1998 Legislation
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HOUSE BILL NO. 540 – Writs of execution, code reference


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Daily Data Tracking History

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
      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

Bill Text


 ||||              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

 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 / Fiscal Impact


                            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
    Phone: 334-7530
    Statement of Purpose/Fiscal Impact
    H 540