1999 Legislation
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HOUSE BILL NO. 209 – Check, no funds, penalty

HOUSE BILL NO. 209

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Daily Data Tracking History



H0209................................by JUDICIARY, RULES AND ADMINISTRATION
CHECKS - INSUFFICIENT FUNDS - Amends existing law to provide that in small
claims action for drawing a check without funds or with insufficient funds,
the plaintiff or a collection agency may recover the amount of the check in
addition to the greater of $100 or three times the amount of the check and,
except as provided in Section 1-2304, Idaho Code, may recover no other
costs, fees, charges or damages; to provide requirements for proof of
service; and to specify the fees recoverable by the plaintiff or collection
agency in a small claims action.

02/10    House intro - 1st rdg - to printing
02/11    Rpt prt - to Jud
02/26    Rpt out - rec d/p - to 2nd rdg
03/01    2nd rdg - to 3rd rdg
03/03    3rd rdg - PASSED - 52-8-10
      AYES -- Alltus, Barraclough, Bell, Bieter, Black, Boe, Bruneel,
      Chase, Cuddy, Deal, Denney, Field(13), Field(20), Gagner, Gould,
      Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
      Jones, Judd, Kempton, Kendell, Kunz, Lake, Limbaugh, Linford,
      Loertscher, Marley, Meyer, Montgomery, Mortensen, Pischner, Pomeroy,
      Reynolds, Ridinger, Ringo, Robison, Sellman, Smith, Smylie, Stone,
      Taylor, Tippets, Trail, Watson, Wheeler, Williams, Zimmermann
      NAYS -- Barrett, Clark, Ellsworth, McKague, Moyle, Stoicheff, Tilman,
      Wood
      Absent and excused -- Callister, Campbell, Crow, Geddes, Kellogg,
      Mader, Sali, Schaefer, Stevenson, Mr Speaker
    Floor Sponsor - Sellman
    Title apvd - to Senate
03/04    Senate intro - 1st rdg - to Jud
03/09    Rpt out - rec d/p - to 2nd rdg
03/10    2nd rdg - to 3rd rdg
03/11    3rd rdg - PASSED - 34-0-1
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
      Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Twiggs, Wheeler, Whitworth
      NAYS--None
      Absent and excused--Parry
    Floor Sponsor - King
    Title apvd - to House
03/12    To enrol
03/15    Rpt enrol - Sp signed
03/16    Pres signed - to Governor
03/18    Governor signed
         Session Law Chapter 115
         Effective: 07/01/99

Bill Text


H0209


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 209

                     BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE

 1                                        AN ACT
 2    RELATING TO SMALL CLAIMS; AMENDING SECTION 1-2301A,  IDAHO  CODE,  TO  PROVIDE
 3        THAT IN AN ACTION FOR DRAWING A CHECK WITHOUT FUNDS OR INSUFFICIENT FUNDS,
 4        THE  PLAINTIFF OR COLLECTION AGENCY MAY RECOVER THE AMOUNT OF THE CHECK IN
 5        ADDITION TO THE GREATER OF ONE HUNDRED DOLLARS OR THREE TIMES  THE  AMOUNT
 6        OF  THE  CHECK  AND, EXCEPT AS PROVIDED IN SECTION 1-2304, IDAHO CODE, MAY
 7        RECOVER NO OTHER COSTS, FEES, CHARGES OR DAMAGES AND TO  PROVIDE  REQUIRE-
 8        MENTS  FOR  PROOF  OF SERVICE; AND AMENDING SECTION 1-2304, IDAHO CODE, TO
 9        SPECIFY THE FEES RECOVERABLE BY THE PLAINTIFF OR A COLLECTION AGENCY IN  A
10        SMALL CLAIMS ACTION.

