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S1126................................................by JUDICIARY AND RULES
SMALL CLAIMS COURT - Amends existing law to increase the monetary
jurisdiction of the small claims departments from $3,000 to $4,000.
02/08 Senate intro - 1st rdg - to printing
02/09 Rpt prt - to Jud
02/25 Rpt out - rec d/p - to 2nd rdg
02/26 2nd rdg - to 3rd rdg
03/02 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 - Frasure
Title apvd - to House
03/03 House intro - 1st rdg - to Jud
S1126|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1126 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO THE MAGISTRATE'S DIVISION OF THE DISTRICT COURT; AMENDING SECTION 3 1-2208, IDAHO CODE, TO INCREASE THE MONETARY LIMIT OF CIVIL PROCEEDINGS 4 WHICH MAY BE ASSIGNED TO MAGISTRATES AND TO MAKE TECHNICAL CORRECTIONS; 5 AMENDING SECTION 1-2210, IDAHO CODE, TO INCREASE THE MONETARY AMOUNT OF 6 CIVIL ACTIONS WHICH MAY BE REFERRED TO MAGISTRATES WHO ARE NOT ATTORNEYS 7 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 1-2301, IDAHO CODE, TO 8 INCREASE THE MONETARY AMOUNT IN CASES WHICH COME UNDER THE JURISDICTION OF 9 THE SMALL CLAIMS DEPARTMENT OF THE MAGISTRATE'S DIVISION OF THE DISTRICT 10 COURT; AND AMENDING SECTION 39-6316, IDAHO CODE, TO CHANGE A REFERENCE 11 REGARDING THE MONETARY AMOUNTS FOR CASES THAT COME UNDER THE JURISDICTION 12 OF THE SMALL CLAIMS DEPARTMENT OF THE MAGISTRATE'S DIVISION OF THE DIS- 13 TRICT COURT; PROVIDING AN EFFECTIVE DATE AND PROVIDING APPLICATION. 14 Be It Enacted by the Legislature of the State of Idaho: 15 SECTION 1. That Section 1-2208, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 1-2208. ASSIGNMENT OF CASES TO MAGISTRATES. Subject to rules promulgated 18 by the Supreme Court, the administrative judge in each judicial district or 19 any district judge in the district designated by him may assign to magis- 20 trates, severally, or by designation of office, or by class or category of 21 cases, or in specific instances the following matters: 22 (1) Civil proceedings as follows: 23 (a) When the amount of money or damages or the value of personal property 24 claimed does not exceedthreefour thousand dol- 25 lars ($34 ,000): 26 (1i )aA ctions 27 for the recovery of money only arising on contracts express or 28 implied; actions for damages for injury to person, property or repu- 29 tation or for taking or detaining personal property, or for fraud; 30 (2ii )aA ctions 31 for rent and distress for rent; 32 (3iii )aA ctions 33 for claim and delivery; 34 (4iv )pP 35 roceedings in attachment, garnishment, wage deductions for the 36 benefit of creditors, trial or right of personal property and exemp- 37 tions, and supplementary proceedings; 38 (5v )aA ctions 39 arising under the laws for the incorporation of cities or counties or 40 any ordinance passed in pursuance thereof; actions for the confisca- 41 tion or abatement of nuisances and the seizure, condemnation and for- 42 feiture of personal property; proceedings in respect of estrays and 43 lost property; 2 1 (6vi )aA ctions 2 to collect taxes. 3 (b) Proceedings in forcible entry, forcible detainer, and unlawful 4 detainer; and,5 (c) Proceedings for the enforcement and foreclosure of common law and 6 statutory liens of not to exceedthreefour 7 thousand dollars ($34 ,000) on real or personal 8 property. 9 (2) Proceedings in the probate of wills and administration of estates of 10 decedents, minors and incompetents. 11 (3) The following criminal and quasi-criminal proceedings: 12 (a) Misdemeanor and quasi-criminal actions; 13 (b) Proceedings to prevent the commission of crimes; 14 (c) Proceedings pertaining to warrants for arrest or for searches and 15 seizures; and,16 (d) Proceedings for the preliminary examination to determine probable 17 cause, commitment prior to trial or the release on bail of persons charged 18 with criminal offenses. 19 (4) Any juvenile proceedings except those within the scope of the provi- 20 sions of section 1-2210, Idaho Code. 21 (5) Proceedings under the Idaho traffic infractions act, chapter 15, 22 title 49, Idaho Code. 23 SECTION 2. That Section 1-2210, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 1-2210. ASSIGNMENTS RESTRICTED TO MAGISTRATES WHO ARE ATTORNEYS. The 26 Supreme Court by rule may specify additional categories of matters assignable 27 to magistrates, except that the following matters may not be assigned to mag- 28 istrates who are not attorneys: 29 (a)cC ivil actions in which the amount of money 30 or damages or the value of property claimed exceedsthree31 four thousand dollars ($34 ,000), except as 32 otherwise authorized by this act; 33 (b)cC riminal proceedings in which the maximum 34 authorized punishment exceeds the punishment authorized for misdemeanors; 35 (c)aA ll proceedings involving the custody of 36 minors and all habeas corpus proceedings; 37 (d)pP roceedings for divorce, separate mainte- 38 nance or annulment; and 39 (e)pP roceedings in quo warranto, or for 40 injunction, prohibition, mandamus, ne exeat, or appointment of a receiver. 