Print Friendly HOUSE BILL NO. 430 – Legal forms, date changes
HOUSE BILL NO. 430
View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.
This sentence is marked with bold and underline to show added text.
This sentence is marked with strikethrough and italic, indicating
text to be removed.
H0430......................................................by STATE AFFAIRS
LEGAL FORMS - Amends existing law to remove obsolete twentieth century
references in statutory legal forms.
01/15 House intro - 1st rdg - to printing
01/16 Rpt prt - to St Aff
01/22 Rpt out - rec d/p - to 2nd rdg
01/23 2nd rdg - to 3rd rdg
01/28 3rd rdg - PASSED - 68-0-2
AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark,
Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge,
Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Harwood,
Henbest, Higgins, Hornbeck, Jaquet, Kellogg, Kendell, Kunz, Lake,
Langford, Loertscher, Mader, Martinez, McKague, Meyer, Montgomery,
Mortensen, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger,
Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smith(33),
Smith(23), Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Young,
NAYS -- None
Absent and excused -- Jones, Wood
Floor Sponsor - Deal
Title apvd - to Senate
01/29 Senate intro - 1st rdg - to St Aff
02/07 Rpt out - rec d/p - to 2nd rdg
02/08 2nd rdg - to 3rd rdg
02/12 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little,
Lodge, Marley, Noh, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Williams
NAYS -- None
Absent and excused -- Geddes, Richardson
Floor Sponsor - Davis
Title apvd - to House
02/13 To enrol
02/14 Rpt enrol - Sp signed
02/15 Pres signed
02/18 To Governor
02/19 Governor signed
Session Law Chapter 32
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 430
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO LEGAL FORMS; AMENDING SECTION 1-2312, IDAHO CODE, TO REMOVE OBSO-
3 LETE TERMINOLOGY; AMENDING SECTIONS 19-507, 19-1410, 19-1506 AND 19-2909,
4 IDAHO CODE, TO REMOVE OBSOLETE TERMINOLOGY AND TO MAKE TECHNICAL CORREC-
5 TIONS; AMENDING SECTIONS 19-3006, 19-3602, 19-3903, 19-4309, 19-4407,
6 32-401, 32-402 AND 33-429, IDAHO CODE, TO REMOVE OBSOLETE TERMINOLOGY AND
7 TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 40-1305FF, IDAHO CODE, TO
8 REMOVE OBSOLETE TERMINOLOGY; AMENDING SECTIONS 42-2973, 43-2532, 45-407
9 AND 45-519, IDAHO CODE, TO REMOVE OBSOLETE TERMINOLOGY AND TO MAKE TECHNI-
10 CAL CORRECTIONS; AMENDING SECTION 47-606, IDAHO CODE, TO REMOVE OBSOLETE
11 TERMINOLOGY; AMENDING SECTIONS 47-611, 49-1702 AND 50-431, IDAHO CODE, TO
12 REMOVE OBSOLETE TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
13 SECTION 50-1742, IDAHO CODE, TO REMOVE OBSOLETE TERMINOLOGY AND TO MAKE A
14 TECHNICAL CORRECTION; AND AMENDING SECTIONS 51-109 AND 67-3801, IDAHO
15 CODE, TO REMOVE OBSOLETE TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS.
16 Be It Enacted by the Legislature of the State of Idaho:
17 SECTION 1. That Section 1-2312, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 1-2312. FORM FOR APPEAL -- FILING AND DISPOSITION. An appeal from the
20 small claims department may be in the following terms:
21 In the Magistrate's Division of the District Court for .... County, Idaho,
22 .... Plaintiff, vs. ...., Defendant. Comes now ...., resident of .... County,
23 Idaho and appeals from the decision of the small claims department of the
24 magistrate's division for .... County, Idaho, wherein a judgment for .... dol-
25 lars was awarded against him on the .... day of ...., 19 .....
26 ............................... (Signed)
27 Such appeal shall be filed with the magistrate's division. Such appeal
28 shall be tried in the magistrate's division without any other pleadings than
29 those required in the small claims department originally trying the cause, all
30 papers in the case shall be certified to said lawyer magistrate as is now pro-
31 vided by law in other cases of appeals in civil actions in the magistrate's
32 division, provided, however, that said lawyer magistrate may require such
33 other or further statements and information as he may deem necessary for the
34 proper consideration of said controversy.
35 SECTION 2. That Section 19-507, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 19-507. FORM OF WARRANT. A warrant of arrest is an order in writing, in
38 the name of the state of Idaho, signed by a magistrate, commanding the arrest
39 of the defendant, and may be substantially in the following form:
40 County of ...., state of Idaho.
41 To any sheriff, constable, marshal, or policeman of said state, or of the
1 county of ....:
2 A complaint on oath, having this day been laid before me, by A.B., that
3 the crime of (designating it) has been committed, and accusing C.D. thereof,
4 you are therefore commanded forthwith to arrest the above named C.D. and bring
5 him before me at (naming the place), or in the case of my absence or inability
6 to act, before the nearest or most accessible magistrate in this county.
