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H0053........................................................by MR. SPEAKER
Requested by Idaho Association of Counties
CIVIL OFFICERS - Amends and repeals existing law to provide a correct
citation for the procedure for removal of a civil officer.
01/11 House intro - 1st rdg - to printing
01/11 Rpt prt - to Jud
02/18 Rpt out - rec d/p - to 2nd rdg
02/19 2nd rdg - to 3rd rdg
02/22 3rd rdg - PASSED - 64-4-2
AYES -- Barraclough, Bell, Bieter, Black, Boe, Bruneel, Callister,
Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney, Ellsworth,
Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond,
Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd,
Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh, Loertscher, Mader,
Marley, McKague, Meyer, Montgomery, Mortensen, Moyle, Pischner,
Pomeroy, Reynolds, Ridinger, Ringo, Robison, Schaefer, Sellman,
Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor(Taylor), Tilman,
Tippets, Trail, Wheeler, Williams, Zimmermann, Mr Speaker
NAYS -- Alltus, Barrett, Sali, Wood
Absent and excused -- Linford, Watson
Floor Sponsor - Hornbeck
Title apvd - to Senate
02/23 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 - Richardson
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 103
Effective: 07/01/99
H0053|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 53 BY MR. SPEAKER Requested by: Idaho Association of Counties 1 AN ACT 2 RELATING TO REMOVAL OF CIVIL OFFICERS; REPEALING SECTION 19-4115, IDAHO CODE; 3 AMENDING SECTION 23-805, IDAHO CODE, TO STRIKE REFERENCE TO A REPEALED 4 SECTION, TO PROVIDE A CITATION TO PROCEDURE AGAINST A CIVIL OFFICER AND TO 5 MAKE A TECHNICAL CORRECTION; AND AMENDING SECTION 23-936, IDAHO CODE, TO 6 STRIKE REFERENCE TO A REPEALED SECTION AND TO PROVIDE A CITATION TO PROCE- 7 DURE AGAINST A CIVIL OFFICER. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 19-4115, Idaho Code, be, and the same is hereby 10 repealed. 11 SECTION 2. That Section 23-805, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 23-805. DUTIES OF PROSECUTING ATTORNEYS, SHERIFFS, AND OTHER OFFICERS. It 14 shall be the duty of the superintendent of the state liquor dispensary and 15 every prosecuting attorney, sheriff, police or other peace officer to cooper- 16 ate with the department of law enforcement in the enforcement of such laws, 17 and any such officer refusing to so cooperate or divulge any information he 18 may have in any such prosecution shall beproceeded against, and be19subject tosummary removal from his office as provided by section2019-4115action against him as provided in chapter 41, title 19 21 , Idaho Code. Any such action may be brought in the name of the state of 22 Idaho by any resident of the county, or officer of the state or county. Upon 23 the conviction of a person for a violation of the provisions of the Idaho 24Ll iquorAa ct, or of the 25 provisions of chapter 9, title 23, Idaho Code, the judge of the court imposing 26 the judgment of conviction shall immediately send to the director of the 27 department of law enforcement a statement setting forth the title of the 28 court, the name and residence of the defendants, the nature of the offense and 29 the fine and sentence or judgment imposed. 30 SECTION 3. That Section 23-936, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 23-936. DUTY OF PUBLIC OFFICERS. It is hereby made the duty of the prose- 33 cuting attorneys, sheriffs, and all constables and peace officers of the coun- 34 ties or municipalities knowing of any violation of this act to make complaint 35 before the proper tribunal and perform the duties of their offices with 36 respect to the prosecution and conviction of such offenders. Any such officer 37 knowingly refusing to inform against or prosecute any offender under the pro- 38 visions of this act shall be subject toremoval from office in the man-39ner provided by section 19-4115action against him as provided in 40 chapter 41, title 19, Idaho Code .
STATEMENT OF PURPOSE
RS 08434
This bill repeals Section 19-4115, Idaho Code and provides
for new references in Sections 23-805 and 23-936, Idaho Code,
dealing with the removal of civil officers pursuant to Title 39,
Chapter 41, Idaho Code.
FISCAL IMPACT
There is no fiscal impact on the State of Idaho or its
political subdivisions.
CONTACT: Idaho Association of Counties Phone: 345-9126
Dan Chadwick, Tony Poinelli, Paul Beddoe
STATE OF PURPOSE/FISCAL NOTE Bill No. H 5