2002 Legislation
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HOUSE BILL NO. 518 – Nat’l Guard/state duty/civil proc

HOUSE BILL NO. 518

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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 / Fiscal Impact



                       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