7 Dated at ...., this .... day of ....,
8 19 .....
9 SECTION 3. That Section 19-1410, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 19-1410. FORM OF INDICTMENT. It may be substantially in the following
13 The state of Idaho against A.B., in the district court of the ....
14 judicial district, in the county of ..... .... term, 19 .....
15 A.B. is accused by the grand jury of the county of .... by this
16 indictment, of the crime of (giving its legal appellation, such as murder,
17 arson, or the like), committed as follows:
18 The said A.B., on the .... day of ...., 19 ...., at
19 the county of ...., (here set forth the act or omission charged as an
21 SECTION 4. That Section 19-1506, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 19-1506. FORM OF BENCH WARRANT. The bench warrant upon the indictment
24 must, if the offense be a felony, be substantially in the following form:
25 County of .....
26 The state of Idaho, to any sheriff, constable, marshal or policeman of
27 this state:
28 An indictment having been found on the .... day of ....,
29 19 ...., in the district court of the .... judicial district, in and
30 for the county of ...., charging C.D. with the crime of ....
31 (designating it generally); you are therefore commanded forthwith to arrest
32 the above named C.D., and bring him before that court to answer said indict-
33 ment; or if the court have has adjourned for the term, that you deliver him
34 into the custody of the sheriff of the county of .....
35 Given under my hand with the seal of said court affixed, this ....
36 day of ...., 19 .....
37 By order of said court.
38 (Seal.) E.F., Clerk.
39 SECTION 5. That Section 19-2909, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 19-2909. FORM OF UNDERTAKING. Bail is put in by a written undertaking
42 executed by two (2) sufficient sureties (with or without the defendant, in the
43 discretion of the magistrate), and acknowledged before the court or magis-
44 trate, in substantially the following form:
45 An order having been made on the .... day of ...., 19...., by A.B., a
46 judge of .... county (or as the case may be), that C.D. be held to answer upon
47 a charge of (stating briefly the nature of the offense), upon which he has
48 been admitted to bail in the sum of .... dollars; we, E.F. and G.H. (stating
49 their place of residence), hereby undertake that the above named C.D. will
1 appear and answer the charge above mentioned abovementioned in whatever court
2 it may be prosecuted, and will at all times hold himself amenable to the
3 orders and process of the court, and if convicted, will appear for pronounce-
4 ment of judgment, or if he fails to perform any of these conditions, that we
5 will pay to the people of the state of Idaho the sum set forth above.
6 SECTION 6. That Section 19-3006, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 19-3006. FORM OF SUBPOENA. A subpoena authorized by section 19-3004,
9 Idaho Code, must be substantially in the following form:
10 The state of Idaho to A.B.:
11 You are commanded to appear before C.D., a justice of the peace of
12 .... precinct, in .... county (or as the case may be), at (naming
13 the place), on (stating the day and hour), as a witness in a criminal action
14 prosecuted by the state of Idaho against E.F.
15 Given under my hand this .... day of ...., 19 .....
16 G.H., Justice of the Peace, (or "J.K., Prosecuting Attorney," or
17 "By order of the court, L.M., Clerk," or as the case may be).
18 If books, papers or documents are required, a direction to the following
19 effect must be contained in the subpoena: "And you are required, also, to
20 bring with you the following" (describing intelligibly the books, papers or
21 documents required).
22 SECTION 7. That Section 19-3602, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 19-3602. FORM OF SUMMONS. The summons must be substantially in the fol-
25 lowing form:
26 County of (as the case may be):
27 The state of Idaho to the (naming the corporation):
28 You are hereby summoned to appear before me at (naming the place), on
29 (specifying the day and hour), to answer a charge made against you upon the
30 information of A.B. (or the presentment of the grand jury of the county, as
31 the case may be), for (designating the offense generally).
32 Dated at the city or precinct of ...., this .... day of
33 ...., 19 .....
34 G.H., Justice of the Peace.
35 (Or as the case may be.)
36 SECTION 8. That Section 19-3903, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 19-3903. ISSUANCE AND FORM OF WARRANT. If the probate judge or justice of
39 the peace is satisfied therefrom that the offense complained of has been com-
40 mitted, he must issue a warrant of arrest, which must be substantially in the
41 following form:
42 County of .....
43 The state of Idaho to any sheriff, constable, marshal or policeman, in
44 this state:
45 Complaint, upon oath, having been this day made before me ....
46 (justice of the peace or probate judge, as the case may be), by C.D., that the
47 offense of .... (designating it generally), has been committed, and
48 accusing E.F. thereof; you are therefore commanded forthwith to arrest the
49 above named E.F. and bring him before me forthwith at .... (naming
2 Witness my hand at ...., this .... day of ....,
3 19 ..... (And if in probate court, seal of court.) A.B.
4 SECTION 9. That Section 19-4309, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 19-4309. FORM OF WARRANT. The coroner's warrant must be in substantially
7 the following form:
8 County of .....
9 The state of Idaho, to any sheriff, constable, marshal, or policeman in
10 this state:
11 An inquisition having been this day found by a coroner's jury before me,
12 stating that A.B. has come to his death by the act of C.D., by criminal means
13 (or as the case may be, as found by the inquisition), you are therefore com-
14 manded forthwith to arrest the above named C.D., and take him before the near-
15 est or most accessible magistrate in this county.
