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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 - 2002IN 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