View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
H0540...............................................by REVENUE AND TAXATION
WRITS OF EXECUTION - Amends existing law to provide a correct code
reference relating to execution of writs and attachment of securities.
01/28 House intro - 1st rdg - to printing
01/29 Rpt prt - to Rev/Tax
02/06 Rpt out - to Jud
02/24 Rpt out - rec d/p - to 2nd rdg
02/25 2nd rdg - to 3rd rdg
02/27 3rd rdg - PASSED - 63-0-7
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Chase, Clark, Crane, Crow, Cuddy,
Denney, Ellsworth, Field(13), Field(20), Gagner, Gould, Hadley,
Hansen, Henbest, Hornbeck, Jaquet, Jones(9), Jones(20), Judd,
Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake, Linford,
Loertscher, Mader, Marley, McKague, Meyer, Miller, Pischner, Pomeroy,
Reynolds, Richman, Ridinger, Robison, Sali, Schaefer, Stevenson,
Stoicheff, Stone, Stubbs, Taylor, Tilman, Tippets, Trail, Watson,
Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Callister, Campbell, Deal, Geddes, Jones(22),
Mortensen, Newcomb
Floor Sponsor - Barrett
Title apvd - to Senate
03/02 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 - Deide
Title apvd - to House
03/19 To enrol - rpt enrol - Sp signed
Pres signed - to Governor
03/20 Governor signed
Session Law Chapter 243
Effective: 07/01/98
H0540|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 540 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO WRITS OF EXECUTION; AMENDING SECTION 8-506, IDAHO CODE, TO PROVIDE 3 A CORRECT CODE REFERENCE. 4 Be It Enacted by the Legislature of the State of Idaho: 5 SECTION 1. That Section 8-506, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 8-506. EXECUTION OF WRIT. The sheriff to whom the writ is directed and 8 delivered must execute the same without delay, and if the undertaking men- 9 tioned in section 8-506C, Idaho Code, be not given, as follows: 10 1. Real property standing upon the records of the county in the name of 11 the defendant must be attached by filing with the recorder of the county a 12 copy of the writ, together with a description of the property attached and a 13 notice that it is attached. 14 2. Real property or an interest therein belonging to the defendant and 15 held by any other person, or standing on the records of the county in the name 16 of any other person, must be attached by filing with the recorder of the 17 county a copy of the writ, together with a description of the property, and a 18 notice that such real property and any interest of the defendant therein, held 19 by or standing in the name of such other person (naming him), are attached. 20 The recorder must index such attachment, when filed, in the names of both, of 21 the defendant and of the person by whom the property is held or in whose name 22 it stands on the records. 23 3. Personal property capable of manual delivery must be attached by tak- 24 ing it into custody. 25 4. Stock or shares, or interest in stock or shares, of any corporation or 26 company must be attached by leaving with the president or other head of the 27 same, or the secretary, cashier or other managing agent thereof, a copy of the 28 writ and a notice stating that the stock or interest of the defendant is 29 attached, in pursuance of such writ; provided, that securities as defined in 30 section 28-8-102, Idaho Code, must be attached as provided in section 31 28-8-317112 , Idaho Code. 32 5. Debts and credits and other personal property not capable of manual 33 delivery must be attached by leaving with the person owing such debts, or hav- 34 ing in his possession or under his control such credits or other personal 35 property, or with his agent, a copy of the writ, and a notice that the debts 36 owing by him to the defendant, or the credits or other personal property in 37 his possession or under his control, belonging to the defendants, are attached 38 in pursuance of such writ.
STATEMENT OF PURPOSE
RS07383
This bill corrects a cross-reference in a code section relating to Writs of Execution. The
last clause of Idaho Code Section 8-506(4) refers to Idaho Code Section 28-8-317. This
section was repealed in 1995 and replaced with a new section 28-8-112.
FISCAL IMPACT
No fiscal effect.
CONTACT
Name: Dan John/Ted Spangler
Agency: State Tax Commission
Phone: 334-7530
Statement of Purpose/Fiscal Impact
H 540