16 Given under my hand this .... day of ...., 19 .....
18 Coroner of the County of .....
19 SECTION 10. That Section 19-4407, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 19-4407. FORM OF WARRANT. The warrant must be in substantially the fol-
22 lowing form:
23 County of .....
24 The state of Idaho to any sheriff, constable, marshal, or policeman in the
25 county of ....: Proof, by affidavit, having been this day made before me
26 by (naming every person whose affidavit has been taken), that (stating the
27 grounds of the application, or, if the affidavit be not positive, that there
28 is probable cause for believing that -- stating the ground of the application
29 in the same manner), you are therefore commanded, in the day time daytime (or
30 at any time of the day or night, as the case may be) to make immediate search
31 of the person of C.D. (or in the house situated ...., describing it or
32 any other place to be searched, with reasonable particularity, as the case may
33 be) for the .... following property: (describing it with reasonable par-
34 ticularity); and if you find the same or any part thereof, to bring it forth-
35 with before me at .... (stating the place).
36 Given under my hand, and dated this .... day of .... 19 .....
37 E.T., Justice of the Peace.
38 (Or as the case may be.)
39 SECTION 11. That Section 32-401, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 32-401. MARRIAGE LICENSE -- CONTENTS. The county recorder of any county
42 in this state shall have authority to issue marriage licenses to any parties
43 applying for the same who may be entitled under the laws of this state to con-
44 tract matrimony, authorizing the marriage of such parties, which licenses
45 shall be substantially in the following form:
46 Know all men by this certificate that any regularly ordained minister of
47 the gospel, authorized by the rites and usages of the church or denomination
48 of Christians, Hebrews, or religious body of which he may be a member, or any
49 judge or justice of the peace or competent officer to whom this may come, he
1 not knowing of any lawful impediment thereto, is hereby authorized and empow-
2 ered to solemnize the rites of matrimony between ...., of .... of
3 the county of ...., and the state of ...., and
4 ...., of .... of the county of ...., state of
5 ...., and to certify the same to said parties, or either of them, under his
6 hand and seal, in his ministerial or official capacity, and thereupon he is
7 required to return his certificate in form following as hereto annexed.
8 In testimony whereof I have hereunto set my hand and affixed
9 the seal of said county, at ...., this .... day of
10 ...., 19 .....
11 .... Recorder.
12 SECTION 12. That Section 32-402, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 32-402. CERTIFICATE AND RETURN. The form of certificate annexed to said
15 license, and therein referred to, shall be as follows:
16 I, ...., a ...., residing at ...., in the county of
17 ...., in the state of Idaho, do certify that, in accordance with the
18 authority on me conferred by the above license, I did on this .... day
19 of ...., in the year 19 ...., at ...., in the county of
20 ...., in the state of Idaho, solemnize the rights of matrimony between
21 ...., of ...., in the county of ...., of the state of
22 ...., and ...., of ...., of the county of
23 ...., of the state of ...., in the presence of ....
24 and .....
25 Witness my hand and seal at the county aforesaid, this .... day of
26 ...., 19 .....
27 In the presence of ..... .... [Seal]
29 The license and certificate, duly executed by the minister or officer who
30 shall have solemnized the marriage authorized, shall be returned by him to the
31 office of the recorder who issued the same, within thirty (30) days from the
32 date of solemnizing the marriage therein authorized; and a neglect to make
33 such return shall be deemed a misdemeanor, and the person whose duty it shall
34 be to make such return, who shall neglect to make such return within the time
35 above specified, shall, upon conviction thereof, be punished by a fine of not
36 less than twenty dollars ($20.00) nor more than fifty dollars ($50.00) to be
37 assessed by any justice of the peace or other court having jurisdiction.
38 SECTION 13. That Section 33-429, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 33-429. PETITION -- FORM. Recall petitions shall be printed on single
41 sheets of paper of good writing quality including, but not limited to,
42 newsprint not less than eight and one-half (8 1/2) inches in width and not
43 less than fourteen (14) inches in length. Such petitions shall be substan-
44 tially in the following form:
46 Every person who signs this petition with any other than his true name, or
47 who knowingly (1) signs more than one (1) of these petitions, (2) signs this
48 petition when he is not a legal voter, or (3) makes herein any false state-
49 ment, may be fined, or imprisoned, or both.
50 Petition for the recall of (here insert the name of the person whose
51 recall is petitioned for) to the (here insert the name and title of the clerk
1 of the school board with whom the charge is filed).
2 We, the undersigned citizens and legal voters of (the school district's
3 official name and school trustee zone number), respectfully direct that a spe-
4 cial election be called for the following reasons: (setting out the reasons in
5 a recall statement of not more than two hundred (200) words); each of us for
6 himself says: I have personally signed this petition; I am a legal voter of
7 the state of Idaho in (the school district's official name and school trustee
8 zone number) and county written after my name, and my residence address is
9 correctly stated, and to my knowledge, have signed this petition only once.
