Print Friendly HOUSE BILL NO. 540 – Writs of execution, code reference
HOUSE BILL NO. 540
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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),
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
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
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fourth Legislature Second Regular Session - 1998
IN 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- 317 112 , 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
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.
No fiscal effect.
Name: Dan John/Ted Spangler
Agency: State Tax Commission
Statement of Purpose/Fiscal Impact