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HOUSE BILL NO. 801

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Daily Data Tracking History

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H0801......................................................by STATE AFFAIRS
CIVIL OFFICERS - Repeals existing law which provides for summary removal of
a civil officer upon findings by the court that the officer has been guilty
of such things as wilfully charging illegal fees or refusing or neglecting
to perform his duties.

03/05    House intro - 1st rdg - to printing
03/06    Rpt prt - to St Aff
03/10    Rpt out - rec d/p - to 2nd rdg
03/11    2nd rdg - to 3rd rdg
    Rls susp - PASSED 53-4-13
      AYES -- Barraclough, Barrett, Bell, Bieter, Bivens, Black(15), Boe,
      Callister, Campbell, Chase, Clark, Cuddy, Deal, Denney, Ellsworth,
      Field(13), Field(20), Gagner, Gould, Hadley, Hansen, Henbest,
      Hornbeck, Jaquet, Jones(22), Jones(20), Judd, Kendell, Kjellander,
      Kunz, Lake, Loertscher, Marley, McKague, Meyer, Miller, Mortensen,
      Newcomb, Pomeroy, Reynolds, Richman, Ridinger, Robison, Stone,
      Taylor, Tilman, Tippets, Trail, Watson, Wheeler, Wood, Zimmermann,
      Mr Speaker
      NAYS -- Bruneel, Pischner, Schaefer, Stoicheff
      Absent and excused -- Alltus, Black(23), Crane, Crow, Geddes,
      Jones(9), Kellogg, Kempton, Linford, Mader, Sali, Stevenson, Stubbs
    Floor Sponsor - Hornbeck
    Title apvd - to Senate
03/12    Senate intro - 1st rdg - to St Aff

Bill Text

H0801


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

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 801

                                BY STATE AFFAIRS COMMITTEE

 1                                        AN ACT
 2    RELATING TO REMOVAL OF CIVIL OFFICERS; REPEALING SECTION 19-4115, IDAHO  CODE;
 3        AMENDING  SECTIONS 23-805 AND 23-936, IDAHO CODE, TO STRIKE REFERENCE TO A
 4        REPEALED SECTION AND TO PROVIDE A CITATION TO PROCEDURE  AGAINST  A  CIVIL
 5        OFFICER.

 6    Be It Enacted by the Legislature of the State of Idaho:

 7        SECTION  1.  That  Section 19-4115, Idaho Code, be, and the same is hereby
 8    repealed.

 9        SECTION 2.  That Section 23-805, Idaho Code, be, and the  same  is  hereby
10    amended to read as follows:

11        23-805.  DUTIES OF PROSECUTING ATTORNEYS, SHERIFFS, AND OTHER OFFICERS. It
12    shall  be  the  duty  of the superintendent of the state liquor dispensary and
13    every prosecuting attorney, sheriff, police or other peace officer to  cooper-
14    ate  with  the  department of law enforcement in the enforcement of such laws,
15    and any such officer refusing to so cooperate or divulge  any  information  he
16    may  have  in  any  such  prosecution shall be  proceeded against, and be
17     subject to  summary removal from his office as provided by section
18    19-4115,   action against him as provided in chapter 41, title  19,
19      Idaho Code. Any such action may be brought in the name of the state of
20    Idaho by any resident of the county, or officer of the state or  county.  Upon
21    the  conviction  of  a  person  for a violation of the provisions of the Idaho
22    Liquor Act, or of the provisions of chapter 9, title 23, Idaho Code, the judge
23    of the court imposing the judgment of conviction shall immediately send to the
24    director of the department of law enforcement a statement  setting  forth  the
25    title  of  the  court, the name and residence of the defendants, the nature of
26    the offense and the fine and sentence or judgment imposed.

27        SECTION 3.  That Section 23-936, Idaho Code, be, and the  same  is  hereby
28    amended to read as follows:

29        23-936.  DUTY OF PUBLIC OFFICERS. It is hereby made the duty of the prose-
30    cuting attorneys, sheriffs, and all constables and peace officers of the coun-
31    ties  or municipalities knowing of any violation of this act to make complaint
32    before the proper tribunal and  perform  the  duties  of  their  offices  with
33    respect  to the prosecution and conviction of such offenders. Any such officer
34    knowingly refusing to inform against or prosecute any offender under the  pro-
35    visions  of this act shall be subject to  removal from office in the man-
36    ner provided by section 19-4115   action against him as provided in
37    chapter 41, title 19, Idaho Code .

Statement of Purpose / Fiscal Impact

    





                        STATEMENT OF PURPOSE
    
                               RS08175
    
    This legislation repeals IC 19-4115, and provides for new 
    references in Idaho Code 23-805 and 936 dealing with the 
    removal of civil officers pursuant to title 19, Chapter 41, 
    Idaho Code.
    
                             FISCAL NOTE
    
    There is no fiscal impact
    
    CONTACT: Representative Hornbeck
             332-1000
    
    STATEMENT OF PURPOSE/FISCAL NOTE
    
             Bill No.   H 801