10 Each and every signature sheet of each petition containing signatures
11 shall be verified on the face thereof in substantially the following form by
12 the person who circulated said sheet of the petition, by his or her affidavit
13 thereon, as a part thereof:
14 State of Idaho )
15 ) ss.
16 County of )
17 I, ...................., swear, under penalty of per-
18 jury, that every person who signed this sheet of the foregoing petition signed
19 his or her name thereto in my presence. I believe that each has stated his or
20 her name and the accompanying required information on the signature sheet cor-
21 rectly, and that the person was eligible to sign this petition.
22 (Signature) ............
23 Post Office address .........
26 Subscribed and sworn to before me this .... day of ....,
27 19 .....
28 (Notary Seal) ..................
29 Notary Public
30 Residing at ..........
31 SECTION 14. That Section 40-1305FF, Idaho Code, be, and the same is
32 hereby amended to read as follows:
33 40-1305FF. PETITION -- FORM. Recall petitions shall be printed on single
34 sheets of paper of good writing quality including, but not limited to,
35 newsprint not less than eight and one-half (8 1/2) inches in width and not
36 less than fourteen (14) inches in length. No petition may be circulated or
37 signed prior to the approval of a ballot synopsis by the magistrate court.
38 Such petitions shall be substantially in the following form:
40 Every person who signs this petition with any other than his true name, or
41 who knowingly: (1) signs more than one (1) of these petitions; (2) signs this
42 petition when he is not a legal voter; or (3) makes herein any false state-
43 ment; may be fined, or imprisoned, or both.
44 Petition for the recall of (here insert the name of the person whose
45 recall is petitioned for) to the (here insert the name and title of the secre-
46 tary of the highway district with whom the charge is filed).
47 We, the undersigned citizens and legal voters of (the highway district's
48 official name), respectfully direct that a recall election be called to deter-
49 mine whether or not (here insert the name of the person) be recalled and dis-
50 charged from his office; and each of us for himself says: I have personally
51 signed this petition; I am a legal voter of the state of Idaho in (the highway
52 district's official name) and county written after my name, and my residence
53 address is correctly stated, and to my knowledge, have signed this petition
1 only once.
2 Each and every signature sheet of each petition containing signatures
3 shall be verified on the face thereof in substantially the following form by
4 the person who circulated said sheet of the petition, by his or her affidavit
5 thereon, as a part thereof:
6 State of Idaho )
7 ) ss.
8 County of )
9 I, ...................., swear, under penalty of perjury, that every per-
10 son who signed this sheet of the foregoing petition signed his or her name
11 thereto in my presence. I believe that each has stated his or her name and the
12 accompanying required information on the signature sheet correctly, and that
13 the person was eligible to sign this petition.
14 (Signature) ......................
15 Post Office address ..............
17 Subscribed and sworn to before me this ... day of ........, 19.....
18 (Notary Seal) ..................................
19 Notary Public
20 Residing at ......................
21 SECTION 15. That Section 42-2973, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 42-2973. FORM OF RELEASE AND DISCHARGE. The release and discharge pro-
24 vided for in section 42-2972, Idaho Code, shall be in substantially the fol-
25 lowing form:
26 Release and discharge from liability from payment of the bonded and war-
27 rant indebtedness of drainage district number .... in .... County,
28 Idaho, from the lien of the assessment roll of said district as confirmed by
29 the court.
30 WHEREAS, on the .... day of ...., 19 ....,
31 ......... (The owner, part owner, mortgagee or other lien holder
32 lienholder, as the case may be) paid to the County Treasurer of ....
33 County, Idaho, .... (in cash, bonds, warrants or matured interest coupons
34 of said district, as the case may be) the sum of $ ...., being the total
35 unpaid amount of the lien against the real property hereinafter described,
36 created by the assessment roll of said district; said property being situate
37 within Drainage District Number ...., in .... County, Idaho, and
38 particularly described as follows, to wit:
39 (Insert description of property.)
40 and being shown on the assessment roll of said district as assessment number
42 NOW THEREFORE, in consideration of such payment, and pursuant to law, the
43 undersigned does by those presents release and discharge the above described
44 tract, lot or parcel of land from the lien against said land created by the
45 assessment roll of Drainage District Number .... in .... County,
46 Idaho, and from the payment of all of the bonded indebtedness now existing
47 against the same, and from the payment of any bonds now issued or that may
48 hereafter be issued to refund the same, or any part thereof, and from the pay-
49 ment of any warrants of the district heretofore issued or that may hereafter
50 be issued in payment of interest on such indebtedness or refunded indebted-
51 ness, and releases and discharges said tract, lot or parcel of land from fur-
52 ther payment of benefits assessed against said land as shown by the assessment
1 roll of said district and from all liens created thereby, save and except
2 assessments made or to be made by said district for the operation and mainte-
3 nance thereof.
4 IN WITNESS WHEREOF, I, the County Treasurer of the county of ....,
5 state of Idaho, and duly authorized by law to collect all sums of money
6 assessed by the drainage commissioners of Drainage District Number ....
