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H0482................................by JUDICIARY, RULES AND ADMINISTRATION
PROSECUTING ATTORNEYS - Amends existing law to eliminate the duty of the
attorney general to supervise the prosecuting attorneys.
01/20 House intro - 1st rdg - to printing
01/21 Rpt prt - to Jud
02/12 Rpt out - rec d/p - to 2nd rdg
02/13 2nd rdg - to 3rd rdg
02/17 3rd rdg - PASSED - 66-0-4
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Boe, Bruneel, Callister, Campbell, Chase, Clark, Crane,
Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner,
Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet, Jones(9),
Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander,
Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer,
Miller, Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman,
Ridinger, Robison, Sali, Schaefer, Stevenson, Stoicheff, Taylor,
Tilman, Tippets, Trail, Watson, Wheeler, Wood, Zimmermann
NAYS -- None
Absent and excused -- Black(23), Stone, Stubbs, Mr Speaker
Floor Sponsor - Jones(9)
Title apvd - to Senate
02/18 Senate intro - 1st rdg - to Jud
03/10 Rpt out - rec d/p - to 2nd rdg
03/11 2nd rdg - to 3rd rdg
03/18 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
Sweeney, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Hansen
Floor Sponsor - Riggs
Title apvd - to House
03/19 To enrol - rpt enrol - Pres signed
Sp signed - to Governor
03/20 Governor signed
Session Law Chapter 245
Effective: 07/01/98
H0482|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 482 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO THE DUTIES OF THE ATTORNEY GENERAL; AMENDING SECTION 67-1401, 3 IDAHO CODE, TO ELIMINATE THE DUTY OF THE ATTORNEY GENERAL TO SUPERVISE 4 PROSECUTING ATTORNEYS. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 67-1401, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 67-1401. DUTIES OF ATTORNEY GENERAL. Except as otherwise provided in this 9 chapter, it is the duty of the attorney general: 10 1. To perform all legal services for the state and to represent the state 11 and all departments, agencies, offices, officers, boards, commissions, insti- 12 tutions and other state entities, in all courts and before all administrative 13 tribunals or bodies of any nature. Provided however, that such representation 14 shall be for the legislative, and judicial branches, the governor, those state 15 entities within the department of self-governing agencies, colleges and uni- 16 versities, only upon request. Whenever required to attend upon any court or 17 administrative tribunal the attorney general shall be allowed necessary and 18 actual expenses, all claims for which shall be audited by the state board of 19 examiners. 20 2. To advise all departments, agencies, offices, officers, boards, com- 21 missions, institutions and other state entities in all matters involving ques- 22 tions of law. 23 3. After judgment in any of the causes referred to in the first subdivi- 24 sion, to direct the issuing of such process as may be necessary to carry the 25 same into execution. 26 4. To account for and pay over to the proper officer all moneys received 27 which belong to the state. 28 5. To supervise nonprofit corporations, corporations, charitable or 29 benevolent societies, person or persons holding property subject to any public 30 or charitable trust and to enforce whenever necessary any noncompliance or 31 departure from the general purpose of such trust and, in order to accomplish 32 such purpose, said nonprofit corporations, corporations, charitable or benevo- 33 lent societies, person or persons holding property subject to any public or 34 charitable trust are subject at all times to examination by the attorney gen- 35 eral, on behalf of the state, to ascertain the condition of its affairs and to 36 what extent, if at all, said trustee or trustees may have failed to comply 37 with trusts said trustee or trustees have assumed or may have departed from 38 the general purpose for which it was formed. In case of any such failure or 39 departure, the attorney general shall institute, in the name of the state, any 40 proceeding necessary to enforce compliance with the terms of the trust or any 41 departure therefrom. 42 6.To exercise supervisory powers over prosecuting attorneys in all43matters pertaining to the duties of their offices, and from time to time2 1require of them reports as to the condition of public business entrusted to2their charge.37.To give an opinion in writing, without fee, to the legislature 4 or either house thereof, or any senator or representative, and to the gover- 5 nor, secretary of state, treasurer, state controller, and the trustees or com- 6 missioners of state institutions, when required, upon any question of law 7 relating to their respective offices. The attorney general shall keep a record 8 of all written opinions rendered by the office and such opinions shall be com- 9 piled annually and made available for public inspection. All costs incurred in 10 the preparation of said opinions shall be borne by the office of the attorney 11 general. A copy of the opinions shall be furnished to the supreme court and to 12 the state librarian. 1387 . When required by the public service, to 14 repair to any county in the state and assist the prosecuting attorney thereof 15 in the discharge of duties. 1698 . To bid upon and purchase, when necessary, 17 in the name of the state, and under the direction of the state controller, any 18 property offered for sale under execution issued upon judgments in favor of or 19 for the use of the state, and to enter satisfaction in whole or in part of 20 such judgments as the consideration for such purchases. 21109 . Whenever the property of a judgment debtor 22 in any judgment mentioned in the preceding subdivision has been sold under a 23 prior judgment, or is subject to any judgment, lien, or encumbrance, taking 24 precedence of the judgment in favor of the state, under the direction of the 25 state controller, to redeem such property from such prior judgment, lien, or 26 encumbrance; and all sums of money necessary for such redemption must, upon 27 the order of the board of examiners, be paid out of any money appropriated for 28 such purposes. 29 110 . When necessary for the collection or 30 enforcement of any judgment hereinbefore mentioned, to institute and prose- 31 cute, in behalf of the state, such suits or other proceedings as may be neces- 32 sary to set aside and annul all conveyances fraudulently made by such judgment 33 debtors; the cost necessary to the prosecution must, when allowed by the board 34 of examiners, be paid out of any appropriations for the prosecution of delin- 35 quents. 36 121 . To exercise all the common law power and 37 authority usually appertaining to the office and to discharge the other duties 38 prescribed by law. 39 132 . To report to the governor, at the time 40 required by this code, the condition of the affairs of the attorney general's 41 office and of the reports received from prosecuting attorneys. 42 143 . To appoint deputy attorneys general and 43 special deputy attorneys general and other necessary staff to assist in the 44 performance of the duties of the office. Such deputies and staff shall be non- 45 classified employees within the meaning of section 67-5302, Idaho Code.
STATEMENT OF PURPOSE
RS 07459
This legislation is recommended by the Legislative Council Interim Committee on the Criminal
Justice Process.
This legislation repeals the attorney general's supervisory authority over county prosecuting
attorneys. The legislation is consistent with the recent case of Newman v. Lance, 129 Idaho 98, 922 P.2d
395 (1996) in which the Idaho Supreme Court held that the state has made it the primary duty of the
county prosecutor to enforce the state penal laws, and while the attorney general may provide assistance
to the prosecuting attorney, the statute contemplates a collaborative effort between the attorney general
and the prosecuting attorney, not the functioning of one to the exclusion of the other. Existing language in
section 67-1401, Idaho Code, which is not affected by this legislation, provides for assistance to county
prosecutors by the attorney general and other statutes provide procedures in the event the county
prosecutor is unable to perform his or her duties. It was the consensus of the committee that the
language providing for the attorney general's supervisory authority over county prosecutors is no longer
meaningful or appropriate and should be deleted.
FISCAL NOTE
This legislation would have no fiscal impact on the general fund.
CONTACT: Susan Mather
Legislative Services
334-4858
STATEMENT OF PURPOSE/FISCAL NOTE
Bill No. 482