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H0632................................by JUDICIARY, RULES AND ADMINISTRATION ATTORNEY GENERAL - Amends existing law to provide circumstances when the Attorney General of the state shall be served and be entitled to be heard and may intervene in certain cases relating to municipal orders, statutes or franchises. 02/06 House intro - 1st rdg - to printing 02/09 Rpt prt - to Jud 02/20 Rpt out - rec d/p - to 2nd rdg 02/23 2nd rdg - to 3rd rdg 02/25 3rd rdg - PASSED - 67-0-3 AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens, Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase, Clark, Crane, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet, Jones(9), Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake, Linford, Mader, Marley, McKague, Meyer, Miller, Mortensen, 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 -- Gagner, Loertscher, Newcomb Floor Sponsor - Ellsworth Title apvd - to Senate 02/26 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 - Boatright Title apvd - to House 03/19 To enrol - rpt enrol - Sp signed Pres signed - to Governor 03/20 Governor signed Session Law Chapter 235 Effective: 07/01/98
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 632 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO PARTIES TO ACTIONS; AMENDING SECTION 10-1211, IDAHO CODE, TO PRO- 3 VIDE CIRCUMSTANCES WHEN THE ATTORNEY GENERAL OF THE STATE SHALL BE SERVED 4 AND BE ENTITLED TO BE HEARD AND MAY INTERVENE IN CERTAIN CASES AND TO MAKE 5 A TECHNICAL CORRECTION. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 10-1211, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 10-1211. PARTIES TO ACTION -- MUNICIPAL ORDER OR FRANCHISE. When declara- 10 tory relief is sought, all persons shall be made parties who have or claim any 11 interest which would be affected by the declaration, and no declaration shall 12 prejudice the rights of persons not parties to the proceeding. In any proceed- 13 ing which involves the validity of a municipal ordinance or franchise, such 14 municipality shall be made a party, and shall be entitled to be heard, and if 15 the statute, ordinance or franchise is alleged to be unconstitutional, the 16 Aa ttorney Gg eneral of the 17 state shall also be served, and be entitled to be heard and may 18 intervene.
STATEMENT OF PURPOSE RS 07541 This legislation amends Idaho Code § 10-1211 to clarify that the Attorney General shall be served in any declaratory relief action challenging the constitutionality of a state statute or local ordinance. Current law clearly entitles the Attorney General to intervene in such cases. This modification ensures that the Attorney General is affirmatively made aware of the challenge. FISCAL NOTE There should be no impact upon the general funds of the state. The Attorney General will continue to have the discretion to not intervene. Ensuring that the Attorney General is aware of constitutional challenges could result in considerable savings to the state. CONTACT: Freeman Duncan, Legislative Liaison Attorney General's Office Phone:(208)334-4151 STATEMENT OF PURPOSE/FISCAL NOTE Bill No. H 632