 hearing.". 6 AMENDMENTS TO THE BILL 7 On page 3, delete lines 12 through 25; and in line 26, delete "SECTION 6" 8 and insert: "SECTION 5". 9 CORRECTIONS TO TITLE 10 On page 1, in line 11, delete "AFTER A TIME CER-"; delete lines 12 through 11 14 and insert: "; AND AMENDING SECTION 39-6316, IDAHO CODE, TO INCREASE".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE SENATE SENATE BILL NO. 1400, As Amended BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO THE MAGISTRATE DIVISION OF THE DISTRICT COURT AND TO THE SMALL 3 CLAIMS DEPARTMENT OF THE MAGISTRATE DIVISION; AMENDING SECTION 1-2208, 4 IDAHO CODE, TO INCREASE THE ALLOWABLE CLAIM LIMIT TO FIVE THOUSAND DOLLARS 5 FOR SPECIFIED CIVIL PROCEEDINGS ASSIGNED TO MAGISTRATES; AMENDING SECTION 6 1-2210, IDAHO CODE, TO INCREASE THE ALLOWABLE CLAIM LIMIT TO FIVE THOUSAND 7 DOLLARS FOR CERTAIN CIVIL ACTIONS ASSIGNED TO NON-ATTORNEY MAGISTRATES; 8 AMENDING SECTION 1-2301, IDAHO CODE, TO INCREASE THE ALLOWABLE CLAIM TO 9 FIVE THOUSAND DOLLARS IN CASES UNDER JURISDICTION OF THE SMALL CLAIMS 10 DEPARTMENT; AMENDING SECTION 1-2310, IDAHO CODE, TO PROVIDE FOR COLLECTION 11 OF ATTORNEY'S FEES AND COSTS BY A PREVAILING PLAINTIFF; AND AMENDING SEC- 12 TION 39-6316, IDAHO CODE, TO INCREASE THE ALLOWABLE LIMIT REFERRED TO IN 13 SMALL CLAIMS COURT TO FIVE THOUSAND DOLLARS. 14 Be It Enacted by the Legislature of the State of Idaho: 15 SECTION 1. That Section 1-2208, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 1-2208. ASSIGNMENT OF CASES TO MAGISTRATES. Subject to rules promulgated 18 by the supreme court, the administrative judge in each judicial district or 19 any district judge in the district designated by him may assign to magis- 20 trates, severally, or by designation of office, or by class or category of 21 cases, or in specific instances the following matters: 22 (1) Civil proceedings as follows: 23 (a) When the amount of money or damages or the value of personal property 24 claimed does not exceedfourfive thousand dollars ($45,000): 25 (i) Actions for the recovery of money only arising on contracts 26 express or implied; actions for damages for injury to person, prop- 27 erty or reputation or for taking or detaining personal property, or 28 for fraud; 29 (ii) Actions for rent and distress for rent; 30 (iii) Actions for claim and delivery; 31 (iv) Proceedings in attachment, garnishment, wage deductions for the 32 benefit of creditors, trial or right of personal property and exemp- 33 tions, and supplementary proceedings; 34 (v) Actions arising under the laws for the incorporation of cities 35 or counties or any ordinance passed in pursuance thereof; actions for 36 the confiscation or abatement of nuisances and the seizure, condemna- 37 tion and forfeiture of personal property; proceedings in respect of 38 estrays and lost property; 39 (vi) Actions to collect taxes. 40 (b) Proceedings in forcible entry, forcible detainer, and unlawful 41 detainer; and 42 (c) Proceedings for the enforcement and foreclosure of common law and 43 statutory liens of not to exceedfourfive thousand dollars ($45,000) on 2 1 real or personal property. 2 (2) Proceedings in the probate of wills and administration of estates of 3 decedents, minors and incompetents. 4 (3) The following criminal and quasi-criminal proceedings: 5 (a) Misdemeanor and quasi-criminal actions; 6 (b) Proceedings to prevent the commission of crimes; 7 (c) Proceedings pertaining to warrants for arrest or for searches and 8 seizures; and 9 (d) Proceedings for the preliminary examination to determine probable 10 cause, commitment prior to trial or the release on bail of persons charged 11 with criminal offenses. 12 (4) Any juvenile proceedings except those within the scope of the provi- 13 sions of section 1-2210, Idaho Code. 14 (5) Proceedings under the Idaho traffic infractions act, chapter 15, 15 title 49, Idaho Code. 16 SECTION 2. That Section 1-2210, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 1-2210. ASSIGNMENTS RESTRICTED TO MAGISTRATES WHO ARE ATTORNEYS. (1) The 19 supreme court by rule may specify additional categories of matters assignable 20 to magistrates, except that the following matters may not be assigned to mag- 21 istrates who are not attorneys: 22 (a) Civil actions in which the amount of money or damages or the value of 23 property claimed exceedsfourfive thousand dollars ($45,000), except as 24 otherwise authorized by this act; 25 (b) Criminal proceedings in which the maximum authorized punishment 26 exceeds the punishment authorized for misdemeanors; 27 (c) All proceedings involving the custody of minors and all habeas corpus 28 proceedings; 29 (d) Proceedings for divorce, separate maintenance or annulment; and 30 (e) Proceedings in quo warranto, or for injunction, prohibition, manda- 31 mus, ne exeat, or appointment of a receiver. 32 (2) The supreme court may assign an attorney magistrate to temporary ser- 33 vice on the supreme court, except an attorney magistrate may not be assigned 34 to hear cases in which the attorney magistrate participated, nor may an attor- 35 ney magistrate be assigned to hear cases which originated in his or her judi- 36 cial district. 