7 in said county, have hereunto set my hand as such county treasurer this
8 .... day of ...., 19 .....
11 .... County, Idaho.
12 Said release and discharge shall be acknowledged before an officer autho-
13 rized to take acknowledgments to conveyances. The acknowledgment shall be sub-
14 stantially in the following form:
15 STATE OF IDAHO
17 COUNTY OF ....
18 On this .... day of ...., 19 ...., before me,
19 ...., (Official Character), in and for said state, personally appeared
20 ...., known to me to be the person whose name is subscribed to the within
21 instrument as the County Treasurer of the Ccounty of ...., state of
22 Idaho, and acknowledged to me that .... he executed the same, as such
24 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
25 seal the day and year in this certificate first above written.
27 (Official Character).
28 SECTION 16. That Section 43-2532, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 43-2532. FORM OF ASSIGNMENT -- ASSIGNMENT BY PURCHASER. The assignment
31 prescribed by the preceding section must be substantially in the following
32 form, and endorsed on the certificate:
33 ASSIGNMENT BY TREASURER
34 State of Idaho
37 Irrigation District
38 For and in consideration of the sum of $.... paid to said dis-
39 trict, the receipt whereof is hereby acknowledged, I do hereby assign
40 to .... whose post-office address is .... all the right, title and
41 interest of the said district in and to the within and foregoing
42 delinquency certificate.
43 In witness whereof, I have hereunto set my hand at ...., Idaho,
44 this .... day of ...., 19.....
46 Treasurer of the Irrigation District
48 Such delinquency certificate may be assigned by the purchaser; provided,
49 that such assignment must be attached to the original delinquency certificate
50 and a duplicate of such assignment must be delivered to the treasurer who must
51 attach the same to the duplicate delinquency certificate in his office.
52 The assignment of any delinquency certificate by the purchaser thereof or
53 any assignee of such purchaser must be executed in duplicate and acknowledged
1 as provided by law in the conveyance of real property and such assignment must
2 be substantially in the following form, to wit:
3 "For value received, I hereby assign to .... whose post-office
4 address is ...., all my right, title and interest in and to delin-
5 quency certificate No. ..., issued by the treasurer of
6 .................. Irrigation District, Idaho, on account of delin-
7 quent local improvement district assessments for the year 19...., on
8 the property described in said certificate.
9 In witness whereof, I have hereunto set my hand this .... day of
10 ...., 19.....
13 SECTION 17. That Section 45-407, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 45-407. CLAIM OF LIEN FOR WORK OR LABOR. Every person, within sixty (60)
16 days after the close of the rendition of the services, or after the close of
17 the work or labor mentioned in sections 45-401 and 45-402, Idaho Code, claim-
18 ing the benefit hereof, must file for record with the county recorder of the
19 county in which such saw logs, spars, piles, cord wood cordwood or other tim-
20 ber was cut, or in which such lumber was manufactured, or, if removed to
21 another county, then in such county, a notice of claim containing a statement
22 of his demand, and the amount thereof, after deducting, as near as possible,
23 all just credits and offsets, with the name of the person by whom he was
24 employed. The notice of claim shall state what such service, work or labor is
25 reasonably worth; and it shall also contain a description of the property to
26 be charged with the lien, sufficient for identification, with reasonable cer-
27 tainty, which notice of claim must be verified by the oath of himself, his
28 agent or attorney, to the effect that the affiant believes the same to be
29 true. Such notice of claim shall be substantially in the following form:
30 .... claimant, vs. ....
31 Notice is hereby given that .... of .... county, state of
32 Idaho, claims a lien upon a .... of .... being about
33 .... in quantity, which were cut in .... county, state of Idaho,
34 are marked thus ...., and are now lying in .... for labor performed
35 upon and assistance rendered in .... said ....; that the name of
36 the owner or reputed owner is ....; that .... employed said
37 .... to perform such labor and render such assistance upon the following
38 terms, to wit: The said .... agreed to pay the said .... for such
39 labor and assistance ....; that said contract has been faithfully per-
40 formed and fully complied with on the part of said ...., who
41 performed labor upon and assisted in .... said ....
42 for the period of .... that said labor and assistance were
43 so performed and rendered upon said .... between the ....
44 day of .... and the .... day of ...., and the rendi-
45 tion of said services was closed on the .... day of .... and
46 .... days have not elapsed since that time; that the amount of claimant's
47 demand for said services is ....; that no part thereof has been paid
48 except ...., and there is now due and unpaid thereon, after deducting all
49 just credits and offsets, the sum of ...., in which amount he claims a
50 lien upon said .....
51 State of Idaho, .... county, ss.
52 ...., being first duly sworn, on oath says that he is .... named in
53 the foregoing claim, has heard the same read and knows the contents thereof,
1 and believes the same to be true .....
2 Subscribed and sworn to before me this .... day of
3 ...., 19 .....