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

12        SECTION  1.  That  Section 1-2301A, Idaho Code, be, and the same is hereby
13    amended to read as follows:

14        1-2301A.  DRAWING CHECK WITHOUT FUNDS OR INSUFFICIENT FUNDS -- CIVIL  LIA-
15    BILITY. In any action against a person who makes any check, draft or order for
16    the  payment of money which has been dishonored for lack of funds or credit to
17    pay the same, or because the maker has no account with the drawee, the  plain-
18    tiff,  or  a  collection agency with a permit issued to it pursuant to section
19    26-2229, Idaho Code, which is attempting to collect the dishonored check under
20    a written agreement with the payee or holder of the check,  may  recover  from
21    the  defendant  damages in an   the amount of the check, draft
22    or order and, in addition thereto, the greater  of  the    amount  
23    equal  to      of  one hundred dollars ($100) or  triple
24      three (3) times  the amount for which the check,  draft  or
25    order is drawn , whichever is greater .  Except as provided in
26    section  1-2304, Idaho Code, the plaintiff or collection agency may recover no
27    other costs, fees, charges or damages.  However, damages recovered under
28    the provisions of this section shall not exceed by more than five hundred dol-
29    lars ($500) the value of the check, draft or order and may be awarded only  if
30    the  plaintiff  made written demand of the defendant for payment of the amount
31    of the check, draft or order not less than ten (10) days before commencing the
32    action, and if the defendant failed to tender to the plaintiff, prior to  com-
33    mencement of the action, an amount of money not less than the amount demanded.
34    The written demand required by this section shall be sent to the maker by cer-
35    tified  mail at his last known address and shall fully advise the maker of the
36    check, draft, or order of the consequences of failure to make  prompt  payment
37    under  this  section.  The plaintiff or collection agency must show proof
38    of service by producing a copy of a signed return receipt or affidavit of per-
39    sonal service. 

40        SECTION 2.  That Section 1-2304, Idaho Code, be, and the  same  is  hereby
41    amended to read as follows:


                                          2

 1        1-2304.  FEE  S     OF OFFICER SERVING NOTICE  
 2    RECOVERABLE BY PLAINTIFF OR COLLECTION AGENCY .  The officer  serv-
 3    ing such  notice shall  be  entitled to  receive from   In addition
 4    to  the amount of any judgment entered for  the plaintiff  the same
 5      or a collection agency, the plaintiff or  the  collection  agency
 6    may  recover  the lesser of the actual  fees  as are allowed 
 7     paid by the plaintiff or the collection agency   for    other
 8      service  of  process    from the district court, which sum 
 9     upon the defendant or twenty-five dollars ($25.00), whether  service  is
10    by  a  public  officer  or other person , together with  the 
11     court  filing fee s.   named  in  section  1-2303,
12    shall  be  added  to  any  judgment given the plaintiff.   No other
13    costs, fees or charges shall be taxed as costs in  the  proceeding  except  as
14    otherwise provided in rule 81 of the Idaho rules of civil procedure. 

Statement of Purpose / Fiscal Impact


                                              STATEMENT OF PURPOSE      
                                 RS08947

This legislation provides that the plaintiff or a collection agency in a
small claims action to collect on an insufficient funds check may
recover the amount of the check in addition to damages in the amount of
$100 or three times the amount of the check, whichever is greater. The
statute was previously unclear as to whether the amount of the check
could be recovered in addition to damages. The legislation further
provides that these are the only costs, fees, damages or charges which
may be recovered in the action, except as provided in Section 1-2304,
Idaho Code. That section is amended to clarify that the plaintiff or a
collection agency may recover, in addition to the amount of the
judgment, the lesser of the actual fees for service of process on the
defendant or $25.00 and court filing fees. No other fees or costs are
recoverable, except as provided in Rule 81 of the Idaho Rules of Civil
Procedure. Rule 81 I.R.C.P. governs small claims actions, executions on
small claims judgments (for which certain costs are recoverable) and
appeals from small claims judgments (certain costs on appear are
recoverable).





           FISCAL NOTE                        

There is no fiscal impact on the general fund.









CONTACT:   Representative Sher Sellman
         (208) 332-1000
         
         
STATEMENT OF PURPOSE/ FISCAL NOTE    Bill No.      H 209