37 SECTION 3. That Section 1-2301, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 1-2301. SMALL CLAIMS DEPARTMENT -- CREATION -- SCOPE OF CLAIMS -- VENUE. 40 In every magistrate's division of the district court of this state, the dis- 41 trict court may create and organize a "Small Claims Department of the 42 Magistrate's Division," which shall have jurisdiction in cases for the recov- 43 ery of money where the amount of each claim does not exceedfourfive thousand 44 dollars ($45,000), and in cases for the recovery of personal property where 45 the value of the property does not exceedfourfive thousand dollars 46 ($45,000); provided however, that the small claims department shall not award 47 punitive damages or damages for pain or suffering in any proceeding. Any 48 action brought in a small claims department of the magistrate's division shall 49 be brought in the magistrate's division in the county where the defendant 50 resides or the county where the cause of action arose. A defendant may request 51 a change of venue if an action is brought in an improper county. 3 1 SECTION 4. That Section 1-2310, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 1-2310. JUDGMENT AGAINST DEFENDANT. If the judgment or order shall be 4 against the defendant, it shall be his duty to pay the same forthwith or exe- 5 cution may ensue as in other cases. On and after sixty (60) days from the date 6 judgment is rendered, the plaintiff shall be entitled to receive, in addition 7 to the amount awarded in the judgment, attorney's fees and all documented 8 costs associated with collection of the judgment. Such attorney's fees and 9 costs shall be set by the court following the filing of a memorandum of attor- 10 ney's fees and costs with notice to all parties and hearing. 11 SECTION 5. That Section 39-6316, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 39-6316. LAW ENFORCEMENT OFFICERS -- TRAINING, POWERS, DUTIES. (1) All 14 training provided by the peace officers standards and training academy relat- 15 ing to the handling of domestic violence complaints by law enforcement offi- 16 cers shall stress enforcement of criminal laws in domestic situations, avail- 17 ability of community resources, and protection of the victim. Law enforcement 18 agencies and community organizations with expertise in the issue of domestic 19 violence shall cooperate in all aspects of such training. 20 (2) When a peace officer responds to a domestic violence call, the offi- 21 cer shall give a written statement to victims which alerts the victim to the 22 availability of a shelter or other resources in the community, and give the 23 victim a written notice provided by the Idaho state police substantially stat- 24 ing the following: 25 IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you can ask the city 26 or county prosecuting attorney to file a criminal complaint. You also 27 have the right to file a petition in magistrate court requesting an 28 order for protection from domestic abuse which could include any of 29 the following: (a) an order restraining your abuser from further acts 30 of abuse; (b) an order directing your abuser to leave your household; 31 (c) an order preventing your abuser from entering your residence, 32 school, business, or place of employment; (d) an order awarding you 33 or the other parent custody of or visitation with your minor child or 34 children; and (e) an order restraining your abuser from molesting or 35 interfering with minor children in your custody. The forms you need 36 to obtain a protection order are available from the clerk of the 37 district court. The resources available in this community for infor- 38 mation relating to domestic violence, treatment of injuries and 39 places of safety and shelters are: (For safety reasons, inclusion of 40 shelter/safe house addresses is not necessary). You also have the 41 right to sue for losses suffered as a result of the abuse, including 42 medical and moving expenses, loss of earnings or support, and other 43 out-of-pocket expenses for injuries sustained and damage to your 44 property. This can be done without an attorney in small claims court 45 if the total amount claimed is less thanfourfive thousand dollars 46 ($45,000). 47 (3) The peace officer shall make every effort to arrange, offer, or 48 facilitate transportation for the victim to a hospital for treatment of inju- 49 ries or to a place of safety or shelter. 50 (4) The law enforcement agency shall forward the offense report to the 51 appropriate prosecutor within ten (10) days of making such report if there is 52 probable cause to believe that an offense has been committed, unless the case 4 1 is under active investigation.
STATEMENT OF PURPOSE RS 15903C1 To amend Idaho code 1-2301 relating to small claims by increasing the allowable claim amount for cases where recovery of relatively small amounts is sought. Further, to provide for collection of fees by a prevailing party in a small claims action when necessary to perfect the judgement. FISCAL IMPACT It can not be determined how many additional actions will be pursued as a result of increasing the limit. No impact to the General Fund is expected. Contact Name: senator Tim Corder Representative Jim Clark Phone: 332-1000 Senator Mike Burkett STATEMENT OF PURPOSE/FISCAL NOTE S 1400