1998 Legislation
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HOUSE BILL NO. 482 – Prosecuting atty, supervision by AG


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Daily Data Tracking History

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
      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

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 482


 1                                        AN ACT

 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 all
43    matters pertaining to the duties of their  offices,  and  from  time  to  time


 1    require  of  them  reports as to the condition of public business entrusted to
 2    their charge.
 3        7.   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.
13         8  7 .  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.
16         9  8 .  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.
21         10  9 . 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        1 1   0  . 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        1  2    1 . 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        1 3  2 . 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        1 4  3 . 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 / Fiscal Impact


         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.
    This legislation would have no fiscal impact on the general fund.
    CONTACT: Susan Mather
              Legislative Services
    Bill No. 482