41 SECTION 3. That Section 1-2301, Idaho Code, be, and the same is hereby 42 amended to read as follows: 43 1-2301. SMALL CLAIMS DEPARTMENT -- CREATION AND JURISDICTION. In every 44 magistrate's division of the district court of this state, the district court 45 may create and organize a "Small Claims Department of the Magistrate's Divi- 46 sion," which shall have jurisdiction in cases for the recovery of money where 47 the amount of each claim does not exceedthreefour 48 thousand dollars ($34 ,000), and in cases for the 49 recovery of personal property where the value of such property does not exceed 50threefour thousand dollars ($34 51 ,000). Any action brought in a small claims department of the 3 1 magistrate's division shall be brought in the magistrate's division encompass- 2 ing either the county where the defendant resides or the county where the 3 cause of action arose. Either party to an action may request a change of venue 4 as provided by chapter 4, title 5, Idaho Code. 5 SECTION 4. That Section 39-6316, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 39-6316. LAW ENFORCEMENT OFFICERS -- TRAINING, POWERS, DUTIES. (1) All 8 training provided by the peace officers standards and training academy relat- 9 ing to the handling of domestic violence complaints by law enforcement offi- 10 cers shall stress enforcement of criminal laws in domestic situations, avail- 11 ability of community resources, and protection of the victim. Law enforcement 12 agencies and community organizations with expertise in the issue of domestic 13 violence shall cooperate in all aspects of such training. 14 (2) When a peace officer responds to a domestic violence call, the offi- 15 cer shall give a written statement to victims which alert the victim to the 16 availability of a shelter or other resources in the community, and give the 17 victim a written notice provided by the department of law enforcement substan- 18 tially stating the following: 19 IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you can ask the city 20 or county prosecuting attorney to file a criminal complaint. You also 21 have the right to file a petition in magistrate court requesting an 22 order for protection from domestic abuse which could include any of 23 the following: (a) an order restraining your abuser from further 24 acts of abuse; (b) an order directing your abuser to leave your 25 household; (c) an order preventing your abuser from entering your 26 residence, school, business, or place of employment; (d) an order 27 awarding you or the other parent custody of or visitation with your 28 minor child or children; and (e) an order restraining your abuser 29 from molesting or interfering with minor children in your custody. 30 The forms you need to obtain a protection order are available from 31 the clerk of the district court. The resources available in this com- 32 munity for information relating to domestic violence, treatment of 33 injuries and places of safety and shelters are: (For safety reasons, 34 inclusion of shelter/safe house addresses are not necessary). You 35 also have the right to sue for losses suffered as a result of the 36 abuse, including medical and moving expenses, loss of earnings or 37 support, and other out-of-pocket expenses for injuries sustained and 38 damage to your property. This can be done without an attorney in 39 small claims court if the total amount claimed is less than40threefour thousand dollars ($341 4 ,000). 42 (3) The peace officer shall make every effort to arrange, offer, or 43 facilitate transportation for the victim to a hospital for treatment of inju- 44 ries or to a place of safety or shelter. 45 (4) The law enforcement agency shall forward the offense report to the 46 appropriate prosecutor within ten (10) days of making such report if there is 47 probable cause to believe that an offense has been committed, unless the case 48 is under active investigation. 49 SECTION 5. This act shall be in full force and effect on and after July 50 1, 1999, and shall apply to all claims filed on and after July 1, 1999.
STATEMENT OF PURPOSE
RS08813
The purpose of this legislation would be to amend existing
statute to increase the monetary limit of civil proceedings
which may be assigned to magistrates. This amends section 1-2301, Idaho Code, to increase from $3,000 to $9,000 the monetary
amount in cases which come under the jurisdiction of the small
claims department of the Magistrate's Division of the District
Court.
FISCAL NOTE
This bill should be revenue neutral to the general fund. This
will increase option's to the general public to settle disputes
in the small claims department of the Magistrate's Division of
the district courts.
CONTACT: Senator Evan Frasure
phone: 332-1316
STATEMENT OF PURPOSE/ FISCAL NOTE S1126