4 SECTION 18. That Section 45-519, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 45-519. RELEASE OF LIEN ON REAL PROPERTY BY POSTING SURETY BOND -- FORM
7 OF BOND. The debtor of the lien claimant or a party in interest in the prem-
8 ises subject to the lien must obtain a surety bond executed by the debtor of
9 the lien claimant or a party in interest in the premises subject to the lien,
10 as principal, and executed by a corporation authorized to transact surety
11 business in this state, as surety, in substantially the following form:
12 (Title of court and cause, if action has been commenced)
13 WHEREAS, .................... (name of owner, con-
14 tractor, or other person disputing the lien) desires to give a bond for
15 releasing the following described real property from that certain claim of
16 mechanic's lien in the sum of $ ..........., recorded
17 ..............., 19 ...., in the office of the recorder in
18 ....................... (name of county where the real prop-
19 erty is situated):
20 (legal description)
21 NOW, THEREFORE, the undersigned principal and surety do hereby obligate
22 themselves to ........................., (name of claim-
23 ant) the claimant named in the mechanic's lien, under the conditions pre-
24 scribed by sections 45-518 through 45-524, Idaho Code, inclusive, in the sum
25 of $ ....... (1-1/2 x claim), from which sum they will pay the claimant
26 such amount as a court of competent jurisdiction may adjudge to have been
27 secured by his lien, with interest, costs and attorney's fees.
28 IN WITNESS WHEREOF, the principal and surety have executed this bond at
29 ..................., Idaho, on the ......... day
30 of ............, 19 .....
32 (Signature of Principal)
33 (SURETY CORPORATION)
34 BY .........................
35 (Its Attorney in Fact)
36 State of Idaho )
37 ) ss.
38 County of ........)
39 On ..............., 19 ...., before me, the undersigned,
40 a notary public of this county and state, personally appeared
41 ....................... who acknowledged that he executed
42 the foregoing instrument as principal for the purposes therein mentioned and
43 also personally appeared ....................... known
44 (or satisfactorily proved) to me to be the attorney in fact of the corporation
45 that executed the foregoing instrument and known to me to be the person who
46 executed that instrument on behalf of the corporation therein named, and he
47 acknowledged to me that that corporation executed the foregoing instrument.
51 (Notary Public in and for the
52 County and State)
1 SECTION 19. That Section 47-606, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 47-606. AFFIDAVIT OF PERFORMANCE OF LABOR -- NOTICE OF ACCEPTANCE OF
4 WAIVER, SUSPENSION OR EXTENSION -- FEES -- EFFECT AS EVIDENCE. Within sixty
5 (60) days after any time set or period allowed for the performance of labor,
6 or making improvements upon any lode or placer claim, the person in whose
7 behalf such work or improvement is performed or some person for him, must make
8 and record an affidavit in substance as follows:
9 State of Idaho, county of ...., ss.
10 Before me, the subscriber, personally appeared ...., who being first duly
11 sworn says, that at least .... dollars worth of work or improvements were per-
12 formed or made upon .... claim, situate in .... mining district, County of
13 ...., State of Idaho:
14 That such expenditure was made by, for, or at the expense of ...., owner
15 of said claim, for the purpose of holding said claim; all stakes, monuments or
16 trees marking boundaries of said claim are in proper place and position.
17 Subscribed and sworn to before me this .... day of ...., 19.....
18 The fee for administering the oath and recording the foregoing affidavit,
19 when taken before any county recorder, shall be as provided by section
20 31-3205, Idaho Code.
21 Such affidavit, or a certified copy thereof in case the original is lost,
22 shall be prima facie evidence of the performance of such labor. The failure to
23 file such affidavit shall be considered prima facie evidence that such labor
24 has not been done.
25 When the performance of annual labor upon any lode or placer claim is sus-
26 pended, extended or waived by act of congress of the United States, and provi-
27 sion is therein made for filing or recording a notice, affidavit or statement
28 by the claimant or other person for him, accepting the provisions of said act,
29 then the same shall be filed as herein provided for affidavit of performance
30 of annual labor, and the same fees shall be charged therefor and the same
31 effect shall be given thereto, and the same presumptions shall arise therefrom
32 as provided herein for said affidavit of performance of annual labor.
33 SECTION 20. That Section 47-611, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 47-611. AFFIDAVIT OF LOCATORS. At or before the time of presenting a
36 location notice for record, whether it be for a quartz lode or placer claim,
37 one (1) of the locators named in the same must make and subscribe an affida-
38 vit, in writing on or attached to the notice, substantially in the following
39 form, to wit:
40 State of Idaho, county of ...., ss.
41 I, ...., do solemnly swear that I am a citizen of the United States
42 of America (or have declared my intentions to become such), and that I am
43 acquainted with the mining ground described in this notice of location, and
44 herewith called the .... lode or placer claim; that the ground and claim
45 therein described or any part thereof has not, to the best of my knowledge and
46 belief, been previously located according to the laws of the United States and
47 this state, or if so located, that the same has been abandoned or forfeited by
48 reason of the failure of such former locators to comply in respect thereto
49 with the requirements of said laws.
52 Subscribed and sworn to before me this .... day of ....
1 19 .....
