2003 Legislation
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HOUSE BILL NO. 85 – Forest, protection cost, prosecutn

HOUSE BILL NO. 85

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN 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 of
 24    liens,  shall be the county within which the cause of action arose venue 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 / Fiscal Impact



                       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