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H0085.........................................................by STATE AFFAIRS FORESTS - Amends existing law to provide that, at the discretion of the director of the Department of Lands, it shall be the duty of either the attorney general or the prosecuting attorney of the county where the action lies to prosecute all actions for the recovery of penalties and costs incurred by the director of the Department of Lands or the fire warden of any forest protective district under the Idaho Forest Protective Act; and to provide for determination of venue of such actions. 01/16 House intro - 1st rdg - to printing 01/17 Rpt prt - to St Aff 01/27 Rpt out - rec d/p - to 2nd rdg 01/28 2nd rdg - to 3rd rdg 01/30 3rd rdg - PASSED - 69-0-1 AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Nacarrato, Nielsen, Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Collins Floor Sponsor - Ring Title apvd - to Senate 01/31 Senate intro - 1st rdg - to Jud 02/10 Rpt out - rec d/p - to 2nd rdg 02/11 2nd rdg - to 3rd rdg 02/12 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- None Floor Sponsor - Marley Title apvd - to House 02/13 To enrol 02/14 Rpt enrol - Sp signed 02/17 Pres signed 02/18 To Governor 02/20 Governor signed Session Law Chapter 27 Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 85 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE DUTIES OF PROSECUTING ATTORNEYS AND THE ATTORNEY GENERAL; 3 AMENDING SECTION 38-128, IDAHO CODE, TO PROVIDE THAT, AT THE DISCRETION OF 4 THE DIRECTOR OF THE DEPARTMENT OF LANDS, IT SHALL BE THE DUTY OF EITHER 5 THE ATTORNEY GENERAL OR THE PROSECUTING ATTORNEY OF THE COUNTY WHERE THE 6 ACTION LIES TO PROSECUTE ALL ACTIONS FOR THE RECOVERY OF PENALTIES AND 7 COSTS INCURRED BY THE DIRECTOR OF THE DEPARTMENT OF LANDS OR THE FIRE WAR- 8 DEN OF ANY FOREST PROTECTIVE DISTRICT UNDER THE IDAHO FOREST PROTECTIVE 9 ACT AND TO PROVIDE FOR DETERMINATION OF VENUE OF SUCH ACTIONS. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 38-128, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 38-128. DUTIES OF PROSECUTING ATTORNEYS AND ATTORNEY GENERAL. At the dis- 14 cretion of the director of the department of lands, iIt shall be the duty of 15 the attorney general or the prosecuting attorney of the county within which 16 such action lies, to prepare, upon information furnished by the director of 17 the department of lands or the fire warden of any forest protective district, 18 and foreclose all liens, other than those provided for in sections 38-111, 19 38-112 and 38-113, Idaho Code, and to prosecute in the name of the state of 20 Idaho all actions for the recovery of penalties and costs and expenses incur- 21 red by the director of the department of lands, his deputy or fire warden of 22 the district in carrying out the provisions of this chapter. For the purposes 23 of this section,the situs of civil actions, other than for the foreclosure of24liens, shall be the county within which the cause of action arosevenue shall 25 be determined subject to the terms of applicable Idaho law at the time of the 26 incident. Civil actions against nonresidents of the state shall be prosecuted 27 by the attorney general. 28 Whenever any arrest shall have been made for the violation of any provi- 29 sions of this chapter, or whenever any evidence, which shows with reasonable 30 certainty any such violation, shall have been lodged with him, the prosecuting 31 attorney of the county in which the criminal act was committed must prosecute 32 the offender with all diligence and energy.
STATEMENT OF PURPOSE RS 12429 This proposal amends I.C. 38-128 to provide the attorney general authority under the direction of the Department of Lands to prosecute actions for the recovery of penalties and costs incurred by the Director of the Department of Lands or the Fire Warden of any forest protective district. Currently, only the county prosecutors of the county where the costs are incurred have the authority to recover costs. The Department of Lands is represented by the attorney general's office and needs to be included in this process. FISCAL IMPACT No change. Contact Name: Bill von Tagen Phone: 334-4140 STATEMENT OF PURPOSE/FISCAL NOTE H85