4 SECTION 21. That Section 49-1702, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 49-1702. FORM FOR NOTICE OF LIEN. To claim the benefits of the provisions
7 of this chapter a lien claimant shall, prior to making any repairs, provide
8 notice to the registered and legal owner of a motor vehicle of intended
9 repairs, service, or storage at the request of a person in possession of the
10 vehicle. The notice shall be substantially in the following form:
11 To: ........ [(Name of registered and legal owner
12 and addresses ])
13 Notice is hereby given, in accordance with the
14 provisions of ........, Idaho Code, that the under-
15 signed, ........ of ...., [(address ])
16 has been requested by ...., of ...., ........
17 [(address ]) ...., .... [(the registered owner, or
18 agent thereof ]) ...., to ........ [(repair or as the case
19 may be ]) the following described motor vehicle of which you are
20 designated the registered or legal owner on the title: ........
21 [(specify year, make and model ]) ...., ........ [(vehicle identi-
22 fication no. ]) ...., ........ [(license no. ])
23 ..... If appropriate, add: The repairs requested are as
24 follows: .........
25 The undersigned intends to begin such ........ [(repairs or as
26 the case may be ]) on approximately ........, 19 .....
27 The approximate charges for the services requested will be
28 $ ........, and the undersigned will claim a lien on the vehicle for
29 the actual amount of such charges.
30 In accordance with the provisions of sections ........ and
31 ........, Idaho Code, the undersigned requests that you consent to
32 the performance of ......... (such repairs or as the case may be) by
33 signing and returning the enclosed copy of this notice.
34 Dated ........, 19 .....
38 I hereby consent to the performance of the above described
39 ........ (repairs or as the case may be.)
40 Dated ........, 19 .....
42 (Signature of registered or legal owner)
43 SECTION 22. That Section 50-431, Idaho Code, be, and the same is hereby
44 amended to read as follows:
45 50-431. FORM OF PETITION -- DECLARATION OF CANDIDACY. Petitions of nomi-
46 nation shall read substantially as herein set forth. Any number of separate
47 petitions of nomination may be circulated at the same time for any candidate
48 and all petitions for each candidate shall be considered one (1) petition when
49 filed with the city clerk. Each signer of a petition shall be a registered
50 qualified elector.
1 PETITION OF NOMINATION
2 This petition of nomination, if found insufficient, shall be returned to
3 (Name) .........., at .......... Street, City of
4 ........, Idaho.
5 DECLARATION OF CANDIDACY
6 I, the undersigned, being a qualified elector of the City of
7 .........., State of Idaho, hereby declare myself to be a candidate
8 for the office of ........, for a term of .... years, to be
9 voted for at the election to be held on the .... day of
10 ........, 19 ...., and certify that I possess the legal qualifica-
11 tions to fill said office, and that my post-office address is
13 (Signed) ................
14 Subscribed and sworn to before me this .... day of ........,
15 19 .....
17 Notary Public
18 State of Idaho,
19 County of ........ ss.
20 City of .........
21 We, the undersigned, do hereby join in a petition for the nomination of
22 .............., whose residence is at (Number) ....
23 (Street) ........, (City) ........ for the office of
24 ........ for the term of .... years, to be voted at the general
25 city election to be held in the City of ........ on the .... day
26 of ........, 19 ...., and do further certify that we are registered
27 qualified electors and are not at this time the signers of any other petitions
28 nominating any other candidate for the above-named office, or in case there
29 are several positions to be filled in the above-named office, that we have not
30 signed more petitions than there are positions to be filled in the above-named
32 (Signed) (Name - printed) (Address)
34 .................... .................... ....................
36 .................... .................... ....................
38 .................... .................... ....................
39 SECTION 23. That Section 50-1742, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 50-1742. FORM OF ASSIGNMENT -- ASSIGNMENT BY PURCHASER. The assignment
42 prescribed by the preceding section must be substantially in the following
43 form, and indorsed on the certificate:
44 ASSIGNMENT BY TREASURER
45 State of Idaho ss.
46 Municipality ....
47 For and in consideration of the sum of $.... paid to said municipality,
48 the receipt whereof is hereby acknowledged, I do hereby assign to .... whose
49 post-office address is .... all the right, title and interest of the said
1 municipality in and to the within and foregoing delinquency certificate.
2 In witness whereof, I have hereunto set my hand at ...., Idaho, this ....
3 day of ...., 19.....
5 Treasurer of the municipality of
7 Such delinquency certificate may be assigned by the purchaser; provided,
8 that such assignment must be attached to the original delinquency certificate
9 and a duplicate of such assignment must be delivered to the treasurer who must
10 attach the same to the duplicate delinquency certificate in his office.
11 The assignment of any delinquency certificate by the purchaser thereof or
12 any assignee of such purchaser must be executed in duplicate and acknowledged
13 as provided by law in the conveyance of real property and such assignment must
14 be substantially in the following form, to wit:
15 "For value received, I hereby assign to .... whose post-office address is
16 ...., all my right, title and interest in and to delinquency certificate No.
