View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
S1007................................................by JUDICIARY AND RULES
CHECKS - DISHONORED - Amends existing law to clarify that the civil
liability imposed for dishonored checks applies only to actions filed in
the small claims department of the magistrates division of the district
court.
01/15 Senate intro - 1st rdg - to printing
01/16 Rpt prt - to Jud
01/29 Rpt out - rec d/p - to 2nd rdg
01/30 2nd rdg - to 3rd rdg
02/02 3rd rdg - PASSED - 30-0-4(1 vacant)
AYES -- Andreason, Boatright, Brandt, Bunderson, Burtenshaw, Cameron,
Danielson, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins,
Ingram, Ipsen, Keough, King-Barrutia, Lodge, Noh, Richardson, Sandy,
Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth,
Williams,
NAYS -- None
Absent and excused -- Branch, Darrington, Lee, Risch
Vacant -- Dist. #4
Floor Sponsor - Richardson
Title apvd - to House
02/05 House intro - 1st rdg - to Jud
02/08 Rpt out - rec d/p - to 2nd rdg
02/09 2nd rdg - to 3rd rdg
02/15 3rd rdg - PASSED - 68-0-2
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Cuddy,
Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
Gagner, Gould, Hadley, Harwood, Henbest, Higgins, Hornbeck, Jaquet,
Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader,
Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce,
Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali,
Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Swan,
Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Crow, Hammond
Floor Sponsor -- Pearce
Title apvd - to Senate
02/16 To enrol
02/19 Rpt enrol - Pres signed
02/20 Sp signed
02/21 To Governor
02/22 Governor signed
Session Law Chapter 22
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1007
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE SMALL CLAIMS DEPARTMENT OF THE MAGISTRATES DIVISION; AMENDING
3 SECTION 1-2301A, IDAHO CODE, TO CLARIFY THAT CIVIL LIABILITY IMPOSED UNDER
4 THIS SECTION FOR DISHONORED CHECKS APPLIES ONLY TO ACTIONS FILED IN THE
5 SMALL CLAIMS DEPARTMENT OF THE MAGISTRATES DIVISION OF THE DISTRICT COURT.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 1-2301A, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 1-2301A. DRAWING CHECK WITHOUT FUNDS OR INSUFFICIENT FUNDS -- CIVIL LIA-
10 BILITY. In any action filed in the small claims department against a person
11 who makes any check, draft or order for the payment of money which has been
12 dishonored for lack of funds or credit to pay the same, or because the maker
13 has no account with the drawee, the plaintiff, or a collection agency with a
14 permit issued to it pursuant to section 26-2229, Idaho Code, which is attempt-
15 ing to collect the dishonored check under a written agreement with the payee
16 or holder of the check, may recover from the defendant the amount of the
17 check, draft or order and, in addition thereto, the greater of the amount of
18 one hundred dollars ($100) or three (3) times the amount for which the check,
19 draft or order is drawn. Except as provided in section 1-2304, Idaho Code, the
20 plaintiff or collection agency may recover no other costs, fees, charges or
21 damages. However, damages recovered under the provisions of this section shall
22 not exceed by more than five hundred dollars ($500) the value of the check,
23 draft or order and may be awarded only if the plaintiff made written demand of
24 the defendant for payment of the amount of the check, draft or order not less
25 than ten (10) days before commencing the action, and if the defendant failed
26 to tender to the plaintiff, prior to commencement of the action, an amount of
27 money not less than the amount demanded. The written demand required by this
28 section shall be sent to the maker by certified mail at his last known address
29 and shall fully advise the maker of the check, draft, or order of the conse-
30 quences of failure to make prompt payment under this section. The plaintiff or
31 collection agency must show proof of service by producing a copy of a signed
32 return receipt or affidavit of personal service.
STATEMENT OF PURPOSE
RS10583
This bill is one of a series of bills that the Supreme Court has
recommended in its annual report of "defects in the laws" to the
Governor as required under article V, section 25 of the Idaho
Constitution.
This bill amends section l-2301A, Idaho Code, relating to a
person s civil liability for a dishonored check, to clarify that this
section only applies to actions filed in the small claims court.
Idaho Code l-2301A prescribes the cost, fees, charges, and
damages that may be obtained by the holder of a bad check. This
section is in the chapter of the Idaho Code that pertains solely to
the small claims court. However, the statute provides: "In any action
against a person who makes any check,
..." The words "any action", standing alone, may lead a person to
erroneously conclude that this statute authorizes the filing of a
claim for a bad check in any court.
An examination of the legislative history of this statute
reveals an intent that the small claims court is to have the
exclusive jurisdiction to hear dishonored check claims under this
statutory provision, and this bill will remove the ambiguity.
FISCAL NOTE
This bill will not have an impact on state or local funds.
Contact Person:
Patricia Tobias
Administrative Director of the Courts
Idaho Supreme Court
(208) 334-2246
STATEMENT OF PURPOSE/FISCAL NOTE S1007