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H0518.........................................by TRANSPORTATION AND DEFENSE
NATIONAL GUARD - Adds to existing law to provide a stay of civil
proceedings where National Guard members are called into state active duty.
01/31 House intro - 1st rdg - to printing
02/01 Rpt prt - to Transp
02/13 Rpt out - rec d/p - to 2nd rdg
02/14 2nd rdg - to 3rd rdg
02/18 3rd rdg - PASSED - 46-21-3
AYES -- Aikele, Barraclough, Bell, Bieter, Black, Block, Boe,
Callister, Campbell, Collins, Cuddy, Deal, Denney, Ellsworth,
Eskridge, Field(13), Field(20), Gould, Harwood, Henbest, Hornbeck,
Jaquet, Jones, Kellogg, Kunz, Lake, Langford, Mader, Martinez, Meyer,
Montgomery, Pischner, Pomeroy, Ridinger, Robison, Sali, Schaefer,
Sellman, Shepherd, Smith(33), Smylie, Stevenson, Stone, Trail, Wood,
Young
NAYS -- Barrett, Bedke, Bolz, Bradford, Bruneel, Ellis, Gagner,
Hadley, Hammond, Higgins, Kendell, Loertscher, McKague, Mortensen,
Moyle, Pearce, Raybould, Roberts, Tilman, Wheeler, Mr. Speaker
Absent and excused -- Clark, Crow, Smith(23)
Floor Sponsor - Ridinger
Title apvd - to Senate
02/19 Senate intro - 1st rdg - to St Aff
02/28 Rpt out - rec d/p - to 2nd rdg
03/01 2nd rdg - to 3rd rdg
03/11 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Goedde, Hawkins, Hill, Ingram, Keough, King-Barrutia, Little,
Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims,
Sorensen, Stegner, Thorne, Wheeler, Williams
NAYS -- None
Absent and excused -- Ipsen, Stennett
Floor Sponsor - Davis
Title apvd - to House
03/12 To enrol
03/13 Rpt enrol - Sp signed
Pres signed
03/14 To Governor
03/19 Governor signed
Session Law Chapter 101
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 518
BY TRANSPORTATION AND DEFENSE COMMITTEE
1 AN ACT
2 RELATING TO THE STATE MILITIA; AMENDING CHAPTER 4, TITLE 46, IDAHO CODE, BY
3 THE ADDITION OF A NEW SECTION 46-409, IDAHO CODE, TO PROVIDE A STAY OF
4 CIVIL PROCEEDINGS WHERE NATIONAL GUARD MEMBERS ARE CALLED INTO STATE SER-
5 VICE.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Chapter 4, Title 46, Idaho Code, be, and the same is
8 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
9 ignated as Section 46-409, Idaho Code, and to read as follows:
10 46-409. STAY OF CIVIL PROCEEDINGS. (1) Any civil action or proceeding in
11 any court which involves a member called into state active duty, for services
12 as defined in subsection (3) of this section, may be stayed by the court dur-
13 ing such service and for a period after such service of thirty (30) days. The
14 stay may be granted by the court on its own motion and will be granted upon
15 the motion of a plaintiff or defendant unless, in the opinion of the court,
16 the ability to prosecute or defend the action is not materially affected by
17 reasons of the member's state active duty.
18 (2) Before a member shall be entitled to the protections of this section,
19 that member shall furnish to the affected creditor, landlord, court or other
20 affected person a copy of the written orders placing the member on state
21 active duty, together with a written certification, issued under the direction
22 of the adjutant general to certify that the member has served continuously on
23 state orders for the period commencing with the date of the orders through the
24 date of the statement. At the expiration of such certification, the creditor,
25 landlord, court or other affected person may require the member to furnish a
26 new certification for every ensuing thirty (30) day period of consecutive
27 state active duty, which shall be furnished to the member, upon request, by
28 the adjutant general.
29 (3) The definition of "state active duty," as used in sections 46-409
30 through 46-412, Idaho Code, is limited to service that exceeds seventeen (17)
31 consecutive calendar days and that is ordered by the governor for the security
32 of the rights or lives of citizens, or the protection of public or private
33 property.
STATEMENT OF PURPOSE
RS 11500C1
This proposal adds I.C. 46-409 to Chapter 4, Title 46 Idaho
Code to provide a stay of civil proceedings for National Guard
members ordered to state active duty.
FISCAL IMPACT
There is no fiscal impact from this proposal.
CONTACTS:
Name: Bill von Tagen
Phone: 334-4140
Name: John Norris
Agency: Idaho Military Division
Phone: 422-5471
STATEMENT OF PURPOSE/FISCAL NOTE H 518