17 ...., issued by the treasurer of ...., Idaho, on account of delinquent local
18 improvement district assessments for the year 19.... on the property described
19 in said certificate.
20 In witness whereof, I have hereunto set my hand this .... day of ....,
24 SECTION 24. That Section 51-109, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 51-109. FORMS FOR NOTARIAL ACTS. (1) Certificates of acknowledgment shall
27 substantially conform to the forms set forth in sections 55-710 through
28 55-715, Idaho Code.
29 (2) An oath or affirmation, which is in writing, shall be signed by the
30 person who takes it, and the notary public shall enter thereunder substan-
31 tially the following:
32 "State of Idaho)
34 County of .....)
35 Subscribed and sworn (or affirmed) before me this ..... day of ..........,
37 ....................(official signature and seal)
38 (3) An oath or affirmation administered verbally by a notary public shall
39 be in substantially the following form:
40 "You do solemnly swear (or affirm) that the testimony you shall give in
41 the matter in issue shall be the truth, the whole truth, and nothing but
42 the truth." The person who takes the oath or affirmation must respond
44 (4) A certificate of verification of an instrument shall follow the
45 maker's signature and shall identify the notary public and certify that the
46 maker personally appeared, was sworn, stated his authority for making the
47 instrument, and averred the truth of the statements therein. For example, the
48 verification of a corporate document by an officer of the corporation should
49 be in substantially the following form:
50 "State of Idaho)
52 County of .....)
53 I, ...................., a notary public, do hereby certify that on
1 this ..... day of .........., 19....., personally appeared before me
2 ............., who, being by me first duly sworn, declared that he is the
3 ............ of ........................., that he signed the foregoing
4 document as .......... of the corporation, and that the statements therein
5 contained are true."
6 ....................(official signature and seal)
7 (5) If a certified copy of a document cannot be obtained from any
8 recorder or custodian of public documents, and if certification of a copy of
9 the document by a notary public is otherwise permissible, a notary public may
10 certify a copy of the document in substantially the following form:
11 "State of Idaho)
13 County of .....)
14 I, ...................., a notary public, do certify that on
15 .........., 19....., I carefully compared the attached copy of
16 ......................... [( described describe document ]) with the origi-
17 nal. It is a complete and true copy of the original document."
18 ....................(official signature and seal)
19 (6) On each notary certificate, the notary public shall immediately fol-
20 lowing his signature state the date of the expiration of his commission in
21 substantially the following form:
22 "My commission expires on .............., 19....."
23 SECTION 25. That Section 67-3801, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 67-3801. ISSUANCE UPON CANCELATION CANCELLATION OF OUTSTANDING BONDS. The
26 state of Idaho, through its governor and state treasurer, is authorized to
27 have printed extra blank state bonds of any issue now outstanding or hereafter
28 issued; said bonds to be kept in such secure place as may be designated by
29 such officials. The state treasurer is hereby authorized to receive for
30 cancelation cancellation and cancel any bonds which may have been or are here-
31 after issued, and upon cancelation cancellation thereof to issue to the owner
32 or holder of such bonds submitted for cancelation cancellation, new bonds of
33 the same issue of such higher or lower denominations as may be requested, but
34 the equivalent in money and in the exact form and contents, except as to the
35 amount of each individual bond, as the bonds canceled.
36 Upon the cancelation cancellation of said bonds they shall each be muti-
37 lated by perforating the face thereof with the word "canceled," and each cou-
38 pon attached thereto shall be mutilated by punching a hole therein, and the
39 numbers and denominations of the new bonds issued in place thereof shall be
40 stamped or written on each of said canceled bonds. The state controller and
41 the state treasurer shall each enter a full description of the new bonds or
42 bond in registers kept in their respective offices for such purpose and shall
43 show the cancelation cancellation of the old bonds in the proper bond regis-
44 ter. The new bonds shall be signed by the state controller following the word
45 "registered." The state officers in office at the time of the issuing of the
46 new bonds, holding the same offices as those signing the old bonds are hereby
47 authorized to sign their names, attest and execute the new bond or bonds so
48 issued, but such bonds shall bear the date of the original bonds. Upon the
49 face of each new bond as issued must appear the words: "This bond is issued
50 this .... day of ...., 19...., in lieu of bond No. .... of this issue, in com-
51 pliance with the provisions of chapter No. 86, 1923 Session Laws of the State
52 of Idaho," inserting the date of the issue of the new bond. All expenses con-
53 nected with such exchange of any bonds shall be paid in advance by the appli-
STATEMENT OF PURPOSE
The purpose of this proposed legislation is literally housekeeping in
nature. There are 25 places in the Idaho Code where various legal
forms are outlined and the statutory date to be affixed to them is
19___. With the coming of 2000 this reference is obsolete and there
have been a couple of cases in the past year where having or not
having 19___ on certain legal documents that were being filed in 2000
or 2001 could have placed a legal cloud on legitimate proceedings.
This legislation would remove that cloud and clean up the Idaho Code
database to reflect the new century.
Representative Bill Deal
Idaho House of Representatives
STATEMENT OF PURPOSE/FISCAL NOTE H 430